Loading...
HomeMy WebLinkAbout958205STATE OF WYOMING COUNTY OF LINCOLN SS. Certificate of Sale RECEIVED 2/22/2011 at 10:09 AM RECEIVING 958205 BOOK: 762 PAGE: 757 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY M. SHANE JOHNSON, 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 of Lincoln County, Wyoming. 2. In his capacity as Sheriff of Lincoln County, Wyoming he is authorized by Wyoming Statute to make this Certificate of Sale. 3. That default in the payment of principal and interest has occurred under the terms of the Non Negotiable Promissory Note dated June 9, 1996 (the "Note executed and delivered by R. Carson Redd and Connie J. Redd (Mortgagor) to Battlefield, Inc., a Wyoming Corporation (Mortgagee). 4. The Note was secured by that real estate mortgage (Mortgage) of the June 9, 1996 securing the Note, which Mortgage was executed and delivered by said Mortgagor to said Mortgagee and said Mortgage was recorded on November 20, 1997 in Book 404 PR at Page 391 as Instrument No. 846874 in the Lincoln County Clerk's Office, 925 Sage Avenue, Suite 101, Kemmerer, Wyoming 83101. 5. The Mortgage covers the following Real Property located in Lincoln County, Wyoming, to wit: LOT EIGHTY -EIGHT (88), SPRING CANYON RANCH SUBDIVISION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED IN THE LINCOLN COUNTY CLERK'S OFFICE, KEMMERER, WYOMING. (the "Real Property Together with all improvements thereon situate and all fixtures and appurtenances thereto. 6. That the Power of Sale contained in the Mortgage having been made operative by reason of such default, the Mortgagee elected to foreclose the same and at the request and direction of the Mortgagee a written Notice of Intent 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 Notice of Foreclosure Sale, as indicated by the affidavit attached hereto as Exhibit A and incorporated by this reference. CERTIFICATE OF SALE 1 000757 b. Notice of Postponement of Foreclosure Sale 2 and First Revised Foreclosure Sale Notice January 27, February 3, 10 17, 2011. CO(75S 7. That the Mortgagee has caused publication of the Notice of Foreclosure Sale in the Kemmerer, Gazette, a news paper of general publication and circulation in Lincoln County, Wyoming, once a week for at least four (4) consecutive weeks as follows: a. Foreclosure Sale Notice December 16, 23 30, 2010 and January 6, 2011; and 8. Said Foreclosure Sale Notice was mailed by Certified Mail, Return receipt Requested, to all parties as required by Wyoming Statute as shown by the attached Exhibit A and that said notices as mailed and published did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale. 9. That a copy of the Foreclosure Sale Notice and Notice of Postponement of Foreclosure Sale 2 and First Revised Foreclosure Sale Notice and the publisher's affidavits of publication, signed by Michael Jensen, Publisher of the Kemmerer Gazette are attached hereto as Exhibit B and incorporated y this reference. 10. That on the date, time and place specified in the Foreclosure Sale Notice, to -wit: On Tuesday, February 22, 2011 at 10:00 a.m. at the front door of the Lincoln County Courthouse in the town of Kemmerer, Lincoln County, Wyoming, the undersigned did sell the above described Real Property at public auction in accordance with the Foreclosure Sale Notice 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 $8,946.50 "Bid Sum which was bid and offered by Battlefield, Inc. "Successful Bidder and that after solicitng and calling for other higher bids therefor, and receiving none from those attending said sale, the Real Property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and the Bid Sum was thereupon paid and the sale of said Real Property was then and there completed by law as provided. 11. That the sum of $4,541.43 is to be paid to Edwards Law Office, P.C., the attorney for the Mortgagee as compensation for fees for services actually rendered and costs actually paid in the foreclosure proceeding. Said attorney has made an affidavit conforming to Wyoming statute indicating the same. The Affidavit of Attorney is attached hereto as Exhibit C and incorporated y this reference. 12. That the sale of the above described Real Property was made in full compliance with the Mortgage and was conducted in conformity with Wyoming Statute in all respects. CERTIFICATE OF SALE 2 13. That said Successful Bidder shall be entitled to a deed to the above described Real Property at and upon the expiration of three (3) months and thirty (30) days from and after February 22, 2011, the date of sale, unless the Real Property shall have been redeemed by law prior to that time. WITNESS my hand this 2 M day of February, 2011, Kemmerer, Wyoming. STATE OF WYOMING COUNTY OF LINCOLN Acknowledged before me by 01 hen C6.0krm Deputy Lincoln County Sheriff this 22vc i day of February, 2011 Witness my hand and official seal. SEAL (fi SAVANNA L. NAWKES NOTARY Pale COUNTY OF LINCOLN ss. kOres STATE OF WYOMING M. Shane Johnson Sheriff of Lincoln County, Wyoming Print Name NOTARY PUBLIC CERTIFICATE OF SALE 3 OO &P59 AFFIDAVIT OF MAILING OF NOTICE OF INTENT TO FORECLOSE AND FORECLOSURE SALE NOTICE STATE OF WYOMING ss. COUNTY OF LINCOLN Comes now, Jack D. Edwards of Edwards Law Office, P.C. who hereby states as follows: 1. That he is a attorney in good standing licensed to practice law in the State of Wyoming and is a member of Edwards Law Office, P.C. who represents Battlefield, Inc., a Wyoming corporation "Mortgagee and is in the process of foreclosing, by advertisement and sale, that Mortgage executed in favor of (the Mortgagee and recorded November 20, 1997 in Book 404 PR at Page 391 as Instrument No. 846874 in the Lincoln County Clerk's Office, 925 Sage Avenue, Suite 101, Kemmerer, Wyoming 83101 (the "Mortgage The Mortgage is being foreclosed because a default has occurred under the terms of that Non Negotiable Promissory Note dated June 9, 1996 (the "Note executed and delivered by R. Carson Redd and Connie J. Redd (Mortgagor) to Battlefield, Inc., a Wyoming Corporation. 2. That Notice of Intent to Foreclose the Mortgage and Notice of Foreclosure Sale was served upon the record owner and the party in possession of said real property (if different) at least ten (10) days prior to commencement of the first publication of the Notice of Foreclosure Sale by certified mail, return receipt requested as follows: Notice of Intent to Foreclose 7008 1830 0002 8954 7969 Foreclosure Sale Notice 70081830 0002 8954 8034 Notice of Postponement and First revised Foreclosure Sale Notice 7008 1830 0002 8954 8683 R. Carson Redd PO Box 161 Cora, Wyoming 82925 Notice of Intent to Foreclose 7008 1830 0002 8954 7976 Foreclosure Sale Notice 7008 1830 0002 8954 8058 Notice of Postponement and Foreclosure Sale Notice 7008 1830 0002 8954 8676 Connie J. Redd PO Box 161 Cora, Wyoming 82925 Foreclosure Sale Notice 7008 1830 0002 8954 8041 Internal Revenue Service 600 Seventeenth Street Mail Stop 5020 Denver, Colorado 80202 -2490 Attention: Technical Services Group Manager EXHIBIT A 1 00(e7%°0 3. That the date of the mailing of the Notice of Intent to Foreclose was October 20, 2010 and the First Day of Publication of the Foreclosure Sale Notice was December 16, 2010. DATED this 2 day of February, 2011. Witness my hand and official seal. SEAL SAVANNA L. NAWKE S NOTARY PUBLIC COUNTY Of ru c�� t STATE OF `�'_!t� WYOMING LINCOLN SA .F?/ f My Cornmission Expires (t 1 EXHIBIT A 2 NOTARY PUBLIC Jack D. Edwards, 6 -38 EDWARDS LAW OFFICE, P.C. Etna, WY 83118 -5345 Attorney for Mortgagee Acknowledged before me by Jack D. Edwards this 2_2 Y\cl day of February, 2011 0007€1. FORECLOSURE SALE NO t S, default in the aylne t d eip i�e:te:' �►s o o -Ne o"%_ t b e' `7? �a w ecu iar ted red e� Redd (Mo ga gor) f.. o gage,.bY'- n{ar and the east ten (10) x am ount, due Foreclosure 4�zted to,th tat. gage o'�sbe an close acc ording to law sold to t o higt est,bidder gat by� L1a bin Count She riff January '11 „2011 on, the steps of K Wyong, `fort app s secured Eby rthe, Mortgage,,sai eRk £Q. mit tin KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBVIS�Ii: ®ecember i6, 23;& 30, 201 e�rest has oc- ote dated r son'Redd ming'Corpo- e) 0of the; same elrvered by oorded,on> x874' 10'1, er of sale which by rea ares t have become operative, ecover'the debt �Uchsiiit..or; Ise, in amounts escr�bed ?as 4 32222 oxt v1 460' EXHIBIT 8-• 1 I, Mike Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 �9 consecutive issues /weeks; the first publication being on the I �o day of Q CS WI t'1I11) 20 10 and the last publication being on the (.0 day of f(411/1601- iQ- 20 i a and that said and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Nota Michael Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this to day of J 1WJL A.D., 20 11 _i $0, g nature °O 7 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING STPONEIVIENT,, URE SALE, 2 A FIRST REVISED FOR ECLOSURE SALE NOTIC WEE EAOS, default in theV and: intere h oc- curr under tl e.`term,s;' of rthe,Non- Negotiable, Promissory Note dated J une 9, 1996 the "Note executed and delivered by R; Ca>sor) R ed d and Conine J Oae Redd (Mortgagor) to Battlefield Inc a Wyo C ration( o rt g a g ee) a real e g age .�(Mortgage). of the rsame date securingthe Note, which Mortgage Was executed,and delivered by said;Mor'tgagor ,to, said,' Mortgagee and ;saidzMortgage was r ecordd on November 20,.,1 997 in.Book 4 m :PR a Pag 3 91 a Ins No 846874 in the,,;� L i nco ln C ou nt y i. Cl er ks` :Office,,925 age Su 10 Kemmerer, Wyoming WHEREAS, said Mortga ge.conta'ined,a power of sale which by rea son of, said d f the Mortgagee declares "to have become operative', :41 cid ito ;shit 'orspro h fibeen „in a t la w t reco ve r' the: debt secured by the Mortgage, or any part .thereof, nor has. any s uch s uitor proceeding'be n the same d WHEREAS no in tent to forec oa e thegM ort g agerby advertisement. °di sale °has beefy served up th e r e c oYd owr er�an`d,.th party in possession;(if, any) of the mo premises l eastFten (10) days priorito :the commeneementyof this t tbi i c a tiQn and amo un t due upon =the.Motgag on th e .datg irst,publicatron of +this NOO TICK OF POSTPONEMENT F FOR SALE AND FJRS 11 FORECL SALE NOTICE is the to tal sum of $4,37 i interest accrued to the date, of first t ubl cati of this interest accruing.a't the daily rate of $1.08 pe day theteafter, ,plus,� attorney s fees, costs expended,' taxes and;late chre after the firtst,date of publication of th Not WHERE the Mo rtgage e, pur suant t W S §.34 4 1'©9 d a postponement o the foreclosures o rrgin a ll o yschedu to beconducted by the Lin County Sherif *Or hls D puty at 10: )0 a on T uesday, January 1.1,,,,294.0i the steps. o f, the l�iiicolna county m C i n IKemme and th e Mortgagee sub postp the sale _to occur 1d00�am on iesday Februar 1� 2 NO T IE OR „the 1V1oI tg age e ere decl that f suite sale m thi mater sh alf be end rs,po shall by the Linc oln C ounty Sheriff Qr ins Deputy at 0 00 m Februa y 2 2 2 o n t rte Sage,A,yenue�, e mmerer,Vy� b The prone r;;tty ,covered by card Mortgagors' LT EIGHT BIGHT (88), SPRING VISION AS,DESCRIBED ON T11E, OPF'1 CORDED IN TT-IE' LINCOLN' RE 'c TO all improvements thereon situate and PUBLISH: fo>ieclo- e condpcted ort Tuesday, Ouse, 925 UBDL FRE- +ICE, xtures a nd appurtenances thereto. Th e property b eing foreclosed u pon maybe subject to other L be xtrnguished at t s and a i e status of title,bef submit WI D Edwar )FFICE P.C O B, ox 53.45 W Y 83118 88 ortgagee 0,127F or uary and.February 3, 10 17, 2.011 Attorney'f RECEIVED FEB 8 EDWARDS LAW r, .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 4 consecutive issues/weeks.; the first publication being on the L' day of a W'N 20i and the last publication being on the _1_7 day of ,tivw t'.CI and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J Publisher 20 ROSEMARY CAPELLEN NOTARY PUBLIC County of is State of Lincoln C;' Wyoming My Commission E Aires May 5, 2012 Subscribed in my presence and sworn to before me on this I •"1. .•"1. day of lf Notary Si EXHIBIT 0007C3 AFFIDAVIT OF ATTORNEY STATE OF WYOMING ss. COUNTY OF LINCOLN 0 007C4 Comes now, Jack D. Edwards of Edwards Law Office, P.C. who hereby states as follows: 1. That I am an attorney in good standing licensed to practice law in the State of Wyoming and am the principal of Edwards Law Office, P.C., the law firm representing the Mortgagee in a proceeding to foreclose, by advertisement and sale, a certain real estate Mortgage. 2. That Edwards Law Office, P.C., as attorneys for the Mortgagee, will charge attorney's fees in the amount of $3,291.65 and legal assistant's fees in the amount of $76.00 as compensation for services actually rendered in the foreclosure proceeding. 3. That Edwards Law Office, P.C. has (or will) accumulate costs in the amount of $1,173.78, to foreclose the Mortgage. Said costs include, but are not limited to, copy fees, Publication fees, Sheriff's fees, Title Insurance Fees and Mailing costs. 4. That the total amount of fees and costs in the amount of $4,541.43 are for fees and services actually rendered and incurred in connection with the foreclosure sale and shall be retained entirely by Edwards Law Office, P.C. There is no agreement, express or implied, between Edwards Law Office, P.C. or its attorney, Jack D. Edwards, and their client Battlefield, Inc. nor between said attorney and any other person not a Wyoming Attorney engaged with him as an attorney for this proceeding, for any sharing or division of fees to be added to the debt involved. Said fees and costs are for services actually rendered in this proceeding by a Wyoming Attorney who resides therein. DATED this day of February, 2011. Jack D. Edwards, 6 -3877 EDWARDS LAW OFFICE, P.C. Etna, WY 83118 -5345 Attorney for Mortgagee Acknowledged before me by Jack D. Edwards this 22R cl day of February, 2011 Witness my hand and official seal. SEAL SAVANNA L NUTARY PUBLIC LiNCOLN STATE OF COUNTY OF 1.%I p J' WYOMING My COmmisswn Ex,u 1 es_ (7 —'7/ EXHIBIT C NOTARY PUBLIC