Loading...
HomeMy WebLinkAbout920927 C,JI :::! £. ~~ <I)'''' "EE: o 0 ~~ . ¡.,;; ~ OJ¡ "- c: c: 0 a .;¡; ,i$ ~ ~e2 .., u ... ~c1J5 ~""Oo ~c:cu ;; ¥I .'"f! f..< ¡ ~ . ~';~~~f¡¡!!m~~mmj C008l1 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 September 23, 2005, executed and delivered by Angela M. Palmer, to Mortgage Electronic Registration Systems, Inc., mortgagee, acting as nominee for Decision One Mortgage Company, LLC and (b~ that certain mortgage dated September 23, 2005 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 29, 2005, as/in Book 599 at Page 565, 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 the SE1/4SE1/4 of Section 12, T32N R119W of the 6th P.M., Lincoln County, Wyoming being more particularly described as follows: Beginning at a point 856.0 feet North of the Southeast corner of said Section 12 and running thence North 214.0 feet; thence West 407.10 feet; thence South 214.0 feet; thence East 407.10 feet to the point of beginning with an address of 88171 Highway 89, Grover, WY 83122 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, acting as nominee for Decision One Mortgage Company, LLC ("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 seNed 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 July 6, 2006 issue of said newspaper and ending with the July 27, 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 66405 RECEIVED 8/3/2006 at 3:53 PM RECEIVING # 920927 BOOK: 628 PAGE: 811 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Palmer 21611-0088 0 Page 1 of 7 ---~-~_._-_. 0920927 000812 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 August 1, 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 $143.279.91 ("Bid Sum"), which was bid and offered by Mortqaqe Electronic Reqistration Systems. Inc.. mortqaqee. actinq as nominee for Decision One Mortqaqe Company, 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 $600.00 is to be paid to Brown, Dréw 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 August 1, 2006, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DAT -2- day of Kemmerer, Lincoln County, State of Wyoming, this ,2006. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: .r Title:J) J'.(l t4y S ~<r; t ç 66405 Certificate of Sale Palmer21611-0088 0 Page 2 of 7 ~~~i*:::*:::::~:::: l:;~;~:': : :':·:·:·:~i!: ~¡Imfill~;if~~; 09Z092¡7 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrurn~ acknowledged before me by ; DerJùfÆ. e 'ff of Lincoln County, , ,2006. nd official seal. M. ASHLEY 1..- .. CII ~of .. WvomiI. "1Q ~ c.c. 4¡ 2007 Notary Public My Commission Expires: ~_ ot.L;;<007 66405 C008i3 , day of Certificate of Sale Palmer 21611-00880 Page 3 of 7 , , 0920927 CQ0814 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 September 23, 2005 (the "Mortqage"), and recorded on September 29, 2005 as/in Book 599 at Pag~ 565 in the records of the office of the County Clerk and ex-officio Register of Dèeds in and for Lincoln County, State of Wyoming, wherein Angela M. Palmer, ("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. §§ 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:7006 0810 0000 0419 3878 CERTIFIED MAIL NO. FSN: 7006 0810 0000 0418 8904 Angela M. Palmer 88171 Highway 89 Grover, WY 83122 CERTIFIED MAIL NO. NOI:7006 0810 0000 0419 3885 CERTIFIED MAIL NO. FSN:7006 0810 0000 0418 8911 Angela M. Palmer P.O. Box 1594 Thayne, WY 83127 CERTIFIED MAIL NO. NOI:7006 0810 0000 0419 3915 CERTIFIED MAIL NO. FSN:7006 0810 0000 0418 8942 Mortgage Electronic Registration Systems, Inc. 815 Reservoir Ave. Cranston, RI 02910 CERTIFIED MAIL NO. NOI: 70060810000004193892 CERTIFIED MAIL NO. FSN:7006 0810 0000 0418 8928 Occupant 88171 Highway 89 Grover, WY 83122 f;j;:::::;::::ji:~:::~j: ili~~:ill;::t~::::0 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 22, 2006 and the date of the first publication of the notice of foreclosure sale was July 6, 2006. 66405 Certificate of Sale Palmer 21611-00880 Page 4 of 7 '~~~ ¡:~::~:::::*::~~:::~ ~;:': ~I: ;~I~.~'.I:':t~; ~~i~,~d}~f'~r~iti~!~~ ~. 5 ,,,",,';,M~'¡¡"'<'."i\ 0 ~ i ·"".C"!""~~'iÛ U J. 0920927 FURTHER AFFIANT SA YETH NAUGHT. By: Jaye ey of Brown, Drew & Masse, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed i my presence and sworn to before me by P. Jaye Rippley this --3L day of , 2006. Witness my hand and official se . ) My Commission Expi~~s:x;' . . . . "'1 S, ....,' . I" CI.rfóY.... B.".",Á.KE.' R...- NO.. T.AR..Y P. UBUØ"~J' " ~Óf ..~ State of . , Nefrooa' " , wyoming . u___~_~~~~~:!.~.~!~.:!:~~~...__ 66405 Certificate of Sale Palmer 21611-00880 Page 5 of 7 'T'W~~rn i"1'·I·p~ '?!~i';'.·" i:;~:~t ;.t~:!:;:: 0920927 EXHIBIT B KEMMERER GAZETTE 0008t6 Kemmerer vJyorning ... AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ei~, i¡j m.>~ nihè" ,:36 plti~:;ih- " 6'unt 's.tåhd- '. qçd,., ;{;:";!";:·,ii¡~~~j.'i' i~g''forec '§ub]èdto;(jth¢r 'tl" ;0" ~. ~ ,...,"': ,~:.:,.,."",./"':~":";/'." 'érj.étimbrances thàf~ill !;lot b~:ex~l}gl! .' ..a thËs*.~~Pt<b: spç yçp :tSl1( J1'd:iesearç~ ~ç ~!1itiÎiÒftít e, (oresuþmiuilli i1iiçl;' i;;<.. . Vi';'.. 'FORË:Mortgag2'Efectrói1icRegistraJion·. Systems,Inè;; ~Óßg¡{ge¢fï~thig!ls ,rioifiinee fSrþèçi&~Ötgonç'M()rtgage CötTIpA$y;/ti:c, ...., ~~WM1( itg~~~~.,:,~i~h.~v~~ih~ 'Mo~gä~~ f( n~cI~.s¢,4.,~~'b~, la~ þióvld~4, Þy .': ca9~l~gth~.~( ijgagçd PP?perty to bes()~d ¡¡tp~blic v~ndue by the Sheriff,or Dèpl1ty,:ShéÌiftjn~d'for!L~nc(}wCOImtYI'Yy()r,riiiíg to .tht; highest bidder for è:a.~h~f!lÙ:poo'tlÅ“kjl1~~~fo..I"~I1~on.()p.AIÌ@sfl.,,2OÒ~}1.t thç fron.t doo! of th~'HIJ:Jc( ln. Countÿ· C( I1rtl10I1~Çli1' KeIIi1í1¢rer, Lmcoln· County, Wyormng, f,oriilppIiç'Niori,gp. the, .'¡iþoY~~4esÞribed amourits se~ùred' by. the . Mortgage, smd)Ì\órtg!igeÍliiropërty'Þ'eIng.'described äs' follows, to-witPart of the,SE1t 48:Ë1I(ofSççtioti1,2,X3:2.N',RIIC}W of the 6th P.M., Lincoln County, W'¡o- mingbl#~~·tIJ.òrêPìJ.tti'cuÜìrlY dçsçribed as follows:Beginning at a point 85~.0 lèët'#Prth'of{tliç;S( utaeast'corne( of smd SectiOli 12 and running thence "';1.:í4.Qf~t; thence ,West 407blØ. fe¡:t¡ tthenee .South 214.0 fçet;, thence . ~?!J)!gç{tothipölñf\Õf.!1?egiñ'irïií~-:i'E;¡;'i ,': ,;."t.,~.r. '~'-7I.~C ';~; '.t- '. . thfujP.iddrèssof>8!WH'flighvtay 89cOr6veF"WY' '83122 )·'ill.'''. '" iè~èf\vith:all improvenientsthereo~ situat; amI all fixtúres ~d appur- ,~s'tþeteto. ' , , " ; , ',MoJ;tgageElectronic Registration Systems, Inc., mortgagee, acting as ~>,,)"!/' " "nominee for Decision One Mortgage Company, LLC .'. . , By: P. Jaye Rippley , , Brown, Drew & Massey, LLP " 159 North Wolcott Street, Suite 200 '.. ' ' CaSper, Wyoming 82601 Publish: July 6,13,20,27,2006 0706F ROXANNE RUDY - NOTARY PUBLIC COUNTY OF A STATE OF UNCOLN _ WYOMING' MY COMMISSION EXPIRES 1/31/09 66405 STATE OF WYOMING ) .'is. 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 puhlished in said newspaper for~ inser:ions, the first publication having been made on the Io~ day of J~ A.D., 20~, and the last publication on the 2) -tJ,.. day of J ~ A.D., 20~; that said notice was published in a regular and entire: issue of the paper(s) in which it was publi shed; and that said notice was pubJished 111 the newspaper proper, and nOI 111 a supplement. ¡{L~ Micha Jensen, Publisher Subscribed in my presence and sV/orn to Zf Ý7..- day of A.D., 20'.12&. befOl~ me on (JLf this ~~ kdr Certificate of Sale Palmer 21611-00880 Page 6 of 7 r· !') ("1.(') . 7 "" ',) uö 1 0920927 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS. COUNTYOFNATRONA ) 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. Jaye . of Brown, Drew & asse LP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 SUbscribet%,:r¡resence and sworn to before me by P. Jaye Rippley this -3-l day of , 2006. Witness my hand and My Commission Expires: '0IfØY....~ ' '.',. ,~,', .,' .,' "',fA . ~"" l ":. WiIf'I My Coi(l.....'~ .-6. æoe ' ..........'" ~......~.·............o(........·.........aIf.¡.~~)o"'.......,.~.........~.. 66405 Certificate of Sale Palmer 21611-00880 Page 7 of 7 i: ii~~!~mm¡!~~~!i!: :~