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6010918623
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
CERTIFICATE OF SALE
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 23, 2006, executed and delivered by Thomas
Brown and Billee Jean Brown, husband and wife, to First Interstate Bank, and (b)
that certain mortgage dated June 23, 2006 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on June 29, 2006, as /in Receiving 919771, Book
624, Page 844, 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:
104233. doc
LOT 174, NORDIC RANCHES DIVISION NO. 12,
LINCOLN COUNTY, WYOMING, ACCORDING TO
THAT PLAT FILED AUGUST 15, 2001, AS PLAT NO.
194 -E,
with an address of:
1618 Saddle Drive, Etna, WY 83118
Together with all improvements thereon situate 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 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 December 30, 2009, issue of
said newspaper and ending with the January 21, 2010, 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 notice and the publisher's affidavit of publication thereof are
attached hereto as Exhibit B and by this reference made a part hereof.
RECEIVED 1/26/2010 at 11:21 AM
RECEIVING 951832
BOOK: 741 PAGE: 70
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Brown 30679 -0170 Il
Page 1 of 7
eO O71.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to -wit: On January 26, 2010, 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
$204,079.29 "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 January 26, 2010, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
26
104233.doc
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of January 2010.
Shane Johnson, Sheriff in and for
Lincoln County, State of Wyoming
By:
Print Name:
Title:
Deputy Sheriff
Certificate of Sale
Brown 30679 -0170 0
Page 2 of 7
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff BOyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 26 day of
January 2010
My Commission Expires:
104233.doc
ACKNOWLEDGMENT
Witness my hand and official seal.
SAVANNA L. HANES NOTARY PUBLIC
1,
COUNTY OF
LINCOLN
My Commission Expires
C. 072
•!T IAL _.�y!►
Notary Public
RATE OR
*NM
Certificate of Sale
Brown 30679 -0170 0
Page 3 of 7
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
SS.
COUNTY OF NATRONA
P. Jaye Rippley 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 23, 2006, (the "Mortgage
and recorded on June 29, 2006, as /in Receiving 919771, Book 624, Page 844
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 Thomas Brown and Billee
Jean Brown, 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 4000 0355
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6571
Thomas Brown
1618 Saddle Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0386
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6601
Occupant
1618 Saddle Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0409
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6625
Billie Jean Brown
P. O. Box 3847
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0423
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6649
Nordic Ranches Water District
48 W Hwy 26
PO Box 3249
Alpine, WY 83128 USA
104233.doc
EXHIBIT A
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0362
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6588
Billee Jean Brown
1618 Saddle Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0393
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6618
Thomas Brown
P. O. Box 3847
Alpine, WY 83128
CERTIFIED MAIL NO. N01: 7108 8676 0770 4000 0416
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6632
Alpine Water and Sewer District
c/o Town of Alpine
P.O. Box 3070
250 River Circle
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 7108 8676 0770 4000 0430
CERTIFIED MAIL NO. FSN: 7108 8676 0770 0000 6656
American Collection Systems, Inc.
P. O. Box 1289
407 S. 21 Street
Laramie, WY 82073
Certificate of Sale
Brown 30679-01700
Page 4 of 7
C.- OiA 4
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 10, 2009 and the date of the first publication of the
notice of foreclosure sale was December 30, 2009.
My Commission Expires:
8 131/,
104233.doc
FURTHER AFFIANT SAYETH NAUGHT.
By:
mimm
Jaye
r6 •tey
of Brown, Drew Masse LP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234 -1000
Supscribed in my presence and sworn to before me by P. Jaye
Rippley this 2V day of dani 2010.
Witness my hand and official seal.
Notary Pu ic
SHERRY WILCOX_: NOTARY PUBLIC
County of `i; State of
Natrona Wyoming
My Commission Expires Aug. 31, 2011
Certificate of Sale
Brown 30679-01700
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
()TICE
rancipa1 an interest has oc
2 u
0fi, executed and de ivered by Thomas Brown and Billee Jean Brown,
e "Mortgagor(s) First Interstate- B ank, and a real
estate Mortgage (the "Mortgage;) of the date securing the,�Nbte
'which Mortgage was executed °anddelivered'by said "Mortgagor(s), to
said Mortgagee, and whichMortgage wasuecordedon June:29, 2066, in/.
as Receiving 4t, 19771,' Booko624,, IPage 844 in the records, of the office
of the CoUnty erk and ex officio Register of Deeds in and for,Linooin<
County State of Wyoming
wiltRE" AS, the Mortgage contains a power of sale which by reason!
Of said default, to Mortgagee declares to have become operative, and no
suit ig has been instituted at law to recbver the debt secured
y ee th n e in M sti o tu rtg t9 a d ge an
or the, anys4iYaiamtrthereo e discof,norhas any'such suit or proceeding.
nnued
writ'tennotice of i n foreclose the Mortgage by
advertisement sale as been served .upon the record,ovtner and the
party in on of�t e mortgaged p `remises at'least ten days prior
to the ement'of this tblication,4and the upon 'the
date of first Publication of f t is,notice of sale being,the
9 8,909 07 �vMch sum of the unpaid prin
balm 'phis iteres a quedt e ate''ofthe�rfust
9.02, lus,late charges in ;the
e
in °the amount of $786.25',
t of "$589 35fi plus' attorneys'
fees', cog Eat ate charges after thedate
of first pub ,uothisioice bf
Wt 6 Bing forec csed upon. may
k a
extinguish
aser Mould researchsthe status ofti
l O t Interstate Mortgagee vi
h e oreclo e a b law,yprovi by causingr,the the
gaged rope 'sb at end o b3 th 'Sher ff d 1 epuly Sher
iff,in ave andfor;L o C „9! X43' 3'Ri g, to the h estbi fd'erfor,'cash at'
10:00' o'clock in the forenoon on January. 26, 2010, at the front door, of
the Lincoln County Courthouse, in Kemmerer, Lincoln County,: Wyo”
for application on�the above descrrd Yu a is secured byf�t'he
Mortgage, said m"' aged p
LOT 174(1•10# being des a f wits,'
o DIYIPSION Q 12, LINCOLN
COUNTY, WYO of G C ACd ®f G TO LAT PILED AU
GUST 15 20 ti f 4 `E, +,9 'E. i-'
t ,4a Rni -3 e4 a W C+ t 9
with
Together an ad a °I,a ,8 ®fi e Drise, tna, ,4 »83118
with all i
mprovements thereon situate and all fixtures and
appurtenances( ti
First ,Interstate;B"ank
By: P Jaye'R ppley
Brown, Drew Massey, LLR',
159 `North Wolcott Street; Suite 200
Casper;xWyoming` 82601
14, 21, 2010 (03503) 1231A
Publish: Dec.r 30, 2009;
104233.doc
EXHIBIT B
PUBLISHER'S AFFIDAVIT
I, Michael Jensen, do hereby, upon my
oath, depose and say that I am the
Publisher of the KEMMERER GAZETTE
NEWSPAPER, a once weekly newspaper
published in the City of Kemmerer, County
of Lincoln, in the State of Wyoming, and
that said newspaper has a general
circulation in said County and State; and
that the legal notice herein attached was
published in said newspaper for the full
period of 4 consecutive issues /weeks;
the first publication being on the 3()
day of eckl y 1111(J)
and the last publication being on the 21
t i a�i t i 20 I CU
day of
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Micha•nsen, Publisher
ROSEMARY CAPE LLEN NOTARY PUBLIC
County of State of
r.
Lincoln 4f, Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
day of
.,20 410
Notary
015
KEMMERER, KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Certificate of Sale
Brown 30679 -0170 I]
Page 6 of 7
STATE OF WYOMING
SS.
COUNTY OF NATRONA
My Commission Expires:
3t/
104233.doc
EXHIBIT C
AFFIDAVIT OF ATTORNEY
P. Jaye Rippley, 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.
FURTHER AFFIANT SAYETH NAUGHT.
By:
Jay Rippe
of Brown, Drew Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234 -1000
S��ubscribed in my presence and sworn to before me by P. Jaye Rippley
this ;Z2/v- day of danuarj 2010.
Witness my hand and official seal.
"(A
Notary Public
SHERRY WILCOX NOTARY PUBLIC
County of M State of
Natrona Wyoming
Mid{ Commission Expires Aug. 31 2011
006076
Certificate of Sale
Brown 30679 -0170 fl
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