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HomeMy WebLinkAbout9561326011019143 SHERIFF'S CERTIFICATE OF PURCHASE AT FORECLOSURE SALE THIS CERTIFICATE made on the date below written, by the Sheriff of Lincoln County, State of Wyoming, to Wells Fargo Bank, N.A. of 1870 N.W. Walker Road #92 Beaverton OR 97006. WITNESSETH: WHEREAS, a Mortgage was executed by Jaclyn Lutz, a single woman on August 24, 2006, to The Jackson State Bank Trust, n /k/a Welts Fargo Bank, N.A. Mortgagee, for the following described real property: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A, also known as Lot 129 Aster Loop, Alpine, WY 83128, which Mortgage was on August 28, 2006, duly recorded at Book 631, Page 678, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Jaclyn Lutz, a single woman. WHEREAS, a delinquency in payments occurred, pursuant to provisions of said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale contained in said Mortgage to be operative; that pursuant to the provisions of Wyoming Statutes, 1977, §34 -4 -101 through §34 -4 -113, I do hereby certify that the property foreclosed is situated in Lincoln County, Wyoming, and more particularly described above, and was duly advertised in the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming for four (4) consecutive weeks, to wit: July 8, 15, 22, 29, 2010. The original sale date was postponed with publication of the postponement being made as follows: Aug. 5, 12, 19, 26, Sept. 2, 2010; and Sept. 16, 23, 30, Oct. 7, 2010, as is more fully shown by the Affidavits of Publication attached hereto; and THAT said property was sold in one parcel at public venue in accordance with the Notice of Foreclosure Sale at the date and time set forth, to wit: October 12, 2010, at 10:00 a.m. Said sale was made by me, and the above described property was sold to Welts Far o Bank N.A. of 1870 N.W. Walker Road #92 Beaverton OR 97006 in the sum of s yy and THAT by virtue of the sale and purchase, the payment of money as described above by the Purchaser, and the authority vested in me thereby and by law, I hereby give and grant this, my Certificate of Sale, to Wells Faro Bank N.A. of 1870 N.W. Walker Road #92 Beaverton OR 97006 and do hereby certify that the Purchaser, or the Purchaser's assignee, will be entitled to a Sheriff s Deed at the expiration of 3 months and thirty (30) days from the date of this sale, unless the same shall have been redeemed prior to that date as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand this day of October 12 Uth 2010. RECEIVED 10/22/2010 at 9:17 AM RECEIVING 956132 BOOK: 755 PAGE: 776 JEANNE WAGNER INCOLN COUNTY CLERK, KEMMERER, WY SHERIFF OF LINCOLN COUNTY STATE OF WYOMING By: Micah Rigby Deputy 000776 My Commission expires: STATE OF WYOMING COUNTY OF LINCOLN On this d of October personally appeared nl iC executed the foregoing instrument and a free act and deed for the purposes therein set forth. 2010, before me to me personally known, who owledged that he executed the same as his Signature of Notarial Officer rs u") Title and Rank SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING Y.Gron issi 000777 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING NOTICE OF FORECLOSURE SALE Default having been made in the conditions of that certain Mortgage deed dated August 24, 2006, given by Jaclyn Lutz, a single woman, to The Jackson State Bank Trust, n/k /a Wells Fargo Bank, N.A., to secure the payment of one certain Promissory Note of even date therewith, which Mortgage embraced the following real property to -wit: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A, also known as Lot 129 Aster Loop, Alpine, WY 83128, which mortgage was on August 28, 2006, duly recorded at Book 631, Page 678, in the Office of the County Clerk and Ex- Officio Register of Deeds of Lincoln County, Wyoming. The current record owner of the property is Jaclyn Lutz, a single woman. That the note is in default; and WHEREAS, the, default in said Mortgage has occurred by reason of the failure of the Mortgagor or assignees to pay the principal and the interest due thereon when the same became due and payable and said Mortgage contained a power of sale to the effect that a default occurring in the conditions thereof will authorize the Mortgagee or its assigns at its or their option to declare the debt secured thereby to be due and payable and proceed according to law to advertise and sell said property to satisfy the same; and WHEREAS, no suit or proceeding has been instituted at law to re- cover the debt remaining secured by said Mortgage, or any part thereof, or if instituted such action has been discontinued; and Wells Fargo Bank, N.A., of 1870 N.W. Walker Road #92, Beaverton, OR 97006, is the owner of said Note and Mortgage; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and party in possession more than ten days prior to the first date of publication of this notice; NOW THEREFORE, Notice is hereby given that the above described real property will be offered for sale and sold by the Sheriff of Lincoln County, Wyoming, or his Deputy, to the highest bidder for cash at public vendue at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming, at the hour of 10:00 am., on August 3, 2010. However, pursu- ant to W.S. 1- 18- 101'(a)(iii), such sale shall not be held unless a repre- sentative of the Mortgagee is present. There is due and owing as of the first date of publication, the sum of $59,948.72. Publication will be July 8,15.22, 29, 2010. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. Wells Fargo Bank, N.A., Mortgagee c/o Patton and Davison Attorneys at Law P.O. Box 945 Cheyenne, Wyoming 82003 0708B PUBLISH: July 8, 15, 22, 29, 2010 I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 1 consecutive issues /weeks; the first publication being on the day of tA`/ 20 l C) and the and the last publication being on the 0.9 day of uk V KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 1 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 000778 Michael Jens iublisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires Ma Subscribed in my presence and sworn to before me on this day of KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEMENT OF FORECLOSURE SALE Notice is hereby given pursuant to Wyoming Statute §34 -4 -109 that Wells Fargo Bank, N.A.; of 1870 N.W. Walker Road #92, Beaverton, OR 97006, as Mortgagee, hereby postpones that certain mortgage foreclo- sure sale that was to be held August 3, 2010, at 10:00 a.m., regarding certain property Mortgaged by Jaclyn Lutz, a single woman, described as: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A, also known as Lot 129 Aster Loop, Alpine, WY 83128. The currentrecord owner of the property is Jaclyn Lutz, a single woman. THEREFORE, take notice that said mortgage foreclosure is hereby re- scheduled for September 7, 2010, at 10 :00 a.m. at the front door of the Lincoln, County Courthouse, Kemmerer, Wyoming. The sale shall not be held unless the Mortgagee's representative is present. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. Wells Fargo Bank, N.A., Mortgagee c/o Patton and Davison Attorneys at. Law P.O. Box 945 Cheyenne, Wyoming 82003 0805E. Publish: Aug. 5, 12, 19, 26, Sept.' 2, 2010 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 5 consecutive issues /weeks; the first publication being on on the 5 day of (ILL(' 20 V) and the last publication being on the day of tpital .0,k and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to bef. e me on this n day of Notary Michael 1 000779 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEMENT OF FORECLOSURE SALE Notice is hereby given pursuant to Wyoming Statute §34 -4 -109 that Welts Fargo Bank, N.A.; of 1870 N.W. Walker Road #92, Beaverton, OR 97006, as Mortgagee, hereby postpones that certain mortgage foreclo- sure sale that was to be held September 7, 2010, at 10:00 a.m., regarding certain property Mortgaged by Jaclyn Lutz, a single woman, described as: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A, also known as Lot 129 Aster Loop, Alpine, WY 83128. The current record owner of the property is Jaclyn Lutz, a single woman. THEREFORE, take notice that said mortgage foreclosure is hereby re- scheduled for October 12, 2010, at 10:00 a.m. at the front door of the Lincoln County, Courthouse, Kemmerer, Wyoming. The sale shall not be held unless the Mortgagee's representative is present. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. Wells Fargo Bank, N.A., Mortgagee c/o Patton and Davison Attorneys at Law P.O. Box 945 Cheyenne, Wyoming 82003 0916 Publish: Sept. 16, 23, 30, Oct. 7, 2010 I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general c irculation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 4 consecutive issues /weeks; t he first publication being on the i ra 60) 20 1 and the last publication being on the 1- day of day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING 20 f(') â–ºura Michael Je 1, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC County Ni; State of Lincoks Wyoming Commission Expires May 5, 2012 Subscribed in my presence and sworn to e on this day of Notary Signa t) 00 NOTICE OF INTENT TO FORECLOSE MORTGAGE TO: Record Owners: Jaclyn Lutz P.O. Box 12693 Jackson, WY 83002 Jaclyn Lutz 322 Airport Dr. 4 Alpine, WY 83128 Jaclyn Lutz Lot 129 Aster Loop Alpine, WY 83128 Parties in Possession: Jaclyn Lutz P.O. Box 12693 Jackson, WY 83002 Jaclyn Lutz 322 Airport Dr. 4 Alpine, WY 83128 000 781 Jaclyn Lutz Lot 129 Aster Loop Alpine, WY 83128 TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular Wyoming Statutes §34 -4 -103, you are hereby notified that Wells Fargo Bank, N.A., of 1870 N.W. Walker Road #92, Beaverton, OR 97006, Mortgagee, intends to foreclose by advertisement and sale that certain mortgage given and executed by Jaclyn Lutz, a single woman to secure a Mortgage Note given and executed by Jaclyn Lutz, a single woman to The Jackson State Bank Trust, n /k /a Wells Fargo Bank, N.A. The mortgage was executed on August 24, 2006, and was recorded on August 28, 2006, at Book 631, Page 678, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Jaclyn Lutz, a single woman. There is due and owing as of the date of first publication the sum of $59,948.72. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the note and mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. THIS NOTICE is sent to you as the record owner and or the person in possession of the mortgaged premises described as follows: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A, by certified mail, with return receipt requested, mailed to your last known address ten (10) days before the commencement of the publication of the Notice of Sale. In compliance with the Fair Debt Collection Practices Act, 15 USCS 1692, we provide you with the following notice and information. N.A.; (1) The amount of the debt as of the first date of publication is $59,948.72; 000752 (2) The name of the creditor to whom the debt is owed is Wells Fargo Bank, (3) Unless you, the consumer, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the :debt to be valid; (4) If you, the consumer, notify us in writing within the thirty -day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment against you, if applicable, and a copy of such verification or judgment will be mailed to you by our firm; and (5) Upon your written request within the thirty -day period, we will provide you, the consumer, with the name and address of the original creditor, if different from the current creditor. Your attention is called to the Servicemember Civil Relief Act of 2003 and amendments thereto which contain inhibitions against the sale of the land under a mortgage if the vestee is entitled to the benefits of the Act. THE DATE of first publication of The Notice of Foreclosure Sale, and the subsequent publication dates are July 8, 15, 22, 29, 2010. Sale of the premises will be conducted by the Sheriff of Lincoln County, Wyoming on August 3, 2010, at 10:00 a.m., at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming. Dated June 23, 2010 By: Welts Fargo Bank, N.A. John C. atton of Patton Davison P.O. Box 945 Cheyenne, Wyoming 82003 (307) 635 -4111 Attorneys for Mortgagee ATTORNEY'S FEE AFFIDAVIT STATE OF WYOMING ss. COUNTY OF LARAMIE I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law and I am a resident of the State of Wyoming. 2. That this Affidavit is being filed pursuant to the provisions of §34 -4 -112, Wyoming Statutes, 1977, and has been filed with the Sheriff below named. 3. That on October 12, 2010, the Sheriff has scheduled a Mortgage to be foreclosed in Lincoln County, Wyoming and that the mortgaged premises will be sold by the Sheriff of Lincoln County at 10:00 a.m. on said date. 4. That there is no agreement, express or implied, between himself and my client, Wells Fargo Bank, N.A., of 1870 N.W. Walker Road #92, Beaverton, OR 97006, nor between myself and any other person for any sharing or division of the $1,100.00 fee which was charged for this foreclosure except with partners of Patton Davison or other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a fee through foreclosure network agreements. 5. That the mortgage referred to was given by Jaclyn Lutz, a single woman, to The Jackson State Bank Trust, n/k/a Wells Fargo Bank, N.A., Mortgagee, for the following described real property: Lot 129 of Alpine Meadows Subdivision, Lincoln County, Wyoming according to that plat filed August 23, 2005 in the Office of the Lincoln County Clerk as Plat No. 206 -A which mortgage was recorded on August 28, 2006, at Book 631, Page 678, in the Office of the County Clerk and Ex -Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Jaclyn Lutz, a single woman FURTHER AFFIANT SAYETH NAUGHT. DATED September 7, 2010. STATE OF WYOMING COUNTY OF LARAMIE My Commission expires: PAMELA SPORTS NOTARY PIR3UG CO STATE OCOUNTY OF a !Aiwa WYOMING My Commisslon Expires Se ember 22, 2011 of Patton Davison The foregoing instrument was subscribed and sworn to before me by JOHN C. PATTON on September 7, 2010. Signature of Notarial fficer Notary Public Title and Rank 00i)783 STATE OF WYOMING ss. COUNTY OF LARAMIE I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law, and I am a resident of the State of Wyoming. 2. That I caused a Notice of Intent to Foreclose Mortgage by advertisement and sale to be sent to: Record Owners: Parties in Possession: Jaclyn Lutz P.O. Box 12693 Jackson, WY 83002 Jaclyn Lutz 322 Airport Dr. 4 Alpine, WY 83128 Jaclyn Lutz Lot 129 Aster Loop Alpine, WY 83128 Junior Lienholders: None of Record by Certified Mail with Return Receipt Requested, on June 23, 2010, at least ten (10) days before the commencement of publication of the Notice of Sale. FURTHER AFFIANT SAYETH NAUGHT. DATED June 23, 2010. STATE OF WYOMING COUNTY OF LARAMIE The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on June 23, 2010. (Seal) AFFIDAVIT OF MAILING Jaclyn Lutz P.O. Box 12693 Jackson, WY 83002 Jaclyn Lutz 322 Airport Dr. 4 Alpine, WY 83128 Jaclyn Lutz Lot 129 Aster Loop Alpine, WY 83128 Jo tton of Patton Davison Signature of Notarial Notary Public Title and Rank My Commission expires: fficer 000784