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HomeMy WebLinkAbout959074STATE OF WYOMING COUNTY OF LINCOLN RECEIVED 4/26/2011 at 11:40 AM RECEIVING 95907 BOOK: 765 PAGE: 890 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SS. CERTIFICATE OF SALE 000890 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 a default has occurred under the terms of that Assumption Agreement dated October 28, 1993 (the "Agreement recorded on November 29, 1993 in Book 341PR, beginning at page 347 as document no. 775165 in the Lincoln County Clerk's Office, Kemmerer, Wyoming. The Agreement was executed and delivered by Robert Torres and Patricia Torres, Husband and Wife, to Battlefield, Inc., a Wyoming Corporation. 4. The Agreement was secured by that Mortgage executed in favor of Battlefield, Inc., a Wyoming Corporation (the "Mortgagee dated August 27, 1992 and recorded on September 17, 1992 in book 316PR, page 50 as document no. 754518 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the "Mortgage 5. The Mortgage covers the following Real Property located in Lincoln County, Wyoming, to wit: LOTS TWENTY TWO (22) AND TWENTY THREE (23), UNIT B, COMISSARY RANCH SUBDNISION 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 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 January 27, February 3, 10 17, 2011 b. Notice of Postponement of Foreclosure Sale and First Amended Foreclosure Sale Notice March 17, 24, 31, 2011 c. Second Notice of Postponement of Foreclosure Sale April 14 21, 2011 000891 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 the publisher's affidavit of publication, signed by Michael Jensen, Publisher of the Kemmerer Gazette is 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, April 26, 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 e highest and best sum bid for said Real Property was the sum f "Bid Sum which was bid and offered by \e,, "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 I, OW 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 to expiration of three (3) months and thirty (30) days from and after April 26, 2011, the date of sale, unless the Real Property shall have been redeemed by law prior to that time. WITNESS my hand this c:2 day of April, 2011, Kemmerer, Wyoming. STATE OF WYOMING COUNTY OF LINCOLN SEAL SAVANNA L NAWKES NOTARY PUBLIC COUNTY OF LINCOLN ss. STATE OF WYOMING gives t C l Witness my hand and official seal. By: ;rr D,pu 000892 M. Shane Johnson Sheriff of Lincoln County, Wyoming Print Name: •-Jc' 1 r1 ?e th Zc C` Acknowledged be foie me by (�h n ol-xc Deputy Lincoln 2 County Sheriff this 0-H'■ day of April, 2011 NOTARY PUBLIC CERTIFICATE OF SALE 3 STATE OF WYOMING COUNTY OF LINCOLN AFFIDAVIT OF MAILING OF NOTICE OFINTENT TO FORECLOSE EXHIBIT A ss. 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 Assumption Agreement dated October 28,1993 (the "Agreement") recorded on November 29,1993 in Book 341PR, beginning at page 347 as document no. 775165 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the "Mortgage The Mortgage is being foreclosed because a default has occurred under the terms of that Assumption Agreement (the "Note"), executed and delivered by, Robert Torres and Patricia Torres (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 8638 Notice of Foreclosure Sale 7008 1830 0002 8954 8126 7008 1830 0002 8954 8669 Robert Torres 2035 Wyoming Drive Green River, Wyoming 82935 Notice of Intent to Foreclose 7008 1830 0002 8954 8645 Notice of Foreclosure Sale 7008 1830 0002 8954 8652 7008 1830 0002 8954 8089 Patricia Torres 2035 Wyoming Drive Green River, Wyoming 82935 DATED this 8th day of April, 2011. SEAL ack D. Edwards Acknowledged before me by Jack D. Edwards this 8th d ay o f April, 2011 Witness my hand and official seal. w KURT G. GARLAND Notary Public State of Wyoming County of Lincoln My Commission Expires October 16. 2013 000893 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming SECOND NOTICE OF POSTPONEMENT OF FORECLOSURE SALE WHEREAS, Gary and Cynthia Schultz and Carol Anderson (Schultz) executed and recorded a Mortgage in favor of Battlefield, Inc.. a Wyoming Corporation (Mortgagee) dated August 27, 1992 and recorded on' Sep- tember 17, 1992 in book 316PR, page 50 as document no. 754518 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the "Mortgage"). WHEREAS, Robert Torres anti Patricia Torres (Mortgagor) executed an Assumption Agreement dated October 28, 1993 (the "Agreement") recorded on November 29, 1993 in Book 34IPR, beginning at page 347 as document no. 775165 in the Lincoln County Clerk's Office, Kemmerer, Wyoming. By the terms of the ASSUMptiOn Agreement, Mortgagee agreed to assurne the obligations and liabilities of the Mortgage and Schultz' obligations to Mortgagee under a 'Promissory Note dated August 27, 1992, By the Agreement, the Agreement and the obligations therein were secured by the Modgage. Schultz, Mortgagee and Mortgagor were parties to and signed the A greettient. WHEREAS. written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession (if any) of the morteaged premises at least ten (10) days prior to the coinmencement of publication, NOW, THEREFORE, notice is hereby given pursuant to Wyo. Stat. Ann. 34-4-109 that the foreclosure sale scNeduled on February '22, 2011 and April 5, 2011 is hereby pOstponed Thesday, April 26, 2011 at 10:00 am Io occur on the steps of the Lincoln County Courthouse, 925 Sage Avenue Kemmerer, Wyoming. The properly being foreclosed is as follows: LOTS TWENTY TWO (22) AND `TWENTY THREE (23), UNIT '13, COMISSARY RANCH SUBDIVISION AS DESCRIBED ON THE OF- FICIAL PLAT THEREOF RECORDED IN THE LINCOLN COUNTY CLERK'S OFFICE, KEMME,RER. WYOMING. 'Together with all improvements thereon situate and all fixture 5 and appurtenances thereto, NOTICE: "The property being foreclosed upon may be subject to other liens and encumbrances that will not: bc extinguished at the sale and any prospective purchaser should research thc status of' title befbre submitting a bid." DNIED this 6th day of April, 20 Jack D. EdwarcLs, Attorney for Battlefield, Inc. EDWARDS LAW OFFICE, P.C. :Box 5345 Etna, 9/Yx3||x 3o7.m&3 PUBLIS I: April 14 21, 2011 0414A, AL Michael n OSEMARY CARMEN NOTARY PUBLIC County of Lincoln 0 by M ael Jensen, Pub ature Publisher I, Michael Jensen, do hereby, upon my oath, depose and say that 1 am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly riewspaper 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 consecutive issues/weeks; the first publication being on the 14 day of A~*J7 20 and lhe Iast publication being on the day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN .ZV and that said advertisement appeared in each and every nurnber of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this LT 1 day of Notary Sig ».o,znk by'1 bee 0,ll Gee torecIosectta to thehigk est e`con executed andk) oration Y to ber? Lincoln an, Assumpti Agreetlie ioided'on Novem ber documpa' no 775 65 in• Lnico yotnmg By the tezms of the ssum tor�assume m d� 9lilugatron to Mo g bh the(; Pub Pa per day interes was ton. am on'Tu Courthous; u tppne other liens y Aro s PUBi KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Carolderson.(Schultz) atttefreld, Inc„ a Wyoming: X99 and recorded on Sep l ocume n n o 7 i n the, Ty'omn t (the "M tgagor) executed 1e (the Ag r e e ment ginning, at'page 34 s Office Ke mm e r er, Or i Mortg agreed rge :and'.Schu lated u ligati °therein' M ortg a go r were owes of sate which'by mason vebecome operative,iand no Caw o recover the debt" secured as any such suit o proceedin oreclose the Mortgage by the record owner and,.the' mi seg^atleas tteia 10) days th amun due upn the ro rre e cl o ur t e t S ale ;N k 4 he °date,0 fwfirst i rate of $7.06, s and a a ccrurng Ot z ;,Notice'; de which s D epu t y at 10:00 s of ;the 'Lincoln Coun ,y ,,m wishes o. Stat. ortgage o be sold ted1bythe ay, A.prX� mmerer, ed bytthe on may be subject to the ,sale e dwards P.G. PO t01:,-5 a, WY83118 307:883.2222 :orney for'M.ortgagee 05;17J KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBUC County of Lincoln My Commission State of Wyoming Expires May 5, 2012 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 3 consecutive issues /weeks; the first publication being on the 1 day of `'tY1C01,CJ'11 20 t t and the last publication being on the day of `roctk'k 20_1A and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen Publisher Subscribed in my presence and sworn to before me on this 31 day of Lt'9 h J 1) A.D., 20 I C by Michael Jensen, Publi h PA aht P WA. Notary Sig re 000895 DATED this 6th day of April, 2011. PUBLISH: April 14 21, 2011 By: Jack D. Edwards, Attorney for Battlefield, Inc. EDWARDS LAW OFFICE, P.C. PO Box 5345 Etna, WY 83118 307.883.2222 000896 SECOND NOTICE OF POSTPONEMENT OF FORECLOSURE SALE WHEREAS, Gary and Cynthia Schultz and Carol Anderson (Schultz) executed and recorded a Mortgage in favor of Battlefield, Inc., a Wyoming Corporation (Mortgagee) dated August 27, 1992 and recorded on September 17, 1992 in book 316PR, page 50 as document no. 754518 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the "Mortgage WHEREAS, Robert Torres and Patricia Torres (Mortgagor) executed an Assumption Agreement dated October 28, 1993 (the "Agreement recorded on November 29, 1993 in Book 341PR, beginning at page 347 as document no. 775165 in the Lincoln County Clerk's Office, Kemmerer, Wyoming. By the terms of the Assumption Agreement, Mortgagee agreed to assume the obligations and liabilities of the Mortgage and Schultz' obligations to Mortgagee under a Promissory Note dated August 27, 1992. By the Agreement, the Agreement and the obligations therein were secured by the Mortgage. Schultz, Mortgagee and Mortgagor were parties to and signed the Agreement. WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession (if any) of the mortgaged premises at least ten (10) days prior to the commencement of publication, NOW, THEREFORE, notice is hereby given pursuant to Wyo. Stat. Ann. 34 -4 -109 that the foreclosure sale scheduled on February 22, 2011 and April 5, 2011 is hereby postponed to Tuesday, April 26, 2011 at 10:00 am to occur on the steps of the Lincoln County Courthouse, 925 Sage Avenue Kemmerer, Wyoming. The property being foreclosed is as follows: LOTS TWENTY TWO (22) AND TWENTY THREE (23), UNIT B, COMISSARY RANCH SUBDIVISION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED IN THE LINCOLN COUNTY CLERK'S OFFICE, KEMMERER, WYOMING. Together with all improvements thereon situate and all fixtures and appurtenances thereto. NOTICE: "The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid." STATE OF WYOMING COUNTY OF LINCOLN SEAL AFFIDAVIT OF ATTORNEY EXHIBIT C s s. Comes now, Jack D. Edwards of Edwards Law Office, P.C. who hereby states as follows: u t GARLAND Notary Public Mote of Wyoming County of tlncotn My Commission Expires October 16, 2013 DATED this 8th day of April, 2011. 000897 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 $000.00 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 $1,000.00, 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 $1000.00 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. Jack D. Edwards Acknowledged before me by Jack D. Edwards this 8th day of April, 2011 Witness my hand and official seal. DATED this 6th day of April, 2011. WRITTEN SUBMISSION OF BID 000898 COMES NOW, Battlefield, Inc. by and through its attorney, Jack D. Edwards of Edwards Law Office, P.C. who hereby bids the amount of $27,093.46 for the property indicated below. LOTS TWENTY TWO (22) AND TWENTY THREE (23), UNIT B, COMISSARY RANCH SUBDIVISION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED IN THE LINCOLN COUNTY CLERK'S OFFICE, KEMMERER, WYOMING. Together with all improvements thereon situate and all fixtures and appurtenances thereto. By: Jack D. Edwards, Attorney for Battlefield, Inc. EDWARDS LAW OFFICE, P.C. PO Box 5345 Etna, WY 83118 307.883.2222