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HomeMy WebLinkAbout930687 II þ~ iIIlf!\t:'04 'f". -'1.1 IF.,f! : _~ .J! "¡¡" CERTIFICATE OF SALE STATE OF WYOMING ) : SS COUNTY OF LINCOLN ) of lawful age, being first duly 1. That he/she is the duly elected and acting sheriff in and for Lincoln County, Wyoming, or his deputy, and makes this certificate of sale in that capacity. 2. That a default has occurred under the terms of (a) that certain promissory note dated March 8, 2006, executed and delivered by Tim R. Trefren ("Mortgagor") to Bank of Star Valley ("Mortgagee") and (b) that certain mortgage dated March 8, 2006, ("Mortgage") securing said promissory note, which Mortgage was executed and delivered by said mortgagor to said mortgagee and was recorded on March 13, 2007, at reception No. 916597 in Book 614 at Page 180 in the records of the Office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming, and for which Mortgage covers that certain real property described as follows, to-wit: t\ LOT 64 OF NORDIC RANCHES DIVISION NO.5, LINCOLN COUNTY WYOMING, ACCORDING TO THAT PLAT FILED AUGUST 9, 1994 AS PLAT NO. 311-0. With an address of 59 Bridal Trail, Etna, Wyoming. Together with all improvements situated thereon 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 said default, Mortgagee decided to forèclose the same I and at the request and direction of Mortgagee a written notice of default and intent 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 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 Star Valley Independent, a newspaper published in and having general circulation in Lincoln County, Wyoming, once each week for four RECEIVED 6/26/2007 at 11 :23 AM RECEIVING # 930687 BOOK: 663 PAGE: 501 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (4) consecutive weeks, commencing with the May 24, 2007, issue of said ~"£;,> newspaper and ending with the June 14, 2007, issue of said newspaper; that said notice was served on Mortgagor; that said notice complied in all respects with the requirements of the statutes relating to foreclosure of mcrtgages by advertisement and sale; and that a copy of said notice and the publishers affidavit of publication is attached hereto as Exhibit "B" and by this reference made a part hereof. 6. That on the date, and at the time and place specified in the notice of foreclosure sale, 10:00 AM on June 26, 2007, at the front door of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, 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 propet1y, and that the highest and best sum bid for the real property was the sum of $""'f,I (j'!J' SJLO b (]d Sum") which was bid and offered by A1Ù.. J1C1. f1a ý·h'l/f /ff/1¡/) , 'r /l1Cir'¡-;t1 ("Successful Bidder") and that after soliciting and ~alling for 'other and higher bids, and receiving none, 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 $1999.22 is to be paid to Scott Sargent, the attorney for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorney 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 June 26, 2007, unless the real property shall have been redeemed as provided by law. Dated at Kemmerer, þi.1P- Lincoln County, Wyoming, this cPt,y~ day of ,2007. ~,'~..-.->j)<pif l.v¡: ~ County Sheriff By: ~ ifif;1:fi I; 1;7;:J-/ Na e ~nd Title 09~t1bIj7 STATE OF WYOMING ) : SS COUNTY OF LINCOLN ) The foregoing before me by ('-..)\. )\)L ACKNOWLEDGEMENT ooosoa instrument was subscribed in my presence and acknowledged -J. ch.(' \:.fíì(\("\ this 1 ~ day of ,2007. Witness my hand and official seal. COUNlY OF LINCOLN (~1 '^ J\'\JVvO-- ~J. Notary Public ~\\\,,\IIIIIII;IiJl;, . :>."" . fl'E 01' "11; ~ st\..:..,........./;·j..~... ff ù /.. 00, ....\(%:.';'~ ~ l"" j 0, ['I'll' :. 7~ ::: ~ ~'" ""." j Of! tà ";:,.'b "~.. ., ../ -!< $ <:. .......... ~ .. (iJ .~1J ('omrt-{\,\\\~' III/OJ/II I 11\"'\\ IU~JtU~~U&.t O~(j.,,]Of~"'t:J AFFIDAVIT OF WRITTEN NOTICE OF INTENT TO RORECLOSE MORTGAGE STATE OF WYOMING ) : SS COUNTY OF LINCOLN ) SCOTT SARGENT, of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is a resident attorney licensed to practice law in the State of Wyoming and represents the mortgagee, Bank of Star Valley, in a procedure to foreclose a certain real estate mortgage dated March 8, 2006, ("Mortgage") securing said promissory note, which Mortgage was executed and delivered by said mortgagor to said mortgagee and was recorded on March 13, 2007, at reception No. 916597 in Book 614 at Page 180 in the records of the Office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming, wherein Tim R. Trefren is the named mortgagee and Bank of Star Valley is the named Mortgagor by advertisement and sale as providede by the Wyoming Statutes. 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 the Lincoln County Sheriff or his deputy at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale and that a copy of the published notice was attempted to be served by the Lincoln County Sheriff. 3. That the date of service of the notice of intent to foreclose the Mortgage was May 5, 2007, and the date of first publication was May 24, 2007. FURTHER AFFIANT SAYETH NAUGHT. ~ÉN:D~-f Sargent Law Office PO Box 847 Kemmerer WY 83101 /JC~ Sub cribed in my presence and sworn to before me by Scott Sargent this ~ day f June, 2007. OEMSE SARGENT - NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING My Convrisslon expires May 10, 2011 Witn ss my hand and official seal. EXHIBIT B O~}30687 I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do Bolemn1y swear that the notice, a copy ofwbich is hereto attached, was published 'Weekly in the regular and ~ issue of said newspaper, aDd not in any s~~£ttlent thereof; for , Ú V" consecuti\'e Ulsues, cormncncing with. the issue date /ì7 á. t/ ~ ¥ 2007, and on.ðiDgW;lhissuedaæd..:íu,n" 7 I ~ JI-~ My C01nItIissiob. expire.t Octobet~ IS, 2008 NOtary Public .' FoQCLOSUIŒ sAI.E NO'l'tcE ~, de!a:Jt .in the payment of. principal .. ' inl:ere$t h8$ 0C<:'UlTed UJRiet-. terms of a promÏ3soty, ~ ("Note") dated' Marc~ 8,'1JJDG.. executed and .dellirefCd, bfJB.L ; ~L .M~I!Pgo~, to' the &Iik I of Star .Valley. MOI'tgagec,.aQd a real ~stace ~ ('"Mortgage") of the s:une åa1E! IICCunng tb.e Note, 'whidt Mo~'wa:J exccutedand~ ered bY said Mortgagor to aid Mortgagee, and which MoJ't3alp: was record~ on.March 13...!OO&. at Reception No. 91$9'1 iø..Booi. 614 at Page 180 in the~.. j the office of tl':e Counf1 Ot:zt. ' Qd cx-olficio Registnr of .Dcllds in and £Or Lincoln ~ Wyonring;' and WHEREAs, .. Mortgage contaius a power of sale PrOvœon w~ by reasOli:o£ said default: tbc Mortgagee I dcdaret to .I:Ì.ave btco.mc ·opera-. rive, and 1\0 suit or proceeding .' has' been instituted a.t· ~aw to '. recover the debt 8CcurCd by the I ~oh.gage~ or ~ part thereof,' nOr has any sneb. suit or proceed- ing been instituted and the same ~~~~ued; ao.~ .1 'WHEREA.9, mitten notice of intent to' foreclose the Mortgage by ad~ent 'and , sale has b~~ served ~pon the rtcorc;l owner and the þarty .in ; ponessíon of, th~ n'lortga'ged. p~~ at least teh (10) days pno~ to"tbe -c:olDméncesnent of' this publication, a.nd tbt .;unourit due on the Mo~ On the date of first publication of this ForeåošUre' Sale N'dti~ 'being $81,76~.89 whicb sum COnsi8œ of the unpaid piincipal bala.nCe in ,the amOunt $77.214.06, plus interest accrued 'to', the d.te' of fint' pubUc:ation. of. th1.$ Foreclosure ~e Notice in 'the an'I.ou.nt of $8826.3.3, pl'd5 Ja~e, charges in . tb.e amount of ·$~OO..OO, 'plus other OUl3tanding ~3'. in' the " atn'Ount . of $(.25.00, plus attornoy's .fees, COSI3 expended, and accruing Înterest and late ~ after the date of first .publication of this Forocloeure S*Ilniotice; and WHEIŒAs; the property being'ÎO~cl~!=d on mar be tlub- ject to 'ollle!:' liens and encul.'n- brances that Will '!tOt be extiQ_ guished at the' llaJe~', 'Any prOsp~c-. 1tve buyer åhoti¥ *Seareh the' s~tus at title' &döt-~r'3Ubråitting a~ bid. h;. ',"'. NOW;" 'n=IEREFoRE, Bank. ,of Star ValIey, as the Mortgagee,' ·will . bavè the Mortgage foreclosed as provid¢d by law by ca.using the mortgaged ooosos pr.operty. to be $Old -at publíc. . . 'Ven~' by tñc Lincoln .County' Sbetift' or his depUtY tó :the high- est biddef for tå&h at 1D~ AM . on JUne ~6,· 200'7, . at t:I1c' lront door of the Lincoln County CowthODae, 925 Sage' Avcnuo, Kennnerex; WroII1in!, fur .appJi- cat:{on on thQ ab~escn'bed , _ounts secured. by . the ' . M~, said znortpgëd pro~ eny beiµg described q follows.: LOT 64: OF NORDIC ~CaEs DIVISION NO.5, ·LmCOI.:N ' COUN'IY WYOMING, ,ACCOJU)ING TO . THAT PLAT. P7LED AtJCUsr 9, 1994 AS'PW' NO. SII-D. . . With. an address of 59 Bridal na.1.ltrna. ~. . . " . ~ogcth.er with all in1proVCIn6.tII situated thehlon and all .fåtutes and appurte- nances ~c'reto. , M~a:uk of ~~~ ~aIt~,. By.' Stott Sargent' ' . ~t L:DrO&e' . PO Box 847 KeanitJcrer 'WY 83101 30'1:8'77.5546 .' '. " =: Mizt 24, 31, J~ '1, &: I~ --....,.. . O~)30t;~j? EXHIBIT "C" 000506 AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) : SS COUNTY OF LINCOLN ) SCOTT SARGENT, of lawful age, being first duly sworn upon his oath, does state as follows: 1 . That he is a resident attorney licensed to practice law in the State of Wyoming and represents the mortgagee, Bank of Star Valley, in a procedure to foreclose a certain real estate mortgage. 2. That as attorney for the mortgagee, he will charge fees and costs totaling $1999.22 as compensation for services actually rendered in the foreclosure proceeding as follows: Attorney Fees Title Commitment Postage Publication Costs Sheriffs Fees Recording Fees Sale Representation $875.00 $454.00 $ 9.22 $510.00 $ 70.00 $ 31.00 $ 50.00 $1999.22 Total 3. That the above referenced fee for services and costs incurred in connection with the foreclosure sale shall be retained entirely by Scott Sargent. There is no agreement, express or implied, between Scott Sargent and the Bank of Star Valley, or between Scott Sargent and any other person not a practicing attorney in the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee and costs to be added to the debt involved, and said fee and costs 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 the practice of law in the State of Wyoming and residing herein. FURTHER AFFIANT SAYETH NAUGHT. ~TI~G~~ Sargent Law Office PO Box 847 Kemmerer WY 83101 OOOS\\}í ¡' 09;J06817 IJ /J /Jr:: y!::' Subscribed in my presence and sworn to before me by Scott Sargent this ..ci.!:2 day of June, 2007. Witness my hand and official seal. DENISE SARGENT - NOTARY PUBlIC COUNTY OF LINCOLN WYOMING My COrmission Expires May 10, 2011 STATE OF