HomeMy WebLinkAbout952428RECEIVED 3/9/2010 at 10:18 AM
RECEIVING 952428
BOOK: 743 PAGE: 439
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
g y EtZe of lawful age, being first duly sworn upon
his /her oath according to law, deposes and says:
1. That he /she is now and was at all times herein mentioned, a duly appointed,
qualified and acting Deputy Sheriff of Lincoln County, Wyoming.
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 February 4, 11, 18, 25, 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 secured a single indebtedness owed to the
Mortgagee, and as stated in Exhibit A.
4. That on the 9th day of March, 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 la n remises wa sold for the su
1\ 0 1 orsnV.
000
000439
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 25 of Star Valley Ranch Plat 5, Lincoln County, Wyoming, as described on the
Official plat filed on June 30, 1971 as Instrument No. 431709 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 April 13, 2007, made, executed, and delivered by Jason 5. Heggenstaller,
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 April 25, 2007, in Book 655, at Page
747, Rec. #928761.
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 $36,064.80 as follows:
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
/Surplus
$32,324.67
$790.96
$390.00
$10.00
$150.00
$10.84
$50.00
$2,232.33
$106
$0.00
$36,064.80
A3,doci.v
(a o04.
C00440
8. That before the allowance and addition of the sum of $2,232.33 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.
11. That said Imo" being the purchaser of said land and
premises, said and its, his, her successors and
assigns, will be entitled to a deed for said lands and premises on and after the 9
day of June, 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.
2010.
IN WITNESS WHEREOF, he /she has hereunto signed his /her name this 9 day of March,
WITNESS MY HAND AND OFFICIAL SEAL
Shane Johnson, Sheriff of Lincoln
County, Wyoming
By
Depu riff
STATE OF WYOMING
SS
COUNTY OF LINCOLN
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY JOHN STETZENBACH THIS 9TH DAY OF
MARCH 2010.
Sit
COUNTY OF
LINCOLN
My (.:,;m
,tvr PUBLIC
STATE OF
WYOMING
SAVANNA L. FIAWKES NOTARY PUBLIC
COUNTY OF
STATE OF
LINCOLN WYOMING
My Commission Expires
000441.
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 consecutive issues,
commencing with the issue date 2010, and
ending with issue date:, 2010.
Subsc 'bed and sworn in before me this
111 t uq 2010.
My commission expires August 31, 2013
NOTICE OF
FORECLOSURE SALE
Default has occurred on that
secured Promissory Note No.
764004376 dated April 13, 2007.
That Note is secured by that cer-
tain Mortgage dated April 13,
2007 given by Jason S.
Heggenstaller, to 1st Bank, Alpine,
Wyoming, which was recorded in
the Lincoln County Clerk's office
on April 25, 2007, at Rec 928761
Book 655 Page 747. The Mortgage
contains a power of sale.
The 'Mortgage was given to secure
the original principal sum of
$39,000.00. Nonpayment and
other default exists, acceleration
of the debt secured by the
Mortgage 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
day of
:i j: *1 It r
4 Public
the front steps of the Lincoln
County Courthouse, 925 Sage.
Avenue, Kemmerer, Wyoming at
10:00 a.m. on Tuesday, March 9,
2010. The amount due and owing
is $32,324.67 unpaid principal,
and $718.36 in accrued and
unpaid interest, late fees, and
other fees and charges, for a total
of $33,043.00 plus attorneys' fees,
costs, and expenses of the foreclo-
sure. Interest accrues at $7.53 per
diem.
The property encumbered by the
Mortgage will be offered for sale
and is described as follows:
Lot 25 of Star Valley Ranch Plat 5,
Lincoln County, Wyoming as
described on the official plat filed
on June 30, 1971 as instrument
No. 431709 of the records of the
Lincoln County Clerk.
The real property or its address is
cammonly known as 184 Barberry
Way, Thayne, Wyoming 83127.
Notice of Intention to Foreclose
the Mortgages was sent in accor-
dance with X34- 4- 103(a) (iv) on
January 15, 2010.
000442
DANA BRYANT NOTARY PUBLIC
County of q Sktr. u
4 l a
Lincoln N�,; y,•, ;i� Wyoming
My Commihr,:ion l ,i.yimo :auC7uca 331: 2013
WA•yA"°e;`f,rRW�W{ry�ry� J? bN' iN °'SL WP+
The property being torecrosea
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 day 1st of February,
2010.
/s/ February 01, 2010
John P. LaBuda
LaBuda Law Office, P.C.
Attorney at Law
P.O. Box 1240
Pinedale, Wyoming 82901
(307) 367 -3927
Wyoming State Bar No. 5 -2966
Publish Feb. 4, 11, 18, 25,
2010.
John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
AFFIDAVIT OF ATTORNEY REGARDING FEES
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 April 13, 2007,
wherein Jason S. Heggenstaller are the Mortgagor 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 April 25, 2007, in Book 655, at Page 747 at Rec.
928761.
DATED this
State of Wyoming
1.—knaA0
County ofd
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
$2,232.33 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 March, 2010.
COUNTY
:ss
My Commission Expires
STATE OF
WYOMING
Subscribed and sworn to before me this day of March, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
SAVANNA L. HAWKES NOTARY PUBLIC
NTY
Notary Public
OO 442
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 April 13,
2007, wherein Jason S. Heggenstaller, is the Mortgagor 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 April 25, 2007, in Book 655, at Page 747 at Rec.# 928761.
2. That on January 15, 2010, 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:
Jason S. Heggenstaller
191 Barberry Way
Thayne, WY 83127
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 day of March, 2010.
State of Wyoming
1 —i COVN
County of-St bi e
9
:SS
COKA44
Subscribed and sworn to before me this oc-g`day of March, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN \t+ WYOMING
My C'Y
Z4 14u« \A 1 1
Notary Public
JOHN P LABUDA
January 14, 2010
By Certified Mail, Return Receipt Requested
Jason S. Heggenstaller
191 Barberry Way
Thayne, WY 83127
Re: NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE
MORTGAGE
1 ST BANK OF ALPINE, NOTE NO. 764004376
Dear Mr. Heggenstaller:
LaBuda Law Office, P.C. represents 1 Bank of Alpine.
You are hereby notified that you are in default of Promissory Note 764004376 (the "Note for
failure to make full monthly payments for the months of October, November, or December 2009.
As of the date of this letter, the principal balance of the Note is $32,324.67 together with accrued
interest, secondary interest, and late charges of $718.36 for a total current payoff of $33,043.00.
Interest accrues at the rate of $7.53 per day. Demand is hereby made for payment of these
amounts immediately.
Pursuant to W.S.§ 34- 4- 103(a)(iv), you are also hereby notified that 1 Bank of Alpine intends to
foreclose that certain mortgage dated April 13, 2007 and recorded on April 25, 2007 at REC#
928761 BK# 655 PG #747 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,
Jo P. LaBuda
For LaBuda Law Office, P.C.
pc: J. Robinson
LABUDA LAW OFFICE, P.C.
ATTORNEYS AT LAW
P.O. Box 1240
PINEDALE, WYOMING 82941
u0 445
307 3 67-39 27
FAX 307 367 -3928
JLABUDA000@C ENTURYTEL.NET
U.S. Postal Service Tr,
CERTIFIED MAILT, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com<
TH OE C A USE
$0.44
$2.80
$2.30
$0.00
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage &Fees. 0 .!i,5/2010
Sent o
Jason S. Heggenstaller
o rPO oxN 191 Barberry Way
or PO B ox N c
cn state, z Thayne, WY 83127
0493
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John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
AFFIDAVIT OF MAILING OF NOTICE OF FORECLOSURE SALE
00 44'7
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 f Bank of
Afton, Wyoming, in its foreclosure of that certain mortgages dated April 13,
2007, wherein Jason S. Heggenstaller is the Mortgagor 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 April 25, 2007, in Book 655, at Page 747 at Rec.# 928761.
2. That on February 1, 2010, 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:
Jason S. Heggenstaller
191 Barberry Way
Thayne, WY 83127
3. That on February 1, 2010, 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.
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.
DATED this 7 day of March, 2010.
State of Wyoming
County of le V o\IN
:ss
SAVANNA L. HAWES NOTARY PUBLIC
COUNTY OF t STATE OF
LINCOLN ;'3 WYOMING
My Commission Expires
Subscribed and sworn to before me thin day of March, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
Notary Public
000448
NOTICE OF FORECLOSURE SALE
000 449
Default has occurred on that secured Promissory Note No. 764005256 dated June 30,
2008. That Note is secured by that certain Mortgage dated June 30, 2008 given by Craig W.
Smith, to 1st Bank, Alpine, Wyoming, which was recorded in the Lincoln County Clerk's office
on July 2, 2008, at Rec 940259 Book 699 Page 58, modified on June 30, 2009, and re- recorded
on July 6, 2009, at Rec #948144 BK #726 PG #825. The Mortgage contains a power of sale.
The Mortgage was given to secure the original principal sum of $180,000.00.
Nonpayment and other default exists, acceleration of the debt secured by the Mortgage 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 Courthouse, 925
Sage Avenue, Kemmerer, Wyoming at 10:00 a.m. on Tuesday, March 9, 2010. The amount due
and owing is $179,819.94 unpaid principal, and $4,046.77 in accrued and unpaid interest, late
fees, and other fees and charges, for a total of $183,866.71, plus attorneys' fees, costs, and
expenses of the foreclosure. Interest accrues at $36.95 per diem.
The property encumbered by the Mortgage will be offered for sale and is described as
follows:
Lot 149 of Star Valley Ranch Plat 18, Lincoln County, Wyoming
as described on the official plat filed on May 3, 1979 as instrument
No. 523540 of the records of the Lincoln County Clerk.
The real property or its address is commonly known as 1356
Hardman Road, Star Valley Ranch, Wyoming 83127.
Notice of Intention to Foreclose the Mortgages was sent in accordance with §34-4
103(a)(iv) on January 15, 2010.
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 day of February, 2010.
Publish: February 4, 2010
February 11, 2010
February 18, 2010
February 25, 2010
John P. LaB
LaBud w 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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