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Home My WebLink About915469 ~ ..~,;.:; ~ ~~ ~. :~~ pO .~~ u .8 Q . if.) ....j .!:? ..... t':'" ¡;¡ ..., r:'~ 0 ~..~ . ~..) ~.~ ~ p.~ '\~i % º ,,!-.; ,,,.: ....\ ~? ~} -...., Ç) ~ .~' 00 Cf .¡/;1 ~:.., t¡ ~$.;"¡ .(;; -j' CERTIFICATE OF SALE STATE OF WYOMING ) ) SS. ) RECEIVED 1/26/2006 at 2:06 PM RECEIVING # 915469 BOOK: 610 PAGE: 454 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -..,.--- ---. - _. - --- -- 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 November 12, 2003, executed and delivered by Donald L. Tibbets, to Argent Mortgage Company, LLC and (b) that certain mortgage dated November 12, 2003 (the IMortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 14, 2003, as/in Book 541 PR at Page 683, 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 11 of Block 31 of the First Addition to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof with an address of 405 Pine Ave., Kemmerer, WY 83101 55337 I]~m~f!lilif}~ 'ct COUNTY OF LINCOLN 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 of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004- X 1, under the Pooling & Servicing Agreement, dated as of March 1, 2004, r¡"ll.. without recourse \~ Assignment dated: November 15, 2005 Assignment recorded: November 30,2005 Assignment recording information: Book 606 at Page 342 All in the records of the County Clerk and ex-officio 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, Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-X1, under the Pooling & Servicing Agreement, dated as of March 1, 2004, without recourse ("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. Certificate of Sale Tibbets 21309-1980 [05-15101] Page 1 of 7 ~/ Ü",-,.{ì ~. '/jI. 6 0 -...}.J.. Wi! ~ J C00455 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 December 29, 2005 issue of said newspaper and ending with the January 19, 2006 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 January 24, 2006 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 $51.734.43 ("Bid Sum"). which was bid and offered by Deutsche Bank National Trust Company. as Trustee of Ameriquest Mortqaqe Securities Inc.. Asset- Backed Pass-Throuqh Certificates. Series 2004-X1. under the Poolinq & Servicinq Aqreement. dated as of March 1 , 2004. without recourse ("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 $600.00 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 January 24, 2006, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 55337 Certificate of Sale Tibbets 21309-1980 [05-15101] Page 20f7 .I;I:';':':':-:¡:':':::; S!~~~~:~:8~ [mrH~¡tmili¡~~~ ,:,:,~··:j?ll;;:::j ¡;:;m~~;i;ttrJ:~~ , , '-."'i r~ ð6Q O--.:/¿<.â '-ioì: .; ~00456 ~ iL- DAT5.[l at Kemmerer, Lincoln County, State of Wyoming, this ~ day of . ( :lM&f:l1J ' 2006. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Þ Title: !k¡>/{t· SbtYlff' ACKNOWLEDGMENT STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrum acknowledged before me by Deputy Sheriff of Lincoln County, ~ )O,f111£qIl ... ' 2006. Witness my hand and official seal. presence and day of SHAUNA RIDGEWAY - NOTARY PUBLIC COUNTY OF A STATE OF LINCOLN . WYOMING MY COMMISSION EXPIRES SEPT. 2. 2009 ~ltcrr Notary Public My Commission Expires: '1/; /Jdf! 55337 Certificate of Sale Tibbets 21309-1980 [05-15101] Page 3 of 7 ... Ü:~A':5~69 ::OC457 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 November 12, 2003 (the "Mortqaqe"), and recorded on November 14, 2003 as/in Book 541 PR at Page 683 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 Donald L. Tibbets, ("Mortgagor(s)"), the named mortgagor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004- X1, under the Pooling & Servicing Agreement, dated as of March 1, 2004, without recourse Assignment dated: November 15, 2005 Assignment recorded: November 30,2005 Assignment recording information: Book 606 at Page 342 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 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: 70050390 0001 6064 3486 CERTIFIED MAIL NO. FSN: 700503900001 60644018 Donald L. Tibbets 405 Pine Ave. Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 70050390 0001 6064 3493 CERTIFIED MAIL NO. FSN:7005 0390 0001 6064 4025 Occupant 405 Pine Ave. Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 700503900001 60643516 CERTIFIED MAIL NO. FSN:7005 0390 0001 6064 4049 Donald L. Tibbets 736 Prairie Ave. Cheyenne,WY 82009 55337 Certificate of Sale Tibbets 21309-1980 [05-15101] Page 4 of 7 r.¡I¡I.... :.:~:.:I;.:'i' ~ ~·N·¡~j:~;;~~:;r: f~illOOili]~{, .(,. '; ·-A16S ~ ~'L- -. L;!- .J~_I¿......,; ~ COC458 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 13, 2005 and the date of the first publication of the notice of foreclosure sale was December 29, 2005. FURTHER AFFIANT SAYETH NAUGHT. . Jaye i ley of Brown, Drew & Masse , LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 SUb$Cribe~ my presence and sworn to before me by P. Jaye Rippley this M day of Cl~ Hn~ ,2006. Witness my hand and official al. My Commission Expires: " .. ".' ~ IiI - " . , to" CINOY BAK~~ - NOTA~Y PÛf3I"IC ""'1' COUnlyof'...." S~..' ò" '. Ntlfro~a~·.· . W)íori1ing .....~.~~~.~.~.~~:~..... 55337 Certificate of Sale Tibbets 21309-1980 [05-15101] Page 5 of7 I;.. ~. '.::¡:;~!:¡:::m:¡:m:¡ ~:':f:':I:':I:':':¡:'~ EXHIBIT B ~~ìi~f\I;f:titm¡í:ii¡~ Ü~:15469 COC459 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette ROXANNE RUDY - NOTARY PUBLIC Kemmerer, Wyoming COUNTY OF &\ STATE OF UNCOLN ., WYOMING MY COMMISSION EXPIRES 1/31/09 ---'------·1;~---;_7·- " U;', FP ; .. I.1RE~§~~~P1:'ICE .i REA,S, defaµlnì~(orþ~ð~'an~ interest h . eJ.1lls?f al'~ te'~~e . . tedNoveµJ.b~~, , deliv:ered, . .~1Jbe . gor(s)") toNg, _ _ hr.¡'.. Æ~C~,~~l).Pi~J t~l~l,!=;ståte~mQgg,~&~,,,{th~ /·Mortgagê':~,. oî.t~e t~~.e(:ûrfli'g'the:Note;wllichMbhgágê Was'. èxectltéd and dFÜY~tedby h,ga or(s~~A?,~~.~~~®ortgage~·.~d whl~1t:M9ìjt~~ge was rec~t~,~~i4n . .2Q()3, lh1as Book 541 PR ~tPä'lse6831n.. the records~:of,!~e f . 'i1~<¡;lerk'; â'ri(Cèx~officid'~¿gís.teiof I).éëd$'in and forrLw- ....:. .,...'. ..... ".' ,.t~~~%~i~~~:~:SSig~~·~o:-y:~ue' a:,foll:W§;;;1ðfl'"""'_;'i i~J~~~f~:l~~Þ$~~~n[s~~~~J!~s;tU·~:~~~~~~!~~v¥~~~~fri~.. Gates, Seç;~s,*ÞÞ~\~lt~~~ï.~iJhe Pçp!ilJg\ , ·'l'¢'.1Í@Ägx:~~~~1i(¡lIateda~Q(, Mârch 1,~()()4(With8ut red.iûrse 'v:¡;~;¡\ "'j';'J;¡"; >:UG/:i' ';';:';'.r'! ¡\ssigíi.tbèntdate : November 15, 2Ó05. .... ........... . ..... ' I::.·.:.. '. ..~~. .~. t. 'F. . ..... 7. ~:;,fftf.·.,.p.'.· ~.:..'i~..·.1..b.~.~~~~..·~.~~Ì...6.~.~(J.'.~j.{.h. \. p~..·.;...:..;~.¡t~t.~.'..~ý(.J,;;."?~".. ·.';.;.,:i":~~ !'An' . 'ftf~':~otihtŸeMrk'"ilia''¿X'!ðffiCi,09R¿gist~i'bfDe~dsirt.! ~aÏÌdforLhi~¿iii¢o~nty;wYo;mng. ..;',.;.:." ..... .. .. ' ¡ '. \)11 " ".. I . eMortgage contains a p9~~i of $!\l~ w,hicÀ- qy tCfasdnof'J Isaid}i'ê .... . Mortgagee 'declares ~o'haŸe1:!ecome'bpðratí\Íe, :âiJ.d nb ,suit or' ; proceedirìgh. s,b!,:!:? instituted a~ law tq recovêr the debt secured by the Mort- f g~,g~, orb.:þart thereof, nor has any such suit or proceeding been. instituted jariði'4 fI¡s~öritim!ed; ançl ,", :.,i; :.\ r,'.,,;": I.· W .., ß,writteri notiCe' of intent tOforeclöse the K1ortgage'by ádve.r- !tlsel!\ti~,S~\eh,as geen,s!:rve~YP?!1 there.f?~çl9~nÿr a~~,~h.C': par,y 1!1 ~ pOSSeSSI .. .. the mortgaged prerrusesat leasUen (10) daySpnörtô the com" ; mence111ent of this publication, and the amount due upon the Mortgage on the ; dat'f or tïwtp~b~c¡¡J¡qn of this n?tice, or~a1e beingthç tl?t,alsum of $,49 ,2?f,34 , Iwhicl1' sum ConsIsts of the unpatd pnrtclþal balance of $47,014.60 plus mter- ; e&t aéH:ue~ tq the. dateofJl1e ~st p':lplication of this Il0tice in the amount of' \$~,O 5~,pius late charges m the amount of $132.82, plus an escrow ad- ¡ v~. tliè amount.of $0.27, plus other outstanding charges in the amount of \$101.00. plus attorneys' fees, costs expended, and aCCJ:uing intere.st and late ·I.c~~rg~~'artër the date of first publication ofthisnotièeof sa~e;" . \ ..., ·WHEREAS, th~ property being foreclosed upon IDaYbe subject to other !Jieµ~,alld encumbrances tlW will not be extinguished at the sale. Any pro- ¿spècti:x,e purcha~çr should research tþe status. of title before submitting a bid; t' r{~\y'. nIE~FORE Del;1tsche Bank NauonalTrustCompany, as Trustee \.P.!.f\tTI,~riquestMortgage Securities ~c., Asset-Backe!;tPass~Througþ Certifi- ,çi!~§.Series ~()04:XI, under the Pooling & Servicing Agreement, dated as of ~.M~rch 1, 2004, without recourse, as the Mortgagee, will have the Mortgage ¡foreclosed as. by! Jaw provided by causiIig the mortgaged property~ to be sold ~~~public v,end,~..tþY the S\1eriff or Deputy Sheriff in apd for Linc;oln County, WÝ:oming to Hi highest bidder for cash at 10:00 o'clock in the forenoon on 'Jànµary 24, 2 06 at the front door of the Lincoln County Courthouse in IKemmerer'1fi coIn County, Wyoming, for application on the above-described ~amounts §ecure~ ~y ~he Mortgag~, said mortgaged property being described ¡.¡J.S follows, to-Wlt. . ~'~ .... Lot 11 of mock 31 of the.t"irst Additionto the Town of Ke.l1l1l).erer, Lin:-'I ~òÞ1 County, Wyoming as deséribed on'the òm¿ial plat thère~f ' .. ., J with an address of 405 Pine Ave., Kenimerer,WY 83lQI ),. Together with all improvements thereon situate ílDd all fixtures and appur- JeI1ances thereto. . ,;., Deutsche Bank National Trust Company, as Trustee of Ameriquest ;:~?,M~rtgage Securities Inc., AssetcBacked Pass-Through Certificates, Serie& n'2~Ç4-XI, under the Pooling & Serv~cing Agreement, dated.as of March I, i' ·é. 2004, wIthout recourse ¡ t)à\; '. . By: P. Jáye Rippley j} 1. . Brown, brew & Massey, LLP '·::1 . . 159 North Wolcott Street, Suite 200 , ''I; . . .'. Casper, Wyonµn 82601 ·~~Li~.h: December 29,2005, January 5, 12, 19,2006 .... ~29 -- vvvv, Kemmerer Wyoming - ST ATE OF WYOMI\TG ) ss. County of Lincoln I, Michael Jensen, do solemnly swear th;lt 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 whic h is part of the affidavit, was published in said newspaper for-b.nsertions, tbe first publication having been made on the 2Cf-&day of t2aáhn~_ A.D., 20~, and the last publication en the / c¡ 7'Þ-day of Tœ'J1Ll~ A.D., 20~; 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 III tte newspaper proper, and not 111 a supplement. ~~ Michae ensen, Publisher Subscribed in my presence and sworn to 20'á- day of A.D., 20~. bef~ me on this o ~.ú-i- fdLthw /¿ý VQf UII\",CU.'O VI VOIC Tibbets 21309-1980 [05-15101] Page 6 of 7 '" "'o(,.',('t t::"[ 6û U~¿J.r J 000460 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 $600.00 as compensation for services actually rendered in the foreclosure proceeding. 3. That the above-mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Brown, Drew & Massey, LLP. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIANT SA YETH NAUGHT. B~ P. Ja RipRtfy of Brown, Drew & Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1 000 S'1'scrib~ my presence and sworn to before me by P. Jaye Rippley this nday 0 .It.U.f.IJIJ '0 ' 2006./ Witness my hand and 0 ici I seal. ry1y_C0'J1mis~ion ~'.<Eire$:_ ' . CIHØY..,~.· BA. .'Ki;.~. ~ Nq.T.. AÞ.Y.' .P..qB l.J. Ö' '., ,.,. Çow1ty of .. State of ' Na.1róna"" . , ~Ing My CoíTimission ExpireS Seþt 17, 2006 ' ......................"':...............................................'..................................................... 55337 Certificate of Sale Tibbets 21309-1980 [05-15101] Page 7 of 7 j~illl~~i~i~~~;