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HomeMy WebLinkAbout9504646010918343 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS. -00492 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 (a) that certain promissory note dated June 29, 2005, executed and delivered by Stephen B. Fralin and Sharon Fralin, husband and wife, to First Interstate Bank and (b) that certain mortgage dated June 29, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 13, 2005, as /in Book 690, Page 800, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: 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, First Interstate Bank "Mortgagee 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 commencement of the first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 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 County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the October 15, 2009, issue of said newspaper and ending with the November 5, 2009, issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice 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 102325.doc Lot 1 of the Jeannine C. Roberts Family Exemption, Lincoln County, Wyoming, according to that plat filed in the office of the Lincoln County Clerk August 13, 2003, Instrument No. 892420 and Plat No. 314 -H, excepting therefrom that parcel of land conveyed to Lincoln County, recorded August 6, 1931, Book 17 Deeds, Page 161, with an address of: 106477 N US Hwy 89, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 11/10/2009 at 10:53 AM RECEIVING 950464 BOOK: 735 PAGE: 492 JEANNE WAGNER LINCOLN COUNTY CLEP VMMERER, WY Certificate of Sale Fralin 30679 -0151 Page 1 of 7 3064493 notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B 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 November 10, 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 sum bid for said real property was the sum of $257,885.53 "Bid Sum which was bid and offered by First Interstate Bank "Successful Bidder and that after soliciting and calling for other and higher bids therefor, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the 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 $650.00 is to be paid to Brown, Drew and Massey, LLP, 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 C, 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. 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 three (3) months and thirty (30) days from and after November 10, 2009, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 10 th day of N ovember 2009. Shane Johnson, Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this loth day of November 2009. My Commission Expires: 102325.doc Witness my hand and official seal. )003 rv\ 1,( J V jO,, Notary Public r ANNA MAWKES NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires i 0 494 Certificate of Sale Fralin 30679 -0151 0 Page 3 of 7 EXHIBIT A O t... 495 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING SS. COUNTY OF NATRONA Orintha E. Karns, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew Massey, LLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 29, 2005 (the "Mortgage and recorded on July 13, 2005 as /in Book 690, Page 800, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Stephen B. Fralin and Sharon Fralin, husband and wife "Mortgagor(s) the named mortgagor(s), and First Interstate Bank is the named mortgagee; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 7108 8676 0770 0000 4119 CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 4379 Stephen B. Fralin 106477 N US Hwy 89 Etna, WY 83118 CERTIFIED MAIL NO. NO1:7108 8676 0770 0000 4157 CERTIFIED MAIL NO. FSN:7108 8676 0770 0000 4331 Stephen B. Fralin P.O. Box 8737 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 7108 8676 0770 0000 4140 CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 4324 Occupant 106477 N US Hwy 89 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 7108 8676 0770 0000 4188 CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 4362 Federal Home Loan Bank of Seattle 1501 Fourth Avenue, Suite 1900 Seattle, WA 98101 -1693 102325. doc CERTIFIED MAIL NO. NOI:7108 8676 0770 0000 4126 CERTIFIED MAIL NO. FSN:7108 8676 0770 0000 4300 Sharon Fralin 106477 N US Hwy 89 Etna, WY 83118 CERTIFIED MAIL NO, NOI: 7108 8676 0770 0000 4164 CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 4348 Sharon Fralin P.O. Box 8737 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 7108 8676 0770 0000 4171 CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 4355 First Security Bank, N.A. P.O. Box 37 Boise, ID 83707 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 29, 2009 and the date of the first publication of the notice of foreclosure sale was October 15, 2009. Certificate of Sale Fralin 30679 -0151 0 Page 4 of 7 My Commission Expires: 102325.doc FURTHER AFFIANT SAYETH NAUGHT By: Witness my hand and official seal. 49G Orintha E. Karns of Brown, Drew Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234 -1000 Subscribed in my presence and sworn to before me by Orintha E. Karns this e day of cnr\be 2009. Notary Public SHERRY WILCOX NOTARY PUBLIC County of I State of Natrona �l. ":i: Wyoming My Cornm;ssion Expires Aug. 31, 2011 Certificate of Sale Fralin 30679 -0151 0 Page 5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated June 29, 2005, executed and delivered by Stephen B. Fralin and Sharon Fralin, husband and wife, ("Mortgagor(s)"), to First Interstate Bank, 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 July 13, 2005, in/ as Book 690, Page 800, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyo- ming; 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 Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication; and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $248,798.42, which sum consists of the unpaid principal balance of $236,579.41, plus interest accrued to the date of the first pub- lication of this notice in the amount of $12,895.69, plus late charges in the amount of $978.33, plus an escrow advance in the amount of $2,362.99, plus other outstanding charges in the amount of $105.00, less a suspense balance of $4,123.00, 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 sale. Any prospective purchaser should research the status of title before sub- mitting a bid; NOW THEREFORE, First Interstate Bank, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mort- gaged property to be sold at public vendue by the Sheriff or Deputy Sher- iff in and for Lincoln County, Wyoming, to the highest bidder for cash at 10:00 o'clock in the forenoon on November 10, 2009, at the front door of the Lincoln County Courthouse in Kemmerer, Lincoln County, Wyoming, for application on the above described amounts secured by the Mort- gage, said mortgaged property being described as follows, to -wit: Lot 1 of the Jeannine C. Roberts Family Exemption, Lincoln County, Wyoming, according to that plat filed in the office of the Lincoln County Clerk August 13, 2003, Instrument No. 892420 and Plat No. 314 -H, ex- cepting, therefrom that parcel of land conveyed to Lincoln County, re- corded August 6, 1931, Book 17 Deeds, Page 161, with an address of: 106477 N US Hwy 89, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. First Interstate Bank By: P. Jaye Rippley Brown, Drew Massey, LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 Publish: October 15, 22, 29, November 5, 2009 (101527) 1015 I l/coca.aUU ROSEMARY CAPELLEN NOTARY PUBLIC County al State of Lincoln Wyoming M Commission Expires May 5, 9012 EXHIBIT B PUBLISHER'S AFFIDAVIT befor ti a 497 Kemmerer Wyoming 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, 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 day of A.D., 20 0 9 and the last publication on the 5 day of Lq41).W1 YVA A.D., 20 CA 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 not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to me on this 5 day o f it dhl A. D 20 Oct uertmcare or �aie Fralin 30679 0151 p Page6of7 STATE OF WYOMING SS. COUNTY OF NATRONA 102325. doc My Commission Expires: r 4 EXHIBIT C AFFIDAVIT OF ATTORNEY Orintha E. Karns, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew Massey, LLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Brown, Drew Massey, LLP, as attorneys for the Mortgagee will charge the Mortgagee fees totaling $650.00 as compensation for services actually rendered in the foreclosure proceeding. 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Brown, Drew Massey, LLP. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. Witness my hand and official seal. r Notary Public FURTHER AFFIANT SAYETH NA By: I f 4 --/C:)riett pia E. Karns of rown, Drew Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234 -1000 "Subscribed in my presence and sworn to before me by Orintha E. Karns this c� day of OP/Nor 2009. H M' OWL, NIUT:�RY N'll .31,.1? County of K,hi.; VV t aft Natrana My Onn irnis uE.):plr<s Aug. 31, 2011 498 Certificate of Sale Fralin 30679 -0151 U Page 7 of 7