HomeMy WebLinkAbout873682,5 e6
STATE OF WYOMING
CERTIF !~AYT€ QR SALE
993 d? k.-;'
SS.
COUNTY OF LINCOLN
Lee Gardner, of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated April 3, 1998, executed and delivered by William
A. Howell and Colleen M. Howell to First Security Bank, N.A. and (b) that certain
mortgage dated April 3, 1998 (the "Mortgage"), securing said note, which
Mortgage was executed and delivered by mortgagors, named William A. Howell
and Colleen M. Howell, husband and wife, to mortgagee, named First Security
Bank, N.A., and was recorded on April 7, 1998, in Book 410 PR at Page 61, in
the records of the office of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, State of Wyoming, and which Mortgage covers that
certain real property described below, as follows, to-wit:
Lot 7 of the Lancaster Subdivision, Unit No. 1, Lincoln
County, Wyoming as described on the official plat
thereof with an address of 45 Happy Valley Road
Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That the Mortgage, together with the note secured thereby,
were assigned for value by First Security Bank, N.A. to Mortgage Electronic
Registration Systems, Inc. as Nominee for Wells Fargo Home Mortgage, Inc.
("Mortgagee") by that certain assignment of mortgage dated January 31, 2001,
and recorded on February 20, 2001, in Book 459 PR at Page 684, in the records
of the office of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, State of Wyoming.
4. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
5. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Mortgage Electronic Registration
Systems, Inc. as Nominee for Wells Fargo Home Mortgage, Inc. elected to
foreclose the same and at the request and direction of Mortgage Electronic
Registration Systems, Inc. as Nominee for Wells Fargo Home Mortgage, Inc., a
written notice of the intention to foreclose the Mortgage was served upon the
record owner and the party in possession of said real property at least ten (10)
days prior to commencement of the first publication of the foreclosure sale notice,
as shown by the affidavit attached hereto as Exhibit A and by this reference
made a part hereof.
6. That Mortgage Electronic Registration Systems, Inc. as
Nominee for Wells Fargo Home Mortgage, Inc.has caused publication to be
made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper
published and having general circulation in Lincoln County, State of Wyoming,
Certificate of Sale
Howell 21309-356[01-04-1391]
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once a week for four (4) consecutive weeks, commencing with the May 10, 2001
issue of said newspaper and ending with the May 31, 2001 issue thereof; that
said notice did comply in all respects with the requirements of the statutes
relating to foreclosures of mortgages by advertisement and sale; and that a copy
of said notice and the publisher's affidavit of publication thereof are attached
hereto as Exhibit B and by this reference made a part hereof.
7. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On June 1, 2001, at 10:00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to
sell the above-described real property at public auction in accordance with the
notice of foreclosure sale by then and there calling for bids on said real property;
and that the highest and best sum bid for said real property was the sum of
$83,013.83, which was bid and offered by Mortgage Electronic Registration
Systems, Inc. as Nominee for Wells Fargo Home Mortgage Inc and that after
soliciting and calling for other and higher bids therefor, and receiving none from
those attending upon the sale, said real property was struck off and sold by the
undersigned to the said Mortgage Electronic Registration Systems Inc as
Nominee for Wells Fargo Home Mortgage Inc., for the sum of $83,013.83; and
that the sum bid was thereupon paid and the sale of said real property was then
and there completed as by law provided.
8. That the sum of $600.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgage Electronic Registration Systems, Inc. as
Nominee for Wells Fargo Home Mortgage, Inc., as compensation for services
actually rendered in the foreclosure proceeding, said attorneys having made an
affidavit as required by the statutes of the State of Wyoming, a copy of said
affidavit being attached hereto as Exhibit C, and by this reference made a part
hereof.
9. That the sale of the above-described real property was made
in full compliance with the provisions of the Mortgage thereby foreclosed and was
in all respects conducted in conformity with the requirements of the Wyoming
Statutes.
10. That said Mortgage Electronic Registration Systems Inc as
Nominee for Wells Fargo Home Mortgage, Inc. shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after June 1, 2001, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
ist day of June , 2001.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
By: t,~=) ~ ,
Print Name: William J. Thek
Title: Dewy Sheriff
Certificate of Sale
Howell 21309-356 [01-04-13911
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~ r ~
087 S2 M
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by William J. Thek ,
Deputy Sheriff of Lincoln County, State of Wyoming, this 1st day of
June , 2001.
Witness my hand and official seal.
to ho lp
.0 -4001601 0
Heidi 13eachler - Notary Public
County of State of
Lincoln wyo ' g ,
My Commission Expires N tary PukS'c
My Commission Expires:
3 q k
Certificate of Sale
Howell 21309-356 [01-04-1391]
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4! )s
EXHIBIT A
~f64
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
) SS.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Brown, Drew & Massey,
LLP, who are the attorneys representing the mortgagee of record, Mortgage
Electronic Registration Systems, Inc. as Nominee for Wells Fargo Home
Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage dated
April 3, 1998 (the "Mortgage"), and recorded on April 7, 1998, in Book 410 PR at
Page 61 in the records of the office of the County Clerk and ex-officio Register of
Deeds in and for Lincoln County, State of Wyoming, wherein William A. Howell
and Colleen M. Howell, husband and wife, are the named mortgagors, and First
Security Bank, N.A. is the named mortgagee, which mortgage was assigned for
value by First Security Bank, N.A. to Mortgage Electronic Registration Systems,
Inc. as Nominee for Wells Fargo Home Mortgage, Inc. by an assignment of
mortgage dated January 31, 2001 and recorded in the records of the office of the
County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming, on February 20, 2001, in Book 459 PR at Page 684 by advertisement
and sale as provided under the provisions of Wyo. Stat. 34-4-101, et seq.
(1999). The Mortgage was foreclosed by reason of default having occurred
under the terms of the note secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows:
CERTIFIED MAIL NO. 7000 1670 0002 0571 1458
William A. Howell
45 Happy Valley Road
Afton, WY 83110
CERTIFIED MAIL NO. 7000 1670 0002 0571 1519
William A. Howell
45 Happy Valley Lane
Afton, WY 83110
CERTIFIED MAIL NO. 7000 1670 0002 0571 1526
Colleen M. Howell
45 Happy Valley Lane
Afton, WY 83110
CERTIFIED MAIL NO. 7000 1670 0002 0571 1489
Colleen M. Howell
45 Happy Valley Road
Afton, WY 83110
CERTIFIED MAIL NO. 7000 1670 0002 0571 1502
Occupant
45 Happy Valley Road
Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 24, 2001, and the date of the first publication of the notice
of foreclosure sale was May 10, 2001.
Certificate of Sale
Howell 21309-356 [01-04-1391]
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r
e 44 l?n•~a c0'
FURTHER AFFIANT SAYETH NAUGHT.
Subscribed in y presence and sworn to before me by P. Jaye
Rippley this day of t , 2001.
Witness my hand and official seal.
CINDY BAKERM NOTARY PUBLIC
County of State of
Natrona Wyoming My commission Expires Sept. 16, 2002 Notary Public i(
{ P; aye RiRp
of B wn,~ rew & Massey, L6
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
9^~6J
My Commission Expires:
Certificate of Sale
Howell 21309-356 [01-04-1391]
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE Si'ATN 0V WYOMING,
ss.
County of Lincoln
r 4d,4_finst drily sworn
&depos and says that----- X¢- _ is
. ....of '1 le MEM)Vil'sRER
GAZETTE, a newspaper of
general circulation, published at
Kemmerer, Lincoln County, in
the State of Wyoming.
That the notice, a true copy of
which is hereto attached, was
published on the../04..... day
of c101Y. and
was published in each succeed-
ing week until the .--1"t- day
of /c7--------------> ~iw/--
being a period of 4...............
successive Nveeks. That said
newspaper is published xvee:.ly,
on Thursd oC each eve
Subscribed and Qworn to be-
fore me, the-9/„c-t'.--day of
..--...?ri ' - ° U
Notary ublic, [.into! Co., Wyo.
My commission expires the
...day oOU m .a1~• .
BETTY•M. LEGARRA - NOTARY PUBLIC
County of State of
Lincolri 0 Wyoming
My Commission Expires 2002
Copy of Notice
r
~i1 6 E.i
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has occurred under the,
terms of a promissory note (the "Note") dated April 3, 1998, executed and delivered
by William A. Howell and Colleen M. Howell, to First Security Bank, N.A., and a real
estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage
was executed and delivered by Mortgagors, named William A. Howell and Colleen M.
Howell, husband and wife, to Mortgagee, named First Security Bank, N.A., and which
Mortgage was recorded on Apri 171 1998, in Book 410 PR at Page 61 in the records of
the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming; and
WHEREAS; the Mortgage was assigned for value by First Security Bank, N.A. to
Mortgage Electronic Registration Systems, inc. as Nominee for Wells Fargo Home
Mortgage, inc. by an instrument of assignment of mortgage signed and acknowledged
on January 31, 2001, and recorded on February 20, 2001, in Book 459 PR at Page 684
in the records of the office of the County Clerk and ex-officio Register of Deeds in and
for Lincoln County, State of Wyoming; and
WHEREAS, the Mortgage contains a powerof sale which by reason of said default,
the owner of the Note and the Mortgage declares to have become operative, and no suit
or proceeding has been instituted at law to recover the debt secured by the Mortgage,
or any part thereof, nor has any such suit or proceeding been instituted and the same
discontinued; and
WHEREAS, written notice of intent to foreclose the Mortgage by advertisement
and sale has been served upon the record owner and the party in possession of the
mortgaged premises at least ten (10) days prior to the commencement of this
publication, and the amount due upon the Mortgage on the date of first publication of
this notice of sale being the total sum of $81,109.80, which sum consists of the unpaid
principal balance of $77,878.71. plus interest accrued to the date of the first publication
of this notice in the amount of $2,475.06, plus late charges in the amount of $81.87, plus
an escrow advance in the amount of $16.76, plus other outstanding charges in the
amount of $657.40, plus attorneys' fees, costs expended, and accruing interest and late
charges after the date of first publication of this notice of sale;
NOW, THEREFORE Mortgage Electronic. Registration Systems, Inc. as Nominee
for Wells Fargo Home Mortgage, Inc. as the owner of the Note and the Mortgage, will
have the Mortgage foreclosed as by law provided by causing the mortgaged property
to be sold at public vendue by the Sheriff or Deputy Sheriff in and for Lincoln County,
Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on June 1,
2001, at the front door of the Lincoln County Courthouse in Kemmerer, Lincoln
County, Wyoming, I,or application on the above-described amounts secured by the
Mortgage, said mortgaged property being described as follows, to-wit:
Lot 7 of the Lancaster Subdivision, Unit 1, Lincoln County, Wyoming as described
on the official plat thereof with an address of 45 Happy Valley Road Afton, WY 83110
Together with all improvements thereon situate and all fixtures and appurtenances
thereto.
Mortgage Electronic Registration Systems, Inc.
as Nominee for Wells Fargo Home Mortgage, Inc.
By: P. Jaye Rippley
Brown; Drew & Massey, LLP
159 North Wolcott Street, Suite 200,
Casper, Wyoming 82601
May 10-17-24-31 0510C
Certificate of Sale
Howell 21309-356 t01-04-1391]
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EXHIBIT C
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF ATTORNEY
) SS.
6 ''7
P. Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Brown, Drew & Massey,
LLP, who are the attorneys representing the mortgagee of record, Mortgage
Electronic Registration Systems, Inc. as Nominee for Wells Fargo Home
Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage dated
April 3, 1998 (the "Mortgage"), and recorded on April 7, 1998, in Book 410 PR at
Page 61 in the records of the office of the County Clerk and ex-officio Register of
Deeds in and for Lincoln County, State of Wyoming, wherein William A. Howell
and Colleen M. Howell, husband and wife, are the named mortgagors, and First
Security Bank, N.A. is the named mortgagee, which mortgage was assigned for
value by First Security Bank, N.A. to Mortgage Electronic Registration Systems,
Inc. as Nominee for Wells Fargo Home Mortgage, Inc. by an assignment of
mortgage dated January 31, 2001 and recorded in the records of the office of the
County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming, on February 20, 2001, in Book 459 PR at Page 684 by advertisement
and sale as provided under the provisions of Wyo. Stat. 34-4-101, et seq.
(1999). The Mortgage was foreclosed by reason of default having occurred
under the terms of the note secured thereby.
2. That Brown, Drew & Massey, LLP, as attorneys for said
Mortgage Electronic Registration Systems, Inc. as Nominee for Wells Fargo
Home Mortgage, Inc., will charge said Mortgage Electronic Registration Systems,
Inc. as Nominee for Wells Fargo Home Mortgage, Inc. fees totaling $600.00 as
compensation for services actually rendered in the foreclosure proceeding.
3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
Certificate of Sale
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168
FURTHER AFFIANT SAYETH NAUGHT. ,
By:
P. Jay Rippley
of Brown, Drew & Mass , LLP_
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
* Subscribed i y presence and sworn to before me by P. Jaye Rippley
this day of , 2001.
Witness my hand and official seal.
CINDY BAKER - NOTARY PUBLIC
C atronaf CIO WySta of
otmng `
My Commission Expires Sept. 16, 2002 1-- e'i--.-'
Notary Public
My Commission Expires:
Ti,
Certificate of Sale
Howell 21309-356 [01-04-1391]
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