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Home My WebLink About932331 CERTIFICATE OF SALE RECEIVED 8/21/2007 at 11: 14 AM RECEIVING # 932331 BOOK: 669 PAGE: 465 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING ) : SS ) 000465 COUNTY OF LINCOLN CLLf£_ßa~d sworn upon his/her 0 th, states as follows: 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/her 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 August 25, 2006, executed and delivered by Phil Lason ("Mortgagor") to Bank of Star Valley ("Mortgagee") and (b) that certain mortgage dated August 25, 2006, ("Mortgage") securing said promissory note, which Mortgage was executed and delivered by said mortgagor to said mortgagee and was recorded on January 29, 2007, at reception No. 926388 in Book 647 at Page 426 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: LOT 203 OF KEMMERER INDUSTRIAL PARK NO.1, SECOND FILING ADDITION, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 18, 2004, AS INSTRUMENT NO. 902048 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. 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 foreclose the same and at the request and direction of Mortgagee a written notice of default and intent to foreclose the Mortgage was mailed by certified mail, return receipt requested, to 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 Kemmerer Gazette, a newspaper published in and having general circulation in Lincoln County, Wyoming, once each week for four (4) consecutive weeks, commencing with the July 19, 2007, issue of said newspaper and ending with the August 9, 2007, issue of said newspaper; that said notice was mailed to Mortgagor by certified mail, return receipt requested; that said notice complied in all respects with the requirements of the statutes relating to foreclosure of mortgages 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. 000466 6. That on the date, and at the time and place specified in the notice of foreclosure sale, 10:00 AM on August 14, 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 prope , and that t highest and best sum bid for the real property was the sum f $ .... ("Bid Sum") which was bid and offered by ("Successful Bidder") and that after soliciting and calling or 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 $1203.61 is to be paid to Scott Sargent, the attorney for Mortgagee, as compens.ation for services actually rendered and costs incurred 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 August 14, 2007, unless the real property shall have been redeemed as provided by law. I if I ~ Dated ~t_n Qrl~~' Lincoln County, Wyoming, this ~ day of LtL4!lT"~ ' 2007. -1D. ~~ By: ~ ~ /,. tefv +1 5 {v .r.' too?"," Name and Title ACKNOWLEDGEMENT STATE OF WYOMING ) : 55 COUNTY OF LINCOLN ) 000467 The foregoing instrume before m by . in my presence and I9fWYowledged this ~ day of Witness my hand and official seal. M. ASHLEY . NOTARY PUBUC CounIÝ of I' State.o1 Uncoln' . Wyoming My Commllllon ... res Dec. 4. 2007 cfn.a~ Notary pubnc AFFIDAVIT OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) : SS COUNTY OF LINCOLN ) 000468 SCOTT SARGENT, of lawful age, being first duly sworn upon his oath, ãeposes 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 August 25, 2006, ("Mortgage") securing a promissory note of the same date, which Mortgage was executed and delivered by said mortgagor to said mortgagee and was recorded on January 29, 2007, at reception No. 926388 in Book 647 at Page 426 in the records of the Office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming, wherein Phil Lason is the named Mortgagor and Bank of Star Valley is the named Mortgagee by advertisement and sale as provided 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 mailed by certified mail, return receipt requested, to 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 and that a copy of the published notice was mailed to the record owner by certified mail, return receipt requested. 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 9, 2007, the date of mailing of the published notice was July 11,2007, and the date of first publication was July 19, 2007. FURTHER AFFIANT SA YETH NAUGHT. ~~NT-f Sargent Law Office PO Box 847 . Kemmerer WY 83101 . f4- Subscribed in my presence and sworn to before me by Scott Sargent this -Ê - day of August, 2007. DENISE SARGENT - NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires May 10, 2011 Witness my hand and official seal. KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming !.....,. r .. '. ·~:~,.:._-:;:;:~,::.-:2- _:.::~t:i;,.";;,:"JP'7~,;~~::.~i;;,':'.~~I;_~, '~~:;',:"¡i"~'~.~:',,..~. . Ub~q¡ti!,p.;"án4thé..åJp.<>.µnt"ø,ue'{)g.the;M~rtme;ón~the·· r-·:\·.~...;\~~çtiVe'bUjèlJS4o.uiclresearch.thé..stãtuS .oftitleÞefore..sUbmi~g.~Þi~ti : ....-..... ·~.~.:,.~;~,~~:S?;~;~~;~~~f~~f:,:f~;:i'b~~"~;:;::;;:..:··;;;;c~2.i.L'<:¿.;:;i~2~~~~:~' I; '.;~;;-~~~:':'::'..:.'::;,,~ : ~:;~~h~~~i;¡i~~r;2~f>' :~.:,;:·t t\ /.~ .;> !;:~r~:::2:,:ll~.~~~A:Dt:r.~--;J:'~ I.'·-"~· ·c·'.::"·,:··· ..:....:;.,. .;". "." '-~.-" ·-·...i·~.. .".."" c.":' I. .. ... ......--- 'C.c...",..·'.·· ~··.·:,.·c>·".· i .. '.n'.' .. ...' ~""'-'.:-'" _~...m ...;....::.:.;"..,,;....., ¡-=::.':::.~~:,::·.~c:.::~·:' '.".-.. ..~. .-,:.:::...;:-'.. :C'::;.'.'._ . __. "'''.C' .. ...h --ROXANNE RUDY ~NOTARY PUBLfC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 1/31/09 .'"_... ~._.. .,._.____ _... _,_'.__~·..m__' __.. KenunererVVyorrùng ST ATE OF WYOMING ) ss. 000469 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 published in said newspaper for --±- insertions, the first publication having been made on the ~ day of qvQ~_ A.D., 20~, and the last publication on the -9- day of QJ I ~ 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 III the newspaper proper, and not III a supplement. ------~;Pü1iliSñeT .......---- Subscribed in my presence and sworn to before .l.O.- day of A.D., 204. WthRÞt§ EXHIBIT "C" AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) : ss. COUNTY of LINCOLN ) eOO~7(J 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 $1203.61 as compensation for services actually rendered in the foreclosure proceeding as follows: Attorney Fees Title Commitment Postage Advertising Sheriff's Fees Recording Fees $770.00 $ 50.00 $ 9.81 $332.80 $ 10.00 $ 31.00 $1203.61 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 fees and costs to be added to the debt involved, and said fees 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 SA YETH NAUGHT. féð'-'~ Em TT G s;- Sargent Law Office PO Box 847 Kemmerer WY 83101 000471 ~ Subscribed in my presence and sworn to before me by Scott Sargent this -& day of August, 2007. DENISE SARGENT - NOTARY PUBLIC COUNTY OF LINCOLN Witness my hand and official seal. STATE OF WYOMING My Commission Expires May 10, 2011