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HomeMy WebLinkAbout953628STATE OF WYOMING SS. COUNTY OF LINCOLN Address: CERTIFICATE OF PURCHASE Pd. cx 299 The amount paid: 361 3 76. 97 RECEIVED 5/25/2010 at 10:15 AM RECEIVING 953628 BOOK: 747 PAGE: 672 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY e0u672 I, M. SHANE JOHNSON, SHERIFF OF THE COUNTY OF LINCOLN, STATE OF WYOMING, do hereby certify, pursuant to Wyoming Statutes 34 -4 -101 et seq., that pursuant to the power provided in said statutes, pursuant to the provisions of the Mortgage that was recorded in the Office of the Lincoln County Clerk on June 14, 2006 in Book 623 beginning at Page 199 as Receiving No. 919303, and at the request of Leisure Valley, Inc., a Nevada corporation registered to do business in Wyoming, as Mortgagee, the owner and holder of said Mortgage and in compliance with the published Notice of Foreclosure Sale that the real property encumbered by said Mortgage would be sold on the steps of the Lincoln County Courthouse, in Kemmerer, Wyoming, on May 25, 2010 at 10:00 a.m., the following described real property was sold: Lot 35, Stewart Country Club Estates Phase 2, Lincoln County, Wyoming. Said property was sold to: Name: L6i /sue VA C. 73,44yi4af WYo 0/445 b'3 /27. I further certify that notice of intent to foreclose by advertisement and sale was served upon the record owner and person in possession by certified mail, return receipt requested, mailed to the last known address of record at least ten days before the commencement of the first publication of notice, as shown by the attached documentation; that due and proper notice of the sale was published as required by law, as shown on the Affidavit of Publication attached hereto; that the price for which the real property was sold was the highest price bid therefore, and that said purchaser was the highest bidder for the real property; that that the whole sum so bid was paid; that to my best knowledge and belief, such sale was in all respects honestly and fairly conducted; and that the amount for which the real property was sold was the amount set forth CERTIFICATE OF PURCHASE LEISURE VALLEY PIERSON PAGE 1 OF 2 e00673 above to satisfy the amount due on the mortgage at the date of the sale, with interest and costs and disbursements allowed by law, including attorney's fees supported by the attached affidavit of counsel. The purchaser, or purchaser's heirs and assigns, will be entitled to a deed to the real property that was sold at the expiration of the redemption period unless the real property is previously redeemed or the time for redemption is extended as provided by law. IN WITNESS WHEREOF, I have executed this Certificate of Purchase at Kemmerer, Wyoming, this 25th day of May, 2010. BY: M. SHANE JOHNSON, SHERIFF LINCOLN COUNTY, WYOMING ACKNOWLEDGED before me by OA n.rAlcik Deputy Sheriff, acting for M. Shane Johnson, Sheriff, Lincoln County, Wyoming, this 25th day of May, 2010. WITNESS my hand and official seal. My Commission expires: 4 (2,7 (1( CERTIFICATE OF PURCHASE LEISURE VALLEY PIERSON PAGE 2 OF 2 NOTARY PUBLIC SAVANNA L, HAWKES NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires STATE OF WYOMI G STATE OF WYOMING SS. COUNTY OF LINCOLN oath, state as follows: FORECLOSURE SALE LEISURE VALLEY. INC. PIERSON MAY 25, 2010 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 FORECLOSURE SALE LEISURE VALLEY, INC. /PIERSON MAY 25, 2010 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 1 OF 3 00674 I, M. KEVIN VOYLES, of LUTHI VOYLES, LLC, being duly sworn and under 1. That I am the counsel for Leisure Valley, Inc., the Mortgagee of the Mortgage that was recorded in the Office of the Lincoln County Clerk on June 14, 2006 in Book 623 at Page 199 as Receiving No. 919303. 2. That said Mortgage is being foreclosed upon pursuant to Wyoming Statutes 34- 4 -101 through 34 -4 -113, Foreclosure by Advertisement and Sale, pursuant to the terms of said Mortgage. 3. That pursuant to Wyoming Statutes 34- 4- 103(a)(iv), written notice of intent to foreclose was provided to the record owners of the property at their last known address by certified mail, return receipt requested, at least ten (10) days before commencement of publication of the notice of sale. There owners of the property were in possession of the property. There were no other subordinate liens of record to which such notice copies needed to be sent. 00 6675 4. That pursuant to Wyoming Statutes 34- 4- 104(a), I hereby certify that prior to the first date of publication of the Notice of Foreclosure Sale, a copy of said Notice was served, by certified mail, return receipt requested, upon the owners of the property at their last known address. There owners of the property were in possession of the property. There were no other subordinate liens of record to which such Notice copies needed to be sent. 5. That pursuant to Wyoming Statutes 34- 4- 4- 104(a), notice that the mortgage would be foreclosed by a sale of the premises, was given by publishing the notice for four (4) consecutive weeks, at least once a week, in a newspaper printed in the county where the premises is situated. An Affidavit of Publication from the Star Valley Independent is attached hereto showing that notice was published on April 29, May 6, 13, and 20, 2010. 6. That said Mortgage provides for attorney's fees if legal action is necessary to collect the debt that is secured by said Mortgage. 7. That pursuant to Wyoming Statutes 34 -4 -112, I affirm that there has been and that there is now no agreement, express or implied, between Leisure Valley, Inc. and myself or my law firm, nor is there any such agreement with any other person or entity, for the sharing or division of the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale. 8. That I further affirm that the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale are compensation for services actually rendered in said foreclosure sale. FORECLOSURE SALE LEISURE VALLEY, INC. /PIERSON MAY 25, 2010 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 2 OF 3 fees of the foreclosure judgment and sale are as follows: May, 2010. 000676 9. That balance of said Mortgage as of May 25, 2010, and the costs and attorney's Mortgage Balance w/ and Accrued Interest through 05/25/10 Unpaid Annual Assessments Foreclosure Report Publication Costs and Postage Attorney's Fees Recording Fees DATED this 25th day of May, 2010. WITNESS my hand and official seal. CHRISTINA K. ALLRED NOTARY PUBU County of State of Lincoln Wyoming MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: L -1-3D` J3 NOTARY PUBLIC FORECLOSURE SALE LEISURE VALLEY, INC. /PIERSON MAY 25, 2010 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 3 OF 3 31,506.42 1,185.91 327.00 207.87 3,150.64 35.00 36,376.97. M. Ke 'n Voyle LUTHI VOYL S, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Leisure Valley, Inc. SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this 25th day of Randall B. Luthi M. Kevin Voyles Jack D. Edwards CERTIFIED MAIL NO. 7007 3020 0002 3459 2019 RETURN RECEIPT REQUESTED Damon A. Pierson 25537 Red Hawk Road Corona, California 92883 -3159 LUTHI VOYLES, LLC ATTORNEYS AT LAW 257 North Main P.O. Box 820 Thayne, Wyoming 83127 -0820 March 15, 2010 RE: Notice of Default on Mortgage Notice of Intent to Foreclose on Mortgage Lot 35, Stewart Country Club Estates Phase 2 Dear Mr. Pierson: Tel: 307.883.7887 Fax: 307.883.7889 Chris Allred Assistant This letter, on behalf of Leisure Valley, Inc., a Nevada Corporation, is notice, pursuant to Wyoming Statutes 34- 4- 103(iv), of default on your Promissory Note and Mortgage to that company, specifically the Mortgage for Lot 35, Stewart Country Club Estates Phase 2. The Mortgage was recorded in the Lincoln County, Wyoming land records in Book 623 at Page 199 on June 14, 2006. Leisure Valley, Inc. is exercising its remedy for default, provided in the Promissory Note and Mortgage, by declaring all sums due thereunder immediately due and payable. If you fail, with ten (10) days of the date of this letter, to pay the amount due on the Promissory Note and Mortgage, $25,600.09, plus delinquent annual assessments in the amount of $1,185.91, plus delinquent property taxes in the amount of $319.12, plus the costs that Leisure Valley, Inc. has incurred to collect on the debt (the cost of a Certified Foreclosure Report, $326.00, and attorney's fees, $500.00), Leisure Valley, Inc. will commence foreclosure on the property by publication of notice of sale of the property pursuant to the company's power to sell the property reserved in the Mortgage. If Leisure Valley, Inc. sells the property by notice and sale, you will remain liable to Leisure Valley, Inc. for all amounts that remain due and owing to the company under the Damon A. Pierson March 15, 2010 Page 2 of 2 Mortgage and for all expenses that the company incurs in completing the sale if such amounts exceed the sale proceeds. If you have any questions concerning this notice or Leisure Valley's intent to foreclose on your property, contact me at (307) 883 -7887. This letter is an attempt to collect a debt. Any information obtained may be used to collect that debt. Sincerely, LUTHI VOYLES, LLC A i t.....2... M. K vin Voyles 0 O 78 3 O -J w D 11.1 D D D D RI w Ln n f1.1 D O 07 N n a :D 0 m ti N m 0 0 0 n 0 C) �z ❑❑R N CD CD (O .'1• co O. N (D w, w 3 a 0 o Da -0 o co r« 3 3 m 7� 9.). cD acoowym 'ww 3 3 d co n y a w a- 0 a 0, v C m a o w N o a 6. O 0 0 3 o m o N 0.3 m CO ow cD •Z m aca 0. N N cm �ro /v 03 W 1 LJ LJ 1 J LJ Liu LJ LJ LJ J 1 L.,. ..t■ a Its 0 000679 t:7 n t•-) t...,, o 0 p 7:- -rl '17) 77 0 Po, CD -t cA 0 iv o 0) Z O H X H CO Pi 1) C .10 3 68 0 1 la -4 Z M ID CO C C '4 r 0 ...IwOr Cr' -i Pi 0 H 0 1 1 1-■ 1110 ti) 00 rti co z z 0 11> ri 1 ;a v O 0 M. Kevin Voyles Randall B. Luthi Of Counsel CERTIFIED MAIL NO. 7009 2820 0003 9445 9521 RETURN RECEIPT REQUESTED Damon A. Pierson 25537 Red Hawk Road Corona, California 92883 -3159 RE: Notice of Foreclosure Sale for May 25, 2010 Enclosure LUTHI VOYLES, LLC ATTORNEYS AT LAW 257 North Main P.O. Box 820 Thayne, Wyoming 83127 -0820 April 26, 2010 Dear Mr. Pierson: Enclosed pursuant to Wyoming Statutes 34- 4- 104(a) is a copy of the Notice o Foreclosure Sale for the foreclosure of your Mortgage on Lot 35, Stewart Creek Country Club Estates Phase 2, Lincoln County, Wyoming. The sale is scheduled for 10:00 a.m. on Tuesday, May 25, 2010 on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. Sincerely, LUTHI VOYLES, LLC M. I vin Voyles Tel: 307.883.7887 Fax: 307.883.7889 Chris Allred Assistant DATED this 26th of April, 2010. NOTICE OF FORECLOSURE SALE PUBLISH: April 29 and May 6, 13, and 20, 2010 0682 NOTICE IS HEREBY GIVEN pursuant to Wyoming Statutes 34 -4 -101 through 34- 4-113 that a foreclosure sale will be held at 10:00 a.m. on Tuesday, May 25, 2010, on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage from Damon A. Pierson, Mortgagor, to Leisure Valley, Inc., said Mortgage being that recorded in the Office of the Lincoln County Clerk on June 14, 2006 in Book 623 at Page 199 as Receiving No. 919303. The amount due on the Mortgage, $31,303.02, which includes amounts for accrued interest through April 26, 2010, with additional interest accruing at the rate of $7.0137233 per day, and collection costs to the date of the Notice, in the amount of $1,327.00. The total amount of principal and interest, plus the additional costs of the foreclosure sale and additional attorney's fees, are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in Star Valley Ranch, Wyoming, described as follows: Lot 35, Stewart Creek Country Club Estates Phase 2, Lincoln County, Wyoming. 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. Kevi Voyles LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Leisure Valley, Inc. w 000682 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 is of said newspaper, and not in any supplement thereof, for consecutive issues, commencing with the issue date 2010, and ending with issue dated 2010. Subscribed and sworn in before me this 2010. My commission expires August 31, 2013 closed other that w NOTICE OF FORECLOSU x ,SAI;E NOTICE IS' pur- merer, Wy 0 Th sale .will be foreclositg "on .a Mortgage from Daon A. Pierson' ":Mortgagor, to m Leisure Valley, Inc.; said fMortg age' being that<recorded in' the Office;of the Li County Clerk on June 14, 2006 in Boo`kti`623tat 199;' eceivin am o u nt' d on the Mortgage, $31,303.02, which includes for accrued interest through April 26, 20tQ, gscnth, additional interest i accruing at the rate of $7 0137233 Per day, and,. collection costs to the;date_of' the Notice in the amount. of $1,327.00. The total ;amount of principal and ,interest,- plu the additional costs of the foreclo sure sale and 'additional attor ,a. f 'additional fY n ney's fees,aare dyable °i full by Mortgagor to Mortgagee The ProPertr covere by the Mortgage is in Star Vall e Ranch, Wyoming,,; described as follows: Not Public day of Lot 35, Stewart Creek Country Club Estates Phase 2, Incoln Coun W yoming. R k The property being, fore pon may be subject to iens and encumbrances not be'`.extinguished at the sale;'and any pro pur- chaser should research°` the status of title before submitting a bid. DATEDAhir 26thsofApril, 2010. 1Vf''Reyin:Voyles Tl ayne, 8 0820 Tei 307) 883 -7887 F 883,7889' Attorney ,for Leisure blysh:.April 13, 010. .{ANNA BR IA.. N i NV.:) 1741::1Y puJBLir; '10' State et 4 c.1N+yorning County ot Lincoln :1O 684 sit 31, 2013