HomeMy WebLinkAbout876143 SHERIFF'S CERTIFICATE P JRCHASE ""
FORECLOSURE SALE dF ,r, ;,
THIS CERTIFICATE made on the date below written by the Sheriff of Lincoln ....
County, State of Wyoming, to U. S. Bank National Association~ of P.O. Box 2407~
Minneal~olis~ Minnesota 55402.
WHEREAS, a Mortgage` was executed by C. J. Books, Inc., A Wyoming
Corporation on September 22, 1999, to U.S. Bank National Association, Mortgagee, for
the following described real property:;.
Parcel 1:
Lots 1 and 2 of Block 60 of the Second Addition to the
Town of remmerer, Lincoln County, Wyoming, as
described' on the official plat thereof.
Parcel 2:
The Easterly 79 Feet of Lot 8 of Block 52 of the Second
Addition to the Town of remmerer, Lincoln County,
Wyoming, described as follows:
Beginning at the Northeasterly corner of said Lot 8 and
running the southerly along the easterly boundary of said lot
a distance of 50 feet; thence westerly along the southerly
boundary of said lot a distance of 79 feet; thence northerly
at .right angles, a distance of 50 feet to the northerly
boundary of said lot; thence easterly along said northerly
boundary thereof, a distance of 79 feet to the point of
beginning, being 50 feet fronting Pine Avenue:, also known
as 1002 and 1117 Pine Avenue, Kemmerer, WY 83101.
which Mortgage was on October 5, 1999, duly recorded book 436 pr page 563, in the
Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln County,
Wyoming. The current record owner of the property is C. J. Books, Inc. a Wyoming
Corporation.
WHEREAS, a delinquency in payments occurred, pursuant to provisions of said
Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale
contained in said Mortgage to be operative; that pursuant to the provisions of Wyoming
Statutes, 1977, §34-4-101 through §34-4-113 , I, Klm CZark, Deputy
Sheriff ., do hereby certify that the property foreclosed is situated in
Lincoln county, Wyoming, and more particularly described above, and was duly advertised
in the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming
for four (4) consecutive weeks, to wit: August 16, 23, 30, September 6, 2001, as is more
fully shown by the Affidavit of Publication attached hereto; and
THAT said prope~y was sold in one parcel at public vendue in accordance with
the Notice of Foreclosure Sale at the date and time set forth, to wit: September 12, 2001
at 10:00 a.m. Said sale was made by me, and the above described property was sold to U...:
S. Bank National Association~ of P.O. Box 2407~ Minneapolis~ Minnesota 55402~ in
the~sUmof $100,000.00 ; and
THAT by virtue of the sale and purchase, the payment of money as described
above by the Purchaser, and the authority vested in me thereby and by law, I hereby give
and grant this, my Certificate of Sale, to U. S. Bank National Assoeiation~ of P.O. Box
2407~ Minneapolis~ Minnesota 55402~ and do hereby certify that the Purchaser, or the
Purchaser's assignee, will be entitled to a Sheriffs Deed at the expiration of 3 months and
thirty (30) days from thedate of this sale, unless the same shall have been redeemed prior
to that date as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
SePtember ,2001.
SHERIFF OF LINCOLN COUNTY
STATE OF WYOMING
Deputy
STATE OF WYOMING }
~' } SS.
COUNTY OF LINCOLN )
On this 12th day of September , 2001, before me personally
appeared I(±m Clark ., to me personally known, who executed the
foregoing instrument and acknowledged that he executed the same as his f~ee act and deed
for the purposes therein set forth.
Witness my hand and official seal.
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f-'::~~--'~~fi::--~ ,~otary ~dblie ......
My C0mmissi0n Ex~lres ,, d/,r ~-~: _ 1
~===~:==::=~===:: ...... My Commission Expkes:
AFFIDAVIT OF MAILING
STATE OF WYOMING }
COUNTY OF LARAMIE }
I, John C. Patton, being first duly sworn upon my oath, depose and state as follow:
1. That ! am an Attorney at Law and I have been admitted to practice in the State
of Wyoming. I am a member of the firm of Patton & Davison, Attorneys At Law, and I am
a resident of the State of Wyoming..
2. That ! caused a Notice of Intent to Foreclose Mortgage by advertisement and
'sale to be sent to:
Record Owners:
C. J. Books, Inc., A Wyoming Corporation
1336 Uinta Drive
Kemmerer, WY 83101
Chapter 7 Trustee
Gary A. Barney ..
267 Main Street
Lander, Wyoming 82520
Parties in possession: ..
The property is vacant. There is therfore no party in possession.
and to all junior lien holders disclosed by a foreclosure guarantee, by Certified Mail with
Return Receipt Requested, on August 2, 2001 at least ten (10) days before the
commencement of publication of the Notice of Sale.
FURTHER AFFIANT SAYETH NAUGHT.
DATED September 12, 2001.
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
The foregoing instrument was subscribed and sworn to before me by JOHN C.
PATTON on September 12, 2001.
Witness my hand and official seal.
~otary ~ub~/~-
My Commission e
ATTORNEY'S FEE AFFIDAVIT
STATE OF WYOMING } ~'
} ss. 4 3 [)
COUNTY OF LARAMIE }
I, John C. Patton, being first duly sworn upon my oath, depose and state as follow:
1. That I am an Attorney at Law and ! have been admitted to practice in the State of Wyoming. I
am a member of the firm of Patton & Davison, Attorneys At Law and I am a resident of the State of
Wyoming.
2. That this Affidavit is being filed pursuant to the provisions of §34-4-112, Wyoming Statutes,
1977, and has been filed with the Sheriffbelow named.
3. That on September 12, 2001, the Sheriff caused a Mortgage to be foreclosed in Lincoln
County, Wyoming and that the mortgaged premises were sold by the Sheriff of Lincoln County at 10:00
a.m. on said date.
4. That there is no agreement, express or implied, between himself and my client, U. S. Bank
National Association, of P.O. Box 2407, Minneapolis, Minnesota 55402, nor between myself and any
other person for any sharing or division of the $800.00 fee which was charged for this foreclosure except
with partners of Patton & .Davison or other attorneys as we may hire to participate in the foreclosure
action, or other parties entitled to a fee through foreclosure network agreements.
5. That the mortgage referred to was given by C. J. Books, Inc., A Wyoming Corporation, to
U.S. Bank National Association, Mortgagee, for the following described real property:
Parcel 1:
Lots 1 and 2 of Block 60 of the Second Addition to the Town of Kemmerer,
Lincoln CoUnty, Wyoming, as described on the official plat thereof.
Parcel 2:
The Easterly 79 Feet of Lot 8 of Block 52 of the Second Addition to the Town of
Kemmerer, Lincoln County, Wyoming, described as follows:
Beginning at the Northeasterly comer of said Lot 8 and running the southerly along
the easterly boundary of said lot a distance of 50 feet; thence westerly along the
southerly boundary of said lot a distance of 79 feet; thence northerly at right angles,
a distance of 50 feet to the northerly boundary of said lot; thence easterly along said
northerly boundary thereof, a distance of 79 feet to the point of beginning, being 50
feet fronting Pine Avenue.
which mortgage was recorded on October 5, 1999, book 436 pr page 563, in the Office of the County
Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the
property is C. J. Books, Inc. a Wyoming Corporation.
FURTHER AFFIANT SAYETH NAUGHT. ~b~,' 2001.
John C~. P~on
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
The foregoing instrument was subscribed and sworn to befbre me by JOHN C. PATTON on
September 12, 2001.
Witness my hand and official seal.
t~otar~ Pub(~ ---~ .~.
My Commis
PROOF (2)f'-' F'UBLIGATIOIN
VIII'; .WI'A'I'I,; Ill,' \VYI)MINI' i
(]mlnl. y of l,imx~ln
~~..... ).'~~ NOTICE OF FORECLOSURE SALE '
~~. irs[ ~l~l.' ~3~'~rn Default having been made in the conditions of that certain Mortgage deed dated
September 22, 1999, given by C.J. Books. Inc.~ A Wyoming Corporation, to U.S. Bank
(lt:l)C)~s ;ind says [h:tL .... ' is National Association. to secure the payment of one cerlajn Promissory Note of even
..of The I( I';M M I,; I{ f,;ll Parcel I: . ..
GAZETTE, a newsI~;~lmr {~f Lots l'and2ofBIotkO0oflheSecondAdditiont01heTownofKemmerer, Lincoln
gener,',l circutatitm, I)ulflishttd :t[ County. Wyoming, as described on the official plat thereof.
· Parcel 2:
I(emmerer; Lincnln (;~n~nl y, in The Easterly 79 Fegt of Lot 8 0[Block 52 of the Second Addition to the Town of
the SLate of Wyoming_ Kemmerer, Lincoln County, Wyoming, described as t~llows:
Beginning at the Northeasterly corner of said Lot 8 and running.the southerly along
ThaL the notice, a lrm. ~:~l~3' of the easterly boundary of said lot a distance of 50 Iket; thence westerly along the
wh'ich is hereto att:tch{:d, was soulherlyboundaryofsaidloladistanceof791~et:thencenortherlyatrightangles, a
distance of 50 l~et to the northerly boundary of said lot: thence easterly along said' '
Im blisl~ed on the .... (lay northerly boundary thereof, a dislance of 79 I~et to the point of beginning, being 50 feet
C~*~. ~O:'j frontingPineAvenue, alsoknownallOO2andlll7PineAvenue, Kemmerer;Wy
of ..... , and 83101.
wlm published n e; th .;~ 't'~x:~ - Whichmorlagewas~nOcloberS, 1999. duly rec0rded Book 436 PR Page 563, in
the Office of Ihe County Clerk and Ex-Officio Register of Deeds of Lincoln Countyi
' Corporation. That the hole is in default: and .
...... WHEREAS, the default in said Mortgage has occurred by. reasOn of the failure of'
of ~~.. , ~]_. the Mortgagor or assignees to pay the principal and the interest due thereon when the
l.m~n g a period of .._~' same became due and payable and said Mortgage contained a powerofsaleto the effect
that a default occurring in the condilions thereof will authorize the Mortgagee or its
successive weeks. T.h a 1. :~;~id assigns at its or their option to declare the debt secured thereby t0 be d~e and payable
newspaper is publish(:d wtxf..ly,' andproceedaccordingtolawloadvertiseandsellsaidpropertytosatisfythesame;and
, of each xx,(~l( WHEREAS. no suit or proceeding has been instituted at law to recover the debt
rema'ining secured by said Mortgage, or any part thereof, or'if instiiuled such action has
been discontinued; and U.S. Bank National Association, of P.O. Box 2407, Minneapo-
......... lis, Minnesota 55402, is the ownor of said Note and Mortgage; and '
WHEREAS, written notice of intent to foreclose the Mortgage by advertise~nent
and sale has been served up0p the record owner and party in possession more than ten
O ·
.... ub~cr~bed 'and sworn I.t~ lm days'prior tothe first date of publication of this notice;
f(.>r{./m e,~ the.~..~ d;tS, of NOW THEREFORE, Notice is hereby given that the above described real. property
.... - -- - ~ _ will be offered for sale and sold by the Sheriff of Lincoln County, Wyoming, or his
~~ ........ ~1'~'"') ~ Deputy, to Ihe highest bidder lBr cash'at public vendue at the t~ont ~tepS of the Lincoln
' ~~_&~ Cpunly Courthouse, Kemmerer Wyoming. at the hour 0f I0:00 a.m. on September 12,
2001. ltowever, such sale shall not be held unless a representatiye of the Mortgagee is
Notary~'u~lic. I,inco~Jo., W~ present. There is due and owing as 0f the first date or publication the sum of
, $555,206,79. Publication will be August 16, 23, 30, September 6~ 2~ I. Such su~n Will
__~M y ~om m is~l~__ex pi r{~s l l~{, continue to accrue interest, late charges, and any other penalties as provided by the
~dlty~ o~~;~~ ~O~ mortgage, all lo the dale of sale: and additionally there shall be added lo the
indebtedness all costs and attorney's l~es associated wilh the f0mclosure; ~
U.S. Bank National Ass6ciation, Mortgagee
~:-' ::~'::-~ . cio Pa~ton and Davison
Attorneys at Law
P.O. Box 945
' Cheyenne, Wyom'ing 82003
County of ~ State of Aug. 16-23-30-Sep/. 6 ' 0816D
Lincolr, ~ Wyoming .....
Uy O~mi~ion Expires 2002 ..
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners:
C. J. Books, Inc., A Wyoming Corporation
1336 Uinta Drive
Kennnerer, WY 83101
Parties iii Possession:
The property is vacant. There is therfore no party in possession.
1002 and 1117 Pine Avenue
Kemmerer, WY 83101
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular
Wyonfing Statutes {}34-4-103, you are hereby notified that U. S. Bank National
Association,. of P.O. Box 2407, Minneapolis, Minnesota 55402, Mortgagee, intends to
foreclose by advertisement and sale that certain mortgage given and executed by C. J.
Books, Inc., A Wyoming Corporation to secure a Mortgage Note given and executed by
C. J. Books, Inc., A Wyoming Corporation. The mortgage was executed on September
22, 1999 and was recorded on October 5, 1999 book 436 pr page 563, in the Office of the
County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming, to U.S.
Bank National Association. The current record owner of the property is C. J. Books, Inc.
a Wyoming Corporation. The Note is in default with the date of the last payment being
Septmnber 25, 2000. There is due and owing as of the date of first publication the sum of
$555,206.79. Such sum will continue to accrue interest, late charges, and any other
penalties as provided by the mortgage, all to the date of Sale, and additionally there shall
be added to the indebtedness all costs and attorney's fees associated with the foreclosure.
THIS NOTICE is sent to you as the record owner and or the person in possession
of the mortgaged Premises described as follows:
Parcel 1'
Lots 1 and 2 of Block 60 of the Second Addition to the
Town of Kemmerer, Lincoln County, Wyoming, as
described on the official plat thereof.
Parcel 2:
The Easterly 79 Feet of Lot 8 of Block 52 of the Second
Addition to the Town of Kemmerer, Lincoln County,
Wyonfing, described as follows:
Beginning at the Northeasterly corner of said Lot 8 and
running the southerly along the easterly boundary of said lot
a distance of 50 feet; thence westerly along the southerly
boundary of said lot a distance of 79 feet; thence northerly
at right angles, a distance of 50 feet to the northerly
boundary of said lot; thence easterly alo. ng said northerly.
boundary thereof, a distance of 79 feet to the point of
beginning, being 50 feet fronting Pine Avenue.
by certified mail, with return receipt requested, mailed to your last known address ten (10)
days before the commencement of the publication of the Notice of Sale.
In cmnpliance with the Fait' Debt Collection Practices Act, 15 USCS § 1692, we
provide you with the following no'tice and information.
(1) The amount of the debt as of the first date of publication is $555,206.79.;
(2) The name of the creditor to whom the debt is owed is U. S. Bank National
Association;
(3) U~fless you, the consumer, within thirty days after receipt of this notice, dispute
the validity of the debt, or any portion thereof, we will assume the debt to be valid;
(4) If you, the consumer, notify us in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, we will. obtain verification of the debt or a copy
of the judgment agah~st you, if applicable, and a copy of such verification or judgment will
be mailed to you by our firm; and
(5) Upon your written request Within the thirty-day period, we will provide you,
the consumer, with the name and address of the original creditor, if different from the
current creditor.
THE DATE of fi~st publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are August 16, 23, 30, September 6, 2001. Sale of the
premises will be conducted by the Sheriff of Lincoln County, Wyoming on September 12,
2001, at 10:00 a.m., at the front steps of the Lincoln Comity Courthouse, Kemmerer,
Wyoming.
Dated this ~ day of ,¢~ %~ ~.~-, 2001.
U. S. Bank National Association
By: ~v
Jolm ison
~ '~ ~ P.O. Box 945
~r "~ :> ~":~ ~'~~' °~ "~'~' ~ o ~ Cheye~me, Wyo~g 82003
.~ ~ x ~' ~~ (307) 635-4111
~. ~ ~ ~ ~ --~ Attorneys for Mortgagee
o ~1~ ~ ~m ~ ~ ~
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