HomeMy WebLinkAbout951576STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
e .5863
P(1, of lawful age, being first duly
sworn upon his /her oath, states as follows:
p o s.
1. That he /she is the duly elected and acting sheriff in and for Lincoln
County, Wyoming, or his deputy, and makes this certificate of sale in that
capacity.
2. That a default in the payment of principal and interest has occurred under
the terms of a promissory note "Note dated January 15, 2000, executed and
delivered by C.R. Roberts Sons, a Wyoming Corporation, by and through its
president, Louis Brent Roberts, Mortgagor, to the Chauncey Richard Roberts,
Mortgagee, and a real estate mortgage "Mortgage of the same date securing
the Note, which Mortgage was executed and delivered by said Mortgagor to said
Mortgagee, and which Mortgage was recorded on January 26, 2000, in Book
440PR at Page 788 in the records at the office of the County Clerk and ex- officio
Registrar of Deeds in and for Lincoln County, Wyoming, and for which Mortgage
covers that certain real property described as follows, to -wit:
Lots 4 and 5 of Block 1 of the original Township of the Town of Cokeville, Lincoln
County, Wyoming to included buildings, improvements, and water rights.
And also:
Lots 1, 2, 3, 4, 5, 6,and 7 of Block 4, Roberts Addition, Town of Cokeville,
Lincoln County, Wyoming, being part of tract 82 in Section 8, Township 24 North,
Range 119 West, 6 P.M., Wyoming;
And also:
A tract of land located in and being a portion of Tracts 82 and 90 of the
resurvey of Township 24 North, Range 119 West of the 6 Principal Meridian,
Lincoln County, Wyoming, being more particularly described by metes and
bounds as follows: BEGINNING at corner no. 1 of Tract 72 of the resurvey of
said Township 24 North, Range 119 West, bear North 74 °03'22" West a distance
of 317.22 feet, to the true point of beginning; thence South 89 °42'32" West, a
distance of 433.37 feet to the Southwest corner of said tract of land; thence North
34 °35'52" East, a distance of 522.72 feet to a point being witnessed by a point
lying South 89 °22'42" East, a distance of 75 feet; thence South 89 °22'42" East, a
distance of 724.86 feet; thence North 00 °37'18" East, a distance of 237.63 feet;
thence South 89 °22'42" East, a distance of 900 feet to a point on the Westerly
RECEIVED 1/12/2010 at 11:52 AM
RECEIVING 951576
BOOK: 739 PAGE: 863 1
JEANNE WAGNER
1 nurni ni rni MTV r1 FRK KFRARAFRFR IAN
elO S64
right -of -way of U.S. 30 North; thence South 11 °42'31" East, a distance of 675.55
feet along said Westerly right -of -way to the Southeast corner of said tract; thence
North 89 °31'43" West, a distance of 1627.95 feet to the point of beginning and
containing 23.29 acres, more or less.
Together with all improvements situated thereon and all fixtures and
appurtenances thereto.
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 said default, Mortgagee decided to foreclose the same
and at the request and direction of Mortgagee a written notice of default and
intent 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 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 in and having
general circulation in Lincoln County, Wyoming, once each week for four (4)
consecutive weeks, commencing with the October 29, 2009, issue of said
newspaper and ending with the November 19, 2009, issue of said newspaper;
that said notice was served on Mortgagor; that said notice complied in all
respects with the requirements of the statutes relating to foreclosure of
mortgages by advertisement and sale; and that a copy of said notice and the
publishers affidavit of publication is 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 the notice of
foreclosure sale, 10:00 AM on November 24, 2009, at the front door of the
Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, 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 th.t -h highest and best sum bid for
the real property was the m of 'i "Bid Sum which
was bid and offered by LA Man
"Successful Bidder and that after ociting and calling for other and higher
bids, and receiving none, 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 $1428.00 is to be paid to Scott Sargent, the attorney for
Mortgagee, as compensation for services actually rendered in the foreclosure
2
proceeding, said attorney 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 24, 2009, unless the real property
shall have been redeemed as provided by law.
Dated at Kemmerer, Lincoln County, Wyoming, this 24* day of
`kInvcynkie 2009.
STATE OF WYOMING
SS
COUNTY OF LINCOLN
Witness my hand and official seal.
SAVANNA L. HAWKES NOTARY RYY PUBLIC
COUNTY OF 'r
LINCOLN 9' STATE OF
WYOMING
M Co mmission Expires A;.,,_,_L I
By:
Lincoln County Sheriff
ACKNOWLEDGEMENT
The foregoing instrument was subscribed in my presence and acknowledged
before me by r w ,(F A this 7 L day of
I\t�i \lerrlbc( `J, 2009.
3
e 01)865
te ar
Name and Titl-
1 00S711Yvv)b iA0 wr-bfi../)
Notary Public
Exhibit "A"
09366
AFFIDAVIT OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
AND NOTICE OF FORECLOSURE SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
SCOTT SARGENT, of lawful age, being first duly sworn upon his oath, deposes
and says:
1. That he is a resident attorney licensed to practice law in the State of
Wyoming and represents the mortgagee, Chauncey Richard Roberts, in a
procedure to foreclose a certain promissory note "Note dated January 15,
2000, executed and delivered by C.R. Roberts Sons, a Wyoming Corporation,
by and through its president, Louis Brent Roberts, Mortgagor, to the Chauncey
Richard Roberts, Mortgagee, and a real estate mortgage "Mortgage of the
same date securing the Note, which Mortgage was executed and delivered by
said Mortgagor to said Mortgagee, and which Mortgage was recorded on
January 26, 2000, in Book 440PR at Page 788 in the records at the office of the
County Clerk and ex- officio Registrar of Deeds in and for Lincoln County,
Wyoming, wherein C.R. Roberts Sons, by and through its president, Brent
Roberts, is the named Mortgagor and Chauncey Richard Roberts is the named
Mortgagee by advertisement and sale as provided by the Wyoming Statutes.
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 mailed by certified mail, return receipt requested, Article
Number 7007 1490 0002 4904 4849, to 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 and that a copy of the published notice was
mailed to the record owner by certified mail, return receipt requested, Article
Number 7008 3230 0001 4550 8288, prior to first publication of said notice.
3. That the date of mailing of the notice of intent to foreclose the Mortgage
was October 7, 2009, the date of mailing of the published notice was October 26,
2009, and the date of first publication was October 29, 2009.
FURTHER AFFIANT SAYETH NAUGHT.
T
Sargent Law Office
PO Box 847
Kemmerer WY 83101
OO 867
Subscribed in my presence and sworn to before me by Scott Sargent this
day of November, 2009.
Witness my hand and official seal.
COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires May 10, 2011
60868
Exhibit "B"
000869
KEWIERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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WHEREAS
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'ffi 40 contains ::11L144t81.4iT1b l th e
dbffi0e!o r on ,,o 4, which
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49,teiew .el e itt.„..„1,, r eco v er SP6 fa
t ee l l v 1 ?S' il eArred,4 i 6 gi; &An Y part thereo suit
p
t:li theeeding :instituted and the same-discontinued;
l
WHEREAS, tten .nottce„ ibiotpforecjomptuagq by
advertisement an sale has been.setvedAion:theiteCord:OWilet and the
party tiii)OSSesSiO dfthemortgagedproPetty. at least (10)daYS prior.
tolthe Mis::Publication,and the amount due on the
Mortgage on the date of first publication a this Foreclosure Sale Notice'.
being $790,723.46 WItiCit:Sturt.ConSiStS in
the amount $160,666,00 plus interest acerued to the dite•Offir4PUblica;-
tion of this FOreCio4iic' in the amount of .:$630;423:46; plus
late charges in the arnoitht, of $300:00, pliii;ittbrneY,N:*e4;. costs ex-
pended, and •ic4iglitterest a late charges after the date of first pub,.
lication of this FOreelosure Sale notice; and 7
I WHEREAS the property beingfoteclosedbn may be subject to other
liens and encumbrances that will not be extinguished at the sale. Any
prospective 'buyer. should research the status of befOterstibtaitting a
bid.
NOW; THEREFORE, Richard ChaunceyRoberts,as the Mortgagee,
Will have the Mortgage foreclosed as provided by law by causing the
Mortgaged property:to be sold at public venue by:the-Lincoln county
Sheriff or his deciutyto the highest bidder for cash at 10:OQ AM otilio,.
Vetnber 24, 2009, at the front door of th Lincoln County Courthouse,
925 sage Kemmerer, Wyoming, for application on th6iitove
described ainOuultsi securerthy the MOrtgige,.SaidMOrtgaged property
being described as'iollows:
Lots 4 and 5' Block 1 of the original Township of the Town of
Cokeville, Lincoln County, Wyoming to included buildings, improve-
ments, and Watetirights.
And also: Lots,J, 2, 3, 4, 5, 6,and 7:of Block 4, Roberts Addition,
Town of Cokeville, Lincoln County, Wyoming, being part of tract 82 in
Section 8; Township 24 North, Range 119 West; 6th P.M:, Wyoming;
And also:
A tract of land located in and being a portion of Tracts 82 and 90 of
the resurvey of Township 24 North, Range 119 West of the 6th Principal
Meridian, Lincoln County, Wyoming, being more particularly described
by metes and bounds as follows: BEG1NNING_at corner no. 1 of
72 of the resurvey of said Township 24 North, Range 119 West, bear
North 74 West a distance of 317.22 feet, to the title point of be-
ginning; thence South 89 West, a distance of 433.37 feet to the
Southwest comer of said tract of land; thence North 34 East, a
distance of 522.72 feet to a point being witnessed by a point lying South
89°22'42" East, a distance of 75 feet; thence South 89°22'42" East, a
distance of 724.86 feet; thence North 00 East, a distance of 237:63
feet; thence South 89 East, a distance of 900 feet to a point on the
Westerly right-of-way of U.S. 30 North; thence South 11'42'317 tast, a
distance of 675.55 feet along said Westerly right-of-way to the Southeast
corner of said tract; thence North 89 West, a distance of 1627.95
feet to the pOint of beginning and containing 23.29 acres, more or less.
Together with all improvements situated thereon and fixtures and
appurtenances thereto.
Richard Chauncey Roberts
By: Scott Sargent
Sargent Law Office
PO 13ox.847
eti;870
Kemmerer Wyoming
mom.
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 4 insertions, the
first publication having been made on the
day of
A.D., 20 ns• and the last publication on
the t. day of
A.D., 20 (Y that said notice was
published in a regular and entire issue of
the pap.er(s) in which it was published; and
that said notice was published in the
newspaper proper, and no in a
supplement.
befor
Michae1 Jensen, Publisher
Subscribed in my presence and SWQ11 to
this
A.D., 20
of
Exhibit "C"
eov-,3187i
STATE OF WYOMING
COUNTY of LINCOLN
EXHIBIT "C"
AFFIDAVIT OF ATTORNEY
ss.
SCOTT SARGENT, of lawful age, being first duly sworn upon his oath, does
state as follows:
1. That he is a resident attorney licensed to practice law in the State of
Wyoming and represents the mortgagee, Bank of Star Valley, in a procedure to
foreclose a certain real estate mortgage.
2. That as attorney for the mortgagee, he will charge fees and costs totaling
$1203.61 as compensation for services actually rendered in the foreclosure
proceeding as follows:
Attorney Fees $760.00
Title Commitment $100.00
Postage 16.40
Advertising $510.60
Sheriffs Fees 10.00
Recording Fees 31.00
Total $1428.00
3. That the above referenced fee for services and costs incurred in
connection with the foreclosure sale shall be retained entirely by Scott Sargent.
There is no agreement, express or implied, between Scott Sargent and Richard
Chauncey Roberts, or between Scott Sargent and any other person not a
practicing attorney in the State of Wyoming engaged with them as an attorney in
this foreclosure proceeding, for any sharing or division of said fees and costs to
be added to the debt involved, and said fees and costs 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 the practice of law in the State
of Wyoming and residing herein.
FURTHER AFFIANT SAYETH NAUGHT.
G T
Sargent Law Office
PO Box 847
Kemmerer WY 83101
eiOu872
000873
3
Subscribed in my presence and sworn to before me by Scott Sargent this
day of November, 2009.
Witness my hand and official seal.
DENISE SARGENT NOTARY PUBLIC
COUNTY OF '9GG STATE OF
LINCOLN WYOMING
My Commission Expires May 10, 2011