HomeMy WebLinkAbout929964
: ss.
RECEIVED 6/4/2007 at 11:11 AM
RECEIVING # 929964
BOOK: 660 PAGE: 422
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
The State of Wyoming
)
County of Lincoln
)
CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
~~ X'--;f;;t<..V-it/¿l¡,¡, oflawful age, being first duly sworn upon his oath according to
law, d os s and says:
1. He is now, and was at all times herein mentioned, a duly appointed, qualified and
acting Deputy Sheriff of Lincoln County, Wyoming.
2. The Sheriff of Lincoln County, Wyoming, Todd Smith, and the mortgagee caused a
notice of the following described mortgage foreclosure sale to be published once a week for four
consecutive weeks, in the Kemmerer Gazette, a newspaper printed, published and of general
circulation in the County of Lincoln, State of Wyoming, the said publication having been made on
April 26 and May 3, 10 and 17, 2007; that said Notice of Mortgage Foreclosure Sale was given in the
manner and for the time required by law; that all acts had and done hereunder were in accordance
with and confonnity to the requirements of law in such case made and provided; and that an
Affidavit of Publication of said Notice of Mortgage Foreclosure Sale, together with a true copy of
said Notice, is attached hereto, marked "Exhibit A", and by this reference made a part hereof.
ft.
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3. On the 29th day of May, 2007, at the hour of 10:00 o'clock a.m., at the :&ont door of
the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer, Wyoming, the same
being also the place of holding the District Court in said County, and at public venue, to the highest
bidder for cash, he offered for sale the following described lands, premises and collateral being sold
in bulk as one lot, Wd sold the same for the sum of $ -¡ ð~ OOl) to
P () ()L...f. 11 fJlUC~ ¿t-ì/.1 -tSa1 ,I i~ the owner and holder of said mortgage and promissory note
secured tlÍereby, and having bid fairly and in good faith therefor, and being the highest and best
bidder, and that being the highest sum bid for same, all of said lands and premises being particularly
described as follows, to-wit:
.-'
)
LOTS 30 AND 31 VIOLA SUBDIVISION PHASE NO.1, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF KNOWN AS 43 BIG SPRING DRIVE, LABARGE, WY.
4. The lands and premises were sold pursuant to the provisions of the Notice of
Mortgage Foreclosure Sale hereinabove described, and under and by virtue of the power of sale and
authority contained in that certain Mortgage dated September 20, 2005, made, executed and
delivered by Paul M. Mahaffey and Tara L. Mahaffey, as mortgagors to American Bank, a division
of Rocky Mountain Bank (Rocky Mountain Bank"), as mortgagee, which mortgage deed was filed
for record in the office ofthe County Clerk and Ex-Officio Register of Deeds within and for Lincoln
County, Wyoming, on the 10th day of October, 2006, as record entry 912460; and that the debt
secured by said mortgage deed, at the time of said sale, including principal, interest, advances, fees,
costs and expenses of foreclosure was the actual sum of$411,591.80 as follows:
Amount due on Principal and Interest as of 4/16/07
$407,243.53
Interest to Date of Sale :&om 4/16/07
$4,252.27
Publication of Notice
$96.00
TOTAL
$411,591.80
AMOUNT BID
$ I ~9. tX)(J I..ÇÞ-
I
DEFICIENCY
$ 222, 5q I,~O
1
032936'1'
000423
5. Prior to the aforesaid sale of the within-described lands premises and collateral, there
was also duly filed with said Deputy Sheriff affiant herein, by Julie Z. Waters, secretary for Clark D.
Stith, the attorney representing mortgagee, an affidavit of mailing of notice of intent to foreclose
mortgage by advertisement and sale, said affidavit being duly made and executed pursuant to the
provisions ofW.S. § 34-4-103, 1977, an executed true copy of which affidavit is attached hereto,
marked "Exhibit B", and by this reference made a part hereof.
6. Rocky Mountain Bank, being the purchaser of all the above-described lands and
premises as aforesaid, Rocky Mountain Bank, its successors and assigns, will be entitled to a deed
for said lands, premises and collateral on and after September 28,2007, said date being after the
expiration of three months and thirty days from the date of sale, unless the same shall be redeemed
prior to that date as provided by law.
IN WITNESS WHEREOF, he has hereunto signed his name this ,J1-A day of d4c;;r ,
2007.
The State of Wyoming )
: ss.
County of Lincoln )
The foregoing instrument was acknowledged before me by :r û ~ ;.¡
Deputy Sheriff of Lincoln County, Wyoming, this -;;2 Q-f41ay of m ~ 'j
Witness my hand and official seal.
Yao/<:'tn ¿¡#,
,2007.
My commission expires:
"..}ft':'~:~-.1'Î""'(':';~""""~~~~~r.:-:,:!... _
i' \:, ?'a~¡\ Stith, Notary PubJIè ~
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\; IIC'(~IONEXPIRES ~ '"
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CÄ4_~
Notary Public
2
09Z9964 \ .
EXHIBIT" A"
000424
3
09Z936Lt .'
NOTICE OF MORTGAGE FORECLOSURE SALE
WHEREAS, the power of sale in the following-described Mortgage, duly recorded as
hereinafter specified, having become operative by default as a condition of such Mortgage by
the Mortgagor, and no suit or proceeding having been instituted to recover the debt thereby
secured, òr any part thereof, American Bank, a division of Rocky Mountain Bank, the
mortgagee therein, hereby states and gives notice that:
1. The aforesaid Construction Mortgage, given and executed by Paul M. Mahaffey and
Tara L. Mahaffey, on September 20,2005, and recorded on October 10, 2005 as
record entry 912460 in the Office of the Lincoln County Clerk and Ex-Officio
Register of Deeds of Lincoln County, Wyoming, to American Bank a Division of
Rocky Mountain Bank, to secure a promissory note dated September 20, 2005, from
Paul M. Mahaffey, as modified by a Change In Terms Agreement dated July 18, 2006
and a further Change In Terms Agreement dated January 2, 2007,which mortgage and
promissory note are presently in default under the terms and provisions of said
mortgage and promissory note, occurring as a result of non -payment of the promissory
note plus accrued interest
2. The name of the Mortgagors in said Construction Mortgage are Paul M. Mahaffey and
Tara L. Mahaffey, and the name of the Mortgagee in said Mortgage is American
Bank a Division of Rocky Mountain Bank. '
3. ' A written notice of intent to foreclose the aforesaid Mortgage by advertisement and
sale has been served upon Paul M. Mahaffey and Tara L. Mahaffey, the record
owners, by certified mail with return receipt, mailed to the last known address of said
record owners on the 3rd day of Apri~ 2007, and to the person(s) in possession on the
3rd day of April, 2007.
4. The amount claimed to be due thereon as of the date hereof, principal balance, plus
accruing interest at the rate of9.25% as of April 16, 2007, is $407,243.53 for a total
due of$407,243.53, together with accruing interest from April 16, 2007, at the rate of
$98.89 per diem, along with the costs of foreclosure.
5. The mortgaged premises is known as 43 Big Spring Drive, La Barge, Lincoln County,
Wyoming, otherwise more particularly described as follows:
LOTS 30 AND 31 VIOLA SUBDIVISION PHASE NO.1, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF KNOWN AS
43 BIG SPRING DRIVE, LABARGE, WY
The property being foreclosed upon may be subject to other liens and
encumbrances that will not be extinguished at the sale and any prospective
purchaser should research the status of title before submitting a bid.
6. That by virtue of the power of sale contained therein, said Mortgage will be
foreclosed by sale of the above-described mortgaged premises, or so much thereof as
may be necessary, at public venue by the Sheriff or Deputy Sheriff of Lincoln County,
Wyoming, on the stairs of the Courthouse in Kemmerer, Wyoming at 925 Sage
Avenue, Kemmerer, Wyoming, at 10:00 o'clock A.M. on Tuesday, the 29th day of
May, 2007, to satisfy the aforesaid amount, and accruing interest, advances, costs,
attorney fees and expenses of foreclosure.
1
000425
DATED the 17th day of April, 2007.
092936'1 "
\
American Bank a Division of Rocky Mountain
Bank, Mortgagee
,
CL~.STf~
Attorney for Mortgagee
PUBLISH: April 26 and May 3, 10, and 17,2007.
2
000426
KE~RER'GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
ROXANNE RUDY - NOTARY PUBLIC
COUNTY OF STATE OF
,UNCOLN WVCMING
MY COMMISSION EXPIRES 1131/09
U~~~~üq;
~......,.,.. ......... ..
Kemmerer VJyoming
-
STATE OF V1YOMJNG
) ss.
County of Lincoln
I, Michael Jensen, do solemnly swear that
I am the publisher of the ' Kemmerer
Gazette, a weekly. paper '. of generål
circulation, published once a .week at
Kemmerer, Linèoln County, Wyoming;
that the notice attached hereto, and which
, is part of the affidavit, was published in
said newspaper for ~nserdons, the
first publication having been made on the
~ day of Ap;u.Þ- 0
A.D., 20..Q:J, and the last ppblication Qn
the 11'1'1.- day of ,YY\~.
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 in the
newspaper proper" and nol In a
supplement.
~se~. Publisher
-:
Subscribed in my presence and sworn to
before me
~~
'fu.¿-~
on this J ~~ day of
A.D., 20..Q:L.
~~
0929964 '
EXHIBIT "B"
000428
: ss.
O~Z936'1'
000'129
The State of Wyoming
)
County of Sweetwater )
AFFIDAVIT OF MAILING
Julie Z. Waters, oflawful age, being first duly sworn upon her oath according to law, deposes
and says:
1. I am the secretary for Clark D. Stith, who represents American Bank, a division of
Rocky Mountain Bank ("Rocky Mountain Bank"), in its foreclosure ofthat certain mortgage dated
September 20,2005, recorded October 10,2005, as record entry 912460 in the Office of the Lincoln
County Clerk and Ex-Officio Register of Deeds of Lincoln County, Wyoming, wherein Paul M.
Mahaffey and Tara L. Mahaffey are mortgagors and Rocky Mountain Bank is mortgagee.
2. On the 3rd day of April, 2007, I deposited in the United States Post Office at Rock
Springs, Wyoming, a Notice of Intent to Foreclose Mortgage, postage prepaid and addressed and
sent by certified mail, to the following named persons, at their last known addresses, and the owners
of record and persons in possession, of the mortgaged premises:
Paul Mahaffey
43 Big Springs Drive
La Barge, WY 83123
Paul Mahaffey
P.O. Box 423
La Barge, WY 83123
Tara Mahaffey
43 Big Springs Drive
La Barge, WY 83123
Tara Mahaffey
P.O. Box 423
La Barge, WY 83123
3. A true and correct copy of said Notice of Intent to Foreclose Mortgage is attached
hereto, marked "Exhibit A", and by this reference made a part hereof.
QuJ1.l~
Julie~. Waters
~
~u
Subscribed and sworn to before me this 25th day of May, 2007, by Julie Z. Waters.
My commission expires:
~
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_'''~I::'..rt~''{fµ1''.j.'';'Ir...,,",~~ ~
~S~t Notary~;;--' -'~Notary Public -
æ SWEETWATER = I
p. ,
',~, MY COMMISSION EXPIRES QII~ZO'J I
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OSZ9S6,*>
EXHIBIT "A"
000430
09Z9S64
000431
NOTICE OF INTENT TO FORECLOSE MORTGAGE
RLE COPY-RIiC""1iD
APR 0 3 21)07
TO: Paul M. Mahaffey
P.O. Box 423
43 Big Spring Drive
La Barge, WY 83123
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular
W.S. § 34-4-103 (1977), you are hereby notified that American Bank, a division of Rocky
Mountain Bank, mortgag<?e, intends to foreclose by advertisement and sale that certain
construction mortgage given and executed by Paul M. Mahaffey and Tara L. Mahaffey, on
September 20, 200, and recorded on October 10,2005 as record entry 912460 in the Office of
the Lincoln County Clerk and Ex-Officio Register of Deeds of Lincoln County, Wyoming, to
American Bank a division of Rocky Mountain Bank, to secure a promissory note dated
September 20,2005, from Paul M. Mahaffey, as modified by a Change In Terms Agreement
dated July 18,2006 and a further Change In Terms Agreement dated January 2, 2007,which
mortgage and promissory note are presently ill default under the terms and provisions of said
mortgage and promissory note, occurring as a result of non-payment of the promissory note
plus accrued interest. The principal balance, plus accruing interest at the rate of9.25% as of
April 3, 2007, is $405,957.96 for a total due of $ 405,957.96, tøgether with accruing interest
from April 4, 2007, at the rate of$ 98.89 per diem, and costs and expeÌ1ses offoreclosure.
Rocky Mountain Bank elects and hereby declares all sums secured by the mortgage to be
immediately due and payable without further demand, and invokes the power of sale under
the mortgage and any other remedies provided by law. The real property covered by said
Mortgage, and which will be sold, pursuant to said foreclosure, by advertisement and sale to
satisfy the Mortgage indebtedness hereinabove set forth, is described as follows: '
1
000432
LOTS 30 AND 31 VIOLA SUBDIVISION PHASE NO.1, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF KNOWN AS 43 BIG SPRING DRIVE, LABARGE, WY.
------ --
THIS NOTICE is sent to the record owner and mortgagor of the mortgaged premises
hereinabove described, by certified mail, with return receipt requested, mailed to your last
known address or posted at the premises at least ten (10) days before the commencement of
the publication of the notice of sale. Pursuant to Wyo. Stat. § 34-4-103, Rocky Mountain
Bank may, and intends, to commence foreclosure after ten days (10) ófthe mailing of this
notice.
DATED this 3rd day of April, 2007.
American Bank, a division of Rocky Mountain Bank
By:
~~
Clark D. Stith r
Attorney for Mortgagee
505 Broadway
Rock Springs, WY 82901
Office: 307-382-5565
Fax: 307-382-5552
2
· ._ __~ ¡....OIlYID
At-I< U J Z007
NOTICE OF INTENT TO FORECLOSE MORTGAGE
092996£1
000433
TO: Tara L. Mahaffey
P.O. Box 423
43 Big Spring Drive
La Barge, WY 83123
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular
W.S. § 34-4-103 (1977), you are hereby notified that American Bank, a division of Rocky
Mountain Bank, mortgagee, intends to foreclose by advertisement and sale that certain
construction mortgage given and executed by Paul M. Mahaffey and Tara L. Mahaffey, on
September 20, 200, and recorded on October 10,2005 as record entry 912460 in the Office of
the Lincoln County Clerk and Ex-Officio Register of Deeds of Lincoln County, Wyoming, to
American Bank a division of Rocky Mountain Bank, to secure a promissory note dated
September 20,2005, from Paul M. Mahaffey, as modified by a Change In Terms Agreement
dated July 18,2006 and a further Change hi Terms Agreement dated January 2,2007 ,which
mortgage and promissory note are presently in default under the terms and provisions of said,
mortgage and promissory note, occurring as a result of non-payment of the promissory note
plus accrued interest. The principal balance, plus accruing interest at the rate of9.25% as of
April 3, 2007, is $405,957.96 for a total due of $ 405,957.96, together with accruing interest
from April 4, 2007, at the rate of$ 98.89 per diem, and costs and expenses of foreclosure.
Rocky Mountain Bank elects and hereby déclares all sums secured by the mortgage to be
immediately due and payable without further demand, and invokes the power of sale under
, the mortgage and any other remedies provided by law. The real property covered by said
Mortgage, and which will be sold, pursuant to said foreclosure, by advertisement and sale to
satisfy the Mortgage indebtedness hereinabove set forth, is described as follows:
1
VUV~~fj:
LOTS 30 AND 31 VIOLA SUBDMSION PHASE NO.1, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF KNOWN AS 43 BIG SPRING DRIVE, LABARGE, WY;
TillS NOTICE is sent to the record owner and mortgagor of the mortgaged premises
hereinabove described, by certified mail, with return receipt requested, mailed to your last
. mown address or posted at the premises at least ten (10) days before the commencement of
the publication of the notice of sale. Pursuant to Wyo. Stat. § 34-4-103, Rocky Mountain
Bank may, and intends, to commence foreclosure after ten days (l0) of the mailing of this
notice.
DATED this 3rd day of April, 2007.
American Bank, a division of Rocky Mountain Bank
By:
~A ~
Clark D. Stith.....~
Attorney for Mortgagee
505 Broadway
Rock Springs, WY 82901
Office: 307-382-5565
Fax: 307-382-5552
2
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