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HomeMy WebLinkAbout911820SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE 653 This Sheriffs Certificate of Sale is made by Shawn !ghitmore Deputy Sheriff of Lincoln County, State of Wyoming, to Patrick Key , as purchaser of the property described below at the foreclosure sale on 13~ day of September, 2005. Default having occurred in the terms and conditions of the mortgage given by Joseph L. Cox, a single person, mortgagor, in favor of First National Bank - West (Afton Branch), mortgagee, dated November 9, 2004, recorded November 9, 2004, in Book 572 beginning at Page 129 as Instrument Number 904464, in the Office of the Clerk of Lincoln County, Wyoming, given to secure payment of a note in the original amount of $73,500.00. Said note and mortgage were assigned to the Wyoming Community Development Authority by assignment dated November 8, 2004, and recorded November 15, 2004 in Book 572 at page 586 as Instrument Number 904596 in the Office of the Clerk of Lincoln County Wyoming, and rerecorded on July 21, 2005 in Book 591, page 851 in the Office of the Clerk of Lincoln County, Wyoming to correct the acknowledgement date, and a foreclosure sale having taken place on 13~ day of September, 2005, on the following described real property: PART OF LOT 4 OF BLOCK 3 OF LINCOLN HEIGHTS 3~' SUBDIVISION TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4 AND THENCE N 90000, 00" W, ALONG THE LOT LINE BETWEEN LOT 4 AND LOT 5 OF SAID BLOCK 3, 48.76 FEET; THENCE S 75° 06'54'E, 47.74 FEET TO THE ANGLE POINT ON THE REAR LOT LINE OF SAID LOT 4; THENCE N 12© 03'30" E. 12.52 FEET TO THE.POINT OF BEGINNING. ALSO ALL OF LOT 5 OF BLOCK 3 OF LINCOLN HEIGHTS'3m SUBDIVISION TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING. LESS AND EXCEPT THE LAND CONTAINED IN WARRANTY DEED RECORDED JANUARY 7, 1980 IN BOOK 162PR ON PAGE 661 OF THE RECORDS OF THE LINCOLN COUNTy CLERK. All prerequisites to foreclosure having been met, election was made to foreclose, pursuant to W.S. ' 34-4-101, et seq., and notice of the foreclosure sale was duly advertised and given pursuant to a copy of the legal publication attached hereto, and the sale was then held at the date and place provided and the property was sold to p~rr~ o~ gey , the highest bidder at the sale, for the sum of $59,600.00 By virtue of the sale and the purchaser's payment, under the authority of law, I hereby give and grant this Sheriff's Certificate of Sale to Parr:lek Key as Ptirchaser, which will be entitled to a Sheriffs Deed for the property at the expiratiqn of the period of redemption, unless the property is redeemed prior to that date as provided by law. Upon the expiration of the period of redemption, a Sheriff's Deed will be executed, conveying the property to the Patr:Ick Key - ', or it~older of this Sheriffs Certificate of Sale. Dated this 13thday of September, 2005. Deputy Sheriff Lincoln Cm]ntv. Wvomin~ RECEIVED 9/13/2005 at 4:33 PM STATE OF WYOMING ) RECEIVING # 911820 )SS BOOK: 597 PAGE: 653 COUNTY OF LINCOLN ) JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY The above and foregoing SHERIFF'S CERTIFICATE(3F'S~IJE-UPOlq I~*ORECLOSURE was acr, nowicugc~, before me this 13th day of September, 2005,by Shawn lgM_traore N'btary Public ~/ r/ .......... :: _-:: :_-:--- ' -- ~ ~ ~- - -I~e~d[[~e~c-hler- Notary Public~l~ I ¢0unty0f~ Stateof ~ / / My Commission Expires: ~, i ;:: :ii AFFIDAVIT STATE OF WYOMING ) ) ss COUNTY OF NATRONA ) · 0C654 I, Danette Baldacci, as attorney for the Wyoming Community Development Authority, being first duly sworn, do hereby state the following is true and correct to the best of my knowledge: 1. On July 19, 2005, a written TEN DAY NOT~CE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE was mailed, in the matter of the foreclosure of the mortgage given by john Patrick and Mary Christine Kailey mortgagors, further identified in the attached paperwork, to each record owner and occupant at his or her last known address, and by certified mail, return receipt requested, to each record owner and lien holder, if any, at their last known addresses, all of which were sent in separate envelopes by U.S. Mail, postage prepaid, addressed as follows: Joseph L. Cox 1124 4th West Avenue Kemmerer, WY 83101 #70042510000308577397 Occupant 1124 4t~ West Avenue Kemmerer, WY 83101 #70042510000308577403 Said TEN DAY NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE was mailed at least ten (10) days before the commencement of publication of the Notice of Sale 2. On August 5, 2005, a Notice of Foreclosure Sale was mailed to each record owner and occupant at his or her last known address, and by certified mail, return receipt requested, to each record owner and lien holder, if any, at their last known addresses, all of which were sent in separate envelopes by U.S. Mail, postage prepaid, addressed as follows: Joseph L. Cox 1124 4th West Avenue Kemmerer, WY 83101 #70042510000308577397 Occupant 1124 4th West Avenue Kemmerer, WY 83101 #70042510000308577403 Said Notice of Foreclosure sale began publication on August 11, 2005. Dated this __ day of September, 2005. Danette Baldacci, Attorney 123 South Durbin Casper, WY 82601 307-266-1824 STATE OF WYOMING ) ) ss ) COUNTY OF NATRONA Subscribed and sworn before me this %day of September, 2005, by Danette Baldacci. No'~ary Pub(~ ' My Commission expires: KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming .......... ': "~TICE'OF m~C£6SUm~ Default having occurred and all prerequisites to foreclosure havingbeen inet~i.n~tiCe i~~ hereby, gi¥~n'that thd~0rtgffg¢ ekefiuted by JosePh}L:', Cox, a Single person, mortgagor, in fro/or of F~r~t,Ndtitma[ Bank - West (Alton Branch), mortgagee, dated NovemBer 9,2004, recorded November 9,2004, in Book 572 beginning at Page 129 as Ins~iheti~ NumBer 904464, in the OffiCe of.the Clerk of Lincoln Couflty, Wy0ming, given' to secure payment of a note in the Original amount of $73 ,500.00. Said note and mortgage were assigned to the ~¢yoming communlty Dex,e. lopment Authority by assign- ment dated No~ember 8,2004, and recbrd~3 'l~lov~inber 15, 2i)04'in B~ok 572 at Page 586 as Instrument Number 904596 'in 'the Office of the Clerk of L~ncoln County Wyonung, and rerecorded 0n4uly~2I, 2005 in Book 591; page 851 in" th& Office of the Clerk.of Lindoln County, Wyonfing to correct the acknowledgement date: ,The amoun.t/pgst due.on the first date :of this Notice is Three,Thousand, Four Hundred Eighty. Dollars and Two Cents ($3,480.02) plus accruing interest, fees and costs, and the total amount due as of the same,date ~s Seventy Five Thousand, E~ght Hundred Ninety Five Dollars ariel S6vent~, Tw~ Cents ($75,895'.~2)i' Satd:mdrtgage'cbntains a poWer bf sale which by reason of default the owner of the Noteiand Mort- gage declares to have become Operative~ find no suit or proceeding llas been .'instituted at law to recover the debt secured by the mortgage or any pan thereof, nor has any such snit or proceeding be'en instituted and the same discontinued. Written notice, of intent to foreclose' the Mortgage by adver- tisement and sale has beefi Served upo~ the: f6cor~ owner and 'the party, in possession Of the mortgaged premises at least ten days prior to the com- mencement of this publf6~tiofi. The propk~tp being foreblosed dpon ma) be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should'research the status of title before submitting 'a bid. i Theref~re,.said mortgage:will be foreclosed by sale of the real property described as: ....... - . Part of Lot 4 of .block 3 of Lin~01n Heig~i~'3a"~ubdivi':sion'to the City of Kemmerer'LinCoin ~ounty,W~orrdng b~ing mo~e'pani~iarly desCriBe~l as follows: aton, m~NO~ ~nm ~om~w.~,si com~a~ oF s/tm Lot 4 x~rr~ ~mmc~ N 90o00'00" W; ~mo~qa ~mgor ~n,m imTW~V~ ~ ~ am> L~r:5 oF SAm B~OC~: 3,48 .76 Tm~sc£ S 75o06'54''E, 47.74 feet to the angle poin[on ther.ear lot line of said Lot 4; thence N 12°03'30': E 12_52 feet to the Point of Beg'..m~.~ing. ALSO ^lrof Lot'5 of Blbck 3 6~Lincoln Heights 3~ Subdivision to the CiCj of Kemmerer, L~coIn C!bunty',Wyo~g. -': ' ' ~.' '" ' , LESS AND EXCEPT'the land contained in Wammty Deed recoi:ded January'7, 1980 in Book 162PR on page661 of the records of the Lincoln County Clerk: ' "th bb'sold b~;publib aficfi6n by the Sheriff tb the'highe'~t'bidderTTbi?~'hsh, at 10:00 asn. on September 13,2005 at the front steps of the Lincoln County Courthouse,: 925 :..shge %vegue;: Ken'~, er~r,'Wyoming',/fhe sale~vill tak~ ~ place 0nly ifa r~presentative of,the:Wy6~ing corq~un~t~;'D~vel0pment Authority, or its agent, is present. > ~ Wyoming Community Development Authority By Danette Baldacci Beech Street Law Office 123 South Durbin, Casper, WY 82601 Publish: Au[lust I;~005 September t, 2005 081 Kemmerer W~oming STATB OF WYOMING ) SS. County of Lincoln I, Michael Jensen, do solemnly swear tha~ 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 newspaper for/d~dt/~insertions, the said first publication having been made on the day of /E~Lr¢ ~_f A.D., 20 ~, and the last publication on the /5~ ~ day of .~~.~ A.D., 20 ¢5~; 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 newspaper proper, supplement. published in the and not in a Mich~a~l~nsen, Publisher Subscribed in my presence and sworn to before me on this ~/Td day of ,J~._z'W~9,,~ ~.-~'"' A.D., 20 STATE OF WYOMING ) )ss COUNTY OF NATRONA ) AFFIDAVIT I, Danette Baldacci, as attorney for the Wyoming Community Development Authority, in the matter of the foreclosure of the mortgage given by Joseph L. Cox, Mortgagor as further identified in the attached paperwork, being first duly sworn, do depose and say there is no agreement, express or implied, between myself and my client, nor between myself and any other person, for any sharing or division of the attorney's fee to be added to the debt involved, and said fee shall be only as compensation for services actually rendered in the foreclosure proceeding. I am admitted to practice as an attorney in Wyoming, and ! reside therein. The actual fees and costs incurred in this foreclosure are as follows: Attorney's Fee - Foreclosure proceedings $600.00 Costs Statutory Costs Publication Sheriff's fee Filing fee Title Company Fee $ 24.34 $ 357.00 $ ~o.oo $ 2o.oo $ 50.00 TOTAL FEES AND COSTS $1,061.34 These amounts are in addition to the monies owed for the repayment of the note and mortgage. DATED this I ~'lv~ day of September, 2005. Danette Baldacci, Attorney Subscribed and sworn to before me this/7 ~q~day of September, 2005, by Danette Baldacci. My Commission Expires: