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C00318
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 August 6, 2004, executed and delivered by
Chancy D. Guthrie, an unmarried man and Shelby L. Moomey, an unmarried
woman to Mortgage Electronic Registration Systems, Inc. and (b) that certain
mortgage dated August 6, 2004 (the "Mortqaqe"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on August 13, 2004, as/in Book 565PR at Page 32, 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:
.i
Lot 184 in Nordic Ranches Division No. 13, Lincoln
County, Wyoming as described on the official plat
thereof
with an address of
39 Gallup Circle, Etna, WY 83118
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 October 6, 2005 issue of said
newspaper and ending with the October 27, 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
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-wit: On November 1, 2005 at 10:00 o'clock in the
49759
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 1 of 7
RECEIVED 11/1/2005 at 11 :31 AM
RECEIVING # 913325
BOOK: 603 PAGE: 318
JEANNE WAGNER
f;~ ;:j:;".I.ti:j:~ ~.l.: ~
LINCOLN COUNTY CLERK, KENi!Hl;mm!;i~:i:::::R, WY
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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
$ 144,501. 00 ("Bid Sum"), which was bid and offered by
SALT RIVER HOMES, LLC
("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 $750.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee as compensation for seNices 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 November 1, 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
dayof , 2005.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
By:
Print e: ~r'(\-I b. ~lCll.&'bC.cX"'K
Title: be~pu+y Sheri9f"
49759 Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 2 of7
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ACKNOWLEDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was
acknowledged before me by
D~Zr Sheriff of Lincoln County
I ,2005.
Witness my hand and official seal.
My Commission Expires:
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49759
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 3 of 7
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 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 6, 2004 (the "Mortqaqe"),
and recorded on August 13, 2004 as/in Book 565PR at Page 32 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 Chancy D. Guthrie and Shelby L. Moomey,
an unmarried man and an unmarried woman ("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. SS 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: 70050390000160585120
CERTIFIED MAIL NO. FSN: 7004 1350000388632781
Chancy D. Guthrie
39 Gallup Circle
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 700503900001 60585168
CERTIFIED MAIL NO. FSN:7004 1350 0003 8863 2828
Chancy D. Guthrie
P.O. Box 8876
Jackson. WY 830028
CERTIFIED MAIL NO. NOI: 7005 0390 000160585182
CERTIFIED MAIL NO. FSN:7004 13500003 8863 2842
Salt River Homes, LLC
P.O. Box 3698
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 70050390000160585137
CERTIFIED MAIL NO. FSN:7004 1350000388632798
Shelby L. Moomey
39 Gallup Circle
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 70050390000160585175
CERTIFIED MAIL NO. FSN:7004 1350 0003 8863 2835
Shelby L. Moomey
P.O. Box 8876
Jackson, WY 830028
CERTIFIED MAIL NO. NOI: 700503900001 60585144
CERTIFIED MAIL NO. FSN:7004 1350 0003 8863 2804
Occupant
39 Gallup Circle
Etna, WY 83118
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 23, 2005 and the date of the first publication of the
notice of foreclosure sale was October 6, 2005.
49759
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 4 of 7
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FURTHER AFFIANT SA YETH NAUGHT.
By:
P. Jaye Ri y
of Brown, Drew & Mass ,LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
TAMMY L. DAUGHER~ - NOTARY PUBLIC
County of' State ?f
Natrona Wyoming
My CommissIon Expires 8-11-2008
Subscribed
Rippley this ~ of
My Commission Expires:
c/8 / {I !e9CO~
49759
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 5 of 7
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EXHIBIT B
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PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
ROXANNE RUDY. NOTARY PUBLIC
COUNTY OF STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES 1131109
I~Q~~&~'""'~~fi!!rg'il'J'~~ry~~_ .
"" .' .',3f. , .,"",' ',' .9it ,.'"~d ,. '. ,"'",',' ,'" ,~..!l
:,1. 09m~Yi anu" ",;~W~~m~ri\ '0: '.';; , ' ", .,.:~itgllg~e~etronig:
iRegisttatlbn,Systetfts;l:i'h2ilffiailtat ',' .,,'.' (the!~'M'8rtgJgei;Fdtl
~;~~.~~m~;4~~e.~pgytip~"th~;~q%;\,:~ ,':m~~g~..;" ,. ,"~2~t~d~I~M;~~~F~~dl
!,~x.slll~"Mp~g;,~g()r.(~~~to,~l.\~~.}1p., '.. .~:}ln~',''lY!1igl1:MW1g~g~.'Y~S t~~pr4~dl
1.?1fA.:9gl\st,~B.' 2QOt.1 W~~~,opM(j;?,f?-,:~t,f,~~~i;~~}~.tp~,WFl'l[R~Jltfhe,~f.f15~1
i!:'Pf:.~Yi~(\Wt)l, 9.~r*1II1g;~~;Pf.ti5}~' "ofDS~d.~ !~\~MPfb~c,?!~, \l1itll:
r;,~.~j~~:;rmy;~6;".. '';~;J::'~': ',"'.,' ""p()~~f~g.FJ~j~)~~~h;ff"r.~asqIl,o.ft
'tsa.l(}sIef~~~t,the'()\Vrietofth.", ,,'. ,'" ,,'a~c;l tht:-M.ort$~ge declarest?h~vebeC<)ri1i:1
1!.i9perafi~i;i.W#"~9)\!~t'9.t'~r~~~~&iiiin~~',pt:,~l1, ip$titiite,d a,t.ll!~it(rrecoWt'$e:'
!;'<!91?ti,~~9M,i,~q:.9Ylh.e,MW~~1I~e,for any'partlliercbf.,. poi ha~,.agX ~,~c~,sWtor.
:J?lO~eeglngb~~Il11l$~~~1l,te?,apQ})le same discontinued; ;1114,::,,,'; ,'..,.i >;,. ,,;.1
'\'SWIW~AS" ""ti~tennotil,e,<pfintent to foreclose the M<J,ttgage.bYl\dver-:
:tisem~1).fa~Q~al~.'M'S bee~ seq~~ upon the record owrlet,a~9, theP3lJY .i1:
,p(jssessIOn, of tht:; mortgaged preIll1.se~at least ten (I 0) d~y~.pnor t()tht: conI',
mencementoftNs publicatioIl, and theamou1)t due up(mthe MortgageJm tl~el
date of frrst publie:atioIlofth.is notiCe 9f.sal~heingthetotal sUIfl of.$16~,991.0tt:
,whiSh sum consists of the \mpaid p~ticipal balance 0($153,716.88 plus in;:
terest accrued, to the date <:Jfthe fi~st publication. of this, llQtil;;e, in tht: arnourtt'
'of $7,465.71, plus late charges in the'I\ln~JUnt of $339,52; pIlls an ~~cro~:
advancein the}lmount of$468.93,plusattonieys'fees, cos~sexpf::nd.ed, an4'
accruinginter~st and late charges after t1ieql!~e of first.p\lp!icat!on ,of thi~
notice of sale; , , , , ,,',', ,.',' " "..., ..", >,.",;",.'.,..:... .,; .'.i',"" ' :"',;" ::
. "',,. WHEREAS, the property beillg foreClosedfipon may be'subject to othen
liens and enc,umbrances tl1at will not be extinguished at the sale: . Any pro~:
spective purchasershptIldresearch the status of title bef()re supinittinga bid;'
NOW, THEREFORE M;ortgage:Ekctronic RegistratiortSystems, Inc., as:
- the owner of the Note and the' Mortgage, will have, the Mortgage foreclosed'
as by law provided by causing the mortgaged property to be sold at publif.
vendue by the Sheriff or Deputy Sheriffin al1d.f9fI,.i~col.n<;:Rumy, Wyomin~
to the highest bidder for cash at 10:00 o'c1ockin the forenoon on November
1,2005 at the front door of theLincolrtCountyCdurthbuse in Kemmerer;
Lincoln County, Wyoming, for application on the above-described amount~
secured by the Mortgage, said mortgaged prCll?erty being describep;1s fol,
lows, to-wit ,. " .', .,.. .' "" , " " " , , ' . ',;
Lot ;84 in Nordic R~chesDivisioIJN0.B, LincolnCl.>unty, Wyomill~
as descnbed on the offiCIal plat thereof ' ',' '. .~
with an address of .
39 Gallup Circle, Etna, wY 83118>, ".', \
Togetherwith all improv~mentsthereonsituate lIlldllll y!(tu[es arid al?pur~
tenances thereto. ' '
. -',~'::. 'O,
Mortgage Ele<:troruc RegistratiClI1'~ystt:ms, In?;
, ~y:.P. Jaye Ripp1e~
Brown, Drew & Massey, LLP,
159 North Wolcott Street, Suite ,200
Casper, Wyoqring 8260~
, 100(t
Publish: October 6, 13,20,27,2005
49759
1~l@l~il~~~~~
Kemmerer Wyoming
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 ,j.autInsertions, the
first publication having been made on the
-h- .
& - day of Ocfo.60/
A.D., 20 OS , and the last publication on
the d') -!J- day of Dc fo6::?~
A.D., 20_Q.L; 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.
Mi:j:sen. ;nblisher
Subscribed in my presence and sworn to
befo}1'. me on this J ~I-_ day of
Ulll)e/J1bJy A.D., 20~.
~ /lAdv
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 6 of 7
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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 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 $750.00 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 nota 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:
P. Jaye R e
of Brown, Drew & Mas y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribe
this_~B~
TAMMY l. DAUGHERTY. NOTAR
County of State of
Natrona Wyoming
My Commission Expires 8-11-2008
My Commission Expires:
08/ \ II c9~
49759
Certificate of Sale
Moomey 21309-1863 [05-11277]
Page 7 of7
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