HomeMy WebLinkAbout912508
~
8~
fa.
t:..~ f3
t=':J
·é~ Co.)
~~~
.;: ~~:; 8
f -- ~
.i; ~ if
J~I
HI ~
iê ð.í ,ø
e...B~
l
UUoa57
CE,RTIFI,CATE 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 el8cted 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 ov~urred under the terms of (a) that
certain promissory note dated August 13, 2004, executed and delivered by David
Mendenhall and Tauna Mendenhall, husbanct and wife to Long Beach Mortgage
Company and (b) ~hat certain ,mortgage datee! August 13, 2004 (the "Mortqaqe"),
~ securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on August 18, 2004, as/in
Book 565 PR Page 213, 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:
,~\
Part of Lot 1 of Block 26 to the Town of Afton, Lincoln
Coun~y, Wyoming being more particularly described
as follows:
BE:giniling at a point which is ~he Northwest Corner of
Lot 1 of Block 26 to the Town of Afton,
thence South 20 rods;
thence East 9 rods;
thence North 20 rods;
thence West 9 rods to the point of beginning
with an address of
3136 E. 5th Ave., Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2004-6
Assignment dated: April 15, 2005
Assignment recorded: April 22, 2005
Assignment recording information: Book 583 at Page 633
Assignment recorded:
Assignment recording information:
All in the records of the County Clerk and ex-ufficio Register of Deeds in and for
Lincoln County, Wyoming.
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, Deu!sche Bank National Trust
Company, as Trustee for Long Beach Mortgage LoanTrust 2004-6 ("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
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 1 of 7
RECEIVED 10/5/2005 at 10:54 AM
RECEIVING # 912508
BOOK: 600 PAGE: 357
JEANNE WAGNER
'G!T~Y:':>::--;1 ,;1
¡i:¡¡i:U\:;,,:',,_INCOLN COUNTY CLERK, KEMME!(
¡~~~ilm~[]j
i,
f)OOa58
09í2508
record owner and the party III possession 07 said real property at least ten (10)
days prior to commencement of the first puì:Jlication of the foreclosure sale notice,
as shown by thø 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 wit,h the September 8, 2005 issue of
said newspaper and ending with the September 29, 2005 issue thereof; that said
notice was mailed, certified mail, retur:ì 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 pubHshed, did comply În all respects with the requirements of the
statutes relating to foreclosures of mortgages by advertisement and sale; and
that a copy of said notice and the publisher's affidavit of publication thereof are
attached hereto as Exhibit 8 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-wH: On October 4, 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 WyomirD, 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 callino for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
$148,900.59 ("Bid Sum"), which was bid and offered by Deutsche Bank National
Trust Company. as Trustee for Lonq Beach Mortqaqe Loan Trust 2004-6
("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 comþleted as by law provided.
7. That the sum of $500"00 is to be paid to Brown, Drew and
Massey, LLP, thl3 attorneys for MOligagee 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 B¡dder 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 October 4, 2005, the date of the sale,
unless the property shall have been rednemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this 4th day
of October , 2005.
By:~>_
(
Print Name: Jerry Glasscock
Title:
Deputy Sheriff
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 2 of 7
O~1:t:~S08
.:00359
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by jof'rrl-( _ ~/().SS" Co ~ _;(
Deputy Sheriff of Lincoln "County, State of Wyoming, this ,~ day of
evlõ .b~ , 2005.
Witness my hand and official seal.
"""'-" r J1LIr..tI.ILIhI- .....,..""""
..JNICA PfØfIf.~y PUBLIC ,
,,)UNTY 011 . ITATE OF ~
LINCOLN wYotv',iNG ,
My ~. 1* T ..ß1f llury IS, 2008 ~
-..:''''~.U1Tr ~~iJI-"'J'~j
~/Jv
Notary Public
!i1¡Ji:J
My Commission Expires: f~ /3;;?co.r
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 3 of 7
ffilliilim~ŒWij
~!mmmlli~~rø~~l~
,'i' I
J: ~.I..:.8
''\ G~ r'·r-08
U,,-",~ij;"~
()00360
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING ) ,
) SS.
COUNTY OF NATRONA )
P..Jaýe 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 August 13, 2004 (the "Mortqaqe"),
and recorded on August 18, 2004 as/in Book 565 PR Page 213 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 David Mendenhall and Tauna Mendenhall,
husband and wife ("Mortgagbr(sn, the named mortgagor(s), and Long Beach
Mortgage Company is the named mortgagee, which Mortgage was assigned for
value as follows:
Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2004-6
Assignment dated: April 15, 2005
Assignment recorded: April 22, 2005
Assignment recording information: Book 583 at Page 633
All in the records of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, Wyoming; 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 t !pon the record owner and the person
in possession by certified mail, return receípt 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: 7004 1350000388639902
CERTIFIED MAIL NO, FSN: 7004 1350 0003 8864 1158
David Mendenhall
366 E. 5th Ave.
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 7004 1350000388639919
CERTIFIED MAIL NO, FSN: 70041350000388641165
Tauna Mendenhall
36ß E. 5th Ave.
Afton, WY 83110
CERTIFIED MAIL NO. NOt 7004 1350 0003 8863 9940
CERTIFIED MAIL NO. FSN: 7004 135000038864 1196
David Mendenhall
P.O. Box 126
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 7004 1350000388639926
CERTIFIED MAIL NO. FSN: 7004 1350 0003 8864 1172
Occupant
366 E. 5th Ave.
Afton, WY 83110
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 4 of 7
~; 00361
o~~~~~g~O. NOr 70041350000388639957
CERTIFIED MAIL NO. FSN: 7004 1350 0003 88641202
Tauna Mendenhall
P.O. Box 126
Afton, WY 83 ~ 1 0
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 25,' 2005 and the date of the first publication of the
notice of foreclosure sale was September 8, 2005.
FÞjRTHER AFFIANT SA YETH NAUGHT.
P. aye Rip e
of Brown, Drew & Massey, l P
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~;jence and sworn to before me by P. Jaye
Rippley this ~ clay of ( , 2005.
Witness my hand and official seE'i.
(l /~.(2ry~HLw4'.MJ
~ Public ,
My Commission Expires:
¡
BARBARA A. RASMUS,SEN-~¡OTARY PUBLIC
County of ¡/ 'J"~:, Sta~e of
Natrona tf,f Wyoming
My Commission Expire." Jenuary 23, 2008
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 5 of 7
[mijlli~ili~~;fmrI:
:::[mmm~ji~[
{'¡¡<:''''l "'> r-'o 8
-':.,J J ....:.·L-,t...~"'"" Q
EXHIBIT 8
KEMMERER GAZEi'TE
'~00362
Kemmerer W aIDing
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
.... _II
ROXANNE RUDY· NOTARY PUBUC
toumYcr: 81Ä1! OF
UNr.OLH WYOMING
MVCOMMlSSION EXPIRES 1131109
..
STATE OF WYOMING
) ss.
County of Lincoln
FORECLOSURE-SA.LENOTICEf(;,;,- ...... ", ".
~ .';' ,,' >,:-,'; :':',:::, .-, "~: _ - :: -: ,<_::,>,rf'r~:'; :_.:, -":' , . :_: ~' :,"', ~J::·,t,r: ~ ""<:,": ;..' ;:.' ';<: i, <,' ~; , _: . .'/' .",
.... WHEIlliASdefa\¡lrin thepaYI?eµtofprinçipal;,JlndiIlte . 'as"()Çècuned
~i:~~ti~~~tíei¿JiW~~gd~Wh~~~illo~~~Ûh~' 'd;6UÌ1~~a1~"
band and wife ,("Mortgagor(s)") to Long Beach N1ortga~e Co~pany, anel a
real estate JIlortgage (the "Mortgage") of the Same datesecunng the Note,
which Mortgage was executed and. delivered by said 'Mortgagor(s),to, sai,~
Mortgagee, and which Mortgage, was recorded on August 18, 20_04~ lo/as
,i,'i~PRk? . age 213-~tj¡~~~coF f.~Þ.~ 9ftJ.9~W:>ft, 1)'f;'W'~;t?~¥~n~
'Si:t,:i\,fO . ster of " . . d .1TIC . .' ...yoqru¡g.
;~::~~d ....
'~'1(~~?w,~åµý;:;as::TriisJee for hd~~)
\:~.:~~;~.
;'1
~.' .
i;~~~~):~~, .
r, "~
Pµblish: ~e.F!:'E~:r_8.}S, 22'4~j9?Š-L~,~; .
47942.doc
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 ~nsertions, the
first publication having been made on the
~-tJ.. day of ~~
A.D., 2oDcs- , and the last publication on
the2C;-n.- day of ~.~ ~
A.D., 20_QS_; 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 ublished in the
newspaper proper, and not In a
supplement.
~~sen'PUbliSher
Subscribed in my presence and sworn to
before me on
lJ(k{~
5~
this __....:._ day of
A.D., 20--«2£
~~IbcL¡
",j¡
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 6 of 7
/
~:00363
oG ····s::::o~~·
Q9,;L/';....¡j a·
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS.
COUNTY OF NA TRONA )
. '
P. Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she ;s 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 $500.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. That the aboVe-mentioned fee for services rendered and
incurred in conm:ction with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, betw8t:!rJ 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 SA YETH NAUGHT.
BY:Y~r'
. . .' P. aye Ripp
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234,.1000
SUbscribe~~esence and Sworn to before me by P. Jaye Rippley
this ~ day of ) .' 2005.
Witness my hand a d official seal.
My
iss¡g~x-:A;i- :P. .
BARBARA A. RASM\1:;t' atfj'õ'f1. -( PUBLIC
County of . '''. State of
Nab'ona , 7 Wyoming
My Commission Exp:rr.:i January 23, 2008
47942.doc
Certificate of Sale
Mendenhall 21309-1681 [05-04162]
Page 7 of 7
m~lli~~mmm~