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HomeMy WebLinkAbout948004CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN SS. Shane Johnson 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 that certain promissory note (the "Note") dated February 6, 2008, executed and delivered by William F. Burch and Mary M. Burch ("Mortgagor(s)") to the Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees, ("Mortgagee") and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on February 8, 2008, at Receiving No. 936818 in the Records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincohl County, State of Wyoming, and which Mortgage covers that certain real property described as follows, to-wit: That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 33 North Range 119 West of the 6t" P.M., Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Boole 308PR on pages 575 and 577, described as follows: BEGINNING at a spike on the west line of said Southeast Quarter of the Southeast Quarter, North 00°15'36" West, 500.00 feet from the southwest corner thereof, thence North 89°48'04" East, 932.22 feet, along a line parallel with the south line of said Southeast Quarter of the Southeast Quarter, to a point; thence North 00°13'48" West, 820.88 feet, along a line parallel with the east line of said Southeast Quarter of the Southeast Quarter, to a point on the north line of said Southeast Quarter of the Southeast Quarter; thence South 89°48'21" West, 932.65 feet, along the north line of said Southeast Quarter of the Southeast Quarter, to the northwest corner of said Southeast Quarter of the Southeast Quarter; thence South 00°15'36" East, 820.96 feet, along the west line of said Southeast Quarter of the Southeast Quarter, to the SPIKE OF BEGINNING. with an address of 3767 Highway 238, Auburn, WY 83111. Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 6/29/2009 at 12:02 PM RECEIVING # 948004 BOOK: 726 PAGE: 326 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 327 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Kraj sky and Lucinda Richardville Kraj sky, Trustees elected to foreclose the same and at the request and direction of Mortgagee 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 the coznrnencement of the first publication of the foreclosure sale notice, as shown by a copy of the affidavit attached hereto as ExhibitA and by this reference made a part hereof. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln Comity, State of Wyoming, once a week for four (4) consecutive weeks, cormnencing with the April 23, 2009 issue of said newspaper and ending with the May 14, 2009 issue thereof, that said notices were mailed, certified mail, return receipt requested, to all parties as required by Wyoming statues, as shown by the affidavit attached here to as Exhibit B and by this reference made a part hereof, and that said notices as mailed and published, 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 are attached hereto as Exhibit C and by this reference made a part hereof 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On May 19, 2009 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 surn bid for said real property was the sum of S 6 3 ("Bid Sum"), which was bid and offered by arcl Kr iSky Rer ~NF'T~,. L~T•~-,,> 24 &,67("Successful Bidder") and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $2,609.30 is to be paid to King & King, LLC, the attorneys for Mortgagee, 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 D, and by this reference made a part hereof. 8. That the sale of the above-described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. Certificate of Sale Burch. Page 2 of 3 000328 9. That said Successful Bidder shall be entitled to a deed to the above- described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of the period of redemption, unless the property is redeemed prior to that date as provided by law. This Certificate of Purchase is made in duplicate as provided by Wyoming Statute 1-18-102. DATED this 19`I' day of May, 2009. M, S '7)6 ~Wso V, Shane Johnson, Sheriff in and for Lincoln County, State of Wyoming By: Print Name: ~l Title: Ok-Jv_qSt-.'-,-4R'- ACKNOWLEDGEMENT STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregNing instrument was subscribed in my presence and aclalowledged before me by L ' j'-X~ , Deputy Sheriff of Lincoln County, Wyoming this j v ay of May, 9. Witness my hand and official seal. Notary Public My commission expires: SAVANNA L. NAWKES - NOTARY PUBLIC COUNTY OF ~ STATE OF ka LINCOLN WYOMING My Commission Expires CertVicate of'Sale Burch Page 3 of'3 C1E032 AFFIDAVIT OF COMPLIANCE WITH WYOIVHNG STATUTE 04-4-1030v) STATE OF WYOMING ) ss. COUNTY OF TETON ) BRET F. KING, being first duly sworn, deposes and states as follows: 1. I am the attorney for Edward J. Krajsky. 2. On February 6, 2008 a promissory note (`Note") was executed and delivered by William F. Burch and Mary M. Burch ("Mortgagors") to the Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees ("Mortgagees"), and a real estate mortgage ("Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagors, to said Mortgagees. 3. Mortgagors are in default of said Note and Mortgage. 4. Advertisement of notice of foreclosure and sale will be published in the Kenunerer Gazette for four consecutive weeks beginning April 23, 2009. 5. Pursuant to Wyoming Statute §34-4-103(iv), I certify that on April 4, 2009, written notice of intent to foreclose by advertisement and sale was duly served by certified mail with return receipt requested upon Mortgagors and Mortgagees at their last know addresses. SR~ET F. KING / SUBSCRIBED AND SWORN to before me by Bret F. King, this/1 L day of April 2009. 1 ANN SCHROEDER Wyoming ~ Notary Public, County of Teton My Commission Expires NOTAR PUBLIC March 31, 2012 My commission expires: Exhibit A 000330 AFFIDAVIT OF COMPLIANCE WITH WYOMING STATUTE 534-4-104(a) STATE OF WYOMING ) ss. COUNTY OF TETON ) BRET F. KING, being first duly sworn, deposes and states as follows: I am the attorney for Edward J. Krajsky. 2. On February 6, 2008 a promissory note (`Note") was executed and delivered by William F. Burch and Mary M. Burch ("Mortgagors") to the Edward J. K.rajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees ("Mortgagees"), and a real estate mortgage ("Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagors, to said Mortgagees. 3. Mortgagors are in default of said Note and Mortgage. 4. Advertisement of notice of foreclosure and sale will be published in the Kemmerer Gazette for four consecutive weeks beginning April 23, 2009. 5. Pursuant to Wyoming Statute §34-4-104(a), I certify that on April 17, 2009, a copy of the notice of foreclosure by sale was duly served by certified mail with return receipt requested upon Mortgagors and Mortgagees at their last know addresses. BF,ET F. KING SUBSCRIBED AND SWORN to before me by Bret F. King, this ,7 l s day of April 2009. ANN SCHROEDER Wyoming Notary Public, County of Teton My Commission Expires March 31, 2012 NOTARY PUBLIC My commission expires: Exhibit B KEMMERER GAZETTE 00 &33:1 Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the "Note") dated: February 6, 2008, executed and delivered., by, William F. "Burch and. Mary M. Burch ("Mortgagor(s)") to the Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s); to.,said Mort- gagee, and which Mortgage was recorded on February 8, 2008, at Receiving No. 936818 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 Mortgage contains a power of sale which by reason,of said default, the Mortgagee declares to have become operative; and no suit or proceeding has been instituted at law', to' recover the debt secured by the Mort- gage, or any part thereof, nor has any suite or proceeding been instituted and the same discontinued; WHEREAS, written notice of intent to foreclose the Moxtgage by adver- tisement 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 com- mencement of this publication, and the amount due upon the Mortgage,on the date of first publication of this notice of sale being the total sum of $136,354.99 which sum consists of the unpaid principal balance of $129,477:36 plus in- terest accrued to the date of the first publication of this notice in the amount of $6,342.63, plus attorneys' fees, costs expended, and.accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the saleAny pro- spective purchaser should research the status of title before submitting a bid; NOW, THEREFORE the Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on May 19, 2009 at the front door of the Lin- coln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lin- coln County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: That part of the Southeast quarter of the Southeast Quarter of Section 35, Township 33 North Range 119 West of the 61 P.M.,. Lincoln County, Wyo- ming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 308PR on pages 575 and 577, described as follows: BEGINNING at a spike on the west line of said Southeast Quarter:of the Southeast Quarter, North 00°15'36" West, 500.00 feet from the southwest corner thereof; thence North 89°48'04" East, 932.22 feet, along a line parallel with the south line of said Southeast Quarter of the Southeast Quarter, to a point; thence North 00°13'48" West, 820.88 feet, along a line parallel with the east line of said Southeast Quarter of the Southeast Quarter, to a point on the north line of said Southeast Quarter of the Southeast Quarter; thence South 89°48'21" West, 932.65 feet, along the north line of said Southeast Quarter of the Southeast Quarter, to the northwest corner of said Southeast Quarter of the Southeast Quarter; thence South 00° 15'36" East, 820.96 feet, along the west line of said South- east Quarter of the Southeast Quarter; to the SPIKE OF BEGINNING. with an address of 3767 Highway 238, Auburn, WY 831.11. Together with all improvements thereon situate and all fixtures and appur- tenances thereto. Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajsky and Lucinda Richardville Krajsky, Trustees By: Bret F. King King & King, LLC P.O. Box 40 Jackson, WY 83001 Publish: April 23rd, 301May 71 and 1412009 (307) 733-2904 0423D 3D VMF '-F-6 All Commisft Expires Nhp 5, 2011 STATE OF WYOMING ) ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette,' a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, lWyoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for insertions, the first publication having been made on the day of OLhj A.D., 20-M_, and the last publication on the 14 day of ~JWJIJL A.D., 20 c)C ; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, and nog in a supplement. w v~- Michael Jense ublisher Subscribed in my presence and sv: orn to day of Cl Exhibit C 00&332 AFFIDAVIT OF ATTORNEY'S FEES STATE OF WYOMING ) ss. COUNTY OF TETON ) BRET F. KING, being first duly sworn, deposes and states as follows: I am the attorney for Edward J. Kraj sky. 2. On February 6, 2008 a promissory note (`Note") was executed and delivered by William F. Burch and Mary M. Burch ("Mortgagors") to the Edward J. Krajsky Revocable Trust, June 28, 2007, Edward J. Krajslcy and Lucinda Richardville Krajsky, Trustees ("Mortgagees"), and a real estate mortgage ("Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagors, to said Mortgagees. 3. Mortgagors are in default of said Note and Mortgage. 4. The property attached to said Mortgage is scheduled to be sold at 10:00 a.m. on May 19, 2009, at the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101. 5~ Pursuant to Wyoming Statute §34-4-112, I certify that there is no agreement, express or implied, between myself and. my client, nor between myself and any other person except a practicing attorney of this state engaged with me as an attorney in the foreclosure proceeding, for any sharing or division of said fee so to be allowed or added to the debt involved, and said fee when so allowed or added to the debt shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in this state and residing therein. i 1 F. KING Exhibit D 606333 SUBSCRIBED AND SWORN to before me by Bret F. King, this Z 1 day of April 2009. =ANN R-EDER ing ounty of Teton ion Expires 1, 2012 1 ~ NOTARY PUBLIC My commission expires: Affidavit of Attorney's Fees Burch Foreclosure -2-