HomeMy WebLinkAbout952716RECEIVED 3/30/2010 at 10:17 AM
RECEIVING 952716
BOOK: 744 PAGE: 627
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
C Ou62'?
C Cc-c
oath according to law, depose 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 Kemmerer Gazette, a newspaper
printed, published and of general circulation in the County of Lincoln, State of Wyoming, the said
publication having been made on February 25, March 4, 11 and 18, 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 on the 30 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 vendue, to the
highest bidder for cash, he /she offered for sale the following- described lands and premises as a
whole, it being not susceptible to being offered as separate parcels, and then sold said lands and
premises as a whole for the sum of 7/g, ?-.0 to 1 Bank, Alpine,
having bid fairly and in good faith therefore, and being the highest and best bidder, for all of said
lands and premises, being particularly described as follows, to -wit:
Lot 1 of the Snake River Junction First Filing Subdivision, Recorded on December
15, 2006, as Document No. 925355, Plat No. 294 -A, in the Office of the Clerk of
Lincoln County, Wyoming
Together with all improvements thereon, and easements, appurtenances and
incidents belonging or appertaining thereto, or used in connection therewith,
subject, however, to all mining, mineral and other exceptions, reservations,
covenants, conditions and rights of way of record
4. That said lands and premises were sold pursuant to the above provisions of the Notice of
Mortgage Foreclosure Sale hereinabove described, and under and by virtue of the power of sale and
authority contained in that certain Mortgage, dated August 26, 2008, made, executed and delivered by
Monica A. Mason, as Mortgagor, to 1 Bank, Alpine, 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 September 2, 2008, in Book 703 at pages 806 et. seq.
5.That the debt secured by said Mortgage at the time of said sale, including principal, interest,
advances, fees, costs and expenses of foreclosure was the actual sum of $964,227.45 as follows:
of lawful age, being first duly sworn upon his/her
Amount due on Principal
Interest to Date of Sale
Secondary Interest
Late Charges
Publication of Notice of Sale
Sheriffs Fee
Foreclosure Guaranty Title Policy
Certified Mailing Costs
Recording Fees
Attorney Foreclosure Fee
Mileage
Total
Amount Bid
Deficiency
$932,011.55
7,164.84
17,049.64
2,439.34
331.20
10.00
1458.58
59.30
38.00
3,575.00
90.00
e06628
$964,227.45
z /8, a).
6. That before the allowance and addition of the sum of $3575.00, to the aforesaid
mortgage debt as attorney fees, there was duly filed with the aforesaid Sheriff of Sweetwater County,
Wyoming, affiant herein, by L. Galen West, of Bussart West PC, 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 Section 34 -4 -112, (Lexis 2007), an executed true copy of which affidavit is
attached hereto, marked "Exhibit B and by this reference made a part hereof.
7. That prior to the aforesaid sale of the within described lands and premises, there was also
duly filed with said Sheriff, affiant herein, by said L. Galen West, of Bussart West PC, one of the
attorneys representing Mortgagee, an affidavit of mailing of Notice of Intent to Foreclose Mortgage by
Advertisement and Sale, said affidavit being duly made and executed pursuant to the provisions of
Wyoming Statutes Annotated, Section 34 -4 -103 (a)(iv), (Lexis 2007) an executed true copy of which
affidavit is attached hereto, marked "Exhibit C and by this reference made a part hereof.
8. That prior to the aforesaid sale of the within described lands and premises, there was also
duly filed with said Sheriff, affiant herein, by said L. Galen West, of Bussart West PC, one of the
attorneys representing Mortgagee, an affidavit of mailing of Notice of Mortgage Foreclosure Sale, said
affidavit being duly made and executed pursuant to the provisions of Wyoming Statutes Annotated,
Section 34- 4- 104(a), (Lexis 2007) an executed true copy of which affidavit is attached hereto, marked
"Exhibit D," and by this reference made a part hereof.
9. That said Rock Springs National Bank, being the purchaser of all the above described lands
and premises as aforesaid, said Rock Springs National Bank, its successors and assigns, will be entitled
to a deed for said lands and premises on and after the 2nd day of August, 2010 said date being after the
expiration of three (3) months plus thirty (30) days 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 30 day of March,
Shane Johnson, Sheriff of
Lincoln County, Wyoming
Deputy Sheriff
The State of Wyoming
County of Lincoln
ss.
yy
The foregoing instrument was acknowledged before me by C
C1
Deputy Sheriff of Lincoln County, Wyoming, this 30 day of March, 2010.
Witness my hand and official seal.
My commission expires:
12-1 N
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF STATE OF M1 y r
LINCOLN WYOMING
My Commission Expires
Notary Public
e06629
N.
WHET
duly recorder
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Date
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PI
adutrta erne
$tatusr o
ore•
ire
KEMMERER, WYOMING
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 1 consecutive issues /weeks;
the first publication being on the 25
day of 20 t 0
and the last publication being on the
day of -nnat .010 20 1 CI
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jens ublisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln 0' Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this I i day of
Lfl ih.o t) 0 I W
Ci00630
Notary S ature
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
The State of Wyoming
County of Sweetwater
Dated this 30 day of March, 2010.
L. Galen est
,2S
ss.
AFFIDAVIT OF ATTORNEY
The State of Wyoming
ss.
County of Sweetwater
Subscribed and sworn to before me this 30 day of March, 2010, by L. Galen West.
Witness my hand and official seal.
My commission expires:
Nota
(66631
L. Galen West, 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, Alpine, Wyoming, in its
foreclosure of that certain mortgage dated August 26, 2008, wherein Monica A. Mason is the
Mortgagor and 1 Bank, Alpine, is the Mortgagee, said Mortgage having been filed for record in the
Office of the County Clerk and Ex- Officio Register of Deeds within and for Lincoln County,
Wyoming, on September 2, 2008, in Book 703 at pages 806 et. seq.
2. That there is not, nor 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 attorneys' fee of $3,575.00 to be allowed and added to the debt involved, and any fee, when so
allowed and added to the debt, is only as compensation for services actually rendered in said
foreclosure proceedings.
VrIV
Public 41
:414.2sth, Zoe 0 �v
The State of Wyoming
County of Sweetwater
Monica A. Mason
PO Box 3810
Alpine WY 83128
Keith Smith
PO Box 3810
Alpine WY 83128
Dated this 30 day of March, 2010.
L. Galen est
ss.
AFFIDAVIT OF ATTORNEY
Monica A. Mason
7 Wilson Meadow Road
Bow NH 03304
Keith Smith
7 Wilson Meadow Road
Bow NH 03304
The State of Wyoming
ss.
County of Sweetwater
Subscribed and sworn to before me this 30 day of March, 2010, by L. Galen West.
OOu'f32
L. Galen West, 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, Alpine, in its foreclosure of
that certain mortgage dated August 26, 2008, wherein Monica A. Mason is the Mortgagor and 1st
Bank, Alpine, is the Mortgagee, said Mortgage having been filed for record in the Office of the
County Clerk and Ex- Officio Register of Deeds within and for Lincoln County, Wyoming, on
September 2, 2008, in Book 703 at pages 806 et. seq.
2. That on the 3 day of February, 2010, John LaBuda, an attorney generally admitted to
practice law within the State of Wyoming, and co- counsel in this matter, deposited in the United
States Post Office at Pinedale, Wyoming, Notice of Intent to Foreclose Mortgage by Advertisement
and Sale hereinafter set forth, postage prepaid and addressed and sent by certified mail, to the
following persons, at their last known address, they being the owners of record, personal guarantors
and persons in possession of the mortgaged premises:
M &M Auto Outlet Wyoming, Inc.
ATTN: Monica Mathias Mason, Registered Agent
3130 E. Yellowstone
Casper WY 82601
3. That a true copy of said Notice of Intent to Foreclose Mortgage by Advertisement and
Sale is attached hereto, marked "Exhibit A and by this reference made a part hereof.
Witness my hand and official seal. C,J \SSION 4p ec>
My commission expires: APTPLAYPT.IB
if 1
I .II� I— 25th,
2� 2 I co 11vv�`�•
ary Publi
Jor-rN P. LABvDn,
Monica A. Mason
PO Box 3810
Alpine, WY 83128
Keith Smith
PQ Box 3810
Alpine, WY 83128
Monica A. Mason
7 Wilson Meadow Road
Bow, NH 03304
Keith Smith
7 Wilson Meadow Road
Bow, NH 03304
LABUDA LAW OFFICE, P.C.
ATTOEwRys AT Yalu
P.O. Box 1240
PINEDALE, WtoMn+ro 82941
Via Certified Mali Return Receipt Requested
NOTICE OF INTENT TO FORECLOSE MORTGAGE
BY ADVERTISEMENT AND SALE
February 3, 2010
M&M Auto Outlet Wyoming, Inc.
ATTN: Monica Mathias Mason, Registered Agent
3130 E Yellowstone
Casper, WY 82601
RE; 1 Bank, Alpine Delinquent Mortgage
Dear Ms. Mason and Mr. Smith:
000633
307 367 -3927
FAx 307 367 3928
JL BUDAOOO@CENTUR'Y'TEL,N
Please be advised that 1 Bank, Alpine has contacted my office regarding the collection of the
outstanding amount due on the Promissory Note( "Note dated August 26, 2008 in the principal
sum of $1,109373.76, given by Ms. Mason to 1 Bank AIpine "the Bank The Note is secured
by a Mortgage dated August 26, 2008, given by Ms. Mason to the Bank, and recorded September
2, 2008, in the Office of the (county Clerk of Lincoln County, Wyoming in Book No, 703. Page
000634
806 -810, reception no. 941897 "Mortgage The Mortgage covers the following described real
property located at 84 Sunbeam, Alpine, WY 83128:
Lot 1 of the Snake River Junction First Filing Subdivision, Recorded on
December 15, 2006, as Document No, 925355, Plat No. 294 -A, in the Office of
the Clerk of Lincoln County, Wyoming
The Note and Mortgage are personally guaranteed by Mr. Smith,
According to the terms of the Note, Ms. Mason agreed to pay to the Bank the sum of $9887.14
each month, commencing October 1, 2008 until the Note was paid in full. The Note payments
are due on the 1 day of the month. According to the Bank's records, Ms. Mason's last payment
was received and credited on Noveinber24, 2009. As of January 12, 2010, the total outstanding
principal balance due under the•Note.is $932,011.55. Interest has accrued under the Note from
November 24, 2009 through January 12, 2010 in the sum of $10,758,56, As of January 12, 2010,
late charges of $956.26 had accrued.. Interest is accruing on said principal balance at the annual
rate of 6.75% per annum or $174,75216 per day from January 12, 2010.
Pursuant to the terms of the Note, the Bank has elected to declare the Note immediately due and
payable, and demand is hereby made upon Ms. Mason and Mr. Smith for the payment of the
entire principal balance due of $932,011,55, plus accrued interest in the sum of $10,758.56
through January 12, 2010 plus accruing interest from and including January 12, 2010, at rate
of 6.75% per annum ($174.75216 per day), and together with attorney fees to date in the sum of
$550,00. I have enclosed a copy of the Promissory Note, Personal Guaranty and Mortgage for
your reference.
In the event Ms, Mason and or Mr. Smith have not contacted the undersigned and made
satisfactory arrangements for the payment, in full, of this debt within ten (10) days of the date of
this letter, formal legal proceedings, to include foreclosure of the Mortgage by advertisement and
sale, pursuant to the power of sale contained in the Mortgage, will be instituted to recover this
indebtedness, together with all attorney's fees and court costs incurred in the process.
This debt will be assumed valid unless, within thirty (30) days after receipt of this notice, you
dispute the validity of this debt in writing to the undersigned attorney. The copy of the
Promissory Note, Personal Guaranty and Mortgage enclosed with this letter serves as verification of
the debt. If you dispute the validity of this debt in writing within thirty (30) days after receipt of
this notice, additional verification of the debt will be obtained and a copy of the verification will
be mailed to you. The Bank's address will be provided to you if, within thirty (30) days, you
make written request for such address, You should be aware, however, that even though you
may dispute the validity or amount of this debt my collection efforts may continue.
This communication is an attempt to collect a debt, and any information obtained will be used
for this purpose.
You should consider this as formal notice of the mortgage holder's intent to foreclose by
advertisement and sale as provided in Chapter 4 of Title 34 of the Wyoming Statutes. A Notice of
err 7 1 A l 11 7 '77 I UTAI
Mortgage Foreclosure Sale, including your name, will appear in the local newspaper following ten
(10) days after the date of this letter. A copy of that Notice of Mortgage Foreclosure Sale will be
mailed to you by certified mail prior to the first date of publication of that Notice.
This Notice is given to Ms. Mason as record owner and person in,possession of the mortgaged
premises, to Mr. Smith as payment guarantor of the Note and Mortgage and to M &M Auto
Outlet Wyoming, Inc. as a former and possible person in possession of the property.
Very truly yours,
Jo LaBuda
1st Bank, Alpine, w/o encl.
000635
iAr 71 A1117 '77 IGIAI
The State of Wyoming
County of Sweetwater
L. Galen West, 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 the Rock Springs National Bank,
Rock Springs, Wyoming, in its foreclosure of that certain mortgage dated January 5, 2009, wherein
Peter Winner and Linda Winner, husband and wife, are Mortgagors and the Rock Springs National
Bank, is the Mortgagee, said Mortgage having been filed for record in the Office of the County Clerk
and Ex- Officio Register of Deeds within and for Sweetwater County, Wyoming, on January 12,
2009, in Book 1136 at pages 204 -214.
2. That on the 5 day of February, 2010, John LaBuda, an attorney generally admitted to
practice law within the State of Wyoming, and co- counsel in this matter, deposited in the United
States Post Office at Pinedale, Wyoming, Notice of Intent to Foreclose Mortgage by Advertisement
and Sale hereinafter set forth, postage prepaid and addressed and sent by certified mail, to the
following persons, at their last known address, they being the owners of record, personal guarantors
and persons in possession of the mortgaged premises:
Monica A. Mason
PO Box 3810
Alpine WY 83128
Keith Smith
PO Box 3810
Alpine WY 83128
ss.
M &M Auto Outlet Wyoming, Inc.
ATTN: Monica Mathias Mason, Registered Agent
3130 E. Yellowstone
Casper WY 82601
3. That a true copy of said Notice of Mortgage Foreclosure Sale is attached hereto,
marked "Exhibit A and by this reference made a part hereof.
Dated this 30 day of March, 2010.
AFFIDAVIT OF ATTORNEY
Monica A. Mason
7 Wilson Meadow Road
Bow NH 03304
Keith Smith
7 Wilson Meadow Road
Bow NH 03304
The State of Wyoming
ss.
County of Sweetwater
Subscribed and sworn to before me this 30 day of March, 2010, by L. Galen West.
Witness my hand and official seal.
My commission expires:
0 252x13
000636
NOTYCE OF MORTGAGE FORECL S1TRE SALE 000637
WHEREAS, the power of sale in the following- described Mortgage, duly recorded as
hereinafter specified having become operative by the default in a condition of such Mortgage by
the Mortgagor, and no suit or proceeding having been instituted to recover the debt thereby secured,
or any part thereof, 1" Bank, Alpine, Alpine, Wyoming, the Mortgagee therein, hereby states and
gives notice that:
1. The aforesaid Mortgage, dated August 26, 2008, was filed of record on September 2,
2008, in Book 703, Page. 805 et seq., in the Office of the County Clerk and Ex- Officio Register of
Deeds of Lincoln County, Wyoming.
2. That written notice of intent to foreclose the aforesaid Mortgage by advertisement and
sale has been served upon Monica A. Mason, as record owner and person in possession, and M&M
Auto Outlet Wyoming, Inc., as person in possession, by certified mail with return receipt, mailed to
the last known addresses of said record owner and persons in possession on the 5th day of February,
2010.
3. The amount claimed to be due on said Mortgage as of January 12, 2010, for
principal, interest and late fees, is the sum of $943,726.37, together with all accruing interest at the
rate of $174.75216 per day, advances, attorney fees, costs, fees and expenses of foreclosure.
4. The mortgaged premises are described as:
Lot 1 of the Snake River Junction First Filing Subdivision, Recorded on
December 15, 2006, as Document No. 925355, Flat No. 294 -A, in the Office of
the Clerk of Lincoln County, Wyoming
Together with all improvements thereon, and easements, appurtenances and
incidents belonging or appertaining thereto, or used in connection therewith,
subject, however, to all mining, mineral and other exceptions, reservations,
covenants, conditions and rights of way of record
5. That by virtue of the power of sale contained therein, said Mortgage will be foreclosed
by sale of the above described mortgaged premises, or so much thereof as may be necessary, at public
venclue by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming, at the front door of the
Courthouse in Kemmerer, Lincoln County, Wyoming, at 10:00 o'clock A.M. on March 30, 2010, to
satisfy the aforesaid amount, and accruing interest, advances, costs, fees and expenses of foreclosure.
6. Pursuant to Wyoming Statutes, Section 1- 18- 109(b), 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 25, March 4,11, 2010
1' Bank, Alpine,
Mortgagee