HomeMy WebLinkAbout90998000.i 87
CERTIFICATE OF SALE
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated October 1, 2004, executed and delivered by
Carolyn E. Pearson and Jeff E. Pearson, as tenants by the entirety to Mortgage
Electronic Registration Systems, Inc. and (b) that certain mortgage dated
October 1, 2004 (the "Mortgage"), securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on October 5, 2004, as/in Book 569PR at Page 202-A and rerecorded
on October 14, 2004 in Book 570PR at Page 160, in the records of the office of
the County Clerk and ex-officio Register of Deeds in and for Lincoln County,
State of Wyoming, and which Mortgage covers that certain real property
described below, as follows, to-wit:
Lot 3 of Block 6 of the Bedford Townsite, Lincoln
County, Wyoming as described on the official plat
thereof.
LESS AND EXCEPT the land contained in Quit Claim
Deed recorded August 2, 2001 in Book 469PR on
Page 905 of the records of the Lincoln County Clerk
with an address of
240 B Street, Bedford, WY 83112
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Mortgage Electronic Registration
Systems, Inc. ("Mortgagee") elected to foreclose the same and at the request
and direction of Mortgagee a written notice of the intention to foreclose the
Mortgage was served upon the record owner and the party in possession of said
real property at least ten (10) days prior to commencement of the first publication
of the foreclosure sale notice, as shown by the affidavit attached hereto as
Exhibit A and by this reference made a part hereof.
5. That Mortgagee has caused publication to be made of a
notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the June 16, 2005 issue of said
newspaper and ending with the July 7, 2005 issue thereof; that said notice was
mailed, certified mail, return receipt requested, to all parties as required by
Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by
this reference made a part hereof, and that said notice as mailed and published,
did comply in all respects with the requirements of the statutes relating to
foreclosures of mortgages by advertisement and sale; and that a copy of said
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Pearson 21309-1741 [05-06498]
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notice and the publisher's affidavit of publication thereof are attached hereto as
Exhibit B and by this reference made a part hereof.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On July 12, 2005 at 10:00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell
the above-described real property at public auction in accordance with the notice
of foreclosure sale by then and there calling for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
$ iT0,000.00 ("Bid Sum"), which was bid and offered
by Mort.qaRe Electronic Reqistration Systems, Inc. ("Successful Bidder") and that
after soliciting and calling for other and higher bids therefor, and receiving none
from those attending upon the sale, said real property was struck off and sold by
the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum
was thereupon paid and the sale of said real property was then and there
completed as by law provided.
7. That the sum of $650.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee as compensation for services actually
rendered in the foreclosure proceeding, said attorneys having made an affidavit
as required by the statutes of the State of Wyoming, a copy of said affidavit being
attached hereto as Exhibit C, and by this reference made a part hereof.
8. That the sale of the above-described real property was made
in full compliance with the provisions of the Mortgage thereby foreclosed and was
in all respects conducted in conformity with the requirements of the Wyoming
Statutes.
9. That said Successful Bidder shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after July 12, 2005, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
/--~7/-~ day of ~ 1~, ,2005.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name:b~ i [ ~¢ (~,.-,.,--~~'~ ~ ~: ~
Title: ,..~'@c~,- ~ ~.. JF
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09099~0
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrumer/t~was, subscribed in.~y~pre~ence and
acknowledged before me by I,..1~ ),'0 ~11 h ~1~ ~ ~l~.~ ~. .) ,
Deputy Sheriff of Lincoln County, '"~'{~'"'o~V-y~m n~ t'h-'is~' !_-.-.~--~ day of
~0~4/ ,2005.
~ Witness my hand and official seal.
My Commission Expires:
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ODOg BSO
,-00! 0
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Brown, Drew & Massey,
LLP, who are the attorneys representing the Mortgagee in a procedure to
foreclose a certain real estate mortgage dated October 1, 2004 (the "Mort,qage"),
and recorded on October 5, 2004 as/in Book 569PR at Page 202-A and
rerecorded in the records of the office of the County Clerk and ex-officio Register
of Deeds in and for Lincoln County, State of Wyoming, wherein Carolyn E.
Pearson and Jeff E. Pearson, as tenants by the entirety ("Mortgagor(s)"), the
named mortgagor(s), and Mortgage Electronic Registration Systems, Inc. is the
named mortgagee; by advertisement and sale as provided under the provisions
of Wyo. Stat. §§ 34-4-101, et seq. (2003). The Mortgage was foreclosed by
reason of default having occurred under the terms of the note secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows, and that a copy of the published Foreclosure Sale Notice was mailed,
certified mail, return receipt requested, to all parties as required by Wyoming
statutes, before the notice was published, as follows:
CERTIFIED MAIL NO. NOI: 7005 0390 0006 2015 9533
CERTIFIED MAIL NO. FSN: 7004 2890 0003 9267 6467
Carolyn E. Pearson
240 B Street
Bedford, WY 83112
CERTIFIED MAIL NO. NOI: 7005 0390 0006 2015 9588
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267 6511
Carolyn E. Pearson
P.O. Box 4176
Bedford, WY 83112-0176
CERTIFIED MAIL NO. NOI: 7005 0390 0006 2015 9632
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267 6528
Dale W. Pearson
240 B Street
Bedford, WY 83112
CERTIFIED MAIL NO. NOh 7005 0390 0006 2015 9540
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267 6474
Jeff E. Pearson
240 B Street
Bedford, WY 83112
CERTIFIED MAIL NO. 1'401:7005 0390 0006 2015 9571
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267 6504
Jeff E. Pearson
P.O. Box 4176
Bedford, WY 83112-0176
CERTIFIED MAIL NO. NOI: 7005 0390 0006 2015 9557
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267
Occupant
240 B Street
Bedford, WY 83112
CERTIFIED MAIL NO. NOI: 7005 0390 0006 2015 9649
CERTIFIED MAIL NO. FSN:7004 2890 0003 9267 6535
Dale W. Pearson
P.O. Box 4176
Bedford, WY 83112-0176
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Pearson 21309-1741 [05-06498]
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3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 1, 2005 and the date of the first publication of the notice
of foreclosure sale was June 16, 2005.
FURTHER AFFIANT SAYETH NAUGHT.
By:
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Rippley this
:bscribed in my presence and sworn to before me by P. Jaye
day of ~-'~~ ,2005.
Witness my hand and official seal.
My Commission Expires:
BARBARA A. RASMU~BEN-NOTAR¥ PUBLIC
County of '~'~,r¢.:':.~ State of
Na'trona (:~¢~i' Wyomln9
My Commission Expire~ January 23, 2008
,{,,Iota ry Public '
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.,.00.t92
EXHIBIT B
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
[ MYCOMMISSION EXPIRES 1/31/09
!iWHE~,~; defauit'in ttie:pa~'~nt of ~dncipal aha interest ha~ 0cCu~ed
n~er the. te~ o~ a pro~s~ow~q~e~(th~... Note ) dated October 1, 2004
e~eCuted~and delivered.~y~.~bly~.~ P~son ~d 1eft E. Person, as tenants
b~~ the entirety ("Mortgag~)?):'t6(Mo~gage EleCtronic Regis~ation Sys-
tems; Inc., and. a real,estat6'~bRga~e (the "MoNgage' ) of the sine date Se-
curing.the 'Not~, ~hich:':Mortg'hge.'~as executed and delivered by said
Mo~gago;(s); t0 said M0~ghgee;' hnO which Mo~gage was recorded on Oc-
tober 5, 2004, in/as Book 569PR at Page 202'-A~ and ~erecorded on October
14, 2004~ i~a~'B0ok 570PR at'.Pagb~'~ 60 ~o add the complete A~justable Rate
~der in~ th~ r~drds of the '0ffi'~b~e:Coun¢, Clerk ~d ex-offici,,Re~iste~
of Deed~ in ah~ for Lincoln ~'6~;{~.s~at~f~d~h~: an~,'-.'-' ;"" ~' ~' '
.WHE~AS, the Mo~gage contmns a po~',o[:sale which' by'reason of
said default the owner of the N6ia'~n~ the Mo~gage declares, to have become
operative, and no suit or proceeding'has been instituted at law to recover ~e
debt secUred:by the M0'~g~g~;":0~. ahy paa thereof ~or. has any such suit or
prOceedin~ been instituted'and the ~ame discontinued; and
:.WHE~AS, written notice of intent to foreclose the Mortgage by adver-
tisement and sale has been se~ed upon the record owner and the p~y in
possession 0f the mongsged presses at least ten (10) days prior to the com-
mencement of this publication, and the amount due upon the Mo~gage on the
date of f~St publicatioh of t~s notice 0f sale being the total sum of $201,327.49
whick sum consists of the unpaid principal balance of $187,786.59 plus'in-
terest accrued .to the date of the first publication of this not~ce in .the.~mount
of $7,910.98, plus late charges in ~e amount of $303.20, plus an. escrow
advice in the amount of $24 I. 13, plus o~er outstanding ch~ges in ~e amount:,
of $5 085 59, plus attorneys' fees costs expended, and accruing intemg~an~
late charges after the date of f~st publication of this notice of sale ' ;". ' - ''~
~HE~AS ~e propeay being foreclosed upon may be subject to other:
liens' and encumbrances that will not be extinguished at the Sale.. Any pro-
spective purchaser should research the status of title before submitting a bid;.
NOW, T~FO~ Moagage Electronic Regis~ation Systemk, Inc., as
the owner of.the Note and the Moagage, will have the Mo~gage foreclosed:
as by law provided by causing the moagaged property to be sold at public
vendue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyo~ng
to the highest bidder for cash at 10:00 o'clock in the forenoon on July 12.
2005 at ~e,front door of the Lincoln Counff Cou~house in Kemmerer, Lin-
coln County, Wyoming, for application on the above-described amounts se-
cured by.the Moagage, said mo~gaged prope~y being described as follows,
to-wit:
Lot 3 of Block 6 of the Bedford Townsite, Lincoln County, Wyoming as
described on the officiaLplat ~ereof.
LESS AND EXCEPT the land contained in Quit Claim Deed recorded
August 2, 2001 in Book 469PR on Page .905 of the records of the Lincoln
County Clerk
with an address of
240 B S~eet, Bedford, WY 83112
Together with all improvements thereon, situate and all fixtures and appur-
tenances thereto.
',' ., . Mortgage Electronic Registration Systems, Inc.
By: R Jaye ~ppley
-' Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
' Casper, Wyo~ng 82601
Publish: June 16, 23, 30, July 7,2005. '. 0616E
Kemmerer W~roming
STATE OF WYOMING
) SS.
County of Lincoln
I, Michael Jensen, do solemnly swear that
I am the publisher of the Kemmerer
Gazette, a weekly paper of general
circulation, published once a week at
Kemmerer, Lincoln County, Wyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper for~r2-&A-insertions, the
first publication having been made on the
/~¢,-PJ- day of
A.D., 20 O %-, and the last publication on
the '7
__day of O) ~
A.D., 20 C)X'-; that said notice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said notice was published in the
newspaper proper, and not in a
supplement.
Mi~Lel Jen~n, Publisher
Subscribed in my presence and sworn to
beforle. ~)e on this /L¢/~ day_ of
///./~e_/, A.D., 20
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0 0 9S0 _ 0 019 3
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of the law firm of Brown, Drew &
Massey, LLP, who are the attorneys representing the Mortgagee in a procedure
to foreclose a certain real estate mortgage.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $650.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT.
U p~. Jaye I~p~leO
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
this
My Commission Expires:
County of ,.*Y'.~i~'?,, State of
Natrona r~i~'-'-' i;i~:i: Wvomino
Subscribed in my presence and sworn to before me by P. Jaye Rippley
~ day of ~j¢~ , 2005.
Witness my hand and official seal.
/Ix~{-ary Public - -
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