HomeMy WebLinkAbout957187CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
lcF Scy
oath according to law, deposes and says:
000826
of lawful age, being first duly sworn upon his
1. That s /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 Kemmerer Gazette, a
newspaper printed, published and of general circulation in the County of Lincoln, State of
Wyoming, the said publication having been made on November 11, November 18 November
26 and December 2, 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 requirements 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 7 day of December, 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 for sale the following described lands and premises as a
whole, and then sold said lands and premises as a whole for the sum of $110,064).% having bid
fairly and in good faith therefor, and being the highest and best bidder, for all of said lands and
premises, being particularly described as follows, to -wit:
Lot #71, Unit C -2 of the
Commissary Ranch Subdivision
County of Lincoln, State of 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 July 14, 2003,
made, executed and delivered by Andrew Hodge, as Mortgagor, to C.G.Bennett, a Texas
Corporation, 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 538, at Page(s) 693 -4; 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 16,332.83, as follows:
Principal and Interest due as of Nov. 1, 2010
Property Taxes (through Nov.15,2010)
Publication of Notice
Sheriffs Fee
Recording Costs (est)
Attorney Foreclosure Fee and Costs
16,089.81
526.70
153.60
10.00
10.00
1000.00
RECEIVED 12/16/2010 at 3:54 PM
RECEIVING 957187
BOOK: 758 PAGE: 826
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
TOTAL
Amount Bid
Deficiency
5. That before the allowance and addition to the sum of $1000.00 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 Robert A. Spence, Attorney at Law, an attorney admitted
generally to practice in the State of Wyoming and representing the Mortgagee, an affidavit duly
made and executed pursuant to the provisions of Section 34 -3 -112, W.S. 1977, an 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, affiant herein, by said Robert A. Spence, P.C., Attorney representing
Mortgagee, an affidavit of mailing of Notice of Intent to Foreclosure Mortgage by Advertisement
and Sale, said affidavit being duly made and executed pursuant to the provisions of Section
34 -4 -103, W.S., 1977, an executed true copy of which affidavit is attached hereto, marked
Exhibit "C and by this reference made a part hereof.
7. That said •G. aeit-V r, 1,1,1e.„ being the purchaser of all the above described
lands and premises as aforesaid, said G. &i p N tom,, its successors and
assigns, will be entitled to a deed for said lands and premises on and after the lon' day
of P PP L., 2011, 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.
IN WITNESS WHEREOF, s /he has hereunto signed her \his name this /6; day of
e 2010.
THE STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing instrument was acknowledge
Deputy Sheriff of Lincoln County, Wyoming, this
My Commission Expires:
Sheriff of Lincoln County, Wyoming
By:
Deputy S1"ier,
re me
day of
WITNESS my hand and official seal.
(SEAL)
Notary Public
000827
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
`1 FCEss O G O 'Q ECLOSURE SALE
REAS„ tote °ptwer,of sale rnathe following d escribed °Mortgage
duly
corded as hereinafter sp ecified, havirxg,become by the
defatut n a condition,.of such MortgageAy the Mortgagors, andtno suit or
caPcPPOiligf:44Y.41,4 b st tu debt thereby secured,.or
thereof, C G Bennett Tnc a Texas :Corporation; theMortgag
'in. hereby states a and:givesinoticetthat
�ea o esai Mortgage,, dated July 1,4, °2010 was filed of record in
3$,iPages 693 -4 io; the Office,o f the County Clerk andEx- Officio
of Deeds,of L Wyoming.
iatwntten intent ;to�foreclosethe:aforesaid Mortgage by
advertisement ,,and, sale has been served upon Andrew Hodge, record
d person iossession,.,by certified mail .with return. receipt,
o the. known addr H of Y said owners :and persons in
on onthe 8th day;of October, 010
3. The amount claimed to',be due on,said ortgageas,of the date
or,principalmandinterest, is the s ntof, $16,089:81. together with
mg: interestadvances fees.and „expensesof
e mortgage
�,tlk
mi gage,w
ses, or s
8tterif or s
of'the` Coun
10 o m. o Decembe,
and accruing interest costs fe es andre
ees reserve right, to reje any and
D A T ED this 28th day o C c tbber 2
ROBERT A. S ENCE c
Attorney fo ortgag
PtJBY: SH: NOS; 1'1, 18, 24,'FDI C. 2`, 2010
nbdiviston
'Vyoming
iced therein,„ said Mort
esopbed mortgaged pre-
he "venue by the
atthe.front door
my Wyoming, at
th aforesaid amount,
of
Mark Tesoro, General Manager
ROSEMARY CAPELLEN NOTARY PUBLIC
County of E State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Tesoro, Genera
Kemmerer, Wyoming
STATE OF WYOMING
)ss.
County of Lincoln
I, Mark Tesoro, 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 A consecutive issues /weeks;
the first publication being on the 11
L f6
and the la publication being on the 2
CAME-01)
day
day
of
of
Notary Sig
,20OC)
,200;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in my presence and sworn to
before me on this 2 day of
20 (r)
Manag
00082S
THE STATE OF WYOMING
ss.
COUNTY OF SWEETWATER
Robert A. Spence, of lawful age, being first duly sworn upon his oath according
to law, deposes and says:
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 C.G. Bennett, Inc, in the
foreclosure of that certain mortgage dated July 14, 2003, wherein Andrew Hodge, a
single person, is the Mortgagor, 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 538, Page 693 -4.
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 $1000.00 to 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.
THE STATE OF WYOMING
ss.
COUNTY OF SWEETWATER
(SEAL)
DATED this
WITNESS my hand and official seal.
AFFIDAVIT OF ATTORNEY
day of
NOTARY PUBLIC
IMARJEAN LEE
STATE OF WYOMING
COUNTY OF SWEET WATER
My Commission Expires October 19, 2011
4
000829
4L The fore oing Affidavit was acknowledged before me by Robert A. Spence this
2 day of UPS cz 2010.
Notary blic
My Commission Expires: a r-
THE STATE OF WYOMING
)ss.
COUNTY OF SWEETWATER
AFFIDAVIT OF NOTICE OF FORECLOSURE SALE
Robert A. Spence, of lawful age, being first duly sworn upon his oath according
to law, deposes and says:
1. That he is an attorney generally admitted to practice law within the State of
Wyoming; that he is the attorney for C.G. Bennett, Inc., Mortgagee in its foreclosure of
that certain mortgage dated July 14, 2003 wherein Andrew Hodge, whose last known
mailing address is 1207 E 4085 S. Holladay, UT, is the Mortgagor, 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 538, Pages 693-4.
2. That pursuant to W.S. §34- 4- 103(a)(iv), I served upon the parties herein by
certified mail return receipt, written notice of intent to foreclose the mortgage by
advertisement and sale. Said notice mailed ten (10) days prior to commencement of the
first publication of the notice of said foreclosure sale.
DATED this day of f� -6 2010.
I
ROBERT A. SPE 'C
THE STATE OF WYOMING
ss.
COUNTY OF SWEETWATER
GiF' I 13 1 1 JC-
00 i48.3 0
1- The foregoing Affidavit was acknowledged before me by Robert A. Spence this
R day of 0 e C e NAo e' 2010.
(SEAL)
WITNESS my hand and official seal.
NOTARY PUBLIC
MARJEAN LEE
STATE OF WYOMING
CQUNTY OF SWEET WATER
My Comntesstorrt fx2I41 October 14, 2019 Notary Pu
My Commission Expires: C' \R_3_6