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Home My WebLink About921178 (ß .--J ...... . .D C!) "ö .S <1) ..... "ö ¡:: .... 0 o >-. ~ ¡s: ;>., ........."2 C!)oo .S ~ >-. J5eB '" u .... ..- c.I) ::3 ~ ¡.¡.¡ 0 ¡:: ü u ~ c: t'::i § ro ¡g u <1) oO¡:: ü·- ",E-< .- <1) ..r...-: u E-< c:: .~ ~ .../ '-..-"' (ä \ ! 000837 " CERTIFICATE OF SALE STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) Lee Gardner of láWful age, being fírstdulyswornupon his oath, st<:'1.tesand certifies as föl!o\-vs: 1. That he is the duly elected and acting Sheriff ¡nand. for Lincoln County, State of Wyoming, and makes thìsCertifícateof Safe ¡n his ca pç¡city aS5uch. 2. That a default has occurred under the terrnsof (a) that certaihprqrnissQI'jnote,datedJune1ft 2002, executed and delivered by Allen H. Bodily. a single person toVVetls Fargo Home Mortgage, Inc. ðlld (b) thatcertain rnortgage dated June 19. 2002 (the uMortqaqell): se<::urìnø said note, vl,.hich Mortgage was execqtedand delivered by sajd"morfgagor(s}, 'to said mcrtgfigee, and was recorded on June 20, 2002, as/in Bóok 492 PR, at Page 410, in the recç.rdsof the office of the County Clerk and ex-offido Register of Deeds in and for Lincoln County, StateofWyoHlíng. and whichMortgagecövers that certain real property described below, as follows, to:...wit: That part of the SW1/4SE1/4 of Sectìon16, T35N, R119\N~ Lincoln GOl.Jnty, VVyorning, being part of those tracts of record inthø Omceof the Clerk of UncQlnCounty În ßook 298 of Photostatic Records on page 6: and in Book.311 Photostatic RecQrds on page 535 described asJoUows: BEGINNING ata poínt N84"-31',..40'V'I, 1621.391eet from the southeast corner of said Section 16, round as describedín the Corner Récord Wed lnsaid Offìce; thence S62~-17'-14HW, 147.58 feet. along thecènter ¡inéofanexistìng access road, toa point; <".- thence N2T' -42'-46HW,. 147.58 feet, perpendicular to saìdcenterHne, to a point; thence N62<:;.17'-14HE, 147.58 feet, paraUel with said centerline toapoint; thence S2T"-4Z-46"E, 147.58 feet tq the POINT OF BEGINNING TOGETHER wìththe right of ingress and egres$over and across tl1atpart of that tract ofrecord ínthe Office or the Clerk of LinQoln Countyìn B{)ûk298 of Photostatic Records on page 6, being part of 8'-'\/1/48E1/4, Iyîng and being sìtuate Wíthin the bounds oftl1efollowing described strip of land: A strip of land thirty feet in width, vvith the centertìne described as follows: B[GINNINGat a spike within the bounds of the Freedom North County Road No. 12-t14, S77°k58'k 531VV. ~i~318J3 feét from thesoutheastcornerof said 6B597 Certificate of.Sute 8QdHy 2130H-1ð92 ¡05·;·! 1875} Pá9$·1 of 8 RECEIVED 8/1012006 at 4:18 PM RECEIVING # 921178 BOOK: 629 PAGE: 837 JEANNE WAGNER LINCOLN COUNTY CLERK, I<'~:::;:::::::::¡:::::HER, WY I;· .~:~:!;~:~:~;!:;:. 0921!w1.7~ Section 16, found as described in the Corner Recdrd filed In said Office; 000838 íhenceN66"N22'··40"E, 144J30 feettòa spike; thence N62"-17'-'14"E, 1546.24 feet to apÖínt; thenœH continuing N62°-1T-14uE, feet to a point, N 84"<~1'-40ItVV 1621.39 from the said southeast corner; SUBJECT toeasementsofsíght and record; theBASE BEARINGforthìs sun¡ey ísthe east line of the SE1í4ofSèction 16, T35N. R119\'V, being Nortl1; each ~po¡nt" marked by a 5/8" x 24" steel reìnforcing rod. with a 2'; aluminum cap inscribed "SURVEYOR SCHERBEL LTD 81G PINEY \'\'Y PLS 5368", with appropriate details; each "spikeu marked bya 3.18" x 12" steel spike referehcedwith two (2) 5/8" x 24" steel reinforcing rod$ with a 2"alurnÎnurn caps inscribed "SURVEYOR SCHERBEL LTD BIG PINEY VvY PLS 5368", with appropriatedeta íls; aH in accordance wìth the pJatprep<;lred to be fíled ín theOfñceoftheClerk ofLíncoln County titled "TODD R081NSON AND L.AURIE ROBINSON PLAT OF TRACT AND EASEMENT vVITHIN SV.J1I4SE1l4 SECTION 16 LOT 1 NVv1/4NE1/4 SECnON 21 T35N R119\^I LINCOLN COUNTY~ WYOtv1!NG dated 13 July 1994.j, with an address of 1888 County Rd. 114, Freedom, VVY 8,3120 Together with aIJímprovements thereon situate and all fixtures and appurtenances thereto. 3. That no suit or þroceeding has been instituted at lalvv to recov6rthe deblsecuredbythe Mortgage, or any part thereof. 4. That the power of sale contaíned in the Mortgage having been made operative by reasort .of sU(;hdefault, Wens FargQ Bank,N.A, successor by mergerto )Nells Fargo I-Iome t.¡1ortgage, Inc. ("Mortgageet) elected tofaredose the same and at the request and direction or fv10rtgafjee a written notice of the intention to foreclose the f'J1ortgage was served upon the recprd owner and the paJiyìn possession of said real property at least ten (10) days prìofto commencement ofthe first publication oftheforecloslJre saenQtice~ ~)S shown bytheáffídavìt attached hereto a.s Exhibit A and by this reference made a part hereof. 5. That r~'1<:)rtgagee ha.s caused pUblication to be made of a notice öfforeclö$ure sale in theKémme.rer Gazette, a newspaper publíshedand having general circulation in Uncoln tounty. State of \Nyom¡ng~ once a v'/eek-for four (4) consecutive weeks, commendngwith the Jury 13, :2006¡ssue of said newspaper andendfng with the August 3, 2006 issue thereof; that: :said notice wa$ mailed, certified mail, return receipt requested, to all partìe$ as required by ~56.597 Cer1ìfíwHe of Sale Bodily 21308- ta9~!¡D5,: 11875J P~¡9~¡t(¡f8 :]jmm;~¡¡F ~ ~ ~ i;I~¡~~;mm~¡~¡~j:: 2"'1"'-;& 09".....\.."...· " 000839 \Nyoming statutes, as shown by thea.ffidavit attaëhedheretoas Exhibit A and by this reference made a part hereof, and that said notice as mailed and pUblishëd: did comply ìn~1! respects with the r~quirernentso:fthe statutes relatíng to foreclosures of mortgagèsby advertisement and sale; and that a copy of said notice and the pub fisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. ' 6, That on thedate and at thetírneand pl~ce specified ìnsáíd notice of foreclosure sale, to-wit: On August 8, 2006 at1 O:OOo'c!ockin the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State ofWyömiI1g, the undersigned proceeded to sell the above:,descríbed real property atpublìcallctíon in accordance with the notice of foredosuresale by then änd there calling for bids onsäíd real Pfopeliy; and that the highest and best slim bid for said rea! property was the sum of $132.829·46 _ ("Sid Sum~),whíchwas bid and offered bY.Wells . FarQo Bank. N·A.1. slIccessor by meßt~LJº.....Y.Y~H§.....Eªr:gº,"..Jj.9.m~ tI,'lortqa98. Inc. ("Successful Bidder") and that after soliciting and calHngforothør and higher bids therefor, and receiving none from those aftending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the.Bìd Sum; andthatthe Sid Sum Was thereupon paid and the sale aT said rea! property\vas then and there completed as by lawpróvided, . : 7. That the sum of $700.00 is to be paid to Bro\vn, Drew and .fv1ass€y, LLP..thé attorneys· for Mortgagee as compensation· forser\iìces actually rendered in the foreèlosure proceeding, said attorneys having made an affidavit as required bythestatlltes ofthe StateofWyotníng, åçopy of saìdaffidavít being attached heretQ as Exhibit C,andbythis reference made a part hereof. 8. Tharthe sale of the above-described real property was made ín full compliance with the provisiQns of the Mortgage thereby foreclosed and was ¡nail respects conducted in conformity wíth the requîrementsofthe VVyörníng Statutes. 9. Thatsaid Successful Bidder s!ìaflbeentitIedto adeedtothe abö\'e-de$crìbed real property, together with all ímprovements thereon sítliate and all fìxturesand apPll/ienanC0s thereto. at and upon expiration of three (3) rnonths arid thírty (30) days from and after AugustS, 2006, thedate'of the sale, unless the property shall have been redeemed as provided by law prIor!Q that time. OR D day of . .mmerer, Lincoln County, State of Vvyorníng, this ,2006. l..eeGardner, Sherìffinand fòr LincOln County, State of Wyomíng By: I ~¿il- me: ,JotP1 ~ S r¡{~e/fk~L Títle:_·--.0~7 ~kf?1R- 66587 C,,:di¡j¡i~¡te of Sak~ Bodjy21309-1B82. ¡9-5--11875} P<~f!~ J of $ .. 0'921.177 ACKNOWL.EDGMENT STi\TEOFV\lYOfvllNG ) ) SS. COUNTY OFUNCOLN) ooos4ó .. The f?regoing ínstr~~nt ~ya$ subscribed in my acknowl$dged before me by .......~,~..,...~Q\~j1:!tÙ1\Ûì Deputy Sheriff 6fLìncoln County,State of VVyoming, this :h}J_5--............, 2006, \fv'itness my harïd and official seal, ~~~~~.~~-+;,.. UNDSEV KRALL - NOTARY Pl.Ì(uc . i CmwNŒ ~A~ ~'.J LINCOLN WVOMI~G MYCO~~~~~O MyCotnmissíon Expìres: 6) - )~- )cJ H6W7 0\:ro...~.~c.. _ ~~"..-::. .' ....LV_._ '1rot8P/ ~bi¡tF" presence änd G day of' . CertìfjcðteQf SaJe !3(id¡¡y 21309-1882 [05~ 11875j Page 4 ofa lli~~ili~~!~W} .Jm¡~W~~r¡~~? . ')i1.~ "-¡I? OQ..· . !, i ~ ...}"1 ~ -.w 000841. 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 upôn 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 June 19, 2002 (the "Mortqaqe"), and recorded on June 20, 2002 as/in Book 492 PR at Page 410 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for L'1ncoln County, State of Wyoming, wherein Allen H. Bodily, a single person ("Mortgagor(s)"), the named mortgagor(s), and Wells Fargo Home Mortgage, 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 maiied, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 70060810000004188638 CERTIFIED MAIL NO. FSN: 7006 0810 0000 0419 3328 Allen H. Bodily 1888 County Rd. 114, Freedom, WY 83120 CERTIFIED MAIL NO. NOI: 70060810000004188645 CERTIFIED MAIL NO. FSN: 70060810000004193335 Occupant 1888 County Rd. 114, Freedom, WY 83120 CERTIFIED MAIL NO. NOI: 70060810000004188621 CERTIFIED MAIL NO. FSN: 70060810000004193359 Allen H. Bodily P.O. Box 9196 Jackson, WY 83002 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 26, 2006 and the date of the first publication ofthe notice of foreclosure sale was July 13, 2006. FURTHER AFFIANT SA YETH NAUGHT. 66597 Certificate of Sale Bodily 21309-1892 [05-11875] Page 5 of 8 ~?i¡íi*m~~ :OO?1177 ...:JJ :"'1' ....~..,.,,:.,,- 000842 (307) 234-1000 Subscribed ~ my presence and sworn to before me .by P. Jaye Rippley this <l-ll day of Uí1 ~ 2006. Witness my hand and official seal. 1/nfJ!!!i t. eO{jJY¡h Notary Public My Commission Expires: MARY E. LOWNDES· NOTARY PUBLIC County of State of Natrona Wyoming My Commission Expires Oct. 27, 2009 66597 Certificate of Sale Bodily 21309-1892 [05-11875] Page 6 of 8 Oo?117'7 J~""~'\''¡;I 000843 EXHIBIT B KEMMERER GAZETTE ~UßLlSHER'S AFFIDAVIT Kemmerer vJyorning . AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmere~~ WY0!!li_n_g-,-__ ; ,FORECLOSURE SALE NOTICE . WHEREAS, default in the paymept of princip1l1 and interest has occurred under the terms'ofa promissory note (tþe "Note") dated June 19,2002, ex- ecuted and delivered byAIJen H. Bodily; a single person ("Mortgagor(s)") to WeIJs FargoHome Mortgage, Inc., and areal estate mortgage (the "Mort- gage")'ofthe same date securing the Note, which Mortgage was executed and, delivered by said Mortgagor(s),tosaid Mòrtgagee, and which Mortgage was recorded on June 20, 2002, in/as Book 492PR at Page 410 in the records of the office of the County Clerk and ex-offidpRegister of Deeds'inan~for Lincoln County, State of Wyoming; and ,'. . . . . . ., ' ¡WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgag~e declares to have become operative, and no suit or proceeding has been institÍ1tedatIaw to recover the debt secured by the Mort- gage, or any part thereof, nor has any such ,suit or proceeding been instituted , and the same discontinued; and . ..... '.,. WHEREAS, written notice of intent to foreclose the Mortgage byidverc tisement and sale has been served upon.the record owner and the p¡1rty',iIi possession of the mortgaged premises atIeast ten(lO) days. prior to the come mencement of this publication, and the amount due upon the Mortgage on the ,date offirst Pu!Jlicllti0lJ.()ft?~~()ticeof~~!~_heingJh~J_otª1 S\!!TI9UUQ>.l40;53_ - - , . which sum consists of the unpaid principal balance of $121,264.681)16s in"' teresf accrued to the date of the first publication orthis notice in theainount . .of $9,296.25, plus anescrow advance in the amount of $1,400.71, plus,other outstanding charges in the amount of $332.27, less a credit ill the amount of $2;153.38, plus attorneys' fees, costs expended,and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be sllbjectto other liens and encumbrances that wiII not be extinguished at the sale. Any pro- spective purchaser should research the status of title before submitting a bid; f ROXANNE RUDY - NOTARY PUBLlG - COUNTY OF STATE OF UNCOLN WYoMING MVCOMMISSrON EXPIRES 1/31/09 'NOWTHEREFôRifWêlIspärgo Bank; NA, SUccessor in interest ,to WelIs F~go Ho:më Mortgage, Inc:, as the Mortgagee, wiII have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public vendue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o 'dock in the forenoon on August 8, 2006 atthe front door of the Lincoln County Courthouse in Kemmerer, Lincoln County, Wyoming, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as fol1ows, to-wit: . That part of the SW1/4SEl/40fSection 16, T35N,R119W, Lincoln County, Wyoming, being part of those tract's of record in the Office. of the Clerk of Lincoln County in Book 298 of Photostatic Records on page 6, and in Book 311 Photostatic Records on page 535 described as fol1ows: . BEGINNING at a point N84° -31'-40 "W, 1621.39 feet from the southeast corner of said Section 16, found as described in the Corner Record filed in said Office; , \ ' thence S62°-17'-14"W, 147.58 feet, along the center line of an existing access road, to a point; . thence N27~-42'-46"W, 147.58 feet, perpendicular to said centerline, to a point; '. thence N62° -17'-14"E, 147.58 feet, paral1el \vith said centerline to Ii point; thence S27° -42'-46"E, 147.58 feet to the POINT OF BEGINNING TOGETHER with the right of ingress and egress over and across that part of that tract of record in the Office of the Clerk of Lincoln County in Book 298 of Photostatic Records on page 6, being part of SWl/4SEl/4, lying apd being situate within the bounds of the foIJowing descri~ed strip ~f land: A strip of land thirty feet in width, with the centerlIne descnbed as fol- lows: BEGINNING at a spike within the bounds of the Freedom North County; Road No. 12-114, S77° -58'-53"W, 3318.73 feet from the southeast corner of;' said Section 16, found as described in the Corner Record filed in said Office;' thence N66° -22'-40"E, 144.60 feet to a spike; thence N62° -17'-14"E, 1546.24 feet to a point; thence continuing N62°-17'-14"E, feet to a point, N 84° -31'-40"W, 1621.39 from the said southeast corner; SUBJECT to easements of sight and record; the BASE BEARING for this survey is the east line of theSE 114 of Sec- tion 16, T35N, R119W, being North; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" alumi- num cap inscribed "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced with two (2) 5/ 8" x 24" steel reinforcing rods with a 2" aluminum caps inscribed "SUR- VEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; ,. ~:-~._.'L _, .1 ST ATE 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 puhlished in said newspaper for~inserions, the first publication having been ma<te on the '-b- J 3 - day of JUÅ.r A.D., 20 [} Go , and the last publication on the 31'__¿ day of f}tlLj M-4'- 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 111 the newspaper proper, and 111 a nOI supplement. sen, Publisher Subscribed in my presence and sV/orn to il- It) day of A.D., 20 00 . before me on this ÆLtJu./.,dJ I ~#A-I' kd¡ all in accordance with the plat prepared to be filed in the Omce ot the Clerk of Lincoln County titled "TODD ROBINSON AND LAURIE ROBINSON PLAT OF TRACT AND EASEMENT WITHIN SWl/4SEl/4 SECTION 16 LOT 1 NWI/4NEI/4 SECTION 21 T35N Rl19W LINCOLN COUNTY, WYOMING dated 13 July 1994." with an address of 1888 County Rd. 114, Freedom, WY 83120 , Together with all improvements thereon situate and all fixtures and appur" tenances thereto. Wells Fargo Bank, N.A., successor in interest to Wel1s Fargo Home . Mortgage, Inc. By: P. Jaye Rippley Brown, Drew & Massey, LIP 159 North Wolcq\tStreet, Suite 2~ ..'''.;..........., . ....... ...C·', ',:I':¡':-';'oming82W1, ··;:::;t~::::::::::;;::h: . July 13 20 27· August 3 .2006,. '.. " :'.,":'":,,-'~'. . . , 07138: ',~!,!.!._... '-'_I..>. _ ' , , _ ,. · 01 -i .-.!7 o 9 ,~l ..J., "~¡", l 000844 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 $700.00 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 whén so added to the debt involved shall be only as compensation for services actually rendeíed in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. SUbscribe(t, my presence and sworn to before me by P. Jaye Rippley this 5L- day of {)1Á12.l-, 2006. . Witness my hand and official seal. 'Îì10Jv~ E. £ø11)}jp~ Notary Pu lie My Commission Expires: MARY E. LOWNDES - NOTARY PUBUC County of State of Natrona Wyoming My Commission Expires Oct. 27,2009 66597 Certificate of Sale Bodily 21309-1892 [05-11875] Page 8 of 8 ~i~~~jm{i@