HomeMy WebLinkAbout959497CORRECTIVE CERTIFICATE OF SALE ON
1 l ORTGAGE FORE CLOSURE
v 000469
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of lawful
I���� age, being first duly sworn upon
his/her oath according to law, deposes and says:
1. That he /she 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 Star Valley
Independent, a newspaper printed, published, and of general circulation in the County of
Lincoln, State of Wyoming, the said publication having been made on December 23 and 30,
2010, and January 6 and 13, 2011, 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 25 day of January 2011, 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 the District Court in said County, and at
public venue, to the highest bidder for cash, he /she offered for sale the following- described land
and premises, first as separate c is thiei}s a whole, and then sold said lands and premises as a
whole for the sum of /ci Q to 1 Bank, Alpine, having bid fairly
and in good faith therefore, and being the highest and best bidder, for all of said lands and
premises, being particularly described as follows, to -wit:
Lot 12, 13, 14 of Clearview Village II according to the plat recorded May 9,
2008, Document No. 938880, in the Office of the Clerk, Lincoln County,
Wyoming;
Together with all improvements thereon, and easements, appurtenances and
incidents belonging or appertaining thereto, or used in connection therewith,
subject, however, to all mining, mineral and other exceptions, reservations,
covenants, conditions, and rights of way record.
4. That said lands and premises were sold pursuant to the above provisions of the
Notice of Mortgage Foreclosure Sale herein above described, and under and by virtue of the
power of sale and authority contained in that certain Mortgage, dated July 15, 2009, made,
executed, and delivered by Russell Motzkus and Michelle Motzkus, husband and wife as tenants
by the entireties, as Mortgagor, to 1 Bank, Alpine, Wyoming, as Mortgagee, which Mortgage
was filed for record in the Office of the County Clerk and Ex- Officio Register of Deeds within
and for Lincoln County, Wyoming on July 24, 2009, at Rec 948519, Book 728, at Pages 257
et. seq. The Mortgage was re- recorded in the Lincoln County Clerk's Office on September 10,
2009, at Rec 949383, Book 731, at Pages 597 et. seq. to correct the legal description of the
property as originally described in the Mortgage, and this Corrective Certificate of Sale on
Mortgage Foreclosure has been executed to reflect the re- recording of such Mortgage
consistently with said Notice of Mortgage Foreclosure Sale.
5. That the debt secured by said Mortgage at the time of the sale, including principal,
interest, advances fees, costs and expenses of foreclosure was the actual sum of $201,111.17 as
follows:
Amount due on principal
Interest to Date of Sale
Secondary Interest
Late Charges
Publication of Notice of Sale
Sheriff' s Fee
Foreclosure Guaranty Title Policy
194,801.34
1,785.68
0.00
847.39
390.00
10.00
4.16
RECEIVED 6/1/2011 at 10:23 AM
RECEIVING 959497
BOOK: 767 PAGE: 469
JEANNE R
Certified Mailing Costs
Recording Fees
Attorney Foreclosure Fee
Miscellaneous Expenses
Total
6. at before the allowance and addition of the sum of $3,200.00 to the aforesaid
debt as attorney fees, there was duly filed with the aforesaid Sheriff/Deputy Sheriff of Lincoln
County, Wyoming, affiant herein, by John P. LaBuda, of LaBuda Law Office, P.C., 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 Wyoming Statutes 34 -4 -112, an
executed true copy of which affidavit is attached hereto, marked as "Exhibit B and by this
reference made a part hereof.
7. That prior to the aforesaid sale of the within- described lands and premises, there
was also duly filed with said Sheriff/Deputy Sheriff, affiant herein, by said John P. LaBuda, of
LaBuda Law Office, P.C., one of the attorneys representing Mortgagee, an Affidavit of Mailing
of Notice of Default and Notice of Intention to Foreclose Mortgage by Advertisement and Sale,
said affidavit being duly made and executed pursuant to the provisions of Wyoming Statutes
34-4-103(a)(iv), an executed true copy of which affidavit is attached hereto, marked "Exhibit C
and by reference made a part hereof.
8. That prior to the aforesaid sale of the within- described lands and premises, there
was also duly filed with said Sheriff /Deputy Sheriff, affiant herein, by said John P. LaBuda, of
LaBuda Law Office, P.C., one of the attorneys representing Mortgagee, an Affidavit of Mailing
of Notice of Mortgage Foreclosure Sale, said affidavit being duly made and executed pursuant to
the provisions of Wyoming Statutes 34- 4- 104(a), an executed true copy of which is attached
hereto, marked "Exhibit D an by reference made a part hereof.
9. That said ein he purchaser of all the above
described land and premises as aforesaid, said 1, its successors
and assigns, will be entitled to a deed for said lands and premises on and after the 25 day of
May, 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, he /she has hereunto signed his/her name this 5 day of
rii%1Y 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing docum
a on the-
o r
MY COMMISSION Ex.
urplus
ss.
21.60
51.00
3,200.00
0.00
201,111.17 p�� �j�
2 f (Tv
1- 7& 331/. I r 7
Shane Johnson, Sheriff of
Lincoln County, Wyoming
By: ®74 7A49h 0
Deputy Sheriff
000470
was subscribed d sworn to before me by
day of
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