HomeMy WebLinkAbout9516681. That he /she is now and was at all times herein mentioned, a duly appointed,
qualified and acting Deputy Sheriff of Lincoln County, Wyoming.
€100348
CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
Vai c•e'1`kfC of lawful age, being first duly sworn upon
his /her oath according to law, deposes and says:
2. That the Mortgagee caused a notice of the following- described mortgage
foreclosure sale to be published once a week for four consecutive weeks in the
Star Valley Independence, a newspaper printed, published, and of general
circulation in the County of Lincoln, State of Wyoming, the said publication
having been made on December 24, 31, 2009; January 7, 14, 2010, that said
Notice of Mortgage Foreclosure Sale was given in the manner and for the
time required by law; that all acts had and done hereunder were in accordance
with and conformity to the requirements of law in such case made and provided;
and that Proof of Publication of said Notice of Mortgage Foreclosure Sale,
together with a true copy of said Notice, is attached hereto, marked "Exhibit A
and by this reference made a part hereof.
3. That said mortgage in Exhibit A secure a single indebtedness owed to the
Mortgagee, and as stated in Exhibit A.
4. That on the 19th day of January, 2010, at the hour of 10:00 o'clock A.M., at the
front door of the Courthouse of the County of Lincoln, State of Wyoming, in
Kemmerer, Wyoming, the same being also the place of holding the District Court
in said County, and at public venue, to the highest bidder for cash, he /she
offered for sale the following- described land and premises and then sold said
land and premises as follows:
The land and premises was wld for the sum of to
having bid fairly and in good faith therefore, and being the highest bidder and
best bidder, for all of said lands and premises, being particularly described as
follows, to -wit:
Lot 5 of Clearview Village Phase 1, Lincoln County, Wyoming, as described on the
Official plat filed on November 8, 2006 as Instrument No. 924197 of the Records
of the Lincoln County Clerk.
5. That said land and premises was sold pursuant to the above provisions of the
Notice of Mortgage Foreclosure Sale herein above described, and under and by
virtue of the power of sale and authority contained in that certain Mortgage
dated October 15, 2007, made, executed, and delivered by Mark J. Lechner and
Jillayne Lechner, husband and wife, as Mortgagor, to 1 Bank, Afton, Wyoming,
as Mortgagee, which Mortgage was filed for record in the Office of the County
Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming
on October 19, 2007, in Book 676, at Page 155, re- recorded on March 27, 2009
in Book 718, at Page 793, modified on April 1, 2009, and recorded on April 21
2009 in Book 720, at Page 872.
6. That the debt secured by said Mortgages at the time of the sale, including
principal, interest, advances fees, costs and expenses of foreclosure was the
actual sum of $293,795.92 as follows:
RECEIVED 1/19/2010 at 10:11 AM
RECEIVING 951668
BOOK: 740 PAGE: 348
JEANNE WA (N.F13_
LINCOLN COUNTY CLER, .._...,VIERER, WY
Amount due on principal
Interest, Late fees to Date of Sale
Publication of Notice of Sale
Sheriff's Fee
Foreclosure Guaranty Title Policy
Certified Mailing Costs
Recording Fees
Attorney Foreclosure Fee
Miscellaneous Expenses
Negative Escrow Reserve Balance
Total
Amount Bid
Deficiency /Surplus
11. That said
/5 ex 4/k.
$276,902.33
$13,053.01
$390.00
$10.00
$150.00
$44.32
$12.00
$2,802.20
$106
$326.06
$293,975.92
as s" 0,60
4 74.L5 p
O 1=349
8. That before the allowance and addition of the sum of $2,802.20 to the aforesaid
debt as attorney fees, there was duly filed with the aforesaid Sheriff /Deputy
Sheriff of Lincoln County, Wyoming, affiant herein„ by John P. LaBuda, of LaBuda
Law Office, P.C., an attorney admitted generally to practice in the State of
Wyoming and representing the Mortgagee, an affidavit duly made and executed
pursuant to the provisions of Wyoming Statutes Section 34 -4 -112, an executed
true copy of which affidavit is attached hereto, marked as "Exhibit B and by this
reference made a part hereof.
9. That prior to the aforesaid sale of the within described lands and premises, there
was also duly filed with said Sheriff /Deputy Sheriff, affiant here, by said John P.
LaBuda, of LaBuda Law Office, P.C., one of the attorneys representing
Mortgagee, an Affidavit of Mailing of Notice of Default and Notice of Intention to
Foreclose Mortgage, said affidavit being duly made and executed pursuant to
the provisions of Wyoming Statutes 34 -4 -103 (a)(iv), an executed true copy of
which is attached hereto, marked "Exhibit C", and by reference made a part
hereof.
10. That prior to the aforesaid sale of the within- described lands and premises, there
was also duly filed with said Sheriff /Deputy Sheriff, affiant here, by said John P.
LaBuda, of LaBuda Law Office, P.C., one of the attorneys representing
Mortgagee, an Affidavit of Mailing of Notice of Foreclosure Sale, said affidavit
being duly made and executed pursuant to the provisions of Wyoming Statutes
34 -4 -104 (a), an executed true copy of which is attached hereto, marked "Exhibit
D and by reference made a part hereof.
being the purchaser of said land and
premises, said 5t Z i and its, his, her successors and
assigns, will be entitled to a deed for said lands and premises on and after the
19 day of April, 2010, said date being after the expiration of three (3) months
from the date of sale, unless the same shall be redeemed prior to that date
as provided by law.
(O 35()
IN WITNESS WHEREOF, he /she has hereunto signed his /her name this 19 day of
January, 2010.
Shane Johnson, Sheriff of Lincoln
County, Wyoming
By et
De rut Sheriff
STATE OF WYOMING
SS
COUNTY OF LINCOLN
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY JOHN STETSENBACH
THIS 19TH DAY OF JANUARY 2010.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF
LINCOLN
STATE OF
WYOMING
I
My Commission Expires y (l
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 issue of said newspaper, and not in any supplement
thereof, for 0 Lc.. V' consecutive issues,
commencing with the issue date PGf 2009, and
ending with issue dated ..r /L 2010.
scribed and sworn in before me this
201A.
My commission expires August 31, 2013
41111■4_ 1 4i :..LAL
Not. ,'ublic
day of
,NOTICE; OF
FORECLOSURE SALE
Default has occurred on that
secured Promissory ;'Note No.
764004816 dated October 15,
2007 That Note is secured by
that certain Mortgage dated
October 15, 2007 given by Mark
J. Lechner and Jillayne Lechner,
husband and wife, to 1st Bank,
which was recorded in the
Lincoln County Clerk's office on
October 19, 2007 at REC
934218 BK# 676 PG#155, re-
recorded on March 27, 2009 at
REC# 946155 BK# 718 PG# 793,
modified on April 1, 2009, and
recorded on April 21, 2009 at
REC# 946649 BK# 720 PG# 872.
The mortgage contains a power
of sale.
The Mortgage was given to
secure the original principal sum
of $282,000.00. Nonpayment
and other, default, exists, accelera-
tion of the.debt secured by the
Mortgages has been declared,
and the entire remaining balance
of the debt is now due and
payable. No lawsuit has been
filed to .collect the debt or any
portion thereof.
Take notice that the Note and
Mortgage will be foreclosed and
the property encumbered by the
Mortgage will be sold by the
Sheriff of Lincoln County to the
highest bidder for cash at public
auction The sale will be held on
the front steps of the Lincoln
County 925 Sage
Avenue, Kemmerer, Wyoming at'
10:00 a.m. on Tuesday, January
19, 2010. The amount due and
JANA BRYANT NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires August 31, 2013
owing as of November 11, 2009 is
$276,932.33. unpaid principal,
and $10,369.94 in accrued and
unpaid interest, late fees, and
other fees and charges, for a total,
of $287,302.27, plus attorneys'
fees, costs, and expenses of the
foreclosure. Interest accrues at.
$47.42 per diem.
The property encumbered by the
Mortgage will be offered for sale
and is described as follows:
Lot 5 of Clearview Village Phase.
1, Lincoln County,; Wyoming as
described on the Official plat
filed on November 8, 2006 as
Instrument No. 924197 of the
Records of the Lincoln County
Notice of Intention to Foreclose
Mortgage was sent in accor-
dance with §34- 4-103(a) (iv) on
December 4, 2009.
The property being foreclosed
upon may be subject to other
liens and that will
not be extinguished at the sale
and any prospective purchaser
should, research the status of title
before submitting a bid.
DATED this 17 day of
December, 2009.
/s/ John P. LaBuda
LaBuda Law Office, P.C.
Attorney at Law
Box 1240
Pinedale, Wyoming 82901
(307) 367-3927
Wyoming State Bar No. 5 -2966
Publish Dec. 24, 31, 2009, Jan. 7,
14, 2010.
John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is one of the attorneys for and is representing 1 Bank of
Afton, Wyoming, in its foreclosure of that certain mortgage dated October 15,
2007, wherein Mark J. Lechner and Jillayne Lechner are the Mortgagors and 1st
Bank of Afton, Wyoming, is the Mortgagee, said Mortgage having being filed for
record in the Office of the County Clerk and Ex- Officio Register of Deeds within
and for Lincoln County County, Wyoming, on October 19, 2007, in Book 676, at
Page 155, re- recorded on March 27, 2009 in Book 718, at Page 793, modified on
April 1, 2009, and recorded on April 21 2009 in Book 720, at Page 872.
DATED this
That there is not, not has there been, any agreement, expressed or implied,
between him and his client, nor between him and any other person except
practicing attorneys in the State of Wyoming engaged with him as attorneys in
said foreclosure proceedings, for any sharing or division of his attorney's fee of
$2,802.50 to be allowed and added to the debt involved, and any fee, when so
allowed and added to the debt, is only compensation for services actually
rendered in said foreclosure proceedings.
day of Janu. ry, 2010.
John P. La
State of Wyoming
County of Sublette
AFFIDAVIT OF ATTORNEY REGARDING FEES
:ss
:Y352
Subscribed and sworn to before me this /day of January, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
9/; 7�,��d
COUNTY OF
SUBLETTE
ELLEN D. UNREIN NOTARY PUBLIC
My Commission Expires 09/27/2010
STATE OF
WYOMING
Notary Public
C.: 0 X353
AFFIDAVIT OF MAILING OF NOTICE OF DEFAULT AND NOTICE OF INTENTION TO
FORECLOSE MORTGAGE
John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is one of the attorneys for and is representing 1 Bank of
Alpine, Wyoming, in its foreclosure of that certain mortgage dated October 15,
2007, wherein Mark J. Lechner and Jillayne Lechner, husband and wife, are the
Mortgagors and 1st Bank of Alpne, Wyoming, is the Mortgagee, said Mortgage
having being filed for record in the Office of the County Clerk and Ex- Officio
Register of Deeds within and for Lincoln County, Wyoming, on October 19, 2007,
in Book 676, at Page 155.; re- recorded on March 27, 2009 in Book 718 at Page
793, modified on April 1, 2009, and recorded on April 21, 2009 in Book 720 at
Page 872.
2. That on December 4, 2009, he deposited in the United State Post Office at
Pinedale, Wyoming, Notice of Default and Notice of Intention to Foreclose
Mortgage, hereinafter set forth, postage prepaid and address and sent by
certified mail, to the following persons, at their last known address, they being
the owners of record and persons in possession of the mortgaged premises as
well as United States Bankruptcy personnel:
John P. LaBuda
Mark J. Lechner
Jillayne Lechner
PO Box 5098
Etna, WY 83118
Gary Barney, Trustee
250 Focht Rd.
Lander, WY 82520
Office of the US Trustee
308 West 21 Street Room 203
Cheyenne, WY 82001
3. That a true copy of said Notice of Default and Notice of Intention to Foreclose
Mortgage is attached hereto, marked "Exhibit A and by this reference made a
part hereof.
DATED this (5 day of January, 20
:ss
County of Sublette
State of Wyoming
Subscribed and sworn to before me this I day of January, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
COUNTY OF
SUBLETTE
ELLEN D. UNREIN NOTARY PUBLIC
My Commission Expires 09/27/201.0
STATE OF
WYOMING
Notary Public
JOHN P. LA BUDA
December 04, 2009
By Certified Mail, Return Receipt Requested
Mark Lechner
PO Box 5098
Etna, WY 83118
Re: NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE
MORTGAGE
1ST BANK OF ALPINE, NOTE NO. 764004816
Dear Mr. Lechner:
LaBuda Law Office, P.C. represents 1St Bank of Alpine.
You are hereby notified that you are in default of Promissory Note 764004816 (the
"Note for failure to make full monthly payments for the months of June, July,
August, September, October, and November 2009. As of November 19, 2009, the
principal balance of the Note is $276,932.33 together with accrued interest,
secondary interest, and late charges of $10,369.94 for a total current payoff of
$287,302.27. Interest accrues at the rate of $47.42 per day. Demand is hereby
made for payment of the amounts immediately.
Pursuant to W.S. §34- 4- 103(a)(iv), you are also hereby notified that 1St Bank of
Alpine intends to foreclose that certain mortgage dated October 15, 2007, recorded
on October 19, 2007, at REC #934218 BK# 676PG #155, re- recorded on March 27,
2009, at REC #946155 BK #718 PG #793 modified on Apri11, 2009, and recorded on
April 21, 2009 at REC# 946649 BK# 720 PG# 872, in Lincoln County, Wyoming, by
advertisement and sale as provided for in such mortgage within ten (10) days of the
date of this letter.
Sincerely,
LABUDA LAW OFFICE, P.C.
ATTORNEYS AT LAW
P.O. Box 1240
PINEDALE, WYOMING 82941
Jo P. LaBuda
for LaBuda Law Office, P.C.
pc: J. Robinson, U.S. Trustee, G. Barney, Trustee
00.355
307 367 -3927
FAX 307 367 -3928
JLABUD &Bpp @CENTURYTEL.NET
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COMPLETE THIS SECTION
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A. Signature
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired..
Print your name and address on the reverse
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Attach this card to back of the mailpiece,
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1: Article Addressed to:
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PS Form 3811, February 2004
SENDE 1' COMPLETE THIS SECTION
Conplete Rails 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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1. Article Addressed to
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PS Form 3811, February 2004
2. Article Number
(Transfer from service label)
1. Article Addressed to:
7009 1410. 0002 0436 6711
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SENDER: COMPLETE THIS SECTION
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Domestic Return Receipt
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SENDER: COMPLETE THIS SECTION
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c.p357
AFFIDAVIT OF MAILING OF NOTICE OF FORECLOSURE SALE
John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is one of the attorneys for and is representing 1 Bank of
Afton, Wyoming, in its foreclosure of that certain mortgages dated October 15,
2007, wherein Mark J. Lechner and Jillayne Lechner are the Mortgagors and 1st
Bank of Afton, Wyoming, is the Mortgagee, said Mortgage having being filed for
record in the Office of the County Clerk and Ex- Officio Register of Deeds within
and for Lincoln County, Wyoming, on October 19, 2007, in Book 676, at Page
155, re- recorded on March 27, 2009 in Book 718, at Page 793, modified on April
1, 2009, and recorded on April 21 2009 in Book 720, at Page 872.
2. That on December 21, 2009, he deposited in the United State Post Office at
Pinedale, Wyoming, Notice of Foreclosure Sale, hereinafter set forth, postage
prepaid and address and sent by certified mail, to the following persons, at their
last known address, they being the owners of record and persons in possession
of the mortgaged premises and United State Bankruptcy personnel:
Mark J. Lechner
Jillayne Lechner
PO Box 5098
Etna, WY 83118
Gary Barney, Trustee
250 Focht Rd.
Lander, WY 82520
Office of the US Trustee
308 West 21 Street Room 203
Cheyenne, WY 82001
3. That on December 21, 2009, he deposited in the United State Post Office at
Pinedale, Wyoming, Notice of Foreclosure Sale, hereinafter set forth, postage
prepaid and address and sent by certified mail, to the following holders of
recorded mortgages and liens subordinate to the mortgage being foreclosed:
None existed.
DATED this (Li day of Januar 2010.
John P. LaBuda
ti. 358
4. That a true copy of said Notice of Foreclosure Sale is attached hereto, marked
"Exhibit B and by this reference made a part hereof.
State of Wyoming
County of Sublette
:ss
Subscribed and sworn to before me this/ of January, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
COUNTY OF
SUBLETTE
ELLEN D. UNREIN NOTARY PUBLIC
STATE OF
WYOMING
jes.D9/27./2010
Notary Public
OO .1359
NOTICE OF FORECLOSURE SALE G®
Default has occurred on that secured Promissory Note No. 76 50 04 dated b October
J5
2007. That Note is secured by that certain Mortgage dated October given
Lecluier and Jillayne Lechner, husband and wife, to 1st Bank,
BK# 676 PG #155are- recorded nln
County Clerk's office on October 19, 2007 at RE C# 934218
March 27, 2009 at REC# 946155 BK# 718 PG# 793, modified on April 1, 2009, and recorded on
April 21, 2009 at REC# 946649 BK# 720 PG# 872. The mortgage contains a power of sale.
The Mortgage was given to secure the original principal sum of $282,000.00.
Nonpayment and other default exists, acceleration e debt the
now t due and payableMNo lawsuit has
declared, and the entire remaining balance of
been filed to collect the debt or any portion thereof.
sed and the property Take notice that the Note and Mortgage will be foreclo ca h at
n County the Mortgage will be sold by the Sheriff of Linco Y to the highest bidder for
public auction. The sale will be held on the front steps of the Lincoln County Courthouse, 925
Sage Avenue, Kemmerer, Wyoming at 10:00 a.m. on Tuesday, January 19, 2010. The amount
due and owing as of November 11, 2009 is $276,932.33 unpaid principal, and $10,369.94 in
accrued and unpaid interest, late fees, and other fees and charges,
accrues for a o total l of 2 per d2m7, plus
attorneys' fees, costs, and expenses of the foreclosure. Interest
The property encumbered by the Mortgage will be offered for sale and is described as
follows:
Lot 5 of Clearview Village Phase 1, Lincoln County, Wyoming as
described on the Official plat filed on November 8, 2006 as
Instrument No. 924197 of the Records of the Lincoln County
Clerk.
Notice of Intention to Foreclose the Mortgage was sent in accordance with §34-4
103(a)(iv) on December 4, 2009.
The property being foreclosed upon 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 this
Publish: December 24, 2009
December 31, 2009
January 7, 2010
January 14, 2010
day of December, 2009.
John
LaBf Office, P.C.
Attorney at Law
P.O. Box 1240
Pinedale, Wyoming 82901
(307) 367 -3927
Wyoming State Bar No. 5 -2966
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Sent To
Street, Apt. No.;
or PO Box No.
City, State, ZIP +4
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
1
e Postma
Here 1
12/21/2009
TM
ERTIFIED MAIL„ RECEIP 1
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com
WP1C 1 A
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
Sent To
Street, Apt. No.;
or PO Box No.
City, State, ZIP +4
$0.44
$2.80
$2.30
$0.00 k
$5.54
llSE
Postmark\
r Hefei' C t
PS Form 3800, August 2006
/ill
9y I
See Reverse for Instructions
U.S. Service„
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com®
$0.44'.
$2.80
32.30 1
$0.00
$5.54
See Reverse for Instructions
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
Sent To
Street, Apt. No.;
or PO Box No.
City, State, ZIP +4
Postage
Certified Fee
C1.AL USE
3
''i ?X
t
Pdstmark
r 7 Here t;;
1 9
ENbGR: f'OMPLETE THIS SECTION
I Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I Print your name and address on the reverse
so that we can return the card to you.
t Attach this card to the back of the maiiplece,
Or on the front if space permits.
Article Addressed to:
T
og[11)5F
e'1e✓'
t. Article Number.
(TPansferfrom service label)
'S Form 3811, February 2004
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 the maiiplece,
or on the front If space permits.
1. Article Addressed to:
1. Article Addressed to:
PS Form 3811, February 2004;
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.
2. Article Number
(Transfer from service labeO
PS Form 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
A. •Signature
X
Domestic Return Receipt
Domestic Retum Receipt
Domestic Return Receipt
VYV1, 11
I B. Received. by' (Printed Name) U
pn no rnnviq a 1
D. Is delivery address differeht from item .1
If YES, enter delivery address below:
SJ Ice Type
ClerUfled Mall
Registered
Insured Mall
4. Restricted Delivery? (Extra Fee) 0 Yes
7008 1830 0003 3524 4972
F COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
D s delivery a dress different from Item 1? 0
if YES, enter delivery address below:
lee
itified Mali
Registered
Insured Mali
4. Restricted Delivery? (Extra Fee) Yes
7008 1830 0003 3524 4958
2. Article Number
(Transfer from service Zabel)
SENDEPI: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
Ver,
Agent
Addressee
C. Date of Delivery
d by (Printe Name
D. Is delivery ad .ress different from' Item 1? Yes
If YES, enter delivery address beloW: No
3. Service type,
Certified Mall Express Mali
I7 Registered Return Receipt for Merchandise
Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee)
7008 1830 0003 3524 6709
I Agent
i Addressee
r ate gt Delivery
press Mall
etum Receipt for Merchandise
C.O.D.
102595 M 1540
Agent
Addressee,
press Mall
um Receipt for Merchandise
C.O.D.
102595,02 M 1540'
Yes
102595 -02 -M -1540