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000408
SHERIFF'S CERTIFICATE OF PURCHASE AT
FORECLOSURE SALE
TIDS CERTIFICATE made on the date below written by the Sheriff of
Lincoln County, State of Wyoming, to GUY C. DECKER AND SHARON L. DECKER
WITNESSETH:
WHEREAS, a Mortgage was executed by Michael R. Decker and Debra M.
Decker, husband and wife on November 30, 2004, to Community First National Bank,
nlk/a Bank of the West, Mortgagee, for the following described real property:
Lots 7 and 8 of Block 2 of the Second Amended Plat of
Birch Creek Commercial Park to the Town of LaBarge,
Lincoln County, Wyoming as described on the official
plat No. 286 filed June 2, 1985 as Instrument No. 587719
of the records of the Lincoln County Clerk, also known as
130 West Birch Creek Drive, LaBarge, WY 83123
which Mortgage was on November 30, 2004, duly recorded at Book 573, Page 620, 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 Michael R. Decker and Debra
M. Decker, husband and wife as tenants by the entireties.
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, JOHN P. STETZENBACH
, 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: Sept. 20, 27, Oct. 4, 11,
2007, and is more fully shown by the Affidavit of Publication attached hereto; and
THAT said property 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: October 16, 2007,
at 10:00 a.m. Said sale was made by me, and the above described property was sold to
GUY C. DECKER AND SHARON L. DECKER in the sum of
$205,133.27 ; 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 GUY C. DECKER AND SHARON L. DECKER
of LA BARGE, WYOMING and do hereby certify that the
Purchaser, or the Purchaser's assignee, will be entitled to a Sheriff's Deed at the
expiration of 3 months and thirty (30) days from the date 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 16TH day of
OCTO~ER , 2007.
RECEIVED 10/23/2007 at 10:07 AM
RECEIVING # 934281
BOOK: 676 PAGE: 408
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SHERIFF OF LINCOLN COUNTY
STATE OF WYOMING
By:
STATE OF WYOMING
}
} ss.
}
000409
COUNTY OF LINCOLN
On this 16TH day of OCTOBER , 2007, before me
personally appeared JOHN P. STETZENBACH , to me personally known, who
executed the foregoing instrument and acknowledged that he executed the same as his
free act and deed for the purposes therein set forth.
Witness my hand and official seal.
8(l\~S.tt-11~~
Notary Public
My Commission Expires:
. _ _ ~~~.'4_':"";'~'."'.~
~AV N A L. HAWKES - NOlAr;Y T'UHLlC
COUNTY OF
LINCOLN
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
NOTICE OF FORECLOSURE SALE
Default having been made in the conditions of that cert8in Mortgage deed
dated November 30, 2004, given by Michael R. Decker and Debra M. Decker:
husband and wife, to Community First National Bank, n/kIa Bankof theW est
to secure the payment of one certain Promissory Note of even date therewith
which Mortgage embraced the following real property to-wit:
Lots 7 and 8 of Block 2 of the Secpnd Amended Plat of Birch Creel
Commercial Park to the Town of LaBarge, Lincoln County, Wyoming as de,
scribed on the official plat No. 286 filed June 2, 1985 as Ins1rument No.
587719 of the records of the Lincoln County Clerk, also known as,130 WeS1
Birch Creek Drive, LaBarge, WY ~3l23 , , '
which mortgage was on November 30, ·2004, duly recorded at Book 573,
Page 620, in the Office of the County Clerk and Ex-Officio Register of Deeds
of Lincoln County, Wyoming. The current record owner of the property is
Michael R. Decker and Debra M. Decker, husband and wife as tenants by the
entireties. That the note is in defa1.llt; and
WHEREAS, the default in said Mortgage has occurred by reason of the
failure of the Mortgagor or assignees to pay the principal and the interest due
, thereon' when the same became. due and payable 'and said Mortgage con-
tained a power of sale to the effect that a default occuning in the conditions
thereof will imthorizethe Mortgagee or its, assigns atits or their option to
declare, the debt secured thereby to be due and payable and prpceed accord-
ing to law to advertise and sell said property to satisfy the same; and ' .
WHEREAS, no suit or proceeding has beeJ instituted at law to recover
the debt rem\rinmg secured by said Mortgage, or any part thereof, or if insti-
tuted such action has been discontinued; and Bank of the West, of 1400 River
Park Drive, Suite 200, Sacramento, CA 95815, is the owner of said Note and
Mortgage; mid :
WHEREAS, written notice of intent to foreclose the Mortgage by adver-
tiliement and.sale has been served upon the record owneJ;' and party in posses-
sion more th¡;ul ten days prior to the [¡rst date of publication of this notice;
NOW TI$;REFORE, Notice is hereby given that the above described real
property wilr~e offered for. sale and spld by the Sheriff of Lincoln County, '
Wyoming, orlrls Deputy, to the highest bidder for cash at public vendue at
the Jroµt, steps of the Lincol,nÇounty Courth01.lse, Kemmerer, Wyomin&, ~t
~ ~~;~~1Ii~~~~~~~~~~~r~~~~¡&¥~~;t~ç~~~~~~µ~~ ~
, ~mg as of the f¡rstdate ofpubhcation the sum of $146,856.97. PUblication"
will be Sept 20,27, Oct 4, 11,2007., Such sum will c()ntinue to accrue inter-
est, late charges;Ì\nd,any other penalties ªSpJ;'ovidedby thelI!-ortgag~,all to
the date of sale, and additionally there shaJ1be added tp the indebtedness all
costs arid attptney's feeli associat~dwith tJ:ic' foreclos1.lre. ,',
The property' peing foreclosed upon mªy þe s1.Ibject to other liens and
encumbrances that will not be extinguished. at the sale and any prospective
purchaser sh01.lld research the status of title before submitting a bid.
, Bank of the West, Mortgagee
c/p Patton and Davison
Attomeys at Law
P.O. Box 945
Cheyenne, Wyoming 82003
092Qc
. '
PUBLISH: Sept. 20, 27, Oct 4, II, 2007
ROXANNE RUDY - NOTARY PUBLIC
COUNTY OF STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES 1/31/09
åi'4 ~, ¡!."r.
O~V, :Lv
I"
KerrunererVVyonling
ST~TE 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 published in
said newspaper for ~ insertions, the
first publication having been made on the
-dO day of
AD., 20--.01, and the last publication on
the~daYOf~
AD., 20...D.Ï:...; 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.
~ense:. Publisher
Subscribed in my presence and sworn to
befÛDhQh:\s
.QS2. day of
A~.~ 204.
~ £cdcr
".... .
000411.
ATTORNEY'S FEE AFFIDAVIT
STATE OF WYOMING }
} SSe
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 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 this Affidavit is being filed pursuant to the provisions of §34-4-112, Wyoming
Statutes, 1977, and has been filed with the Sheriff below named.
3. That on October 16, 2007, 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, Bank of the
West, of 1400 River Park Drive, Suite 200, Sacramento, CA 95815, 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 Michael R. Decker and Debra M. Decker,
husband and wife, to Community First National Bank, n/k/a Bank of the West, Mortgagee, for the
following described real property:
Lots 7 and 8 of Block 2 of the Second Amended Plat of Birch Creek Commercial
Park to the Town of LaBarge, Lincoln County, Wyoming as described on the
official plat No. 286 filed June 2, 1985 as Instrument No. 587719 of the records
of the Lincoln County Clerk
which mortgage was recorded on November 30, 2004, at Book 573, Page 620, 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 Michael R. Decker and Debra M. Decker, husband and wife as tenants by the
entireties.
FURTHER AFFIANT SAYETH NAUGHT. DATED October 16, 2007.
John . Patton
of Patton & Davison
STATE OF WYOMING
}
} ss.
)
J
COUNTY OF LARAMIE
The foregoing instrument was subscribed and sworn to before me by JOHN C. PATTON on
October 16, 2007.
Witness my hand and official seal.
My Commission expires:
BRITTANY MOWERY. NOTARY PUBUC
County d ê Slate of
,Lanuñie ~ ~mIng
My CormII88Ion Expiltl8 Aug. 19. 2009
000412
AFFIDAVIT OF MAILING
STATE OF WYOMING }
} 55.
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 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 I caused a Notice of Intent to Foreclose Mortgage by advertisement and
sale to be sent to:
Record Owners:
Michael R. Decker
130 West Birch Creek Drive
LaBarge, WY 83123
Junior Lienholders:
None of Record
Debra M. Decker
3518 Bent Avenue
Cheyenne, WY 82001
Parties in possession:
Michael R. Decker
130 West Birch Creek Drive
LaBarge, WY 83123
by Certified Mail with Return Receipt Requested, on September 5, 2007, at least ten
(10) days before the commencement of publication of the Notice of Sale.
FURTHER AFFIANT SA YETH NAUGHT.
DATED October 16,2007.
J oh . Patton
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 October 16, 2007.
Witness my hand and official seal.
My Commission expires:
BRITTANY MOWERY. NOTARY PUBUC
Çountyor ~ Slate or.
Larari1kt ~ Wyom1n8
. MyCornlrlalon ExpifMAug.19,2009
00041.3
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners:
Michael R. Decker
130 West Birch Creek Drive
LaBarge, WY 83123
Debra M. Decker
3518 Bent Avenue
Cheyenne, WY 82001
Parties in Possession:
Michael R. Decker
130 West Birch Creek Drive
LaBarge, WY 83123
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in
particular Wyoming Statutes §34-4-103, you are hereby notified that Bank of the West,
of 1400 River Park Drive, Suite 200, Sacramento, CA 95815, Mortgagee, intends to
foreclose by advertisement and sale that certain mortgage given and executed by
Michael R. Decker and Debra M. Decker, husband and wife to secure a Mortgage Note
given and executed by Michael R. Decker and Debra M. Decker, husband and wife to
Community First National Bank, n/k/a Bank of the West. The mortgage was executed
on November 30, 2004, and was recorded on November 30, 2004, at Book 573, Page
620, in the Office of the County Clerk and Ex-Officio Registrar of De¢ds of Lincoln
County, Wyoming. The current record owner of the property is Michael R. Decker and
Debra M. Decker, husband and wife as tenants by the entireties. Th~re is due and
owing as of the date of first publication the sum of $146,856.97. Such sum will
continue to accrue interest, late charges, and any other penalties as provided by the note
and 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.
Lots 7 and 8 of Block 2 of the Second Amended Plat of
Birch Creek Commercial Park to the Town of LaBarge,
Lincoln County, Wyoming as described on the official
plat No. 286 filed June 2, 1985 as Instrument No. 587719
of the records of the Lincoln County Clerk
THIS NOTICE is sent to you as the record owner and or the person in
possession of the mortgaged premises described as follows:
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 compliance with the Fair Debt Collection Practices Act, 15 USCS §1692, we
provide you with the following notice and information.
(1) The amount of the debt as of the first date of publication is $146,856.97;
(2) The name of the creditor to whom the debt is owed is Bank of the West;
(3) Unless 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;
000414
(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 against 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.
Your attention is called to the Servicemember Civil Relief Act of 2003 and
amendments thereto which contain inhibitions against the sale of the land under a
mortgage if the vestee is entitled to the benefits of the Act.
THE DATE of first publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are Sept. 20, 27, Oct. 4, 11, 2007. Sale qf the premises
will be conducted by the Sheriff of Lincoln County, Wyoming on Octob~r 16, 2007, at
10:00 a.m., at the front steps of the Lincoln County Courthouse, Kemmerer,
Wyoming.
Dated September 5, 2007
By:
John . atton of Patton & Davison
P.O. Box 945
Cheyenne, Wyoming 82003
(307) 635-4111
Attorneys for Mortgagee