HomeMy WebLinkAbout882378BOOK 9- 3 PR PAGE
RECEIVED
UNICCLNl 00UNITY CLERK
CERTIFICATE OF SALE AWWO~Til
GE FORECLOSURE
S f of lawful age, being first d6i j ii 4 pon "~~hl u
oath according to law, deposes and says:
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 June 6, 13, 20 27 and July .4, 2002; 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 Wh day of July, 2002, at the hour of 11:00 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 $ Iq n55, 0_-,Z5 , 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 One-Seventeen (117)
Spring Canyon Ranch Subdivision in the
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 September 14, 1995
made, executed and delivered by Creig Tilley, a single person, as Mortgagor, to Battlefield Inc, a
Wyoming 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 404, at Page 394; 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 $19,755.05, as follows:
Amount due on Principal
$13,845.97
Interest to Date of Sale
$ 4,891.40
Property Taxes (through July 1,2002)
$
74.08
Publication of Notice
$
153.60
Sheriffs Fee (est)
$
20.00
Recording Costs (est)
$
20.00
Attorney Foreclosure Fee and Costs
$
750.00
YC„s 7 ls
TOTAL
Amount Bid
Deficiency
898
$ 19,755.05
$ q i55 05
$
5. That before the allowance and addition to the sum of $750.00 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 JNR~-l V-L-b 1 V-~ . , being the purchaser of all the above described
lands and premises as afor said, said I t EL.b a I IJe± . , its successors and
assigns, will be entitled to a deed for'said lands and premises on and after the 91' day of
November, 2002, 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 herlhis name this 9 day of July, 2002
THE STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
ff of L' Co y, Wyoming
By:
Deputy Sheriff
The foregoing instrument was acknowledged before me by. .LAC',, Deputy
Sheriff of Lincoln County, Wyoming, this 9"' day of July, 2002.
WITNESS my hand and official seal
(SEAL)
Notary Public
My Commission Expires:
H0 NOCK{OTZ-NOTARY PUBLIC
F STATE OF
I•
T s^or Expires ~S
THE STATE OF WYOMING}
}ss
County of Lincoln }
899
PROOF OF PUBLICATION
Gib Mathers first duly sworn deposes and says that he is editor of the KEMMERER
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 day of'
20p.:~_and was published in each succeed' week until the rd day
OK 1 20 D being a period of successive weeks. That said
news per is, uublished weekly, on Thursday of each week.
Subscribed and sworn to before me, the day of 01- 206..q-.
Notary Public, Lincoln County, Wyo.
My commission expires on
the 1 lth day of May, 2003
NOTICE OF MORTGAGE FORECLOSURE SALE
WHEREAS, the power of sale in the following described Mortgage, duly
recorded as hereinafter specified, having become;operativc by the default in a
condition of such Mortgage by the Mortgagors, and no suit or proceeding
having been instituted to recover the debt thereby secured, or any part thereof,
Battlefield, Inc., a Wyoming Corporation, the Mortgagee therein, hereby states
and gives notice that:
1. The aforesaid Mortgage, dated September 14, 1995, was filed of record
in Book 404, Page 394, in the Office of the County Clerk and Ex-Officio
Register of Deeds of Lincoln County, Wyoming.
2. That written notice of intent to foreclose the aforesaid Mortgage by
advertisement and sale has been served upon Creig Tilley, record owner and
person in possession, by certified mail with return receipt, mailed to the last
known address of said record owners and persons in possession on the 6th day
of June, 2002.
3. The amount claimed to be due on said Mortgage as of the date hereof, for
principal and interest, is the sum of $18,737.37 together with all accruing
interest, advances, attorney fees, costs, fees and expenses of foreclosure.
4. The mortgaged premises are described as:
Lot One-Seventeen (117)
Spring Canyon Ranch Subdivision in the
County of Lincoln, State of Wyoming
5. That by virtue of the power of sale contained therein, said Mortgage will
be foreclosed by sale of the above-described mortgaged premises, or so much
thereof as may be necessary, at public venue by the Sheriff or Deputy Sheriff
of Lincoln County, Wyoming, at the front door of the County Courthouse in
Kemmerer, Lincoln County, Wyoming, at I I :00o'clock a.m. on July 9th, 2002
to satisfy the aforesaid amount, and accruing interest, costs, fees and expenses
of foreclosure. Mortgagees reserves the right to reject any and all bids.
DATED this 6th day of June, 2002.
/s/ ROBERT A. SPENCE _
Attorney for Mortgagee
June 13-20-27-July 4 0613H
Diana Lynn Mackinen Notary Public
County of
Lincoln I State of
Wyoming
My Commission Expires c5_11 Q
~ ~S'$14 3,* S EXHIBIT B
THE STATE OF WYOMING
COUNTY OF SWEETWATER
ss.
AFFIDAVIT OF ATTORNEY
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 Battlefield Inc, a Wyoming
Corporation, Mortgagee in the foreclosure of that certain mortgage dated September 14,
1995, wherein Creig Tilley, 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 404, Page 394.
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 $750.00 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.
ry
DATED this /D day of June, 2002
THE STATE OF WYOMING )
) ss.
COUNTY OF SWEETWATER ) '
ROBERT A. ENCE
The foregoing Affidavit was acknowledged before me by Robert A. Spence this
-*day of June, 2002.
WITNESS my hand and official seal.
(SEAL)
Notary
Public
My Commission Expires:
SHAWN D TARUFELLI NCOUNTY OF SWEETWATER MY COMMISSION E ES
EXHIBIT C
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 Battlefield, Inc., a Wyoming Corporation, Mortgagee
in its foreclosure of that certain mortgage dated September 14, 1995 wherein Creig
Tilley, a single person, whose last known mailing address is 5616 Naple, Apt. 256,
Chula Vista, CA 91911, 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 404, Page 394.
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 within ten (10) days prior to
commencement of the first publication of the notice of said foreclosure sale.
DATED this L day of June, 2002.
ROBERT A. SPENCE
THE STATE OF WYOMING )
) ss.
COUNTY OF SWEETWATER )
The foregoing Affidavit was acknowledged before me by Robert A. Spence
this day of June, 2002.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires: "lr ao~
SHAWN D TARUFELLI
COUNTY OF
SWEETWATER
MY COMMISSION EX ES
NOTARY PU
STATE OF