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HomeMy WebLinkAbout9531136011018809 This Sheriffs Certificate of Sale is made by M. Shane Johnson fin Sheriff of Lincoln County, State of Wyoming, to the Wyoming Community Development Authority as purchaser of the property described below at the foreclosure sale on the 27 day of April, 2010. Default having on the terms and conditions of the mortgage given by given by Jennifer A. Goe, mortgagor, in favor of First National Bank of Gillette, mortgagee, dated October 31, 2008, recorded November 3, 2008, as Instrument Number 943377, in the Office of the Clerk of Lincoln County, Wyoming, given to secure payment of a note in the in the amount of One Hundred Fifty -Six Thousand, Eight Hundred and 00 /100 ($156,800.00). Said note and mortgage were assigned to Wyoming Community Development Authority by assignment dated October 31, 2008, and recorded November 18, 2008 as Instrument Number 943701 in the Office of the Clerk of Lincoln County Wyoming, and a foreclosure sale having taken place on the 27 day of April, 2010, on the following described real property: UNIT 502 OF BUILDING 500, STATELINE CONDOMINIUMS, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON SEPTEMBER 12, 2006, AS DOCUMENT No. 922381, AS PLAT NO. 362 -A, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, ALSO BEING A PART OF LOT 5, STATELINE ESTATES, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON NOVEMBER 17, 2005, AS DOCUMENT NO. 913797 AS PLAT NO. 293 -E, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED AND DESCRIBED IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STATELINE CONDOMINIUMS LOCATED IN FREEDOM, LINCOLN COUNTY, WYOMING, CREATED BY DOCUMENT NO. 922380, IN BOOK 633 AT PAGE 513 OR SET FORTH IN THE RELATED BYLAWS IN ANY INSTRUMENT CREATING THE ESTATE OR INTEREST INSURED BY THIS PROPERTY; AND IN ANY OTHER ALLIED INSTRUMENT REFERRED TO IN ANY OF THE INSTRUMENTS AFORESAID. ALSO KNOWN AS UNIT 502 OF STATELINE CONDOMINIUMS PHASE 1, LINCOLN COUNTY, WYOMING TOGETHER WITH UNDIVIDED INTEREST IN COMMON ELEMENTS IN ACCORDANCE WITH THE DECLARATION OF CONDOMINIUM, COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED SEPTEMBER 12, 2006 IN BOOK 633PR ON PAGE 513; SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 24, 2007 IN BOOK 676PR ON PAGE 631; AND, THE SECOND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED AUGUST 13, 2008 IN BOOK 702PR ON PAGE 268; AND, BY THE OFFICIAL PLAT OF STATELINE CONDOMINIUMS PHASE I BUILDINGS 300 AND 500 FILED ON SEPTEMBER 12, 2006 AS INSTRUMENT NO. 922381; FURTHER AMENDED BY THE OFFICIAL PLAT OF STATELINE CONDOMINIUMS PHASE II BUILDING 200 FILED OCTOBER 24, 2007 AS INSTRUMENT NO. 934331; FURTHER AMENDED BY THE OFFICIAL PLAT OF STATELINE CONDOMINIUMS PHASE III BUILDING 400 FILED AUGUST 13, 2008 AS INSTRUMENT NO. 941246; AND, FURTHER AMENDED BY THE OFFICIAL PLAT OF STATELINE CONDOMINIUMS PHASE IV BUILDING 100 FILED AUGUST 13, 2008 AS INSTRUMENT NO. 941247 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. All prerequisites to foreclosure having been met, election was made to foreclose, pursuant to W.S. §34 -4- 101, et seq., and notice of the foreclosure sale was duly advertised and given pursuant to a copy of the legal publication attached hereto, and the sale was then held at the date and place provided and the property was sold to the Wyoming Community Development Authority, the highest bidder at the sale, for the sum One Hundred Sixty Seven Thousand, Two Hundred Forty -Eight and 28/100 ($167,248.28). By virtue of the sale and the purchaser's payment, under the authority of law, I hereby give and grant this Sheriffs Certificate of Sale to Wyoming Community Development Authority whose address is P.O. Box 10100, Casper, WY 82602, as Purchaser, which will be entitled to a Sheriffs Deed for the property at the expiration of the period of redemption, unless the property is redeemed prior to that date as provided by law. Upon the expiration of the period of redemption, a Sheriffs Deed will be executed, conveying the property to the Wyoming Community Development Authority, or its assignee, as the holder of this Sheriffs Certificate of Sale. Dated this 27 day of April, 2010. STATE OF WYOMING )SS COUNTY OF LINCOLN The above and foregoing SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE was acknowledged before me this 27 day of April, 2010, by John Stetzenbach My Commission Expires: SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE SAVANNA L HAWKLS NOTARY PUKED COUNT( OF RfATt 0� 11 tt I1�f; COu LINCOLN MY Cof irniss n Fy /4.t4 D Sheriff Lincoln County, Wyoming Notary Public co 125 RECEIVED 4/27/2010 at 10:48 AM RECEIVING 953113 BOOK: 746 PAGE: 125 JEANNE WAGNER LINCOLN COUNTY CLEPv M MMERER, WY STATE OF WYOMING ss COUNTY OF NATRONA AFFIDAVIT I, Michael D. Zwickl, as attorney for the Wyoming Community Development Authority, being first duly sworn, do hereby state the following is true and correct to the best of my knowledge: 1. On February 19, 2010, a written TEN DAY NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE was mailed, in the matter of the foreclosure of the mortgage given by Jennifer A. Goe, mortgagor, further identified in the attached paperwork, to each record owner and occupant at his or her Last known address, and by certified mail, return receipt requested, to each record owner and lien holder, if any, at their last known addresses, all of which were sent in separate envelopes by U.S. Mail, postage prepaid, addressed as follows: Jennifer A. Goe 502 James Way, Unit 502 Freedom, WY 83120 #7009 1410 0000 7018 2378 Jennifer A. Goe 502 James Way, Unit 502 Freedom, WY 83120 #7009 1410 0000 7018 2460 Dated this 19 day of April, 2010. Occupant 502 James Way, Unit 502 Freedom, WY 83120 #7009 1410 0000 7018 2385 Said TEN DAY NOTICE OF INTENT TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE was mailed at least ten (10) days before the commencement of publication of the Notice of Sale. 2. On March 16, 2010 a NOTICE OF FORECLOSURE SALE was mailed to each record owner and occupant at his or her last known address, and by certified mail, return receipt requested, to each record owner and lien holder, if any, at their last known addresses, all of which were sent in separate envelopes by U.S. Mail, postage prepaid, addressed as follows: Occupant 502 James Way, Unit 502 Freedom, WY 83120 #7009 1410 0000 7018 2682 Said Notice of Foreclosure sale began publication on March 25, 2010. el D. Zwickl, Attorney, 5 -1457 Michael D. Zwickl Law Office P.O. Box 2710 Casper, WY 82602 307- 237 -8010 Subscribed and sworn before me this 19 day of April, 2010 by Michael D. Zwickl. My Commission expires. 'Y /A County of Natrona Jennifer A. Goe PO Box 7749 Jackson, WY 83002 #7009 1410 0000 7018 2392 Jennifer A. Goe PO Box 7749 Jackson, WY 83002 #7009 1410 0000 7018 2477 a 'f orc ardt Notary Public State of Wyoming My Commission Expires 09 /04/201 2 (;.0i 126 NOTICE OF FORECLOSURE SALE Default having occurred and prerequisites. to 'foreclosure hav proceeding been instituted and ment dated October 31, 2008, and recorded November 18, 2008 as Instrument Number 943701 in the Office of the Clerk of Lincoln County Wyoming. The past amount, due as of March 15, 2010 is Seven Thousand, One Hundred Fifty-Six and 28/100 ($7,156.28), plus accruing inter- est, fees and costs, and the amount due as of March 15, 2010 is One Hundred Sixty-Three Thousand, Seven Hundred Forty- Eight and 88/100 ($163,748.88) plus accruing interest, fees and costs. Said mortgage contains a power of sale which by reason of default the owner of the Note �l Mortgage declares to have me operative and no, suit or been met, notice is hereby the same discontinued.' Written given that the mortgage given by notice of intent to foreclose the given by Jennifer A. Goe, wort Mortgage by advertisement and gagor, in favor of First National sale has been served upon the Bank of Gillette, mortgagee, record owner and t h e >party in dated October 31, 2008, record- possession of the mortgaged ed November 3, 2008, as premises at least ten days prior to Instrument Number 943377, in the commencement of this publi- the Office of the Clerk of Lincoln cation. The property being fore County, Wyoming, given to closed upon may be subject to secure payment of ,a note in the other liens and encumbrances in the amount of, One Hundred that will not be extinguished at Fifty-Six Thousand, Eight the sale and any prospective pur- Hundred and 00 chaser should research the status Said the bid. note and mortgage were assigned Therefore, said mortgage will be to Wyoming Community foreclosed by, sale of the real Development Authority by assign property described as: UNIT 502 OF BUILDING 500, STATELINE CONDOMINIUMS, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON SEPTEMBER 12, 2006, AS DOG UMENT NO. 922381, AS PLAT NO. 362 -A, IN THE OFFICE OF THE CLERK OF LINCOLN, COUNTY,' WYOMING, ALSO BEING A PART OF LOT 5, ESTATES, AS, SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON NOVEMBER 17, 2005, AS DOC- UMENT NO. 913797 AS PLAT NO. 293-E, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED AND TDFseRTRFT) TN TT-TAT CERTAIN ($156,800.00) is. in default. S id of title before submitting 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 AC:,4.tJ- consecutive issues, commencing with the issue date ./2 5 2010, and ending with issue dated ,9/71^. C /.5 2010. CT Subsc5f1J\V ed and swprn in before me this 2010. My commission expires August 31, 2013 proceeding been instituted at law to recover the debt secured by the mortgage or any part all thereof, nor has any such suit or day of DECLARATION `OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STATELINE CONDOMINIUMS LOCATED IN FREEDOM, LIN- COLN COUNTY, WYOMING, CREATED BY DOCUMENT NO 922380, IN BOOK 633 AT PAGE 513 OR SET FORTH IN THE RELATED BYLAWS IN ANY INSTRUMENT CREATING THE ESTATE OR INTEREST INSURED BY THIS PROPERTY; AND IN ANY OTHER ALLIED INSTRUMENT REFERRED TO IN ANY OF THE INSTRU- MENTS AFORESAID. ALSO IKNOWN AS UNIT 502 OF STATELINE CON- DOMINIUMS PHASE 1, LIN- COLN` COUNTY, WYOMING TOGETHER WITH UNDIVID- ED INTEREST IN COMMON ELEMENTS IN ACCORDANCE WITH THE DECLARATION OF CONDOMINIUM,; COVENANTS, CONDITIONS AND RESTRICTIONS RECORD- ED SEPTEMBER 12, 2006 IN BOOK 633PR ON PAGE 513; j SUPPLEMENTAL DECLARA- TION OF COVENANTS, CON DITIONS AND RESTRICTIONS RECORDED OCTOBER 24, 2007 IN BOOK 676PR ON PAGE 631; AND, THE SECOND SUPPLE- MENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORD- ED AUGUST 13, 2008 IN BOOK 702PR ON PAGE 268; AND, BY THE OFFICIAL PLAT OF STATELINE CONDOMINIUMS' JANA BR`•ANT.. County of Lincoln 129 �r+: esgxc' cvw;, �.y�,am�c•,:! =a..r +n. :�^w: Stoic of Wyoming ;u.c;,ust J 201r.. PHASE I BUILDINGS 300 ANL 500 FILED ON SEPTEMBER 12 2006', AS INSTRUMENT NO 922381; FURTHER AMENDEI BY THE OFFICIAL PLAT 01 STATELINE CONDOMINIUM PHASE II BUILDING 200 FILEI OCTOBER 24, 2007 AS INSTRU MENT NO. 934331; FURTHEI AMENDED BY THE OFFICIAI PLAT OF STATELINE CONDO MINIUMS PHASE III BUILDINC 400 FILED AUGUST 13, 2008 A: INSTRUMENT NO. 941246 AND, FURTHER AMENDED 13 THE OFFICIAL PLAT 01 STATELINE CONDOMINIUM; PHASE IV BUILDING 101 FILED AUGUST 13, 2008 A INSTRUMENT NO. 941247 0'. THE RECORDS OF THE LIIN COLN COUNTY CLERK which has the address of 50' James Way, Unit 502, Freedorr Wyoming, 83120, to be sold b public auction by the Sheriff t the highest bidder, for cash, a 10 :00 a.m. on Tuesday, April 2; 2010 at the front steps of th Lincoln County Courthouse, 92 Sage Avenue, Kemmerer Wyoming 83101. The sale wi take place only if a representativ of the Wyoming Communit Development Authority, or it agent, is present. Wyoming Communit Development Authority By: Michael D. Zwickl Michael D. Zwickl Law Office 125 West 2nd Street P.O. Box 2710 Casper, WY 82602 Publish March 25, April 1, 8, 15, 2010. STATE OF WYOMING COUNTY OF NATRONA )s AFFIDAVIT I, Michael D. Zwickl, as attorney for the Wyoming Community Development Authority, in the matter of the foreclosure of the mortgage given by Jennifer A. Goe, mortgagor, as further identified in the attached paperwork, being first duly sworn, do depose and say there is no agreement, express or implied, between myself and my client, nor between myself and any other person, for any sharing or division of the attorney's fee to be added to the debt involved, and said fee shall be only as compensation for services actually rendered in the foreclosure proceeding. I am admitted to practice as an attorney in Wyoming, and I reside therein. The actual fees and costs incurred in this foreclosure are as follows: Attorney's Fee Foreclosure proceedings 650.00 Statutory Costs 39.82 Publication 825.00 Sheriff's fee 10.00 Filing fee 25.00 Title Company Fee 50.00 DATED this 19 day of April, 2010. My Commission Expires:Q_ TOTAL FEES AND COSTS County of Natrona $1,599.82 Michael D. Zwickl, Attorney Subscribed and sworn to before me this 19th day of April, 2010 by Michael D. Zwickl. Farrah Borchardt Notary Public State of Wyoming My Commission Expires 09/04/2012 €O»128