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Home My WebLink About873979 r-- STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) j300K~U.i~i ..PR PAGE 7~) G RECEIVED LINCOLN COUNTY CLERK o I JUH I a Pi'l 3: 27 \JEANNE /\cr',EF< I<EMMERER V¡YOMING m9~q CERTIFIC . B g...É Lee Gardner, of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated June 11, 1999, executed and delivered by Doug Morgareidge, a single man to Sugarhouse Mortgage and (b) that certain mortgage dated June 11, 1999 (the II Mortqaqe") , securing said note, which Mortgage was executed and delivered by mortgagor, named Doug Morgareidge, a single man, to mortgagee, named Sugarhouse Mortgage, and was recorded on June 16, 1999, in Book 431 PR at Page 584, in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to-wit: Lots 15, 16 and 17 of Block C of the Riverview Addition to the Town of LaBarge, Lincoln County, Wyoming as described on the official plat thereof with an address of 189 Green River Avenue, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 3. That the Mortgage, together with the note secured thereby, were assigned for value by Sugarhouse Mortgage to Flagstar Bank, FSB by that certain assignment of mortgage dated June 11, 1999, and recorded on July 2, 1999, in Book 432 PR at Page 497, in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; was then again assigned by Flagstar Bank, FSB to Fannie Mae, in care of Chase Mortgage Company by an assignment of mortgage dated October 12, 2000, and recorded October 30, 2000 in Book 454 PR at Page 810 of the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming; and 4. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 5. That the power of sale contained in the Mortgage having been made operative by reason of such default, Chase Mortgage Company elected to foreclose the same and at the request and direction of Chase Mortgage Company, a written notice of the intention 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 the 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. 6. That Chase Mortgage Company has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 1 of 8 - - - ~ Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 2 of 8 Title: De~ Sheriff By: l0 J~.-I< Print Name: William J. Thek Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming Lincoln County, State of Wyoming, this , I ~.5 thH3 DATED at Kemmerer, vJ .~~ J,.w1í day of June, 2001. 10. That said Chase Mortqage Company 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 15, 2001, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 9. 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. 8. That the sum of $500.00 is to be paid to Brown, Drew and Massey, LLP, the attorneys for Chase Mortgage Company, as compensation for services actually rendered in the foreclosure proceeding, said attorneys 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. 7. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On June 15, 2001, at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of 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 property; and that the highest and best sum bid for said real property was the sum of $29,155.21, which was bid and offered by Chase Mortqaqe Company and that after soliciting and calling for other and higher bids therefor, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the said Chase Mortqaqe Company, for the sum of $29,155.21; and that the sum bid was thereupon paid and the sale of said real property was then and there completed as by law provided. published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the May 24,2001 issue of said newspaper and ending with the June 14, 2001 issue thereof; that said notice did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. - 797 - - ('\ ~;: ~*;; .,. ('} "j (} ~,~ íj ..JIJ II ....1 r'" U' t,.'t~·~ (ZI,e)( \ (~ 6F -...)..J « ~j '798 ACKNOWLEDGMENT STATE OF WYOMING ) ) 88. COUNTY OF LINCOLN ) The foregoing instrument was subscribed in my presence and acknowledged before me by William J. Thek Deputy Sheriff of Lincoln County, State of Wyoming, this lA'th day of June, 2001. 15 Ü 1{3 Witness my hand and official seal. Heidi Beachler - Notary Public County of State of Lincoln . Wyo ing My Commission Expires ~{ Q /. t;j.cl'tjÞLi, N tary PÙSOO My Commission Expires: (j he¡ It] Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 3 of 8 - - - ~ Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 4 of 8 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 9, 2001, and the date of the first publication of the notice of foreclosure sale was May 24, 2001. CERTIFIED MAIL NO. 7000 16700002 05711182 Occupant 189 Green River Avenue LaBarge, WY 83123 CERTIFIED MAIL NO. 7000 167000020571 1175 Doug Morgareidge P.O. Box 345 LaBarge, WY 83123 CERTIFIED MAIL NO. 7000 1670 0002 0571 1151 Doug Morgareidge 189 Green River Avenue LaBarge, WY 83123 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 certified mail, return receipt requested, mailed to the last known address of 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 as follows: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew & Massey, LLP, who are the attorneys representing the mortgagee of record, Chase Mortgage Company in a procedure to foreclose a certain real estate mortgage dated June 11, 1999 (the IMortQaQe"), and recorded on June 16, 1999, in Book 431 PR at Page 584 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Doug Morgareidge, a single man, is the named mortgagor, and Sugarhouse Mortgage is the named mortgagee, which mortgage was assigned for value by Sugarhouse Mortgage to Flagstar Bank, FSB by an assignment of mortgage dated June 11, 1999 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on July 2, 1999, in Book 432 PR at Page 497; and again assigned by Flagstar Bank, FSB to Fannie Mae, in care of Chase Mortgage Company by an assignment of mortgage dated October 12, 2000 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on October 30,2000, in Book 454 PR at Page 810; by advertisement and sale as provided under the provisions of Wyo. Stat. §§ 34-4-101, et seq. (1999). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. P. Jaye Rippley, of lawful age, being first duly sworn upon her oath, deposes and says: STATE OF WYOMING ) ) SS. COUNTY OF NATRONA ) AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE EXHIBIT A 7~) 9 01.Ü'j< ',' P""'f.}.. ;C} I ~j,::J i J - - - "... o b~, ~j; ~j;j~) D ¡J' (I .... \J FURTHER AFFIANT SA YETH NAUGHT. By: aye Rip ey of Brown, Drew & Massey, LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed in my presence and sworn to before me by P. Jaye Rippley this ~ day of June, 2001. CINDY BAKER - NOTARY PUBLIC County of State of Natrona Wyoming My Commission Expires Sepl16. 2002 Witness my hand and official seal. {]~~~~ Notary Public My Commission Expires: 3- 'to -();1 Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 5 of 8 - - - ""'" , . I"'~,~ o~r~/~j~ '.J ()()] o IJ _ EXHIBIT B PUBLlSHER1S AFFIDAVIT PROOF OF PUBLICATION I'IIE STATE OF W\'O¡VIIN<:. l Counly of Lincoln J SS. /~~,firSl dilly sworn ~.Ie"'l.:"1 '"y, lI''''~ i, ., ....<..of The KEJ\1l\1I::HEn GAZETTE, a newspaper of g-encr"l cin:ulalion, published at h.cmmerer, Lincoln Cot/nl v, In l he Slate of Wyoming, That the notice, a t rUe copy 0 f which is hereto attached, was published on lheti'JI...::eld;¡y of ..~~..............,' e1.~/ and \\'<lS pub1ished in e;;ch suc('('ed- ing \l'eek until the ./I;...¿/ day of ..~................, e!'I¿ll. being- a period of .......1! successive \\'ccks. That s;lid newspaper is published \\'c«:IL on Thucsday ?r ea2 ::;?¿ ---- Subscribed and sworn lo be· the./£,,;ç/ day of ç.#.J.~ Notary P )lic, Lincol Co,. Wyo My commission expires 111(' cJ,..,(,day Of~ oIlJ#:J- ...-.-.---- --.--.-.--- BETTY M.LEGARRA· NOTARY PUBUC County of State of Uncolr. Wyoming My Commission Expires 2002 . - Copy of Notice FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms o'f a promissory note (the "Note") dated June II, 1999, executed and delivered by Doug Morgareidge, a single man, to Sugarhouse Mortgage, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by Mortgagor, named Doug Morgareidge, a single man, to Mortgagee, named Sugarhouse Mortgage, and which Mortgage was recorded on June 16, 1999, in Book 431 PR at Page 584 in the records of the oftÏce of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the Mortgage was assigned for value by Sugarhouse Mortgage to Flagstar Bank, FSB by an instrument of assignment of mortgage signed and acknowl- edged on June II, 1999, and recorded on July 2, 1999, in Book 432 PR at Page 497 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; was then assigned by Flagstar Bank, FSB to Fannie Mae, in care of Chase Mortgage Company by an instrument of assignment of mortgagç signed and acknowledged on October] 2,2000, and recorded on October 30, 2000, inBook 454 PR at Page 8] 0 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the Mongage contains a power of sale which by reason of said default, the owner of the Note {lnd the Mortgage declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, òr any part thereof, nor has any such suit or proceeding been in~tituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this noticeof sale bein$\ the total sum of $27,567.83, which sum consists of the unpaid principal balance of$25. I 86.65, plus interest accrued to tl.le date of the fjr~t publication of this notice in the amount of$903.83, plus late charges In the amount of $77.27, plus an escrow advance in the amount of $1 ,621.50, plus other outstanding charges in th: . amount of $27.00, less an unapplied refund in the amount of $248.42. plus attorneys fées, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; NOW. THEREFORE Chase Mortgage Company as the owner of the Note and the Mortgage, will have the Mortgage foreclosed as by la~ _~rovided by ca~~i.ryg the mortgaged property to be sold at public vendue by the Sheriff or Deputy Sheriff I,n and, for Lincoln County. Wyoming to the highest bidder for cash at 10:00 o'clock In t~e forenoon on June 15, 200 I, at the front door of the Lincoln County Courthouse In Kemmerer, Lincoln County, Wyoming, for application on the above-described amounts secured by the Mortgage, said mortgaged prop:rty bein~ .described as follo~s, to-wit: Lots 15, 16 and 17 of Block C of the Rivervlew AdditIOn to the Town of La Barge" Lincoln County, Wyoming as described on the ofTicial plat thereof with an address 01 189 Green River Avenue, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto, May 24-31-June 7-14 Chase Mortgage Company By: P. Jaye Rippley Brown. Drew & Massey. LLP 159 North Wolcott Street, Suite 200 Casper. Wyoming 82601 0524B Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 6 of 8 - - ~ Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 7 of 8 3. That the above-mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Brown, Drew & Massey, LLP. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee 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 practice in the State of Wyoming and residing therein. 2. That Brown, Drew & Massey, LLP, as attorneys for said mortgagee, will charge said mortgagee fees totaling $500.00 as compensation for services actually rendered in the foreclosure proceeding. 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew & Massey, LLP, who are the attorneys representing the mortgagee of record, Chase Mortgage Company in a procedure to foreclose a certain real estate mortgage dated June 11, 1999 (the II MortQaQe"), and recorded on June 16, 1999, in Book 431 PR at Page 564 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Doug Morgareidge, a single man, is the named mortgagor, and Sugarhouse Mortgage is the named mortgagee, which mortgage was assigned for value by Sugarhouse Mortgage to Flagstar Bank, FSB by an assignment of mortgage dated June 11, 1999 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on July 2, 1999, in Book 432 PR at Page 497; and again assigned by Flagstar Bank, FSB to Fannie Mae, in care of Chase Mortgage Company by an assignment of mortgage dated October 12, 2000 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on October 30, 2000, in Book 454 PR at Page 810; by advertisement and sale as provided under the provisions of Wyo. Stat. §§ 34-4-101, et seq. (1999). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. P. Jaye Rippley, of lawful age, being first duly sworn upon her oath, deposes and says: STATE OF WYOMING ) ) SS. COUNTY OF NA TRONA ) 0:) '-J U, '- EXHIBIT C AFFIDAVIT OF ATTORNEY . H )·"'''ì1\.1I''')4;)¡ ,-~è) If O\J¡J (( j - - - ""'" 08'(' 3~,.ríj9 Q ') ') u', .J FURTHER AFFIANT SAYETH NAUGHT. ~ By: . P. Jaye Ri ley of Brown, Drew & Massey, LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed in my presence and sworn to before me by P. Jaye Rippley this Æ day of June, 2001. CINDY BAKER - NOTARY PUBLIC County of" Stc¡te of Natrona Wyoming My Commission Expires Sept. 16,2002 ss mYhand~al. ~ Notary Public 0-- ............,.,.......,.-.- My Commission Expires: -.!J --lit .- 0 J.. Certificate of Sale Morgareidge 21309-361 [01-04-1589] Page 8 of 8 - - -