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HomeMy WebLinkAbout912657 4~~ --.:ïj ¡:]".,. a d t{tt ~ Otjr:: ~ 0 ]U º?; .~ ;g g ........ q t.::_ .!2 ~ ~),,, i:l Q) er, ~ ~. (j), ;.> ... .PIh ~~ ~8 .ri1 ~ ~ ~.~."" '( '.. .1,7" ".. 4 <;,., 1-1 STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) .'~', I ' -~;~~ ¡::;:!¡:¡:¡~¡~:¡:n:¡ n . . /~ CL~J?··-:·,;-ç :,~ kEe~)\tED 10/11/2005 at4:29PM -J'"n:;' RECEIVING # 912657 BOOK: 600 PAGE: 734 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. wY CERTIFICATE OF SALE I, Lee Gardner, Sheriff of Lincoln County, State of Wyoming, do hereby certify as follows: 1. That pursuant to the Notice of Sale published in The Little Chicago, a public sale was held by me on October 11, 2005 at 10:00 a.m., at the front steps of the Lincoln County Courthouse in the City of Kemmerer, Wyoming. 2. That Matrix Capital Bank. bid for the premises described in said Notice of Sale the sum of EIGHTY TWO THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($82,500.00) which was the highest and best bid therefore. 3. That said Matrix Capital Bank., as purchaser, will be entitled to a deed for said lands and premises at the expiration of four (4) months from the date of said sale unless same shall have been redeemed prior to that date as provided by law. The lands and premises so sold are situated in the County of Lincoln, State of Wyoming, and are described as follows: Parcel 191 of the Town of Diamondville, Lincoln County, Wyoming, as described on Plat No.6 of the records of Lincoln County Clerk, commonly known by street and number as 310 Highway 30 North, Diamondville, Wyoming 83116 2005. DATED at Kemmerer, Lincoln County, Wyoming this -..l.Ulday of STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) . acknowled~ed~f.r The above and foregomg CERTIFICATE OF SALE was subscnbecrand sworn to before me by ~.Gar.dne¡:, Sheriff of Lincoln County, Wyoming personally known to me, on the II th day of Jerry Glasscock, deputy October 2005. . - WITNESS my hand and official seal. ~)¡;. Notary Public My commission expires: 3~ 14~O(7 April Brunski - Notary Public County Gf llnco!n State of Wyoming :~r I q-D íJ My Commission Expires i~¡ml~~;*~11mr. ÜS·t\~::657 (~ 0 0 7 .:? 5 STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) AFFIDAVIT OF PUBLICATION Gregory L. Williams, being of lawful age and having been first duly sworn according to law, on oath deposes and states: 1. That I am one of the attorneys for Matrix Capital Bank, 700 17th Street, Suite 200, Denver, CO 80202 in its foreclosure against that certain real property located in Kemmerer, Lincoln County, Wyoming and more particularly described as follows: Parcel 191 of the Town of Diamondville, Lincoln County, Wyoming, as described on Plat No.6 of the records of Lincoln County Clerk, commonly known by street and number as 2. That Notice of Foreclosure Sale for the aforesaid real property was published as required by law in the Little Chicago, 1300 Central Avenue, Kemmerer, Wyoming, on September 14,2005, September 21,2005, September 28,2005, October 4,2005, as evidenced by the Publisher's Affidavits attached hereto and incorporated herein by reference (Exhibit A). 3. That said publication of Notice of Foreclosure Sale was done in compliance with W.S. § 34-4-104. FURTHER AFFIANT SA YETH NAUGHT. ~~Å:£D~ Gregory L. Wirfutlm STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The above and foregoing Affidavit of Publi~n was subscribed and sworn to before me by Gregory L. Williams, on the~ day of (fÎAf-;(;;..A ,2005. Witness my hand and official seal. My commission expires: ~iflTG,. :~~:::?:~~~:!:;~~~ ¡'Nj;t!.,lt'j. ::,::.','~~. ::<:",',:';':-:':1:" "å <.c.: "~"!h,;::;; ¡.Æ; (!I0~'-<' u.~ .. '-. n (1 7 ". 6 .' . f U .-l 'IT'~ "'Tí" ..·1' . f?'i~" . ... .." I D . " .~ It1,e: i1Llltt ,e;: \l¿1W;lc.ag~) R.eV"le.W· Proof' ([)f"Pub lìcation ' . .'" ,~... ,~.,' ..··L .,_,c,' .', "., ..' ,.,' "'v' .., ., ~. "".1 ',' .... "','" ".... THE STATE OF WYOMING ) )ss. County of Lincoln ) Charles E. Young first duly sworn deposes and says that he is editor of THE "LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at Kemmerer, Lincoln County, in the State of Wyoming. That the notice, a true c~eto attached, was published on the ¡¿¡d day of ,20 OS and was publIshed In each succeeding week unti~e .;;,?¡{ day of {f2¿{-tJ-.kuJ ,20 tJS, being a period of successive weeks. That said pa . publ' ed ..:;0tse}~:r~¡?J1 Wednesday of each week. :'/:~;' ("~¥::~·,~#!;;''J,,:::¡r./I,Jj/,,,/~·fl " , ,/. :;''5::1,',) tJ pO fA' ,; ~i,- .t (~~~:,¡~,~<,:":':1' :··'·;;·~'l'··:;·.t,;)y~:~,.,;t~ t ~-:'I ,;",,,~,:I'(\ () 'f.\:;f..(.:'.;' " .if~t' i"": p..." ..,p.~. .·".....'.·.1 \......'...........,',...,....'. ... ......... ""." .: -' ". ,,":',':";', ;':';~';~,., .,o-t- .';;fS1tlb?triÞè!ät;arid sworn to before me, this " "ì,{18 I"\V: . ;'>?;!R9J:~\)!&··t'".· " day 0 @~ ,20 6)5 f&~ r Olga J. Shimmin . Nötary Public, Lincoln County, Wyoming .Mv Commission Py",irp<' T"n..",",' 'HI ')()()¡';. -', ,"'N ., AMENDED NOTICE OF FORECLOSURE SALE ..' Default having occufred0J1'th'at certain mortgage ("Mortgage"f given by Sublette Electric, Inc. (:'Mortgagor~"), to ,f\rn.erican Investm.e.nrfinapcial; à, Utat¡jndµ~Jrial.loan corporation, to seCUre the payment of a promissory Note m the. ...ô~gìn~tRØ.Pcipal"âm9-I}~Jt?Ò,OOÖ datefl~~~g,lI~t '2,1; 1999, which mo~~~ge encumbers the following-described real >g;~!~e Y:-;~'~;:t:0:};"'*i ,·';~1'~ltß.. v.>_: > . , . . pªrçel I9I9fjl1~.:I:<~Ý'n of DiåmoQ<iv.ilIe,· Lincoln Coul)t¥,Wyol11ing, as described on' Plat Nó..6 of the records of Lmcpln County CJ~rlS;.çolTlmonly ¡¿nown by street and number as Also known as: 310 Highway 30 North, Diamondville, Wyoming 83Íl6 . . .... . ",">,.c,.:,¡.," -c. ',..' ',' "-"'::{" >".~.! -'j~"~'l -, which Mortgage wa~ duly recçrded SeptemberiO, '19!}9,i~B;ook 435 at page 631 In the Office of the County perk and Ex Officio Registér of Deeds for Lincoln, Wyoming. The :Assignment of Beneficial Interest under said M0t1.gàge to Current Mortgagee, Matrix Capital Bank was made September30,2003, and recorded January 9, 2004, in Book 545 at page 827 in,theOftïce.ofthe.County<Clerk..and,Ex.Officio,Register of Deeds for Lincoln, Wyoming.\;. ··:i' ' THÈ NQTESÊC:UREþBYTHIS MORTGAGE IS ALSO SECURED BY A DEED OF TRUST AGAINST",CER, ~INREAL PROPERTY OWNED BYSUBLEITE ELECTRIC, INC. KNOWN AS'THE EASTERLY PORTION OF LOT 20, KEMMERER !NDUSTRI¡\L PARK NO. I, LlNCOLNCOUNTY. WYOMING. WHICH MORTGAGE IS BEING FORECLOSED ßV SEPARATE PROCEEDINGS'INLlNCOLN COUNTY, WYOMIN.G. -. . ,-.' ;',':"," ""'f.,'···f ",' '_'.... DeraJ ( hasoè£un:~¿(@y reasOn of the failure of the Mortgagors to pay the principal, interest and other charges due thereonurlder the terms of théMortgage and Promisspry Note; acceleration of tht; debt to secured by the Mortgage has been deçlare<;l. and the entire remaining balance of the debt is now due and payable. No lawsuit has been filed to col- lect th7 debt secured by t~e Mortgage or any part thereof. Notice is herebygiÝen thiH the Mortgage will be foreclosed and the above-described real property encumbered by the Mortgage will be offered for sale and sold by the Sheriff of Lincoln County to the highest and best bidder for cash atthe hour of IQ:OOa.ín. on Ç)çtober 11, 2005, at public auction. The Joreclosure sale will be held at the front steps of the Lincoln CountY Courthouse, Kemmerer, Wyoming; the amount due and owing as of August 24, 2005 is $173,902.83; unpaid principal and int¡:rest. In åddition, the Mortgage constitutes security for accruing interests, unpaid taxes to the date of sale, attorTlI~ys' fees, costs and eXpenses of the foreclosure action. Dated th.is 6th day of SePtemp~r 2005. BLOCK MARKUS'& WILPAMS LLC By: . Gregory L. Williams 1700 Lincoln Street, Suite 4000 Denver, C0,802Q3 . Telephone: (303) 830-0800 Facsimile: (303) 830-08Q9 Attorneys for MatrixCapital Bank .. " I,' ·'f':¡::--::.'i':,:':·. · ". 0 0 7 -) t"1 ':....." .""" ,. _ -. ""~"i' ,.-I"'j '-"'Q..... '""""'J' \_i~J '-Y' --1'-<:::- '-J.' STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) AFFIDAVIT OF ATTORNEY Gregory L. Williams, being of lawful age and having been first duly sworn according to law, on oath deposes and states: 1. That I am one of the attorneys for Matrix Capital Bank, a federal savings bank, as Assignee of American Investment Financial, an industrial loan company, 700 17th Street, Suite 200, Denver, CO 80202; 2. That Matrix Capital Bank, as Mortgagee, holds a Mortgage against real property owned by Sublette Electric, Inc., said mortgage being in default. 3. That as attorney for Matrix Capital Bank, on August 24, 2005, I arranged for service by certified and first-class mail, upon all parties in interest, a Notice of Intent to Foreclose, a copy of said Notice being attached hereto and incorporated herein by this reference. 4. That said Notice of Intent to Foreclose was sent to the said parties in interest at their last-known address as evidenced by the postal return receipt, and/or Sheriffs Affidavit, the same being attached hereto and incorporated herein by this reference. 5. That said mortgage provides that there shall be included in any or all foreclosure proceedings a reasonable attorney's fee. 6. That this affiant is admitted generally to practice law in the State of Wyoming, and that there has been no agreement, express or implied, between this affiant and any other person, for sharing or division of any fees to be allowed or added to the debt involved in this foreclosure, and that the fee when so allowed, or added to the debt, shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in this State and residing therein. 7. That Notice of Foreclosure Sale for the real property was published as required by law in The Little Chicago, on September 14, 2005, September 21, 2005, September 28, 2005, and October 4, 2005 as evidenced by the Publisher's Affidavit attached hereto and incorporated herein. 8. That neither affiant nor Matrix Capital Bank, have reason to believe that Sublette Electric, Inc. are members of the Armed Forces of the United States of America. 9. That this Affidavit is made in compliance with W.S. §§34-4-112 and 34-4-113, 1977. FURTHER AFFIANT SA YETH NAUGHT. ~~~ G~egory L. Wi . ms STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The above and foregoing ~davit of ~~ was subscribed and sworn to before me by Gregory L. Williams, on the ~ day of" ." LM...... ,2005. #~ Witness my hand and official seal.