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HomeMy WebLinkAbout948423SHERIFF'S AFFIDAVIT IN FORECLOSURE 0068543 STATE OF WYOMING ) ss. COUNTY OF LINCOLN ) I, S-~e evi ~o cc c Sheriff or Deputy Sheriff of Lincoln County, Wyoming, being first duly sworn, certify that on July 21St, 2009, I acted as auctioneer and sold the real property described as follows: Lot 48 of the REES Subdivision, being part of the North Half of the Southeast Quarter (N 1/z SE 1/4) of Section 20, Township 37 North, Range 118 West, Lincoln County, Wyoming, according to " that plat recorded in the Office of the Lincoln County Clerk as Plat No. 171 ("Property") pursuant to the terms of that certain mortgage recorded in the Lincoln County Clerk's office on August 13, 2007, in Book 668, page 612 as Document No. 932083. I further certify that Notice of Mortgage Foreclosure by Advertisement and Sale ("Notice of Sale") was given by publishing the same for four (4) consecutive weeks, at least once each week, prior to July 21St, 2009, in the Star Valley Independent, a newspaper of general circulation printed and published in Lincoln County, Wyoming, all of which is more fully shown by the Proof of Publication attached hereto. I further certify that the Notice of Sale, as so printed and published, specified: 1. The name of the Mortgagor, the Mortgagee and any assignees; 2. The date of the mortgage, the time when recorded and the place where recorded; 3. The amounts claimed to be due thereon at the date of the Notice of Sale; 4. The description of the mortgaged premises, conforming to that contained in the mortgages; and 5. The time and place of sale; all of which is more fully shown in the copy of NOTICE OF MORTGAGE FORECLOSURE BY ADVERTISEMENT AND SALE contained in the Proof of Publication attached hereto. I further certify, based upon the Attorneys' Affidavits in Foreclosure, that default has been made in the payment of the principal and interest due on the note secured by the mortgages, that no suit or proceeding has been instituted at law to recover the debts remaining secured by the Mortgage, or any part thereof, and that the Mortgage contained full power of sale and has been duly recorded. RECEIVED 7/21/2009 at 11:58 AM RECEIVING # 948423 BOOK: 727 PAGE: 853 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~v854 I further certify that said sale was held at public venue at the hour of Ten o'clock a.m., on July 212t, 2009, at the steps of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming, at the time and place specified in the published Notice of Sale. I further certify that at said sale the real proper described hereinabove was purchased by We 6og. or the sum (amount of bid if purchased by Mortgagee) of $ ~a573 a , and that said party made the aforesaid bid at said sale and that said sum was the highest amount bid at said sale. I further certify that I issued and delivered to the purchaser a certificate showing that I sold and the purchaser bought said property at said sale and shall be entitled to a Deed in accordance with law, subject only to the rights of those entitled to redeem under the applicable law. I further certify that the sale was in all respects conducted openly and fairly and that the purchase price received therefore was the highest price that could be obtained for the real property. Sheriff, Lincoln County, Wyoming By: e ty Sheriff Subscribed and sworn to before me by (-31-c~ZC'4th this 21St day of July, 2009. Witness my hand and official seal. A Notary Public 0 My Commission Expires: SAVANNA L. HAW10 NOTARY PUBLIC COUNTY Of f t STATE OE LNICOLN IfNG My Commission Expires..._--.... I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the .regular and entire ' psxue of said newspaper, and not in any supplement thereof, for - -ULA' consecutive issues, commencing with the issue date ~~k1 s . 2009, and ending with issue dated 2009. Subscribed andkworta,in before me this day of 2009. My commission expires January 31, 2012 NOTICE OF MORTGAGE FORECLOSURE BY ADVERTISEMENT AND SALE You are hereby notified. that Clinton E. Harris and Cathy Harris executed the- following, promissory note, which is held by Wells Fargo Bank, (`Bank"), on the below-noted date for the below noted amount: Promissory Note Date Original Principal #33055750 (as amended) 08/06/2008 $450,00.00 The above-referenced note is secured by all or part the following described real property located in Lincoln County, Wyoming: Lot 48 of the REES Subdivision, being part of the North Half of the Southeast Quarter (N 1/2 SE of Section 20, Township 37 North, Range 118 West, Lincoln County, Wyoming, according to that plat recorded in the Office of the Lincoln County Clerk as Plat No. 171. Together with all improvements situated thereon and all, fixtures; and, appurte- nances thereto. A Mortgage, dated August 13, 2006, on all or Part of the above described property was filed in the Lincoln County Clerk's office as follows: August 13, 2007, in Book 668, page 612 as Document No. (.'068J55 Notary Public 932083. The Mortgage was given to The Jackson State Bank & Trust, the predecessor in interest to Bank. The Mortgage provides that the property may be fore- closed upon pursuant . to adver- tisement and sale. No suitor pro- ceeding has been instituted at law to recover the debt secured by the Mortgage, or any part there- of. The note is now due and payable in full. The Bank, as holder of the note and Mortgage, has elected to declare the entire balances due and payable and to exercise its power to foreclose the Mortgages by advertisement and sale as provided in the Mortgages and under applicable law. Therefore, take notice that, pursuant to the Mortgages and laws of the State of Wyoming, the Mortgages will be foreclosed and the Property will be sold for cash at public auction. by the Lincoln County Sheriff, on July 21, 2009, at the. hour of Ten o'clock a.m. at the- steps of the Lincoln County Courthouse, 925 -Sage . --'Avenue, Kemmerer, Wyoming. All bids will be con-' sidered. and the Bank is entitled to attend the foreclosure sale and bid on the Property. The. proceeds of the foreclosure sale will be applied to the follow ing: Note #330557550 (as amended) Principal balance as of June 10, 2009: $ 448,885.10 Interest through June 10, 2009: $ 10,430.35 Insurance Premiums: $ 1,082.00. Appraisal Costs:. $ . 42-5.00 O&E Costs: $ 170.00 Total as o£June 10, 2009: $ 460,992.45" Interest continues to accrue at a rate of $46.75886 per day. Plus additional attorneys fees, foreclosure costs and expenses. The property being foreclosed on may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title. before submitting a bid. DATED June 10, 2009 WELLS FARGO BA14K' Publish June 18, 25, July 2 & 9, 2009.