HomeMy WebLinkAbout945780
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RECEIVING # 945780
BOOK: 717 PAGE: 205
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
SHERIFF'S CERTIFICATE OF PURCHASE
úOô20S
I, Shane Johnson, Sheriff of Lincoln County, State of Wyoming, do hereby certify,
pursuant to the terms and conditions of a certain mortgage dated August 17, 2007,
given by Antelope Ridge Development, LLC, Larry G. Miller, Member and Lance B.
Miller, Member, as mortgagor, to Commerce Bank of Wyoming, N.A., as mortgagee,
which mortgage was duly recorded in the Office of the County Clerk of Lincoln County,
Wyoming on August 21, 2007, in Book 669 at Page 664; to secure the payment of a
Promissory Note in the amount of $1,121,200.00 of even date therewith, which
mortgage further secured the renewed and extended obligations of the borrowers to
Commerce Bank of Wyoming, N.A., pursuant to the Promissory Note in the amount of
$700,000.00 dated August 17, 2007, both of which notes were executed by Antelope
Ridge Development, LLC, Larry G. Miller, Member and Lance B. Miller, Member, and
Larry G. Miller, individually and Lance B. Miller, individually; a Partial Release of which
Mortgage was recorded on August 21, 2008, in Book 702 at Page 762, in the Office of
the County Clerk of Lincoln County, Wyoming; and a second Partial Release of which
Mortgage was recorded on September 22,2008, in Book 705 at Page 337, in the Office
of the County Clerk of Lincoln County, Wyoming; and pursuant to a Notice of Real
Estate Mortgage Foreclosure and Sale of Personal Property Subject to a Security
Interest of said mortgage which was duly published for a period of four consecutive
weeks on February 5, February 12, February 19 and February 26, 2009, in the
Kemmerer Gazette, a newspaper of general circulation, published in the County of
Lincoln, State of Wyoming, a copy of which Notice of Foreclosure is attached hereto
and incorporated herein by reference and made a part of this Certificate of Purchase;
.~ that at the hour of 10:00 a.m. on March 10, 2009 at the Lincoln County Courthouse,
Kemmerer, Wyoming, I did offer for sale at public vendue to the highest and best bidder,
for cash, hereinafter described lands and premises as well as items of personal property
described below, and that Commerce Bank of Wyoming, N.A. did bid at said sale the
sum of $ 1,300,000.00
property.
I further certify that I first offered to sell a part or parcel of said land less than the
, which was the highest and best bid for said
whole thereof, if applicable, but could obtain no bid for any parcel of said land, and I
then offered the whole of said tract described as follows:
A parcel of land located in the southeast y.. of Section 15 and the southwest y.. of
Section 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of
Kemmerer, Lincoln County, Wyoming, and being more particularly described as
follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract
55 in said Section 14 for the Point of Beginning where is found a standard GLO
brass cap;
000206
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27 feet,
where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of said
Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence
Surveying, LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 000 09' 19"
W for 505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Thence N 880 01' 55" W for 501.40 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 000 03' 11" W for 301.11 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 27° 28' 50" W for 540.56 feet, to the southerly right of way of U.S.
Highway 30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC,
PLS 6450";
Thence N 63° 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 630 57' 00" E along said southerly right of way for 6.33 feet
to a point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of
T. 21 N., R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
Thence N 890 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet,
to the southeast corner of said Tract 64 and being on the west line of said Tract
56, where is found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 000 06' 50" E along the westerly boundary of said Tract 56, for 1320.27
feet to the Point of Beginning of this description.
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof;
AND
ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED TO ALL HEALTH
CARE INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS (INCLUDING BUT NOT
LIMITED TO ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS, LETTERS OF CREDIT,
DOCUMENTS, DEPOSIT ACCOUNTS, INVESTMENT PROPERTY, MONEY, OTHER RIGHTS TO
PAYMENT AND PERFORMANCE, AND GENERAL INTANGIBLES (INCLUDING BUT NOT LIMITED
TO ALL SOFTWARE AND ALL PAYMENT INTANGIBLES); ALL OIL, GAS AND OTHER MINERALS
BEFORE EXTRACTION; ALL OIL, GAS, OTHER MINERALS AND ACCOUNTS CONSTITUTING AS-
EXTRACTED COLLATERAL; ALL FIXTURES; ALL TIMBER TO BE CUT; ALL ATTACHMENTS,
ACCESSIONS, ACCESSORIES, FITTINGS, INCREASES, TOOLS, PARTS, REPAIRS, SUPPLIES,
AND COMMINGLED GOODS RELATING TO THE FOREGOING PROPERTY, AND ALL ADDITIONS,
REPLACEMENTS OF AND SUBSTITUTIONS FOR ALL OR ANY PART OF THE FOREGOING
PROPERTY; ALL INSURANCE REFUNDS RELATING TO THE FOREGOING PROPERTY; ALL
GOOD WILL RELATING TO THE FOREGOING PROPERTY; ALL RECORDS AND DATA AND
EMBEDDED SOFTWARE RELATING TO THE FOREGOING PROPERTY, AND ALL EQUIPMENT,
- 2 -
ÜOG207
INVENTORY AND SOFTWARE TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH
RECORDS AND DATA ON ELECTRONIC MEDIA; AND ALL SUPPORTING OBLIGATIONS
RELATING TO THE FOREGOING PROPERTY; ALL WHETHER NOW EXISTING OR HEREAFTER
ARISING, WHETHER NOW OWNED OR HEREAFTER ACQUIRED OR WHETHER NOW OR
HEREAFTER SUBJECT TO ANY RIGHTS IN THE FOREGOING PROPERTY; AND ALL PRODUCTS
AND PROCEEDS (INCLUDING BUT NOT LIMITED TO ALL INSURANCE PAYMENTS) OF OR
RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED,
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) ALL
ACCESSIONS, ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, SUPPLIES, REPLACEMENTS
OF AND ADDITIONS TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED
NOW OR LATER; (B) ALL PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED
IN THE COLLATERAL SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (C) ALL ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS,
MONIES, PAYMENTS, AND ALL OTHER RIGHTS, ARISING OUT OF A SALE, LEASE,
CONSIGNMENT OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (D) ALL PROCEEDS
(INCLUDING INSURANCE PROCEEDS) FROM THE SALE, DESTRUCTION, LOSS, OR OTHER
DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17,2007, AND SUMS DUE FROM A THIRD PARTY WHO HAS
DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S INSURER, WHETHER
DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) All RECORDS AND DATA
RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH ALL OF
GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFTWARE REQUIRED
TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA ON
ELECTRONIC MEDIA.
and that Commerce Bank of Wyoming, N.A. offered and bid for the whole of said
premises and personal property the above-stated amount.
I
That the same being the t¡ghest and best bid I could obtain for said premises
and personal property by reason pf said sale, the same was sold to Commerce Bank of
WvominQ, N.A. for the sum of $ 1,,300,000.00
I further certify that out of the sum so received, the same was applied toward the
discharge of the debt for which same was sold including the expense of publication of
the notice of sale, my fee as officer selling said property and attorney's fees. Attached
hereto and incorporated herein is an Affidavit of an attorney admitted generally to
practice in this state representing the mortgagee, or its assignee, the party instituting
this foreclosure. Also attached hereto and incorporated herein is an Affidavit reflecting
that written notice of intent to foreclose the mortgage by advertisement and sale was
served upon the record owners and persons in possession of the mortgaged premises
by Certified Mail, return receipt requested.
I further certify that unless said premises and personal property as so sold are
redeemed as provided by law before four (4) months from the date of March 10, 2009,
the said purchaser, Commerce Bank of Wyoming, N.A. will be entitled to a deed to the
same, conveying to it all of the right, title and interest of the said mortgagor in and to the
above-described premises and personal property.
- 3 -
DATED March 10, 2009.
OOiP208
SHANE JOHNSON, SHERIFF
LINCOLN COUNTY, WYOMING
By:
J.~hf(c:,¡Jt
Deputy Sheriff
1¿
rd- --- :J
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
I, {~\\I(U\'f\r\ -t\ü\\\\:.e~ , a Notary Public in and for the County
of Lincoln, State of Wyoming, do hereby certify that (,.) - ~~\C~JC<).\Î \ c...h.
who is personally known to me to be the person whose name is subscribed to the
foregoing SHERIFF'S CERTIFICATE OF PURCHASE and (Deputy) Sheriff of the
County of Lincoln, State of Wyoming, and designated therein as such officer, appeared
before me this 10th day of March, 2009, in person and acknowledged that _he signed,
sealed and delivered said instrument, in writing, as h_ free and voluntary act as
(Deputy) Sheriff of Lincoln County, State of Wyoming, for the use and purposes therein
set forth.
Witness my hand and official seal.
'-::~~'.,...~ --,_.;~.,.-- - - ~
SAVANNA L<J 11?1k.;LS ~ NÒ ~RY' PUBLIC
COUNTY or STATE 01'
LINCOLN , .¡. .'1' WYOMING
.. ~.~YJO!J1ll]SS!On£xi;I;"S:'L{ 1"2171
. '~;:"~iÞ- .
{~(~U rTlI"MVJ-- -¡::J ~J. \).)bJ2 j~
Notary Public
My Commission Expires:
- 4 -
----.........................__... __.... ........ ......LJ_'-'-.......
Kemmerer, W}
NOTICE OF REAL ESTATE MORTGAGE
. FØRECUOSURE·AND·SAL:E.OFPER80NAL,
.PROPERTY SUBÆCT TO A SECURITY INTEREST
'. Defaùlt having oc~utred on that certain Mortgage dated August 17, 2007,
gl.venby Larry G. Miller. Member, and Lance B. Miller, Member, Antelope
Ridge Development- LLC, to Commerce Bank of Wyoming, N.A., to secure
the payment of a Promissory Note in the amount of $1,121,200.00 of even
date therewith, which mortgage further secured the renewed and extended
obligatiòns of the borrowers to Commerce Bank of Wyoming, N.A., pursuant
to the Pr0rr?ssory Note in the amount of $700,000.00 dated August 17. 2007,
both of which notes were executed by Larry G. Miller, Member, and Lance
~. ~ler, Member, Antelope Ridge Development, LLC, and Larry G. Miller,
mdiVldually and Lance B. Miller, individually, and which Mortgage embraced
the following-described real property:
A parcel of land locàted in the southeast 1/4 öf Section 15 and the south-
West 1/4 of Section 14 of the resurvey of T. 21 N., R. 116 w., of the Sixth
P.M., City of Kemmerer, Lincoln County, Wyoming, and being more particu-
l¡iI'ly described as follows:
Beginning at the southwest comer of Tract 56 and the Northwest comer
of Tract 55 in said Section 14 for the Point of Beginning where is found a
standard GLO brass cap; ,
Thence, along the west line of said Tr!.\Ct 55, S 00° 06' 45" W for 765.27
(eet, where is found a 3" aluminum cap stamped "Pence Surveying LLC
PLS 6450"; , ,
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of
said Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence
Surveying, LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 00°
09' 19" W for 505.77 feet, where is found a3" aluminum cap stamped "Pence
Surveying, LLC, PLS 6450"; .
. Thence N88° 01' 55~' WfodOJAO feet, where is found a 3" aluminum
Càp stamped"Pence Suryeying,)..LC, PLS 6450";
Thence N 00° 03' 11" W for'301.11 feet, where is found a 3" aluffiinum
cap stamped "Pence Surveying, LLC. PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum
cap stamped "Pence Surveying, LLC, PLS 6450";
Thence S 62°31' 09" W fO{' ~:t.00 feet, where is found a 3" aluminum
cap stamped "Pence Surveying .i' "Ol..S 6450";
Thence N 27° 28' 50" W t~ ,. ;:et, to the southerly right of way of
U.S. Highway 30, where is' aluminum cap stamped "Pence Sur-
veying, LLC, PLS 6450";
Thence N 63° 57' 00" E ~Ür 1455.09 feet, along said southerly right of
way, to a standard concrete highway right of way monument;
, Thence, con~nuing N 63° 57' 00" E along said southerly right of way for
6.33 feet to a pomt on the southerly boundary of Tract 64 in Section 14, of the
Resurvey ofT. 21 N., R. 116 w., where is found a 2" aluminum cap stamped
CCI, PE&LS,; , .
. Thence N 89° 46' 56" E along the southerly boundary of Tract 64, for
201.16 feet, to the southeast corner of said Tract64 and being onthe west line
of said Tract 56,where is found a 3" aluminum cap stamped CCI. PE&LS; .
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for
1320.27 feet to the Point of Beginning of this description.
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln
County, Wyoming as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln
County, Wyoming as described on the official plat thereof;
and which Mortgage was duly recorded on August 21,2007, in Book 669
at Page 664, in the Office of the County Clerk of Lincoln County, Wyoming;
and
WHEREAS, a Partial Release of said Mortgage was recorded on August
21, 2008, in Book 702 at Page 762, in the Office of the County Clerk of
Lincoln County, Wyoming; and
WHEREAS. a second Partial Release of said Mortgage was recorded on
September 22,2008, in Book 705 at Page 337, in the Office of the County
Clerk of Lincoln County, Wyoming; and
WHEREAS, default has also occurred with respect to the Commercial
Security Agreement which also secures the above-referenced Promissory
Notes. which Security Agreement pertains to collateral more particularly de-
scribed as follows:
All inventory, equipment, accounts (including but not limited to all health
care insurancè receivables), chattel paper, instruments (including but not lim- ) f
ited to all promissory notes), letter of credit rights, letters of credit, docu-
ments, deposit accounts, investment property, money, other rights to payment
and performance. and general intangibles (including but not limited to all
software and all payment intangibles); all oil, gas and other minerals before
extraction; all oil, gas, other minerals and accounts constituting as-extracted
collateral; all fixtures; all timber to be cut; all attachments, accessions, acces-
sorie.s, fittings, increases, tools, parts, repairs, supplies, and commingled goods
relatmg to the foregoing property. and all additions, replacements of and sub-
stitutigns for all or any part of the foregoing property; all insurance refunds
relating to the foregoing property; all good will relating to the foregoing prop-
erty; all records and data and embedded software relating to the foregoing
property, and 'all equipment, inventory and software to utilize, create, main-
tain and process any such records and data on electronic media; and all sup-
porting obligations relating to the foregoing property; all whether now exist-
ing or hereafter arising, whether now owned or hereafter acquired or whether
now or hereafter subject to any rights in the foregoing property; and all prod-
ucts and proceeds (including but not limited to all insurance payments) of or
relating to the foregoing property. .
" And all of the following Whether now owned or hereafter acquired, whether
~ow existing or hereafter arising, and wherever located: (a) all accessions,
attachments, accessories, tools, parts, supplies, replacements of and additions
t9 any of the collateral described herein, whether added now or later; (b) all
produ~ts and produce of any of the property described in the collateral sec-
t~on of the commercial Security Agreement dated August 17, 2007; (c) All
~ccounts, general intangibles, instruments, rents. monies, payments, and all
other rights, arising out o~ a sale, leas~, consign,?~nt or other disposition of
ú00209
) ss.
Coumy or Lincoln
I, Michael Jensen, do solemnly swear that
I am the publisher of the Kemmerer
Gazette,' a
weekly
of
general
paper
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
,JR1lUù1hhff--
A.D., 20123--, and the last publication on
í day
of
the -2J.¿ day of
.£blutt./,\1¡f--
that said nOlice was
A.D., 20-I:fL;
published in a regular and entire issue of
the paper(s) in which it was published; and
that said libtice was published 111
tbe
newspaper
and
a
proper,
nol
In
supplement.
.~(} .
MIchael Jensen, Publisher
Subscribed in my presence and sworn to
.-.--.....
the
.[2~'"
.~ l..1-,C,~· 1
Notice '", 54(' 56 \1.'
. lor """
rouúd ,,3 "
;.; r.'T I <-I'))
and
WHEREAS, the default has occuned by reason of the failure of the Mort-
gagors to pay the principal and interest due thereon when the same became
due and payable, and other defaults of perfomlance under the tenus of the
Mortgage. Commercial Security Agreement and the Promissory Notes se-
cured thereby, and the Mortgage providing that the entire balance will be-
come due at the option of the Mortgagee or its Assignees upon default, and
the Mortgagee or Assignee having elected to declare the entire debt secured
th~reby to be due and payable as provided by law; and
WHEREAS, no suit or proceeding has been instituted at law to recover
the debt remaining secured by said Mortgage and Commercial Security Agree-
ment or any part thereof; and
WHEREAS, it is the desire of the secured party to sell said personal prop-
erty as described above at the same time as the real property.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that the above-de-
scribed real property as well as the personal property will be offered for sale
and sold by the Sheriff of Lincoln County, or his deputy, to the highest and
best bidder for cash. at public vendue, at the.hour of 10:00 a.m. on March 10,
2009; that the amount due and owing at the date of this Notice is $1,329,190.17,
(inclusive of unpaid principal, interest calculated through and including Feb-
ruary 5, 2009, late charges calculated through January 12, 2009, attorI1e~'s
. . . r r-. L _.. 1 n .,f\no ..._...:1 ...:+1.... ...ð...........9"f- .çO:U:~L" tnrT""thp1" 'Ul1th
· NOTICE OF REAL ESTATE MORTGAGE
'. FORECLOSURE AND SALE OF PERSONAL
PROPERTY SUBJECT TO A SECURITY INTEREST
Default having occurred on that certain Mortgage dated August 17. 2007,
given by Larry G. Miller. Member, and Lance B. Miller, Member, Antelope
Ridge Development, LLC, to Commerce Bank of Wyoming, N.A., to secure
the payment of a Promissory Note in the amount of $1,121,200.00 of even
date therewith. which mortgage further secured the renewed and extended
obligations of the borrowers to Commerce Bank of Wyoming, N .A., pursuant
to the Promissory Note in the amount of $700,000.00 dated August 17, 2007,
both of which notes were executed by Larry G. Miller, Member, and Lance
B. Milled Member. Antelope Ridge Development. LLC, and Larry G. Miller,
individuafly and Lance B. Miller, individually, and which Mortgage embraced
the following-described real property: .
A par~el of land located in the southeast 1/4 of Section 15 and the so~th-
west 1/4 of Secûon 14 of the resurvey of T. 21 N., R. 116 W., of the SiXth
P.M., City of Kemmerer, Lincoln County. Wyoming, and being more particu-
larly described as follows:
Beginning at the southwest comer of Tract 56 and the Northwest comer
of Tract 55 in said Section 14 for the Point of Beginning where is found a
standard GLO brass cap; .
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27
feet, where is found a 3" aluminum cap ~tamped "Pence Surveying, LLC,
PLS 6450"; .
Thence N 680 17' 52" W for 298.48 feet to a point on the common line of All inventory, equipment. accounts (including but not limited to all health
said Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence care insurance receivables), chattel paper, instruments (including but not lim-
Surveying, LLC, PLS 6450"; ited to all promissory notes), letter of credit rights, letters of credit, docu-
Thence, along the common line between said Sections 14 and 15, N 00° ments. deposit accounts, investment property, money. other rights to payment
09' 19" W for 505.77 feet, where is found a 3" aluminum cap stamped "Pence and perfonnance, and general intangibles (including but not limited to all
Surveying, LLC. PLS 6450";' software and all payment intangibles); all oil, gas and other minerals before
Thence N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum extraction; all oU, gas, other minerals and accounts constituting as-extracted
cap stamped "Pence Surveying, LLC, PLS 6450"; collateral; all fixtures; all timber to be cut; all attachments, accessions, acces-
Thence N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum sories, fittings, increases, tools, parts. repairs, supplies. and commingled goods
cap stamped "Pence Surveying, LLC, PLS 6450"; relating to the foregoing property, and all additions. replacements of and sub-
Thence N 550 36' 32" W for 283.27 feet, where is found a 3" aluminum stitutions for all or any part of the foregoing property; all insurance refunds.
cap stamped "Pence Surveying, LLC. PLS 6450"; relating to the foregoing property; all good will relating to the foregoing prop-
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum erty; all records and data and embedded software relating to the foregoing
cap stamped "Pence Surveying, LLC, PLS 6450"; , property, and all equipment. inventory and software to utilize, create. main-
Thence N 270 28' 50" W for 540.56 feet. to the southerly right of way of tain and process any such records and data on electronic media; and all sup-
U.S. Highway 30. where is found a 3" aluminum cap stamped "Pence Sur- porting obligations relating to the foregoing property; all whether now exist-
veying, LLC, PLS 6450"; , . , ing or hereafter arising. whether now owned or hereafter acquired or whether
Thence N 630 57' 00" E for 1455.09 feet, along said southerly right of now or Hereafter subject to any rights in the foregoing property¡ and all prod-
way, to a standard concrete highway right of way monument; ucts and proceeds (including but not limited to all insurance payments) of or
Thence, continuing N 63° 57' 00" E along said southerly right of way for relating to the foregoing property.
6.33 feet to a point on tþe southerly boundary of Tract 64 in Secûon 14; of the And all of the following whether now owned or hereafter acquired, whether
Resurvey ofT. 21.N., R. 116 W., where is found a 2" aluminum cap stamped now existing or hereafter arising, and wherever located: (a) all accessions,
CCI. PE&LS,; attachments, accessories. tools, parts. supplies. replacements of and additions
Thence N 890 46' 56" E along the southerly boundary of Tract 64, for to any of the collateral described herein. whether added now or later; (b) all
: 201.16 feet, to the southeast comer öf said Tract 64 and being on the west line products and produce of any of the property described in the .c.ollateral sec-
, of said Tract 56, where is found a 3" aluminum cap stamped CCI, PE&LS; . tion of the commercial Security Agreement dated August 17, 2007; (c) All
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for accounts, general intangibles, instruments, rents, monies, payments, and all
1320.27 feet to the Pöint of Beginning of this description. other rights, arising out of a sale. lease. consignment or other disposition of
Less and except the following: any of the property described in the Commercial Security Agreement dated
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase I, Lincoln August 17, 2007; (d) All proceeds (including insurance proceeds) from the
County, Wyoming as described on the official plat thereof sale, destruction, loss, or other disposition of any of the property described in
Also, less artd except the following: . the Commercial Security Agreement dated August 17, 2007, and sums due
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase I, Lincoln from a third party who has damaged or destroyed the collateral or from that
County, Wyoming as described on the official plat thereof; party's insurer, whether due to judgment. settlement or other process; and (e)
and which Mortgage was duly recorded on August 21,2007, in Book 669 all records and data relating to any of the property described in the Commer-
at Page 664, in the Office of the County Clerk of Lincoln County, Wyoming; cial Security Agreement dated August 17, 2007, whether in the fonn' of a
and ' . writing, photograph, microfilm, microfiche. or electronic media, together with
WHEREAS, a Partial Release of said Mortgage was recorded on August all of Grantor's rigl;1t, title, and interest in and to alloomputer software re-
21, 2008, in Book 702 at Page 762, in the Office of the County Clerk of quired to utilize; .create; 'maintain and process any such records or data on
lfincoln County. Wyoming; and.. ., .\ . ' dectronicmedia. .'. . '. ' .' '
'---:WHflRB*S;-necowParthttRete<tSe-uhaitl-Mortgagecwasrecorded on . and .
September.22, ~008, .w.~BþQ~ 105'\'-t¿1l~e. ~,37; w-,t~ Office of the County' ,WHEREAS, the default has occurred by reason of the failure of the Mort-
Clerk of Lmcom C01irltý,,~J¡ß~;ab~LlH:'VJJI.:.' '. . . .. gagors to pay the principal and interest dUe.thèi:eonwhen the same became
WHEREAS, default has also occurred with respect to the Commercial due and payable, and other defaults of performance uriderthe tenilsofthe
Security Agreement which also secures the' above-referenced Promissory Mortgage. Commercial Security Agreement and the Promissory Notes se-
Notes, which Security Agreement pertains to collateral more particularly de- cured thereby, and the Mortgage providing that the entire balance will be-
scribed as follows: . . ,tome due at the option oithe Mortgageeodts Assignees upon default, and
_, the Mortgagee or Assignee having elected to declare the entire debt secured
thereby to be due and payable as provided by law; and . .
WHEREAS, no suit otþroceeding has been instituted atJaw to recover
, the debt remaining secured by said Mortgage and Commercial Security Agree-
ment or any part"thereof; and . ;'.
WHEREAS, it is the desire of the secured party to sell said person~ prop-
erty as described above at .the same time as. the reM property..,. .'
NOW, THEREFORE, NOTICE IS HEREBY GIVEN that theabové-de-
scribed real property as'well as the personal property will be offered for sale
and sold þy the Sheriff of Lincoln County; or his deputy, to the highesflind
best bidder for cash, at public vendue, at the hö1.Ìr of 10:00 a.m: on March 10,
2009; that the amount due and owing at the date of this Notice is$1,329J90.17,
(inclusive of unpaid principal, interest calculated through and including J:1eb-
ruary 5, 2009, late charges calculated through January. 12, 2009, attorney's.
fees calculated as of Dec.ember 19. 2008 and title report fees); together with
additional interest to the date of sale from February 6. 2009, addiûonal1ate
charges im;urred after January 12. 2009, additional attorney's fees incUrred
after December 19,2008 and additional costs of the foreclosure action; said
sale to take. place at the Lincoln County Courthouse. 925 SageAvenue.
Kemmerer, Wyoming: . '. .
The property being foreclosed upon may be subject to other llens and
encUmbrances:that,wiUnotbe extinguiShed át the sale and any prospec-
tive bidder should research the status of title before submitting a bid.
.·,.DATED February 5, 2009.
OOû210
, êömmerce Bank of Wyoming. N.A. .
By: DRAY, THOMSON & DYEKMAN, P.C.
Pnh1ish:February 5, 12, 19 and 26, 2009 Kemmerer_ø~ette 0205A
STATE OF WYOMING )
) ss.
COUNTY OF LARAMIE )
000211
AFFIDAVIT
Gregory C. Dyekman, being first duly sworn upon his oath, deposes and states
as follows:
1. That he is an attorney for Commerce Bank of Wyoming, N.A., the current
holder of that certain real estate mortgage and security agreement covering real and
personal property described as:
A parcel of land located in the southeast % of Section 15 and the southwest % of
Section 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of
Kemmerer, Lincoln County, Wyoming, and being more particularly described as
follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract
55 in said Section 14 for the Point of Beginning where is found a standard GLO
brass cap;
Thence, along the west line of said Tract 55, S 000 06' 45" W for 765.27 feet,
where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 680 17' 52" W for 298.48 feet to a point on the common line of said
Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence'
Surveying, LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 000 09' 19"
W for 505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Thence N 880 01' 55" W for 501.40 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 000 03' 11" W for 301.11 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 550 36' 32" W for 283.27 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence S 620 31' 09" W for 284.00 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 270 28' 50" W for 540.56 feet, to the southerly right of way of U.S.
Highway 30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC,
PLS 6450";
Thence N 630 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 630 57' 00" E along said southerly right of way for 6.33 feet
to a point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of
T. 21 N., R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
Thence N 890 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet,
to the southeast corner of said Tract 64 and being on the west line of said Tract
56, where is found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 000 06' 50" E along the westerly boundary of said Tract 56, for 1320.27
feet to the Point of Beginning of this description.
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof;
00021.2
AND
ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED TO ALL HEALTH
CARE INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS (INCLUDING BUT NOT
LIMITED TO ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS, LETTERS OF CREDIT,
DOCUMENTS, DEPOSIT ACCOUNTS, INVESTMENT PROPERTY, MONEY, OTHER RIGHTS TO
PAYMENT AND PERFORMANCE, AND GENERAL INTANGIBLES (INCLUDING BUT NOT LIMITED
TO ALL SOFlìNARE AND ALL PAYMENT INTANGIBLES); ALL OIL, GAS AND OTHER MINERALS
BEFORE EXTRACTION; ALL OIL, GAS, OTHER MINERALS AND ACCOUNTS CONSTITUTING AS-
EXTRACTED COLLATERAL; ALL FIXTURES; ALL TIMBER TO BE CUT; ALL ATTACHMENTS,
ACCESSIONS, ACCESSORIES, FITTINGS, INCREASES, TOOLS, PARTS, REPAIRS, SUPPLIES,
AND COMMINGLED GOODS RELATING TO THE FOREGOING PROPERTY, AND ALL ADDITIONS,
REPLACEMENTS OF AND SUBSTITUTIONS FOR ALL OR ANY PART OF THE FOREGOING
PROPERTY; ALL INSURANCE REFUNDS RELATING TO THE FOREGOING PROPERTY; ALL
GOOD WILL RELATING TO THE FOREGOING PROPERTY; ALL RECORDS AND DATA AND
EMBEDDED SOFlìNARE RELATING TO THE FOREGOING PROPERTY, AND ALL EQUIPMENT,
INVENTORY AND SOFlìNARE TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH
RECORDS AND DATA ON ELECTRONIC MEDIA; AND ALL SUPPORTING OBLIGATIONS
RELATING TO THE FOREGOING PROPERTY; ALL WHETHER NOW EXISTING OR HEREAFTER
ARISING, WHETHER NOW OWNED OR HEREAFTER ACQUIRED OR WHETHER NOW OR
HEREAFTER SUBJECT TO ANY RIGHTS IN THE FOREGOING PROPERTY; AND ALL PRODUCTS
AND PROCEEDS (INCLUDING BUT NOT LIMITED TO ALL INSURANCE PAYMENTS) OF OR
RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED,
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) ALL
ACCESSIONS, ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, SUPPLIES, REPLACEMENTS
OF AND ADDITIONS TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED
NOW OR LATER; (B) ALL PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED
IN THE COLLATERAL SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (c) ALL ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS,
MONIES, PAYMENTS, AND ALL OTHER RIGHTS, ARISING OUT OF A SALE, LEASE,
CONSIGNMENT OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (D) ALL PROCEEDS
(INCLUDING INSURANCE PROCEEDS) FROM THE SALE, DESTRUCTION, LOSS, OR OTHER
DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, AND SUMS DUE FROM A THIRD PARTY WHO HAS
DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S INSURER, WHETHER
DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) ALL RECORDS AND DATA
RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH ALL OF
GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFlìNARE REQUIRED
TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA ON
ELECTRONIC MEDIA.
which mortgage is dated August 17, 2007, and was executed by Larry G. Miller,
Member, and Lance B. Miller, Member, Antelope Ridge Development, LLC, as
mortgagor, to Commerce Bank of Wyoming, N.A., as mortgagee, which mortgage was
duly recorded in the Office of the County Clerk of Lincoln County, Wyoming on August
21, 2007, in Book 669 at Page 664; said mortgage secured the Promissory Note of
even date therewith in the amount of $1,121,200.00 and further secured the renewed
and extended obligations of the borrowers to Commerce Bank of Wyoming, N.A.
pursuant to the Promissory Note in the amount of $700,000.00 dated August 17, 2007,
both of which notes were executed by Larry G. Miller, Member, and Lance B. Miller,
Member, Antelope Ridge Development, LLC, and Larry G. Miller, individually and Lance
B. Miller, individually.
2. That on January 14, 2009, a notice of intent to foreclose, a copy of which
is attached hereto, was addressed to the mortgagor and record owners at their last
known addresses and mailed by certified mail, return receipt requested, with copies
addressed to all known persons in possession, and all known parties of interest, and
mailed by certified mail, as follows:
Page 2
~
Antelope Ridge Development, LLC
42 North 200 East Suite 3
American Fork, UT 84003
Larry G. Miller
2129 North Glendon Way
Pleasant Grove, UT 84062
Lance B. Miller
3054 East Slick Rock Road
Washington, UT 84780
60\)12:1.3
3. That on January 29, 2009, a notice of real estate mortgage foreclosure
and sale of personal property subject to a security interest, a copy of which is attached
hereto, was addressed to the mortgagors, lienholders, record owners and all known
parties of interest, at their last known addresses, and mailed by certified mail, return
receipt requested, as follows:
Antelope Ridge Development, LLC
42 North 200 East Suite 3
American Fork, UT 84003
Larry G. Miller
2129 North Glendon Way
Pleasant Grove, UT 84062
Lance B. Miller
3054 East Slick Rock Road
Washington, UT 84780
Fox Materials, LLC
c/o Robert Bernard Fox
10283 State Highway 233
Kemmerer, WY 83101
Lance B. Miller
42 North 200 East Suite 3
American Fork, UT 84003
Jeremiah Falsev, Estimator
Consolidated Paving and Concrete, Inc.
1705 West 2450 South
Ogden, UT 84401
Inberg Surveying Company, Inc.
dba Inberg-Miller Engineers
124 East Main Street
Riverton, WY 82501
Legacy Mortgage Financial Services, LLC
Larry G. Miller, Manager
42 North 200 East Suite 3
American Fork, UT 84003
L&N Real Estate Consulting, LLC,
2129 N. Glendon Way
Pleasant Grove, UT 84062
Freehomeloan"com Real Estate Services, Inc.
42 North 200 East Suite 3
American Fork, UT 84003
Nancy R. Miller
2129 North Glendon Way
Pleasant Grove, UT 84062
Jerry Greenfield
Lincoln County Treasurer
925 Sage Avenue
Kemmerer, WY 83101
Veri A. Jensen Living Trust
Veri A. Jensen and
Margene Jensen, Trustees
10318 N. Golden Oak Lane
Highland, UT 84003
DATED March 3, 2009.
dÕ~¿~<j~ðH
G gory C. kman
Acknowledged, subscribed and sworn to before me by Gregory C. Dyekman on
March 3, 2009.'
Witness my hand and official seal.
JC1n~ N. ~6TrZCl~
Notary Public
COUNTY OF
LARAMIE:
Page 3
9~ap~ !/XOmdO/t ¿¿. 9peÆma/t~ 9. ~ 60&21.4
W. PERRY DRAY
WILLIAM J. THOMSON
GREGORY C. DYEKMAN
RANDALL B. REED
NICHOLAS G. J. HEALEY
MICHELLE L. BUSH*
BRIAN J. HANIFY
TIMOTHY L. WOZNICK
L. BARTON PEACH*
A PROFESSIONAL CORPORATION
AlTORNEYS AT LAw
204 EAST 22ND STREET
CHEYENNE, WYOMING 82001-3799
WNW.DRAYLAW.COM
TELEPHONE
(307) 634-8891
TELEFAX
(307) 634-8902
E-MAIL
Greg. Dyekman@draylaw.com
JANAIA GONZALES
PARALEGAL
OF COUNSEL:
MICHAEL D. BASOM
"ALSO ADMITTED IN COLORADO
January 14, 2009
Antelope Ridge Development, LLC
42 North 200 East Suite 3
American Fork, UT 84003
CERTIFIED MAIL NO.
7008 1140 0003 3804 6966
RETURN RECEIPT REQUESTED
Larry G. Miller
2129 North Glendon Way
Pleasant Grove, UT 84062
CERTIFIED MAIL NO.
7008 0500 0000 5550 5525
RETURN RECEIPT REQUESTED
Lance B. Miller
3054 East Slick Rock Road
Washington, UT 84780
CERTIFIED MAIL NO.
7008 1140 0003 3804 6959
RETURN RECEIPT REQUESTED
NOTICE OF INTENT TO FORECLOSE REAL ESTATE MORTGAGE
RE: Real Estate Mortgage to Commerce Bank of Wyoming, N.A.
Dear Mr. Miller and Mr. Miller:
Pursuant to that certain mortgage executed by Larry G. Miller, Member, and Lance B.
Miller, Member, Antelope Ridge Development, LLC to Commerce Bank of Wyoming,
N.A. dated August 17, 2007, which mortgage secured the Promissory Note of even date
therewith in the amount of $1,121,200.00 and further secured the renewed and
extended obligations of the borrowers to Commerce Bank of Wyoming, N.A. pursuant to
the Promissory Note in the amount of $700,000.00 dated August 17, 2007, both of
which notes were executed by Larry G. Miller, Member, and Lance B. Miller, Member,
Antelope Ridge Development, LLC, and Larry G. Miller, individually and Lance B. Miller,
individually, which mortgage encumbers the following-described real property:
Antelope Ridge Development, LLC
Larry G. Miller
Lance B. Miller
January 14, 2009
Page 2
ÛOô2j.5
A parcel of land located in the southeast % of Section 15 and the southwest % of
Section 14 of the resurvey of 1. 21 N., R. 116 W., of the Sixth P.M., City of
Kemmerer, Lincoln County, Wyoming, and being more particularly described as
follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract
55 in said Section 14 for the Point of Beginning where is found a standard GLO
brass cap;
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27 feet,
where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of said
Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence
Surveying, LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 00° 09' 19"
W for 505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Thence N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 2r 28' 50" W for 540.56 feet, to the southerly right of way of U.S.
Highway 30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC,
PLS 6450";
Thence N 63° 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 63° 57' 00" E along said southerly right of way for 6.33 feet
to a point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of
T.21 N., R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
Thence N 89° 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet,
to the southeast corner of said Tract 64 and being on the West line of said Tract
56, where is found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for 1320.27
feet to the Point of Beginning of this description.
- - -. - - ...
Antelope Ridge Development, LLC
Larry G. Miller
Lance B. Miller
January 14, 2009
Page 3
û0021.6
Less and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
YOU ARE HEREBY NOTIFIED:
1. Commerce Bank of Wyoming, N.A., hereby declares the following sums secured
by the above-referenced mortgage to be immediately due and payable:
Loan No. 58188
Outstanding principal:
Accrued and unpaid interest:
(through 1/14/09)
Late charges:
TOTAL for Loan No. 58188 :
$454,289.77
15,740.68
2,677.80
*$472.708.25
Loan No. 58189
Outstanding principal:
Accrued and unpaid interest:
(through 1/14/09)
Late charges:
Attorney's fees:
TOTAL for Loan No. 58189:
$799,137.63
26,407.52
3,417.42
14,767.42
*$843.729.99
* Does not include attorney's fees after December 19, 2008 and additional
foreclosure costs.
2. Commerce Bank of Wyoming, N.A. hereby invokes the power of sale under the
mortgage and by this letter gives notice of its intent to foreclose the mortgage in
accordance with Wyoming law. Therefore, if payment in full is not received within
ten (10) days after the mailing of this notice, we shall begin foreclosure
proceedings, pursuant to law, by commencing publication of the notice of
foreclosure sale in a newspaper of general circulation in the county in which the
property to be sold is located. These are commercial loans.
Antelope Ridge Development, LLC
Larry G. Miller
Lance B. Miller
January 14, 2009
Page 4
00û21.7
If you believe that you are entitled to claim the benefit of the provisions of the Soldiers
and Sailors Civil Relief Act (50 U.S.C. 501 et. seq.) please provide us with written notice
of your desire to do so immediately, together with a specific statement of the date upon
which you were called to active duty, your branch of military service and your current
status.
If you have any questions regarding this matter, please feel free to contact an attorney
of your choice.
Yours truly,
DRAY, THOMSON & DYEKMAN, P.C.
~;:¿r~
jmg
pc: Commerce Bank of Wyoming, N.A.
Veri A. Jensen and Margene Jensen, Trustees, Veri A. Jensen Living Trust
F ox Materials, LLC
Jeremiah Falsev, Estimator, Consolidated Paving and Concrete, Inc.
Inberg Surveying Company, Inc., dba Inberg-Miller Engineers
Copies sent by regular first class mail
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1. Article M'?:2ssed to: .,.,.~~
Antel\'~, ;'dge Developm~"ll
42 NoMl":r200 East Suite 3
American Fork, UT 84003
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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAw
204 EAST 22ND STREET
CHEYENNE, WYOMING 82001-3799
'NWW. DRAYLAW. COM
W. PERRY DRIlY
WILLIAM J. THOMSON
GREGORY C. DYEKMAN
RANDALL B. REED
NICHOLAS G. J. HEALEY
MICHELLE L. BUSH"
BRIAN J. HANIFY
TIMOTHY L. WOZNICK
L. BARTON PEACH"
OF COUNSEL:
MICHAEL D. BJISOM
TELEPHONE
(307) 634-8891
TELEFAX
(307) 634-8902
E-MAIL
Greg.Dyekman@draylaw.com
JANAIA GONZALES
PARALEGAL
I ûOû220
!
NOTICE OF REAL ESTATE MORTGAGE FORECLOSURE AND SALE OF
PERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST
"ALSO ADMITTED IN COLORADO
DATE: January 29, 2009
TO:
Antelope Ridge Development, LLC
42 North 200 East Suite 3
American Fork, UT 84003
CERTIFIED MAIL NO.
7008 1140 0003 3804 6980
RETURN RECEIPT REQUESTED
Lance B. Miller
3054 East Slick Rock Road
'Nashington, UT 84780
CERTIFIED MAIL NO.
7008 114000033804 7000
RETURN RECEIPT REQUESTED
Fox Materials, LLC
c/o Robert Bernard Fox
10283 State Highway 233
K,emmerer, WY 83101
CI::RTIFIED MAIL NO.
7008 1140 0003 3804 7024
RETURN RECEIPT REQUESTED
Inberg SUNeying Company, Inc.
dba Inberg-Miller Engineers
124 East Main Street
Riverton, WY 82501
CERTIFIED MAIL NO.
7008 1140 0003 3805 4589
RI::TURN RECEIPT REQUESTED
L~N Real Estate Consulting, LLC
2'129 N. Glendon Way
Pleasant Grove, UT 84062
CERTIFIED MAIL NO.
7008 1140 0003 3805 4640
RETURN RECEIPT REQUESTED
Nancy R. Miller
2'129 North Glendon Way
Pleasant Grove, UT 84062
CERTIFIED MAIL NO.
7008 1140 0003 3805 4626
RETURN RECEIPT REQUESTED
Veri A. Jensen Living Trust
Veri A. Jensen and
Mlargene Jensen, Trustees
10318 N. Golden Oak Lane
Highland, UT 84003
CERTIFIED MAIL NO.
7008 114000033804 7017
RETURN RECEIPT REQUESTED
Larry G. Miller
2129 North Glendon Way
Pleasant Grove, UT 84062
CERTIFIED MAIL NO.
7008 1140 0003 3804 6997
RETURN RECEIPT REQUESTED
Lance B. Miller
42 North 200 East Suite 3
American Fork, UT 84003
CERTIFIED MAIL NO.
7008 1140 0003 3805 4664
RETURN RECEIPT REQUESTED
·Jeremiah Falsev, Estimator
Consolidated Paving and Concrete, Inc.
1705 West 2450 South
Ogden, UT 84401
CERTIFIED MAIL NO.
7008 .1140 0003 3804 7031
RETURN RECEIPT REQUESTED
Legacy Mortgage Financial SeNices, LLC
Larry G. Miller, Manager
42 North 200 East Suite 3
American Fork, UT 84003
CERTIFIED MAIL NO.
7008 1140 0003 3805 4596
RETURN RECEIPT REQUESTED
Freehomeloan.com Real Estate SeNices, Inc.
42 North 200 East Suite 3
American Fork, UT 84003
CERTIFIED MAIL NO.
7008 1140 0003 3805 4657
RETURN RECEIPT REQUESTED
Jerry Greenfield
Lincoln County Treasurer
925 Sage Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO.
7008 1140 0003 3805 4633
RETURN RECEIPT REQUESTED
NOTICE OF REAL ESTATE MORTGAGE FORECLOSURE AND SALE OF
!)ERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST C:Oi.J221
RE: Your possible claim against or interest in property owned by Antelope Ridge
Development, LLC, Larry G. Miller, Member, and Lance B. Miller, Member.
PURPOSE:
This purpose of this notice is to advise you that we are currently involved in
fOfieclosure of a mortgage and a security interest against the property described
below. We have been advised that you may hold or claim an interest in said
real property and personal property, and therefore, this foreclosure may
materially affect or terminate your rights in said property.
DESCRIPTION OF PROPERTY:
I
A parcel of land located in the southeast % of Section 15 and the southwest % of
Se,ction 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of
Kemmerer, Lincoln County, Wyoming, and being more particularly described as
follows:
Be~ginning at the southwest corner of Tract 56 and the Northwest corner of Tract 55
in said Section 14 for the Point of Beginning where is found a standard GLO brass
cap;
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27 feet,
where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thl3nce N 68° 17' 52" W for 298.48 feet to a point on the common line of said
Se,ctions 14 and 15, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 00° 09' 19" W
for 505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Tht3nce N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thl3nce N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thl3nce S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thl3nce N 27° 28' 50" W for 540.56 feet, to the southerly right of way of U.S.
Hiøhway 30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC,
PLS 6450";
Thl3nce N 63° 57' 00" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thl3nce, continuing N 63° 57' 00" E along said southerly right of way for 6.33 feet
to ;8 point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of
T. :21 N., R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
ThlEmce N 89° 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet,
to the southeast corner of said Tract 64 and being on the west line of said Tract 56,
where is found a 3" aluminum cap stamped CCI, PE&LS;
Thl3nce S 00° 06' 50" E along the westerly boundary of said Tract 56, for 1320.27
feet to the Point of Beginning of this description.
Le:ss and except the following:
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the offici91 plat thereof
Also, less and except the following:
(:0&222
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
TOGETHER WITH ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED
TO ALL HEALTH CARE INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS
(INCLUDING BUT NOT LIMITED TO ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS,
LETTERS OF CREDIT, DOCUMENTS, DEPOSIT ACCOUNTS, INVESTMENT PROPERTY,
MONEY, OTHER RIGHTS TO PAYMENT AND PERFORMANCE, AND GENERAL INTANGIBLES
(INCLUDING BUT NOT LIMITED TO ALL SOFTWARE AND ALL PAYMENT INTANGIBLES); ALL
OIL, GP,S AND OTHER MINERALS BEFORE EXTRACTION; ALL OIL, GAS, OTHER MINERALS
AND ACCOUNTS CONSTITUTING AS-EXTRACTED COLLATERAL; ALL FIXTURES; ALL TIMBER
TO BE CUT; ALL ATTACHMENTS, ACCESSIONS, ACCESSORIES, FITTINGS, INCREASES,
TOOLS, PARTS, REPAIRS, SUPPLIES, AND COMMINGLED GOODS RELATING TO THE
FOREGOING PROPERTY, AND ALL ADDITIONS, REPLACEMENTS OF AND SUBSTITUTIONS
FOR ALL OR ANY PART OF THE FOREGOING PROPERTY; ALL INSURANCE REFUNDS
RELATING TO THE FOREGOING PROPERTY; ALL GOOD WILL RELATING TO THE FOREGOING
PROPERTY; ALL RECORDS AND DATA AND EMBEDDED SOFTWARE RELATING TO THE
FOREGOING PROPERTY, AND ALL EQUIPMENT, INVENTORY AND SOFTWARE TO UTILIZE,
CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS AND DATA ON ELECTRONIC MEDIA;
AND ALL SUPPORTING OBLIGATIONS RELATING TO THE FOREGOING PROPERTY; ALL
WHETHER NOW EXISTING OR HEREAFTER ARISING, WHETHER NOW OWNED OR
HEREAFTER ACQUIRED OR WHETHER NOW OR HEREAFTER SUBJECT TO ANY RIGHTS IN
THE FOREGOING PROPERTY; AND ALL PRODUCTS AND PROCEEDS (INCLUDING BUT NOT
LIMITED TO ALL INSURANCE PAYMENTS) OF OR RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED,
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) All
ACCESSIONS, ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, pUPPLlES, REPLACEMENTS
OF AND ADDITIONS TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED
NOW OR LATER; (B) ALL PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED
IN THE COLLATERAL SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (C) ALL ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS,
MONIES, PAYMENTS, AND ALL OTHER RIGHTS, ARISING OUT OF A SALE, LEASE,
CONSIGNMENT OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (D) ALL PROCEEDS
(INCLUDING INSURANCE PROCEEDS) FROM THE SALE, DESTRUCTION, lOSS, OR OTHER
DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, AND SUMS DUE FROM A THIRD PARTY WHO HAS
DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S INSURER, WHETHER
DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) ALL RECORDS AND DATA
RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH ALL OF
GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFTWARE
REQUIFtED TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA
ON ELECTRONIC MEDIA.
SALE SCHEDULE:
Date:
Time:
Place:
March 10, 2009
10:00 a.m.
Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming
ENCLOSURE:
Copy of "Notice of Real Estate Mortgage Foreclosure and Sale of
Personal Property Subject to a Security Interest" as submitted to
Kemmerer Gazette for publication
SENDER: COMPLETE THIS SECTION
· Complete Items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
· Print your name. and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mallplece,
or on th~ front If space permits.
1. Artlcle.Addressed to:
~ i~
Antelo¡ie Ridge Development, LL~!
42 North 200 East Suite 3
American Fork, UT 84003
2. Article Number
(Tiansfer from servIce labelj
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY ,
A Signature
x
Cu
o Agent
o Addressee
,<O;::!":'(iV-
B. Recelv è:t by (Printed Name) C. Date of Delivery
{ ¡ {,-e1h Wc;(fTs' 2 1- (0'1
D. Is delivery address different from Item 1? 0 '(es
. . I '~0 If YES, enter delivery address below: 0 No
00ö223
3. ~rice Type
I!;I Certified Mall 0 Express Mall
o Registered ~ Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (ExtIB Fee)
7008 1140 0003 3804 6980
DYes
Domestic Return Receipt 102595-02-M-1540
SENDER: COMPLETE THIS SECTION
· Complete Items 1,2, and 3..Also complete
Item 4 If Restricted Delivery Is desired.
· Print your name and address on the reverse
so that. we can return the card to you.
· Attach this card to the back of the mail piece,
or on the front jf space permits.
1. Article Addressed to:
Lance B. Miller
42 North 200 East Suiíe 3
American Fork, UT -MDU3
2. Artlcle,Number
(TlBnsfer from servIce labelj
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
A Signature
x
D. Is delivery address different from Item 1?
If YES, enter delivery address below:
3. Service Type
o Certified Mall
o RegIstered
o Insured Mail
o Express Mall
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (ExtIB Fee) 0 Yes
- "-- -- ._'.-...-..._.._-
DomestIc Return Receipt 102595.02-M-1540
7008 1140 0003 3805 46b4
SENDER: COMPLETE THIS SECTION
· Complete Items 1 J 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front If space permIts.
1. Article Addressed to:
Fox Materials, LLC
c/o Robert Bernard FO,>X.;:j,
10283 State Hi.9bw~~t~
Kemmerer, WY_tð·r
2. Artlcl.e Number
(TlBnsfer from servlce'labelj
D. Is de Ivery address different from Item 1?
If YES, enter delivery address below:
3. Service Type
þÓ Certified Mall
o Registered
o insured Mall
o Express Mall
OQ Return Receipt for MerchandIse
o C.O.D.
4. Restricted Delivery? (ExtIB Fee) 0 Yes
7008 1140 0003 3804 70~4
.... M·1540
· Complete Itel1l~ 1 J 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mallplece,
or on the front If space permIts.
1. Article Addressed to:
_._.~-_..
Jeremiah Falsev, Estimator _ '.'"
Consolidated Paving and Conc.~~:·
1705 West 2450 South
Ogden, UT 84401
':.,£
2. Article Number
sfer from service label)
o Agent
o Addressee
C. ~teRl.pelivery
~ luDS
D. is delivery address different from Item 1? 0 Yes
If YES, enter delivery address below: 0 No
c..
3. Service Type
1JQ CertIfied Mall 0 Express Mall
o Registered '1(:i Return Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (ExtIB Fee) 0 Yes
. J'J'
nn...... _.
7008 PJLI:1~DOD3 3804 7031
."'..
..~
.. .
.
· Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
In berg Surveying Company, Inc.
dba In berg-Miller Engineers
124 East Main Street
Riverton, WY 82501
___n__ ___ __~.._.
2. ArtIcle Number
(Thlnsfe, from servIce labelj
PS Form 3811, February 2004
._--._-_._~---
COMPLETE THIS SECTION ON DELIVERY .
~gent
o Addressee
c::'i-;1P?e~
D. Is d liv address erent from item 1? 0 Yes
If YES, enter dellve~ address below: ~No
ÜOv224
3. Service Type
b6 Certified Mall 0 Express Mall
o Registered 10 Retum Receipt for Merchandise
o Insured Mall Ö C.O.D.
4. Restricted Dellve~? (Extra Fee) 0 Yes
--------- -,- "----
7008 1140 0003 3805 4589
----.-.-----..---
Domestic Retum Receipt
~'
.. .
.
· Complete Items 1,2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front If space permits.
1. Article Addressed to:
Legacy,¡Mortgage Financial Service
Larry (3E1'Miller, Manager
42 North 200 East Suite 3
American Fork, UT 8~,tj.
2. Article Number
(T1'ansfe, fromserv/œ1àbel)
I RS Fprm 38~ 1h F,eb 1¡larvf2004 ,
- --------_..._-
1 02595-D2-M- !~40
COMPLETE THIS SECTION ON DELIVERY
A. Slgnat~re
o Agent
o Addressee
LLC
3. Service Type
1Íl Certified Mall 0 Express Mall
o Registered ~ Retum Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) I:] Yas
_... __...... __m
7008 1140 0003 3805 4596
1 n.,¡;;:cu; nO) "" 1.5.dI)
----. .-----.----'-.--.--.-------..---..-.-.---..---.---~-....- ,.-...--.
" I Dom!l:¡JJQ1ßßtumBeceIDt
SENDER: COMPLETE THIS SECTION
· Òomplete Items 1, 2,' and 3. Also complete
Item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mallplece,
or on the front If space permits.
1. Article Addressed to:
Freehomeloan.com Real Estate S
42 North 200 East Suite 3
AmerH:;an Fork, UT 84003
2. Article Number
(frans'e, 'from servIce labeQ
PS Form 3811, February 2004
. .
. . .
A. Signature
e
D. Is de"ve~ address different from Item 1?
If YES, enter dellve~ address below:
3. Service Type
'fii Certlfled Mall 0 Express Mall
Ö Registered 00 Retum Receipt for Merchandise
D Insured Mall Ö C.O.D.
4. Restricted Dellve~? (Extra Fee) DYes
7008 1140 OD03 3805 4657
1 02595-D2-M:1~~
Domestic Retum Receipt
SENDER: COMPLETE THIS SECTION
· Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mall piece,
or on the front If space permits.
1. Article Addressed to:
Jerry Greenfield
Lincoln County Treasurer
925 Sage ¡\Venue
Kemmerer, WY 83101
..... _"~'.___n____
.. --- --~-._------_..
2. Article Number
COMPLETE THIS SECTION ON DELIVERY
3. !32rvlce "TYpe
!XI Certified Mall D Express Mall
o Registered tiI Return ReceIpt for MerchandIse
D Insured Mall Ö C.O.D.
4. Restricted Dellve~? (Extra Fee) 0 Yes
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· Complete Items 1 J 2, and 3. Also complete
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· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mail piece,
or on the front If space perm. its.
1. Artlc~ddressed to:
. Veri A. Jensen Living Trust
Veri A~ensen and Ma,rgene Jens
10318,£N. Golden Oak Lane
Highland, UT 8400~:
2. Article Number
(Transfer from service labeQ
PS Form 3811, February 2004
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D. Is delivery address different from Item 1? 0 Yes
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3. Service Type
1Q Certified Mall 0 Express Mall
o Registered ~ Return Receipt for Merchandise
o Insured Mall [j C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
--..---.-------
7008 1140 0003 3804 7017
~_.--._------~-----_._---_._.~-_.._----
Domestic Return Receipt 10259S-D2-M-1540
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STATE OF WYOMING )
) ss.
COUNTY OF LARAMIE )
COv229
AFFIDAVIT
Gregory C. Dyekman, being first duly sworn upon his oath, deposes and states
as follows:
1. That he is an attorney at law admitted to practice in the State of Wyoming,
is a member of the law firm of Dray, Thomson & Dyekman, P.C., 204 East 22nd Street,
Cheyenne, Wyoming 82001, and that said firm represents Commerce Bank of
Wyoming, N.A., the current holder of that certain real estate mortgage and security
agreement covering real and personal property described as:
A parcel of land located in the southeast 'X of Section 15 and the southwest 'X of
Section 14 of the resurvey of T. 21 N., R. 116 W., of the Sixth P.M., City of
Kemmerer, Lincoln County, Wyoming, and being more particularly described as
follows:
Beginning at the southwest corner of Tract 56 and the Northwest corner of Tract
55 in said Section 14 for the Point of Beginning where is found a standard GLO
brass cap;
Thence, along the west line of said Tract 55, S 00° 06' 45" W for 765.27 feet,
where is found a 3" aluminum cap stamped "Pence Surveying, LLC, PLS 6450";
Thence N 68° 17' 52" W for 298.48 feet to a point on the common line of said
Sections 14 and 15, where is found a 3" aluminum cap stamped "Pence
Surveying, LLC, PLS 6450";
Thence, along the common line between said Sections 14 and 15, N 00° 09' 19"
W for 505.77 feet, where is found a 3" aluminum cap stamped "Pence Surveying,
LLC, PLS 6450";
Thence N 88° 01' 55" W for 501.40 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 00° 03' 11" W for 301.11 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 55° 36' 32" W for 283.27 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence S 62° 31' 09" W for 284.00 feet, where is found a 3" aluminum cap
stamped "Pence Surveying, LLC, PLS 6450";
Thence N 27° 28' 50" W for 540.56 feet, to the southerly right of way of U.S.
Highway 30, where is found a 3" aluminum cap stamped "Pence Surveying, LLC,
PLS 6450";
Thence N 63° 57' DO" E for 1455.09 feet, along said southerly right of way, to a
standard concrete highway right of way monument;
Thence, continuing N 63° 57' 00" E along said southerly right of way for 6.33 feet
to a point on the southerly boundary of Tract 64 in Section 14, of the Resurvey of
T. 21 N., R. 116 W., where is found a 2" aluminum cap stamped CCI, PE&LS,;
Thence N 89° 46' 56" E along the southerly boundary of Tract 64, for 201.16 feet,
to the southeast corner of said Tract 64 and being on the west line of said Tract
56, where is found a 3" aluminum cap stamped CCI, PE&LS;
Thence S 00° 06' 50" E along the westerly boundary of said Tract 56, for 1320.27
feet to the Point of Beginning of this description.
Less and except the following:
"0 ." 2
to. U' 30
Lot 6 of Block 1 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof
Also, less and except the following:
Lot 2 of Block 4 of the Antelope Ridge Subdivision, Phase 1, Lincoln County,
Wyoming as described on the official plat thereof;
AND
ALL INVENTORY, EQUIPMENT, ACCOUNTS (INCLUDING BUT NOT LIMITED TO ALL HEALTH
CARE INSURANCE RECEIVABLES), CHATTEL PAPER, INSTRUMENTS (INCLUDING BUT NOT
LIMITED TO ALL PROMISSORY NOTES), LETTER OF CREDIT RIGHTS, LETTERS OF CREDIT,
DOCUMENTS, DEPOSIT ACCOUNTS, INVESTMENT PROPERTY, MONEY, OTHER RIGHTS TO
PAYMENT AND PERFORMANCE, AND GENERAL INTANGIBLES (INCLUDING BUT NOT LIMITED
TO ALL SOFTWARE AND ALL PAYMENT INTANGIBLES); ALL OIL, GAS AND OTHER MINERALS
BEFORE EXTRACTION; ALL OIL, GAS, OTHER MINERALS AND ACCOUNTS CONSTITUTING AS-
EXTRACTED COLLATERAL; ALL FIXTURES; ALL TIMBER TO BE CUT; ALL ATTACHMENTS,
ACCESSIONS, ACCESSORIES, FITTINGS, INCREASES, TOOLS, PARTS, REPAIRS, SUPPLIES,
AND COMMINGLED GOODS RELATING TO THE FOREGOING PROPERTY, AND ALL ADDITIONS,
REPLACEMENTS OF AND SUBSTITUTIONS FOR ALL OR ANY PART OF THE FOREGOING
PROPERTY; ALL INSURANCE REFUNDS RELATING TO THE FOREGOING PROPERTY; ALL
GOOD WILL RELATING TO THE FOREGOING PROPERTY; ALL RECORDS AND DATA AND
EMBEDDED SOFTWARE RELATING TO THE FOREGOING PROPERTY, AND ALL EQUIPMENT,
INVENTORY AND SOFTWARE TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH
RECORDS AND DATA ON ELECTRONIC MEDIA; AND ALL SUPPORTING OBLIGATIONS
RELATING TO THE FOREGOING PROPERTY; ALL WHETHER NOW EXISTING OR HEREAFTER
ARISING, WHETHER NOW OWNED OR HEREAFTER ACQUIRED OR WHETHER NOW OR
HEREAFTER SUBJECT TO ANY RIGHTS IN THE FOREGOING PROPERTY; AND ALL PRODUCTS
AND PROCEEDS (INCLUDING BUT NOT LIMITED TO ALL INSURANCE PAYMENTS) OF OR
RELATING TO THE FOREGOING PROPERTY.
AND ALL OF THE FOLLOWING WHETHER NOW OWNED OR HEREAFTER ACQUIRED,
WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHEREVER LOCATED: (A) ALL
ACCESSIONS, ATTACHMENTS, ACCESSORIES, TOOLS, PARTS, SUPPLIES, REPLACEMENTS
OF AND ADDITIONS TO ANY OF THE COLLATERAL DESCRIBED HEREIN, WHETHER ADDED
NOW OR LATER; (B) ALL PRODUCTS AND PRODUCE OF ANY OF THE PROPERTY DESCRIBED
IN THE COLLATERAL SECTION OF THE COMMERCIAL SECURITY AGREEMENT DATED
AUGUST 17, 2007; (C) ALL ACCOUNTS, GENERAL INTANGIBLES, INSTRUMENTS, RENTS,
MONIES, PAYMENTS, AND ALL OTHER RIGHTS, ARISING OUT OF A SALE, LEASE,
CONSIGNMENT OR OTHER DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE
COMMERCIAL SECURITY AGREEMENT DATED AUGUST 17, 2007; (D) ALL PROCEEDS
(INCLUDING INSURANCE PROCEEDS) FROM THE SALE, DESTRUCTION, LOSS, OR OTHER
DISPOSITION OF ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, AND SUMS DUE FROM A THIRD PARTY WHO HAS
DAMAGED OR DESTROYED THE COLLATERAL OR FROM THAT PARTY'S INSURER, WHETHER
DUE TO JUDGMENT, SETTLEMENT OR OTHER PROCESS; AND (E) ALL RECORDS AND DATA
RELATING TO ANY OF THE PROPERTY DESCRIBED IN THE COMMERCIAL SECURITY
AGREEMENT DATED AUGUST 17, 2007, WHETHER IN THE FORM OF A WRITING,
PHOTOGRAPH, MICROFILM, MICROFICHE, OR ELECTRONIC MEDIA, TOGETHER WITH ALL OF
GRANTOR'S RIGHT, TITLE, AND INTEREST IN AND TO ALL COMPUTER SOFTWARE REQUIRED
TO UTILIZE, CREATE, MAINTAIN AND PROCESS ANY SUCH RECORDS OR DATA ON
ELECTRONIC MEDIA.
which mortgage is dated August 17, 2007, and was executed by Larry G. Miller,
Member, and Lance B. Miller, Member, Antelope Ridge Development, LLC, as
mortgagor, to Commerce Bank of Wyoming, N.A., as mortgagee, which mortgage was
duly recorded in the Office of the County Clerk of Lincoln County, Wyoming on August
21, 2007, in Book 669 at Page 664; said mortgage secured the Promissory Note of
even date therewith in the amount of $1,121,200.00 and further secured the renewed
and extended obligations of the borrowers to Commerce Bank of Wyoming, N.A.
pursuant to the Promissory Note in the amount of $700,000.00 dated August 17, 2007,
both of which notes were executed by Larry G. Miller, Member, and Lance B. Miller,
Member, Antelope Ridge Development, LLC, and Larry G. Miller, individually and Lance
B. Miller, individually.
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2. That Commerce Bank of Wyoming, N.A. has a perfected security interest
in the above described personal property.
ÜOô231
3. That default has been made in the payment of said mortgage and that the
mortgagee or current holder of the mortgage has proceeded to foreclose said mortgage
under the power of sale therein contained.
4. That under the terms of said mortgage the mortgagee is entitled to recover
an attorney's fee and that a reasonable attorney's fee in this case is the sum of
$6,074.00.
5. There has not been and is no agreement, express or implied between
Commerce Bank of Wyoming, N.A. and its attorneys in this matter, nor between the said
attorneys and any other person for sharing or division of the attorney's fees as allowed
by said mortgage and as added to the debt therein involved.
6. The attorney's fee as allowed by said mortgage represents compensation
for services actually rendered in the foreclosure proceedings by the affiant.
7. This Affidavit is given pursuant to W.S. Sec. 34-4-112, 1977.
DATED March 3, 2009.
:~<~~J(~
Gregory . Dyekman
Acknowledged, subscribed and sworn to before me by Gregory C. Dyekman on
March 3, 2009.
Witness my hand and official seal. J t. A n _~ \ _ C"\
0Xl~ \Vl. don LL.U.0
Notary Public
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