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
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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