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LINCOLN COUNTY CLERK
CERTIFICATE OF SALE ON MORTGAGERECLOSURE 02 fir'' -
Randy Nate , of lawful age, being first duly sw r*fh
ev`Ur'~ER
oath according to law, deposes and says: R,
y0rjIIgG
1. That s/he is now, and was at all times herein mentioned, a duly appointed, qualified
and acting Deputy Sheriff of Lincoln County, Wyoming.
2. That 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 March 28, April 4, April 11 and April 18,
2002; 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 conformity
to the requirements of law in such case made and provided; and that Proof 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.
3. That on the 25th day of April, 2002, at the hour of 10:00 o'clock a.m., at the front door
of the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer, Wyoming, the
same being also the place of holding Court in said County, and at public venue, to the highest
bidder for cash, he offered for sale the following described lands and premises as a whole, and
then sold said lands and premises as a whole for the sum of $ 16, 332.83 , having bid fairly
and in good faith therefor, and being the highest and best bidder, for all of said lands and
premises, being particularly described as follows, to-wit:
Lot 971, Unit C-2 of the Commissary Ranch subdivision
County of Lincoln, State of Wyoming
4. That said lands and premises were sold pursuant to the above 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 deed, dated July 21, 2002,
made, executed and delivered by Scott and Lucinda Davis, husband and wife, as Mortgagors,
to C.G.Bennett, a Texas Corporation, as Mortgagee, which mortgage deed was filed for record
in the Office of the County Clerk and Ex-Officio Register of Deeds within and for Lincoln County,
Wyoming, in Book 450, at Page 41; 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 $16,332.83, as follows:
Amount due on Principal
$13,665.78
Interest to Date of Sale
$
1,216.75
Property Taxes (through April 18,2002)
$
526.70
Publication of Notice
$
153.60
Sheriffs Fee
$
10.00
Recording Costs (est)
$
10.00
Attorney Foreclosure Fee and Costs
$
750.00
OSS07 'j,
770
TOTAL
$16,332.83
Amount Bid
Deficiency
$ ~3
5. That before the allowance and addition to the sum of $750.00 to the aforesaid mortgage
debt as attorney fees and costs, there was duly filed with the aforesaid Sheriff of Lincoln
County, Wyoming, affiant herein, by Robert A. Spence, Attorney at Law, an attorney admitted
generally to practice in the State of Wyoming and representing the Mortgagee, an affidavit duly
made and executed pursuant to the provisions of Section 34-3-112, W.S. 1977, an executed
true copy of which affidavit is attached hereto, marked Exhibit "B", and by this reference made a
part hereof.
6. That prior to the aforesaid sale of the within described lands and premises, there was also
duly filed with said Sheriff, affiant herein, by said Robert A. Spence, P.C., Attorney representing
Mortgagee, an affidavit of mailing of Notice of Intent to Foreclosure Mortgage by Advertisement
and Sale, said affidavit being duly made and executed pursuant to the provisions of Section
34-4-103, W.S., 1977, an executed true copy of which affidavit is attached hereto, marked
Exhibit "C", and by this reference made a part hereof.
7. That said _ C. r;. Bennett. Inc, being the purchaser of all the above described
lands and premises as aforesaid, said C. r;. Kennett, Inc, its successors and
assigns, will be entitled to a deed for said lands and premises on and after the 25th day of
August, 2002, said date being after the expiration of three (3) months plus thirty (30) days from
the date of sale, unless the same shall be redeemed prior to that date as provided by law.
IN WITNESS WHEREOF, s/he has hereunto.signed herlhis name this 25th day of April, 2002
THE STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
Sheriff of Lincol ounty, Wyoming
By:
eputy Sheriff
The foregoing instrument was acknowledged before me by Deputy
Sheriff of Lincoln County, Wyoming, this 25 h day of April , 2002.
M j~t fI al.
r Uncoln Wyoming - W_"\N1 , I C ~
uw missbn Expires 1o/o4gmA
Notary Public
My Commission Expires: _U - a - OL`
771
Exhibit A
NOTICE OF MORTGAGE FORECLOSURE SALE
WHEREAS, the power of sale in the following described Mortgage, duly recorded as
hereinafter specified, having become operative by the default in a condition of such Mortgage by
the Mortgagors, and no suit or proceeding having been instituted to recover the debt thereby
secured, or any part thereof, C.G. Bennett, Inc., a Texas Corporation, the Mortgagees therein,
hereby states and gives notice that:
1. The aforesaid Mortgage, dated July 21, 2000, was filed of record in Book 450, Page
41, in the Office of the County Clerk and Ex-Officio Register of Deeds of Lincoln County,
Wyoming.
2. That written notice of intent to foreclose the aforesaid Mortgage by advertisement and
sale has been served upon Scott and Lucinda Davis, record owners and persons in possession,
by certified mail with return receipt, mailed to the last known address of said record owners and
persons in possession on the 11 day of March, 2002.
3. The amount claimed to be due on said Mortgage as of the date hereof, for principal
and interest, is the sum of $13,665.78 together with all accruing interest, advances, attorney
fees, costs, fees and expenses of foreclosure.
4. The mortgaged premises are described as:
Lot 71, Unit C-2 Commissary Ranch Subdivision in the
County of Lincoln, State of Wyoming
5. 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, at the front door of
the County Courthouse in Kemmerer, Lincoln County, Wyoming, at 10:00 o'clock a.m. on April
18t~', 2002 to satisfy the aforesaid amount, and accruing interest, costs, fees and expenses of
foreclosure. Mortgagees reserves the right to reject any and all bids.
ED this 11"' of March, 2002.
I
ROBERT A. S NCE
Attorney for Mortgagee
PUBLISH: Four Weeks March 28, April 4, 11, 18, 2002
Bill to:
C.G.Bennett, Inc.
Attn. Shirley Bennett
PO Box 926
Borger, TX 79008
t i
PROOF OF PUBLICATION
OI WYOMINC
County of Lincoln .S.
dol7•urn
do nos ;and says Lh:U,> is
_of The K1"A1MENN." t
CAZL171--', a newspaper of
t;cncr,.l circulation, published at.
1~emrnercr, Lincoln Cold)( Y, in
the Stale of Wyoming.
That the notice, a true copy of
Which is hereto aLtachecl, was
published onnthe_ .01W .clay
of
-as publr~hed in e,:ch succeed
ing -Eck until the d:ky
of ~.po
being a period of
sui'c.cssivc weeks. 7'hat slid
newspaper is published wee::ly,
/on Thur , y of each \veek
G
:subscribed and sworn to be-
fore me, lhe..o?,5 „day of
` Z
-
Notary P. lic, Lincoln o., Wyo,
My /commission ~pWeeS the
dayof~z'-v?ooa
BETTY M. LEGARRA - NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires 2002
Copy of Notice
H
772,
NOTICE OF MORTGAGE FORECLOSURE SALE
WHEREAS, the power of sale in the following described Mortgage, duly recorded-
as hereinafter specified, having become operative by the default.ip,a corydipgn of such'.
Mort,age by the Mortgagors and no suit or. roceedmg having been instituted to
re over tie debt "tltereby`secured,- or any par hereof C G:) etittzrct Inca , Texalr_
Corporation, the Mortgagees therein, hereby states and gives notice that:
1. The aforesaid Mortgage, dated July 21, 2000, was filed of record in Book 450,`
Page 41, in the Office of the County Clerk and Ex-Officio Register of Deeds of Lincoln'
County, Wyoming.
2. That written potice of intent to foreclose the aforesaid Mortgage by advertise-_
meet and said has been served upon Scott and Lucida Davis, record owners and.persons.
in possession, by certified mail with return receipt, mailed to the last known address
of said record owners and persons in possession on the 1 Ithday of March, 2002.
3. The amount claimed to be due on said Mortgage as of the date hereof, for principal:
and interest, is the sum of $13,665.78 together with all accruing interest, advances;-
attorney fees, costs, fees and expenses of foreclosure.
4. The mortgages premises are described as:
Lot 71, Unit C-2 Commissary Ranch Subdivision in the
County of Lincoln, State of Wyoming
5. 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, at the front door of the County Courthouse in Kemmerer, Lincoln County,
Wyoming,-at 10:00 o'clock a.m. on April 25th, 2002, to satisfy the aforesaid amount,:
and accruing interest, costs, fees and expenses of foreclosure: Mortgagees reserve the:
right to reject any and all bids.
DATED. this I Ith day of March, 2002.,
/s/ ROBERT A. SPENCE
Attorney for Mortgagee
March 28-April 4-11-18 0328C:
ONS0 5
773
THE STATE OF WYOMING )
)ss.
COUNTY OF SWEETWATER )
AFFIDAVIT OF ATTORNEY
Robert A. Spence, of lawful age, being first duly sworn upon his oath according
to law, deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is the attorney for, and is representing C.G. Bennett, Inc., Mortgagee
in its foreclosure of that certain mortgage dated July 21, 2000 wherein Scott and
Lucinda Davis, husband and wife, are Mortgagors, and said Mortgage having been filed
for record in the Office of the County Clerk and Ex-Officio Register of Deeds within and
for Lincoln County, Wyoming, in Book 450, Page 41.
2. That there is not, nor. has there been, any agreement, expressed or implied,
between him and his client, or between him and any other person except practicing
attorneys in the State of Wyoming engaged with him as attorneys in said foreclosure
proceedings, for any sharing or division of his attorney's fee of $1000.00 to be allowed
and added to the debt involved, and any fee, when so allowed and added to the debt, is
only as compensation for services actually rendered in said foreclosure proceeding.
DATED this a / day of March, 2002
ROBERT A. SP NCE
THE STATE OF WYOMING )
) ss.
COUNTY OF SWEETWATER )
jTbe foregoing Affidavit was acknowledged before me by Robert A. Spence
thiO ( y of March, 2002.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires: ~ - ?10 " a G05
NOTARY PUBLIC
[IiNA TAR70EE
OF STATE OF
TER WYOMING
SSIOP% 0-4 OR 0-4 0-4
ONS0FE JM
THE STATE OF WYOMING ) 774
)ss.
COUNTY OF SWEETWATER )
AFFIDAVIT OF NOTICE OF FORECLOSURE SALE
Robert A. Spence, of lawful age, being first duly sworn upon his oath according
to law, deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is the attorney for C.G. Bennett, Inc., Mortgagee in its foreclosure of
that certain mortgage dated July 21, 2000 wherein Scott and Lucinda Davis, husband
and wife, whose last known mailing address is 54 Remington Circle, Evanston,
Wyoming are Mortgagors, and said Mortgage having been filed for record in the Office
of the County Clerk and Ex-Officio Register of Deeds within and for Lincoln County,
Wyoming, in Book 450, Page 41.
2. That pursuant to W.S. §34-4-103(a)(iv), I served upon the parties herein by
certified mail return receipt, written notice of intent to foreclose the mortgage by
advertisement and sale. Said notice mailed ten (10) days prior to commencement of the
first publication of the notice of said foreclosure sale.
DATED this
day of March, 2002.
4:
ROBERT A. SPENCE
THE STATE OF WYOMING )
) ss.
COUNTY OF SWEETWATER )
he foregoing Affidavit was acknowledged before me by Robert A. Spence
thisal day of March, 2002.
WITNESS my hand and official seal.
(SEAL)
" fiwt
~ f"4&
Notary Public
My Commission Expires: _O~ - ~u - ';~DD5
SHAWN D TARUFELLI NO AT RY
COUNTY OF STATE OF
SWEETWATER . wvn..,-
MY COMMISSION