HomeMy WebLinkAbout956311CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
&f± 11404,
age, being first duly sworn upon his oath according to law, deposes and says:
Amount due on Principal 159,182.`18
Interest to Date of Sale 13,371.21
Page 1 of 3
000022
of lawful
1. That he is now, and was at all times herein mentioned a duly appointed
qualified and acting Deputy Sheriff of Lincoln County, Wyoming.
2. That the Mortgagee caused a notice of the following described mortgage
foreclosure sale to be published once a week for four consecutive weeks, in the Star
Valley Independent, a newspaper printed, published and of general circulation in the
County of Lincoln, State of Wyoming, the said publication having been made on
September 30, 2010, October 7, 2010, October 14, 2010, and October 21, 2010; that said
Notice of Mortgage Foreclosure Sale was given in the manner and for the time required
by law; that all acts had and done hereunder were in accordance with and conformity to
the requirement of law in such case made and provided; and that Proof of Publication of
said Notice of Mortgage Foreclosure Sale, together with a true copy of said Notice, is
attached hereto, marked Exhibit "A and by this reference made a part hereof.
3. That on the 26th day of October, 2010, at the hour of 10:00 o'clock a.m. at the
front door of the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer,
Wyoming, the same being also the place of holding Court in said County, and at public
venue, to the highest bidder for cash, he offered the sale the following described lands
and premises as a whole, and then sold said lands and premises as a whole for the sum of
$176,125.63, having bid fairly and in good faith therefore, and being the highest and best
bidder, for all of said lands and premises; being particularly described as follows, to -wit:
Lots 5 and 6 of Fertile Acres, Lincoln County, Wyoming as described
on the official plat filed on October 27, 1981, as Instrument number
567608 of the records of the Lincoln County Clerk, Wyoming.
4. That said lands and premises were sold pursuant to the above provisions of
the Notice of Mortgage Foreclosure Sale hereinabove described, and under and by virtue
of the power of sale and authority contained in that certain mortgage deed, dated
February 6, 2007, made, executed and delivered by Jeff Jensen and Laura Faye Jensen,
as Mortgagors, to The Bank of Star Valley, as Mortgagee, which mortgage deed was filed
for record in the Office of the County Clerk and Ex- Officio Register of Deeds within and
for Lincoln County, Wyoming, in Book 650 at Page 463; and that the debt secured by
said mortgage deed at the time of said sale, including principal, interest, advances, fees,
costs and expenses of foreclosure was the actual sum of $176,125.63, as follows:
RECEIVED 10/26/2010 at 10:26 AM
RECEIVING 956311
BOOK: 756 PAGE: 22
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Property Taxes
Appraisal Fees
Publication of Notice
Sheriff's Fee
Recording Costs
Attorney Foreclosure Fees and Costs
TOTAL
Amount Bid
Deficiency
5. That before the allowance and addition to the sum of $172,553.59 to the
aforesaid mortgage debt as attorney fees and costs, there was duly filed with the
aforesaid Sheriff of Lincoln County, Wyoming affiant herein, by John D. Bowers of
Bowers Law Firm, PC, Attorney at Law, an attorney admitted generally to practice in
the State of Wyoming and representing the Mortgagee, and affidavit duly made and
executed pursuant to the provisions of Section 34 -3 -112, W.S. 2009, and executed true
copy of which Affidavit is attached hereto, marked Exhibit "B and by this reference
made a part hereof.
6. That prior to the aforesaid sale of the within described lands and premises,
there was also duly filed with said Sheriff, afffiant herein, by said John D. Bowers,
Attorney representing Mortgagee, and affidavit of mailing of Notice of Intent to
Foreclosure Mortgage by Advertisement and Sale, and affidavit being duly made and
executed pursuant to the provisions of Section 34 -4 -103, W.S. 2009, an executed true
copy of which affidavit is attached hereto, marked Exhibit "B and by this reference
made a part hereof.
7. That said a,,r k. Pit j% L V bid the highest bid
amount of �7 ?S. 3. and as such is the purchaser of the herein described
property.
8. That said 136.".k( 1ha ll being tile pu chaser of
all the above described lands and premises as aforesaid, said k 5 o ll /y
its successors and assigns, will be entitled to a deed for said lands and premises on and
after the 25th day of February, 2010, said date being after the expiration of three (3)
months plus thirty (30) days from the date of sale, unless the same shall be redeemed
prior to that date as provided by law.
Page 2 of 3
c'0u02.3
648.00
300.00
555.00
10.00
22.00
2,036.04
176,125.6R
VI169 6,_
IN WITNESS WHEREOF, he /she has hereunto signed his name this a(0 th day
of October, 2010.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
My commission expires: `i /11
By:
Page 3 of 3
A ot.4e (44/ 5a4
Sheriff of Lincoln County, Wyoming
The foregoing instrument was acknowledged to before me by:
(061 day of October, 2010.
WITNESS my hand and official seal.
NOTARY PUBLIC
Ji Commission Expires
SAVANNA L. HAW ES NOTARY PUBLIC
COUNTY OF
LINCOLN
STATE OF
WYOMING
000024
on the
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 _±e3 6A. y4 consecutive issues,
commencing with the issue d a C� 2010, and
ending with issue dated
Subscribed and sworn in before me this
2010.
My commission expires August 31, 2013
FORECLOSURE
SALE NOTICE
WHEREAS, default in the "pay
meet of principal and interest
has occurred under
the terms of a promissory note
(the "Note") dated February 6,
2007 executed:and
delivered, by Jeff Jensen and
Laura Faye Jensen
"Mortgagor(s) to The. Bank
of Star
Valley, and a real estate mort-
gage (the "Mortgage of the
same'.date securing the Note;
which Mortgage was executed
and delivered by said
Mortgagor(s), to said
Mortgagee,
and which Mortgage was record:
ed on March 7, 2007 as docu-
ment number 927415 in
Book 650 at Page, 463 in the
records offi of' the
County Clerk. and ex ofl`eio'-
Register of Deed in and for
Lincoln County, ,:State of
Wyoming; and
WHEREAS; the Mortgage con-
tains a :power of sale' which by
reason of said
default, 'the Mortgagee "declares
to` have become operative, and
no suit or proceeding has
been instituted at law' to recover
the debt secured .by -tile
Mortgage, or any part thereof;
nor has 'any such suit or pro- T:
ceeding been instituted' and tl e
same` discontinued;, and
WHEREAS,' written. notice of
intent to foreclose the Mortgage
I Ybyadvertisexnentu r
Not
Public
day of
I. 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 'c oin-
mencement of this
publication, and the amount
I due upon the Mortgage on the
date of first publication of
this notice of sale being the total
1 sum of $174,012,70 which sum
I consists of the unpaid
principal balance of $159;182.38
plus interest accrued to date of
the first publication of
this .notice in the amount.: of,-
$14,830.32; with interest accru-
ing at the rate of:$91 58 per
day, plus attorneys' fees, costs:;
expended, and accruing interest,.
and late charges after: the
date of first publication of this:`
notice of sale,
WHEREAS, the property bein
foreclosed upon may be subject
to other liens and_
encumbrances that will not be`
extinguished at ,the sale. Any
prospective purchaser
should '.research the status' 'o
title before submitting a bid
NOW THEREFORE, T Bank.:?
of Star Valley,- Mortgagee, will
have the Mortgage;
foreclosed as byaaw provided by:
causing the mortgaged .property
i to be sold at public
venue by the Sheriff or Deputy
Y p ty
Sheriff in and for Lincoln
County, Wyoming to the
highest bidder for' cash at 10:09-`.-
o'clock in the forenoon on
My Commission
000025
JANA BRYANT NOTARY P UB I:
County of
S f
Lincoln
August 31. 2013
October 26, 2010;; a the ,front
door of the Lincoln;- County
Courthouse located, at925: Sage,'
Avenue Kemnierer,.Lincoln
County, Wyoming for: applica-
tion on the above descrubed
amounts secured by the
Mortgage; said mortgaged prop
erty being described as follows,.
to- wit:.
Lots 5 and 6 of Fertile Acres;
Lincoln County,; Wyoming as
described on the official plat
filed on October .1981, as
Instrument nuinb'er 567608 of
the records of the LincoIr
County
Clerk, Wyoming.
This communication and publi
cation is an attempt t0' collect. a
i debt. Any
I information obtained will be
used for that purpose..
DATED September 24, 2010
BANK OF 'STAR:' VALLEY;;
Mortgagee
By: JOHN D. BOWERS o
Bowers haw Firm,: PC
Attorney for Mortgagee
P O. Box 1550 Afton, WY 83110
Inquires may also be directed to
JOHN D. BOWERS; Bowers Law.
Firm PC,.685 S.
Washington Street, P O;'. Box
1550 Afton, WY 83110 :.(307)
885 -1000
Publish Sept. 30, Oct. 7, Oct 14,
8e Oct. 21, 2010.
AFFIDAVIT OF ATTORNEY
REGARDING SERVICE TO MORTGAGOR ANI) ATTORNEY FEES
0sx0
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
Attorney Affidavit
Page 1 of 2
JOHN D. BOWERS, of lawful age, being first duly sworn upon his oath according
to law, deposes and states:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is the attorney for, and is representing The Bank of Star Valley,
Mortgagee in its foreclosure of that certain mortgage dated February 6, 2007, wherein
Jeff Jensen and Laura Faye Jensen are the Mortgagors, and said Mortgage having been
filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within
and for Lincoln County, Wyoming in Book 65o Page 463 on March 7, 2007.
2. That there is not, nor has there been any agreement, expressed or implied,
between him and his client, or between him and any other person except practicing
attorneys in the State of Wyoming engaged with him as attorneys in said foreclosure
proceedings, for any sharing or division of his attorney's fee of $2,036.04to be allowed
and added to the debt involved, and any fee, when so allowed and added to the debt, is
only as compensation for services actually rendered in said foreclosure proceeding.
3. That on September 8, 2010 a letter was sent to Jeff Jensen and Laura Faye
Jensen via certified mail, return receipt requested, receipt number 7008 0150 0001
2003 2276, at the address of 89168 tJS Highway 89, Afton, WY 8311o. The letter
notified the mortgagors of the past due balance and the mortgagee's intent to proceed
with foreclosure proceedings by advertisement and sale if the past due balance was not
paid.
4. That on September 14, 2olothe letter was received by Jean Jensen, daughter
of the Mortgagors as evidenced by her signature on the return receipt.
DATED this day of October, 2010.
THE STATE OF WYOMING
COUNTY OF LINCOLN
Thl foregoing Affidavit was acknowledged before me by JOHN D. BOWERS
this ay of October, 2010.
ss
WITNESS my hand and official seal.
My Commission Expires: 3- 5 6208
Attorney Affidavit
Page 2 of 2
N D. BOWERS
ttorney at Law
Notary Public
000027
tC
Count» ,a, s. State of
tr���•
Wyoming
M ust 5, 2013