HomeMy WebLinkAbout959219SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE
THIS SHERIFF'S CERTIFICATE OF SALE, made by Micah Rigby
Deputy Sheriff of Lincoln County, State of Wyoming, to EMC Mortgage Company, as purchaser at
foreclosure sale.
Default having been made in the conditions of that certain Mortgage dated the 28t day of
July, 2003, as periodically renewed, given by Fred S. Beatty III and Brenday K. Beatty, as husband
and wife, to Wells Fargo Home Mortgage, Inc., then assigned to EMC Mortgage Company, to secure
the payment of one certian promissory Note of even date therewith, which mortgage embraced the
following real property, to wit: 606 Emerald Street, Kemmerer, Wyoming, 83101 and more fully
described as:
Lot 2 of Block 40 of the First Addition to the Town of Kemmerer, Lincoln County,
Wyoming as described on the official plat filed as Map No. 186 of the records of the
Lincoln County Clerk..
A default having occurred under the terms of the Mortgage and the entire balance then
declared due and payable by the Mortgagee or its assignee and the election made to foreclose
pursuant to W.S. 34 -4 -101, et. Seq., notice of sale was duly advertised and given pursuant to a copy
of the legal publication attached hereto and the sale was then held at the date and place provided and
the property was sold to EMC Mortgage Company the highest and best bid of $54,294.21, plus
outstanding attorney fees and costs of $1,768.80, for a total bid of $56,063.01.
By virtue of the sale and purchaser's payment, under the authority of law, I hereby give and
grant this Sheriff's Certificate of Sale to EMC Mortgage Company, as purchaser, who will be
entitled to a Sheriff's Deed for the property at the expiration of the period of redemption unless the
property is redeemed prior to that date as provided by law. Upon the expiration of the period of
redemption, being four months from the date of this sale, a Sheriff's Deed will be executed
conveying the property to the purchaser or its assignee as the holder of this Sheriff's Certificate of
Sale.
IN WITNESS WHEREOF, I set my hand this 10th day of May
STATE OF WYOMING
COUNTY OF LINCOLN
`Jenny Clarke Notaryubhc
County of State of
Lincoln yN 't ri Wyoming
My Commission Expires
)SS.
WITNESSETH
Subscribed and sworn to before me by Micah Rigby
this 10th day of May 2011.
My Commission Expires: q _;2.8/-
1
000471
2011.
Deputy Sheriff Micah Rigby
Lincoln County, Wyoming
Deputy Sheriff, Lincoln County
NAIL likej
N I TA Y PUBLI
RECEIVED 5/10/2011 at 10:37 AM
RECEIVING 959219
BOOK: 766 PAGE: 471
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
COUNTY OF LARAMIE
says:
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
Timothy C. Kingston of lawful age, being first duly sworn upon his oath, deposes and
1. That he is an attorney admitted generally to practice law in the State of Wyoming and
is the owner of the law firm Law Office of Tim Kingston LLC, who is the attorney representing
the Mortgagee in a procedure to foreclose a certain real estate mortgage dated July 28, 2003 (the
"Mortgage and recorded on July 29, 2003 in Book Number 528PR, Page 584. Then assigned
to EMC Mortgage Company which was recorded on September 11, 2007 in Rec #933020, Book
Number 671, Page 820 in the Mortgage Records in Lincoln County, State of Wyoming wherein
Fred S. Beatty III and Brenda K. Beatty "Mortgagors the named mortgagors, and Wells
Fargo Home Mortgage, Inc., then assigned to EMC Mortgage Corporation is the named
mortgagee.
All in the records of the County Clerk in and for Lincoln County, Wyoming; by
advertisement and sale as provided under the provision of Wyo. Stat. 34 -4 -101, et seq. (2003).
The Mortgage was foreclosed by reason of default having occurred under the terms of the note
secured thereby.
2. That written notice of intent to foreclose the Mortgage by advertisement and sale has
been served upon the record owner and the person in possession by certified mail, return receipt
requested, mailed to the last known address of the record owner and the person in possession at
least ten (10) days before commencement of the first publication of the notice of the foreclosure
sale as follows, and that a copy of the published Foreclose Sale Notice was mailed, certified
mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice
was publishes, as follows:
CERTIFIED MAIL No. 70082810000119171305
Fred S. Beatty III and Brenda K. Beatty
606 Emerald Street
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose the Mortgage was March
31, 2011 and the date of the first publication of the notice of foreclosure sale was April 7, 2011.
FURTHER AFFIANT SAYETH NAUGHT.
Subscribed in my presence and sworn to before me by Timothy C. Kingston this day
of 2011.
Witness my hand and official seal.
LA;
RY P'UBUC
SPATE OF
WYOMING
I ;x/31/7_011
My Commission Expires: 72/'
6 3/ 2011
By Timothy C. Kingston
Law Office of Tim Kingston LLC
408 West 23r Street, Suite 1
Cheyenne, WY 82001
(307) 638 8885
ary Public
000472
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
COUNTY OF LINCOLN )ss.
NOTICE. ,OF FORECLOSURE
Default having occurred on a Mortgage dated July 28, 2003 given
by Fred Beatty-111 and Brenda K. Beatty, Husband and Wife, to Wells
Fargo .Home 'Inc The assigned to ,EMC Mortgage Company
on September 11. 2007, `to secure the payment of a promissory note in
the amount of $44,03200, of even date therewith, which Mortgage en
cumbered the following described real property located at 606 Emerald
Street, Kemmerer, WY 83101 and more fully described as:
Lot 2 of Block 40 of the First Addition to the Town of Kemmerer,
,Lincoln County, Wyoming as described on the official plat filed as Map
No. 186 of the` records of the Lincoln County Clerk.
Which Mortgage was duly recorded on July 29 2003, Book 528PR,
Page 584, of the records of Lincoln County, Wyoming. Assignment of
Mortgage to EMC Mortgage Corporation was "duly recorded on September
11,, under Rec, #`93 %3020, Book,# 671, Page# 820, of the records of
Lincoln County, Wyoming.
WHEREAS the default in said Mortgage occurred by reason of the
failure of the or�assignees to pay theprincipal and,the interest
due "ther'e'on when the same became Aue and payable and said Mortgage
contained a power of sale to the effect that a default occurring in the
conditions thereof will authorize the Mortgagee or its assigns at its or
their option to declare the debt secured thereby to be'due and payable
according to law to advertise and sell said property to satisfy same; and
WHEREAS; no suit or proceeding has been instituted at law to recover
the debt 'remaining secured by said Mortgage or any part thereof;
WHEREAS, 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.
NOW THEREFORE, notice is hereby given that the above- described
real property will be offered for sale and sold by the Sheriff of Lincoln
County, Wyoming or his Deputy, to the highest and best' bidder` for cash,
at public vendue, at the hour of 10:00 o =clock am, on thel0" day of May,
2011, that the amount due and owing as of the date of this notice isPIF1'Y
EIGHT' THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS
and 38/100 °($58,627.38)'unpaid principal, late fees and un- paid taxes,
plus interest,to date oftlesale from,January 1, 2010 plus attorney=s fees
and costs of the foreclosure action; said sale to take place at the front
door of the Lincoln County Courthouse Building, Kemmerer, Wyoming.
DATED this 31 day of March, 2011.
EMC Mortgage Corporation
c/o Law Office of Tim;Kingston;LLC.
408 W. 23rd Street
Cheyenne;. WY, 8200
(307) 638-8885
PUBLTSRli'Ai ri17, f14, 21, 28c 2011 0407C
��..a
Notary Sig
000473
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
day of 01- PA-t.-e..- 20 01
and the last publication being on the Z
day of _h 20_;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
en, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of f'; State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this 25 day of
ft A
.by- MLEla -el Jensen, Pub
STATE OF WYOMING
SS
COUNTY OF LARAMIE
Timothy C. Kingston, of lawful age, being first duly sworn upon his oath, deposes and
says:
1. That he is a resident attorney admitted generally to practice law in the State of
Wyoming and is a partner of the law firm Law Office of Tim Kingston LLC, who is the attorney
representing the Mortgagee in a procedure to foreclose a certain real estate mortgage.
2. That Law Office of Tim Kingston LLC as attorney for the Mortgagee, will charge
the Mortgagee fees totaling $1,768.80 as compensation for services actually rendered in the
foreclosure proceeding.
3. That the above mentioned fee for services rendered and incurred in connection with
the foreclosure sale shall be retained entirely by the law firm of Law Office of Tim Kingston
LLC. There is no agreement, express or implied, between such attorney's and their client, nor
between such attorneys and any other person not a practicing attorney of the State of Wyoming
engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of
said fee to be added to the debt involved, and said fee when so added to the debt involved shall
only be as compensation for services actually rendered in the foreclosure proceeding by an
attorney admitted to practice in the State of Wyoming and residing therein.
JOHN M ,i
COUNTY 01"
LARAMIE
MY COMMISSI i
Attorney Fees (Foreclosure) 750.00
Title Commitment 430.00
Postage 30.00
Publication Costs 358.80
Conduct Sale 150.00
Recording Costs 30.00
Sheriffs Fees 20.00
Total 1,768.80
FURTHER AFFIANT SAYETH NAUGHT.
Subscribed in my presence and sworn to before me by Timothy C. Kingston this `l
day of 2011.
Witness my hand and official seal.
0 Y i't13LIO
STATE OF
WYOMING
.XPir'ES 8/31/2011
My Commission Expires: g
AFFIDAVIT OF ATTORNEY
By: Timothy C. Kin :Ion
Law Office of Tim Kingston LLC
408 West 23r Street, Suite 1
Cheyenne, WY 82001
(307) 638 -8885
000474