The URL can be used to link to this page

Home My WebLink About917427 il ~ "~~ >I. ,5 Q.¡ é.') a ·~8 ,]~~ w....~ "Z~a ·11 ~ ~¡I 't!~~ o. .' '.. ....' ~~ Jj :'i ok~~ ~ ¡m~~~;~~;~¡iillß :,:j':'!í;,j~!",'j·:·i··'I') ",:~f:;:;:::l:::~!::'!"h. n 7 6 6 .1..,\~......_!,I.r't'·_'·"i ¡ ; \"" í... I.,' 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 May 12, 2005, executed and delivered by Joan P. Brown and Shane L. Brown, to Mortgage Electronic Registration Systems, Inc. as mortgagee, acting as nominee for Decision One Mortgage Company, LLC and (b) that certain mortgage dated May 12, 2005 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 17, 2005, as/in Book 585 at Page 520, 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 4 of Block 29 of the Town of Afton, Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point 6 rods South of the Northeast corner of said Lot 4 and running thence South 4 rods: thence West 10 rods; thence North 4 rods; thence East 10 rods to the POINT OF BEGINNING. ALSO Part of Lot 4 of Block 29 of the Town of Afton, Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point 5 rods South of the Northeast corner of said Lot 4 and running thence West 10 rods; thence South 1 rod; thence East 10 rods; thence North 1 rod to the POINT OF BEGINNING with an address of 564 Adams Street, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: U. S. Bank National Association, as Trustee for Credit Suisse First Boston HEAT 2005-6 Assignment dated: February 10, 2006 Assignment recorded: February 23, 2006 Assignment recording information: Book 612 at Page 872 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. 60454 RECEIVED 4/12/2006 at 1 :53 PM RECEIVING # 917427 BOOK: 616 PAGE: 766 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Brown 21309-2098 [06-00501] Page 1 of 7 ----- -- ----~ --- -------- ~------ fDÜ'" ?d,"">? "- J..!.. II ..tr." 40 000767 ; 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, U. S. Bank National Association, as Trustee for Credit Suisse First Boston HEA T2005-6 ("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 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 March 16, 2006 issue of said newspaper and ending with the April 6, 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 April 11, 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 $120,886.23 ("Bid Sum"), which was bid and offered by U. S. Bank National Association. as Trustee for Credit Suisse First Boston HEAT 2005-6 ("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 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 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 April 11, 2006, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 60454 Certificate of Sale Brown 21309-2098 [06-00501] Page 2 of 7 ¡i!mi~jm~¡¡m:: :;:::i:~~~:~::~::::~ .:.:t:~~;:.:.:.>:<; i~~t~]m~ 0917427 ('()('ot"")68 ~., \) II f j / DAT~ at l)emmerer, Lincoln County. State of Wyoming. this ~ day of /I fJr/L . , 2006. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: il/ff f!2cf¿ 4 iUiØ Print ameŒr/"' 2>.. ~,A:t.sc".--(')(' k Title: /)f>:J?(/l-r SAe/'/1f , ACKNOWLEDGMENT STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by ~riff of Lincoln County 8t ,2006. Witness my hand and official seal. My Commission Expires: ~.~<"'....... 14Mif PANT[f¡ - HOTAR'f PUBLIC -- COUNTY OF UNCOL"4 60454 Certificate of Sale Brown 21309-2098 [06-00501] Page 3 of 7 0917427 (' 0076 9 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 May 12, 2005 (the "Mortqage"). and recorded on May 17, 2005 as/in Book 585 at Page 520 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 Joan P. Brown and Shane L. Brown. ("Mortgagor(s)"), the named mortgagor(s), and Decision One Mortgage Company, LLC. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: U. S. Bank National Association, as Trustee for Credit Suisse First Boston HEAT 2005-6 Assignment dated: Feþruary 10, 2006 Assignment recorded: February 23, 2006 Assignment recording information: Book 612 at Page 872 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: 70051820000016484174 CERTIFIED MAIL NO, NOI: 7005 1820000016484167 CERTIFIED MAil NO, FSN: 7005 1820000131799047 CERTIFIED MAil NO, FSN: 70051820000131799054 Joan P. Brown Shane L. Brown 564 Adams Street 564 Adams Street Afton. WY 83110 Afton, WY 83110 CERTIFIED MAIL NO, NOI: 7005 1820000016484082 CERTIFIED MAil NO, FSN: 7005 1820 0001 31799092 Joan Brown P.O. Box 1721 Afton, WY 83110 CERTIFIED MAil NO, NOI: 70051820 000016489872 CERTIFIED MAIL NO, FSN: 7005 18200001 31799122 Shane Brown P.O. Box 1721 Afton, WY 83110 CERTIFIED MAIL NO, NOI: 7005 1820000016484075 CERTIFIED MAIL NO, FSN: 7005 1820 0001 31799108 Joan P. Brown P.O. Box 12618 Jackson, WY 83002 60454 CERTIFIED MAIL NO, NOI: 7005 1820000016484105 CERTIFIED MAil NO, FSN: 7005 1820 0001 3179 9115 Shane L Brown P.O. Box 12618 Jackson, WY 83002 Certificate of Sale Brown 21309-2098 [06-00501] Page 4 of 7 tfi!~lli~j~ffil~ r.~¡j1~:~:;:~~*f:;::: ", 'i'.¡~.!I~i' .Ij' ,..~ !3:1.;!iW.1.'.J.'.\.c1 llii~¡¡t~~~~;:¡r~~1;ffi~ ¡~f;ij~~l%m f{~~~~t~ª~;~1~ n91~742? C00770 CERTIFIED MAIL NO, NOt: 7005 1820000016484068 CERTIFIED MAil NO, FSN: 7005 18200001 31799085 Intervale Mortgage Corporation 815 Reservoir Avenue Cranston, RI 02910 CERTIFIED MAil NO. NOI: 70051820 000016484150 CERTIFIED MAil NO, FSN: 7005 1820000131799061 Occupant 564 Adams Street Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 16, 2006 and the date of the first publication of the notice of foreclosure sale was March 16, 2006. FURTHER AFFIANT SAYETH NAUGHT. . Jaye Ri ley of Brown, Drew & Masse, LP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed in my' presence and sworn to before me by P. Jaye Rippley this ~ day ofO~ ' 2006. Witness my hand and official sea. ~ My Commission Expires: .. r.. -~. .. :t.';' ~~;;,~" CINOY B.AKER - NOTARY PUBué' t cOIJ!1IY 0(.' Stale óf . Nalrona " . liV)oorning , My Commission Expires Sep117, 2006 ..... u.... ... Uu.. u.......... ..... u. U'.u.. ~ · 60454 Certificate of Sale Brown 21309-2098 [06~00501] Page 5 of 7 0:::~~:::::~::::q ~tNi:!.!.!:~:~~~:~ 091..7427 EXHIBIT B C00771 KEMMERER GAZETTE PUBLISHER'S AFFIDAVIT Kemmerer vlyoming' -. AFFIDA VIT OF P1)J3LICATION Kemmerer Gazette , Kemmerer, WYQming ROXANNE RUDY - NOTARY PUBUC COUNTYOF &\ STATE OF, UNCOLN . WYOMING . '~II~,;;SSlON EX"RES 1 9idated:MaY'12 ',2 .: x- ;':eðut¿H'àiid ", '. '..' _ ,';BrdW'n;'(~¡Nf(jrl'g~' , U) t()l1p~~a&e,\ f;~~ç!!~l}Íf,~~&fst&~~()\ÍßX~t~1p~,\ !-rlc., a1I !ll0qgag~e',~~t!fgsplely as nc1nnne(: rorDecl~lon'Qné;1Jl9ttgagb c,o,JI1þ¡my;LLC., and a re~'estate mortgage (th~~'MÖrtgage")-or tfiésànìe'díìté séèUnng the Note,wÌiich Mort- gage was e'Xetured'and"deliveréd"by'said 'Mortgagor(s), to said ,Mortgagee, and which M:w:tgage wasrecprde(to!l MaY.J7\,2005,in/ás;BQ9k,5~¡SJI~~age 520 Ì1! t~<:, r~?rds,<?f.the o!ficr of.tJ¡e County ,perf and ,e~ -9ffièip,Registt;r of I?<:ed~j,~!mdlfoç L1fff!lnJ~()~!ltY,,§t~t~ of.wyo,1Ill11g;,an~ " . ,... " "~{{E~S,, the ,~~J:tg¡¡g~'Ya.s á~~~&n~d.ror value aso£oQows: .' . " ASSlgneè: U~S. Barik.NatIónalA..ssoclatlOn, as Trustee for Credit SµISSe First Bostôh heat 2005~6" ': ,,' 'ç', "', ,," Assignment dated: Febtuaty 10,2006 ' Assignment recorded: February 23, 2006 Assignment recording infonnation: J3o()~ßH¡itPage 872, " '...., " All iI!-~CfreCords of tQe Cou.nty Clerf andex-offifio Register of D~eds in and f~r~~nFoln County~ Wyonnng.' \',' \ ',' ~REA,S, the Mortgage contains:a IIPw~r of sale which by rel\spn of :"said ge~äuH;t!Ie Mortgagee declares to have become operative, and rtô suit or " ptocèedi~g has been instituted at law to recover-the debt securèd by the Mort~ '"gage:; Q{' any,part thereof, nor has any su~h suit or proceeding been instituted , ànd,the säriÎè qiscontinued; and '..., .' : ." ' ,'WI{E~AS, written notice of intentto foreclose the Mortgage by adver~ liseme~tártd sale has been served upon the record owner' and the party in possessIon of the mortgaged p~emises at,Ìea:;t ten (10) days prior to the com~ mencement of this publication, and the àmount due upon the Mortgage on the date of fIrst publication of this notice of sale being the totåJ.sum of $118,055.33 which sum consists ,of the unpaid principal balance of $108,878.42 plus,in~ tere~t acq:ued, toth¢:µat~ of $hçJirst publication of this rtøtice i'n the amount , of $3,,55 L4~. p1U.s l~tþ charges il} theamöunt of $165.45, plus other outstand- :, ing charges in the aíÌ'iountòf $,5,;460.00, plus atto~eys' fees, costs expended, , and accruirig interest' and late charge~ after .the ¡:late of first publication of this notiCe of sale; : .' , WHEREAS, The'prbpertybeingforeclosed upon may be subject to other ,liens and encumbranèes that will not be extinguished at the sale. Any pro- spéctive purchaser should research the status of title,Qefore submitting a bid; NOW, THEREFORE U. S. Bank National Association, as Tru~teefor,Credit Suisse First Bo~ton HEAT 2005-6, as the Mortgagee, will have the Mörtgage foreclosed as by law provided by ,causing the mortgaged prop~rly to b~sold at public vendue by the Sheriff C!r Deputy Sheriff in and for Lincoln: County, Wyoming to the highest bidder for cash at 10:00 O'clock in the forenoon on April 11, 2006 at the front door of the Lji1Col,n CountyCoui'thouse in Kemmerer, Lincoln Cqunty, Wyoming, for applicationon'the above-described amounts secûred by the Mortgage, said mortgaged proPerty beillg described as follows, to-wit".' ...' '. ' Part of Lot 4 of Block 29 of the Town of Aft on, Lincoln County, Wyoming more particularly descri,bed as follows: " , BEGINNING at a point 6 rods South of the Northeast comer of said Lot 4 and running thence South 4 rods: thence West 10.rods; thence North 4 rods; thence East 10 rods to the POINT OF BEGINNING. A~O , Part of Lot 4 of Block 29 of the TQwn of Afton, Lincoln County, Wyoming , more particularly described as follows: ' , , , BEGINNING at a point 5 rods South of the Northeast comer of said Lot 4 and running thence West 10 rods; thence South I rod; thence East 10 rods; thence North 1 rod to the POINT OF BEGINNING. with an address of 564 Adams Street, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appur- tenances thereto; , " U. S. Bank National Association, as Trustee for Credit Suisse First Boston HEAT 2Ò05-6 " ," By: P. Jaye Rippley Brown, Drew & Massey, LLP 159 North Wolcott Street, Suite 200 Casper. Wyoming 82601 0316A Publish: March 16,23,30, April 6, 2006 60454 STATE OF WYOMING ) ss. County of Lincoln ichael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, weekly general a paper of 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 fo~senions, the first publication having been made on the / Co '7),... day of !h cu e-Á- A.D., 20~, and the last publication on 1b- ,.0 the C9 - day of ~..Á{ A.D., 20~ that said nO:lce was published in a regular and entire issue of the paper(s) in which it was pub Ii ~hed; and that said notice was published III the newspaper and a nOI proper, 111 supplement. nsen, Publisher Subscribed in my presence and sV10rn to beÃe me ~~. /2 ~ day of A.D., 2(1~. on this ~lMLe ;&j r-l ( Certificate of Sale Brown 21309-2098 [06-00501] Page 6 of 7 -": .. COC772 -;>.,-.¡ 091..74~ , 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 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 SAYETH NAUGHT. SUbscribetL; my presence and sworn to before me by P. Jaye Rippley this 1-l!J day of L1Al.- , 2006. Witness my hand and v My Commission Expires: /... CI=,~R.-NòT~:. :~~'c';:'t" Natran. " . WyOming , My Commission Expires Sept. 17. 2006 ..................................................................................................................... 60454 Certificate of Sale Brown 21309-2098 [06-00501] Page 7 of 7 [;¡;.~!j;illi1i~~¡¡~~1i, :i:::;:;:::;:;::f::::i:: : ::;:::::t:::~!;:::~:::;