HomeMy WebLinkAbout952717RECEIVED 3/30/ AM
RECEIVING 952717
BOOK: 744 PAGE: 638
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
1 1
g
his /her oath according to law, deoses and says:
006638
of lawful age, being first duly sworn upon
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 25, March 4, 11, 18, 2010; that said Amended
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 Amended 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 30th 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 land and premises was sold for the sum of a OSO c-t) to 1st
Bank, Alpine,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 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.
5. That said land and premises was sold pursuant to the above provisions of the
Amended 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 June 30, 2008, made, executed, and delivered by Craig Smith, as
Mortgagor, to 1 Bank, Alpine, 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 July 2, 2008, in Book 699, at Page 58,
Rec. #940259; modified on June 30, 2009, and re- recorded on July 6, 2009, in
Book 726, at Page 825 at Rec. 948144.
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 $190,726.47 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
Deficiency /Surplus
$179,819.94
$7,957.36
$390.00
$10.00
$150.00
$10.84
$50.00
$2,232.33
$106
$0.00
$190,726.47
/X DOD. at
6/ 41/7
0+00639
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 Amended 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 1 Bank, Alpine being the purchaser of said land and premises, said 1st
Bank, Alpine, and its, his, her successors and assigns, will be entitled to a deed
for said lands and premises on and after the 2 day of August 2010, said date
being after the expiration of three (3) months plus thirty (3) days, from the date
of sale, unless the same shall be redeemed prior to that date as provided by law.
IN WITNESS WHEREOF, he /she has hereunto signed his /her name this 30th day of
March, 2010.
The State of Wyoming
County of Lincoln
The foregoing
March, 2010.
Witness my hand and official seal.
My commission expires:
Shane Johnson, Sheriff of Lincoln
County, Wyoming
006640
instrument was acknowledged before me by
Deputy Sheriff of Lincoln County, Wyoming, this 30 day of
cS Sri ni .a Nckw-za___7
Notary Public
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN r WYOMING
My Commission Expires �l7/ j 1
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 ,,e:)�C r consecutive issues,
commencing with the issue date r, 2010, and
ending with issue dated /27 r chi 2010.
Subscribed and sworn in before me this
to 2010.
My commission expires August 31, 2013
AMENDED NOTICE
OF FORECLOSURE. SALE
has occurred on that
secured Promissory Note No.
764005256 dated August 26,
2008. That Note is secured by
that certain Mortgage dated
August 26, 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, accelera-
tion of the debt secured by the
Mortgage has been declared, and
Not Public
the entire remaining' balance of
the debt is now due and payable.
No lawsuit has been filed to col-
lect 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 30,
2010. The amount due and
owing is $179,819.9 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 expens-
es 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:
County of
Lincoln
000641
1' V, ��C;: F+ n,_e.'�t�s' +i?`R<f +VY °bu: "'M.°� '+`+N *MYS�ee�pq�e°G•'
JANA BRYAN i :NOTARY PUBLIC
My Cornn7issior `:x;.: res August 31, 2013
lsR4it�N.ia WA YIS ^1W e, Vti 4Mk^o:.tn:SVe .}�!!.'Y.�.•e.�•':'kt
Lot 149 of Star Valley Ranch Plat
18, Lincoln County, Wyoming as
described on the official plat
filed on May 3, 1979 as instru-
ment 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 accor-
dance 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 22nd day of
February, 2010.
/s'/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. 25, March 4, 11
18, 2010.
State of
Wyornintg
John P. LaBuda, of lawful age, being first duly sworn upon his oath according to law,
deposes and says:
DATED this
State of Wyoming
County of Sublette
AFFIDAVIT OF ATTORNEY REGARDING FEES
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 ft Bank of
Afton, Wyoming, in its foreclosure of that certain mortgage dated June 30, 2008,
wherein Craig Smith 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
County, Wyoming, on July 2, 2008, in book 699, at Page 58 at Rec. 940259;
modified on June 30, 2009, and re- recorded on July 6, 2009, in Book 726, at Page
825, at Rec. 948144.
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.
:ss
Subscribed and sworn to before me this g day of March, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
0140
Notary Public
000642
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 June 30,
2008, wherein Craig Smith, 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 July 2, 2008, in Book 699, at Page 58 at Rec.# 940259; modified on
June 30, 2009, and re- recorded on July 6, 2009, in Book 726, at Page 825, at
Rec #948144
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:
State of Wyoming
County of Sublette
Craig Smith
239 Strawberry Creek Lane
P.O. Box 4242
Bedford, WY 83112
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 0 7 3 day of March, 2010.
ss
0 7/..lo ia
Notary Public
000643
Subscribed and sworn to before me this day of March, 2010, by John P. LaBuda.
Witness my hand and official seal.
My commission expires:
ELLEN D. UNREIN NOTARY PUBLIC
COUNTY OF STATE OF
SUBLETTE L7 WYOMING
My Commission Expires 09/27/2010
JOHN P. LABUDA
January 14, 2010
By Certified Mail, Return Receipt Requested
Craig W. Smith
239 Strawberry Creek Lane
P.O. Box 4242
Bedford, WY 83112
Sincerely,
Re: NOTICE OF DEFAULT AND NOTICE OF INTENTION TO FORECLOSE
MORTGAGE
1 ST BANK OF ALPINE, NOTE NO. 764005256
Dear Mr. Smith:
LaBuda Law Office, P.C. represents 1 Bank of Alpine.
You are hereby notified that you are in default of Promissory Note 764005256 (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 $179,819.94 together with
accrued interest, secondary interest, and late charges of $4,046.77 for a total current payoff of
$183,866.71. Interest accrues at the rate of $36.95 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 June 30, 2008 and recorded on July 2, 2008 at REC#
940259 BK# 699 PG #58, modified on June 30, 2009 and re- recorded on July 6, 2009 at REC#
948144 BK# 726 PG #825 in Lincoln County, Wyoming, by advertisement and sale as provided
for in such mortgage within ten (10) days of the date of this letter.
John 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
00 0 6 4 4
307 3 67-39 27
FAX 307 3 67-39 28
J LAB 1 J DA000@ C ENT U RY T E L. N E T
U.S. Postal Service T„
CERTIFIED MAILT., RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com
BE OR 1 2 A USE
$0.44
$2.80
$0.00
0493
05
Postmark
Here
1. Article: Addressed to:
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage 81 Foos
$3.24 _01/15/2010
Craig W. Smith
Street,. p 239 Strawberry Creek Lane
e. POew P 0 Box 4242
City, Stets
Bedford, WY 83112
ent
SENDER: COMPLETE THIS SECTION
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 mailpiece,
or on the front if space permits.
Craig W. Sthith
239 Strawberry Creek Lane
P.O. Box 4242
Bedford, WY 83112
COMPLETE THIS SECTION ON DELIVERY
B. Received by (Printed Name)
A. Sign
D.. Is delivery address dill frOro RPn 0 Yes
If YES, enter delivery address belo*V No
3. Service Type
,'Certified Mail
Registered
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4. Restricted Delivery? (Extra Fee)
7009 2250 0002 8385 5271
Domestic Return Receipt
C. Date of Delivery
\C
>b
Agent
Addressee
Express Mail
J2rtietum Receipt for Merchandise
0 C.O.D.
0 Yes
102595- 02- M-1540
006645
AFFIDAVIT OF MAILING OF NOTICE OF AMENDED 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 f Bank of
Afton, Wyoming, in its foreclosure of that certain mortgage dated June 30, 2008,
wherein Craig Smith 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 July 2, 2008, in Book 699, at Page 58 at Rec.# 940259; modified on
June 30, 2009, and re- recorded on July 6, 2009, in Book 726, at Page 825, at Rec#
948144.
2. That on February 22, 2010, he deposited in the United State Post Office at
Pinedale, Wyoming, Amended 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:
Craig Smith
239 Strawberry Creek Lane
P.O. Box 4242
Bedford, WY 83112
3. That on February 22, 2010, he deposited in the United State Post Office at
Pinedale, Wyoming, Amended 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:
Bank of Alpine
P.O. Box 3709
Alpine, WY 83128
4. That a true copy of said Amended Notice of Foreclosure Sale is attached hereto,
marked "Exhibit B and by this reference made a part hereof.
DATED this
John P. LaBu
State of Wyoming
County of Sublette
day of March, 2010.
:ss
Subscribed and sworn to before me thi
Witness my hand and official seal.
My commission expires:
q/a 1/?
630 646
day of March, 2010, by John P. LaBuda.
ELLEN D. UNREIN NOTARY PUBLIC
COUNTY OF STATE OF
SUBLETTE WYOMING
My Conxnission Expires 09/27/2010
Notary Public
AMENDED NOTICE OF FORECLOSURE SALE
Default has occurred on that secured Promissory Note No. 764005256 dated August 26,
2008. That Note is secured by that certain Mortgage dated August 26, 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 30, 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 22nd day of February, 2010.
Publish: February 25, 2010
March 4, 2010
March 11, 2010
March 18, 2010
John a
LaBu•a Law Office, P.C.
Attorney at Law
P.O. Box 1240
Pinedale, Wyoming 82901
(307) 367 -3927
Wyoming State Bar No. 5 -2966
00i)648