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HomeMy WebLinkAbout960665says: CORRECTIVE CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE Cliff Boyd, of lawful age, being first duly sworn upon his oath according to law, deposes and 1. That 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 February 25, March 4, 11 and 18, 2010, 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 as "Exhibit A" to the Certificate of Sale on Mortgage Foreclosure recorded in the Office of the Lincoln County Clerk on March 30, 2010 in Book 744 at pages 627 et. seq., reception number 952716, and which "Exhibit A" is incorporated herein by this reference and made a part hereof. 3. That on the 30 day of March 2010, 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 vendue, to the highest bidder for cash, he offered for sale the following- described lands and premises as a whole, it being not susceptible to being offered as separate parcels, and then sold said lands and premises as a whole for the sum of $718,200.00 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 1 of the Snake River Junction First Filing Subdivision, Recorded on December 15, 2006, as Document No. 925355, Plat No. 294 -A, in the Office of the Clerk of 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 of record 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, dated August 26, 2008, made, executed and delivered by Monica A. Mason, as Mortgagor, to 1 Bank, Alpine, 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 September 2, 2008, in Book 703 at pages 806 et. seq. 5. That the debt secured by said Mortgage at the time of said sale, including principal, interest, advances, fees, costs and expenses of foreclosure was the actual sum of $964,227.45 as follows: Amount due on Principal $932,011.55 Interest to Date of Sale 7,164.84 Secondary Interest 17,049.64 Late Charges 2,439.34 Publication of Notice of Sale 331.20 Sheriffs Fee 10.00 Foreclosure Guaranty Title Policy 1458.58 Certified Mailing Costs 59.30 Recording Fees 38.00 Attorney Foreclosure Fee 3,575.00 Mileage 90.00 Total $964,227.45 t 00556 RECEIVED 8/23/2011 at 4:11 PM RECEIVING 960665 BOOK: 771 1 56 JEANNE WAGNER Amount Bid $718,200.00 Deficiency $246,027.45 000557 6. That before the allowance and addition of the sum of $3575.00, to the aforesaid mortgage debt as attorney fees, there was duly filed with the aforesaid Sheriff of Lincoln County, Wyoming, affiant herein, by L. Galen West, of Bussart West PC, 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 -4 -112, (Lexis 2007), an executed true copy of which affidavit is attached as "Exhibit B" to the Certificate of Sale on Mortgage Foreclosure recorded in the Office of the Lincoln County Clerk on March 30, 2010 in Book 744 at pages 627 et. seq., reception number 952716, and which "Exhibit B" is incorporated herein by this reference and 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, affiant herein, by said L. Galen West, of Bussart West PC, one of the attorneys representing Mortgagee, an affidavit of mailing of Notice of Intent to Foreclose Mortgage by Advertisement and Sale, said affidavit being duly made and executed pursuant to the provisions of Wyoming Statutes Annotated, Section 34 -4 -103 (a)(iv), (Lexis 2007) an executed true copy of which affidavit is attached as "Exhibit C" to the Certificate of Sale on Mortgage Foreclosure recorded in the Office of the Lincoln County Clerk on March 30, 2010 in Book 744 at pages 627 et. seq., reception number 952716, and which "Exhibit C" is incorporated herein by this reference and 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, affiant herein, by said L. Galen West, of Bussart West PC, 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 Annotated, Section 34- 4- 104(a), (Lexis 2007) an executed true copy of which affidavit is attached as "Exhibit D" to the Certificate of Sale on Mortgage Foreclosure recorded in the Office of the Lincoln County Clerk on March 30, 2010 in Book 744 at pages 627 et. seq., reception number 952716, and which "Exhibit D" is incorporated herein by this reference and made a part hereof. A Corrective "Exhibit D" Affidavit of Attorney is attached hereto and by this reference made a part hereof. 9. That said 1 Bank, Alpine, being the purchaser of all the above described lands and premises as aforesaid, said 1 Bank, Alpine, its successors and assigns, will be entitled to a deed for said lands and premises on and after the 2 °a day of August, 2010 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. 10. This Corrective Certificate of Sale on Mortgage Foreclosure has been executed to confirm 1 Bank, Alpine as the purchaser at the public sale held on March 30, 2010, to correct "Exhibit D" attached to the original Certificate of Sale on Mortgage Foreclosure recorded in the Office of the Lincoln County Clerk on March 30, 2010 in Book 744 at pages 627 et. seq., reception number 952716 and to correct an erroneous reference to "Sweetwater" County in such original Certificate of Sale on Mortgage Foreclosure. IN WITNESS WHEREOF, he has hereunto signed his name this,2 day of August, 2011. Shane Johnson, Sheriff of Lincoln County, Wyoming By ,ii C o��� Deputy F ff The State of Wyoming ss. County of Lincoln The foregoing instrument was subscribed, swo and acknowledged before me by Cliff Boyd, Deputy Sheriff of Lincoln County, Wyoming, thi lay of August, 2011. Witness my hand and official seal. My commission expires: M. ASHLEY EY NOTARY Plf COUNTY OF LMIC OLA1 �i PGo:'? MY COMMISSION FXPID f)C'CFMT, -1E 4 a'? 1 i 000558 NOTICE OF MORTGAGE FORECLOSURE SALE 000559 WHEREAS, the power of sale in the following- described Mortgage, duly recorded as hereinafter specified, having become operative by the default in a condition of such Mortgage by the Mortgagor, and no suit or proceeding having been instituted to recover the debt thereby secured, or any part thereof, 1 Bank, Alpine, Alpine, Wyoming, the Mortgagee therein, hereby states and gives notice that: 1. The aforesaid Mortgage, dated August 26, 2008, was filed of record on September 2, 2008, in Book 703, Page 805 et. seq., 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 Monica A. Mason, as record owner and person in possession, and M &M Auto Outlet Wyoming, Inc., as person in possession, by certified mail with return receipt, mailed to the last known addresses of said record owner and persons in possession on the 5th day of February, 2010. 3. The amount claimed to be due on said Mortgage as of January 12, 2010, for principal, interest and late fees, is the sum of $943,726.37, together with all accruing interest at the rate of $174.75216 per day, advances, attorney fees, costs, fees and expenses of foreclosure. 4. The mortgaged premises are described as: Lot 1 of the Snake River Junction First Filing Subdivision, Recorded on December 15, 2006, as Document No. 925355, Plat No. 294 -A, in the Office of the Clerk of 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 of record Dated this 22 °d day of February, 2010. PUBLISH: February 25, March 4, 11, 18, 2010 1 Bank, Alpine, Mortgagee 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 vendue by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming, at the front door of the Courthouse in Kemmerer, Lincoln County, Wyoming, at 10:00 o'clock A.M. on March 30, 2010, to satisfy the aforesaid amount, and accruing interest, advances, costs, fees and expenses of foreclosure. 6. Pursuant to Wyoming Statutes, Section 1- 18- 109(b), 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." The State of Wyoming County of Sweetwater ss. 000560 CORRECTIVE AFFIDAVIT OF ATTORNEY L. Galen West, 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 one of the attorneys for, and is representing 1 Bank, Alpine, in its foreclosure of that certain mortgage dated August 26, 2008, wherein Monica A. Mason is the Mortgagor and 1st Bank, Alpine, is the Mortgagee, 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, on September 2, 2008, in Book 703 at pages 806 et. seq. 2. That on the 5 day of February, 2010, John LaBuda, an attorney generally admitted to practice law within the State of Wyoming, and co- counsel in this matter, deposited in the United States Post Office at Pinedale, Wyoming, a Notice of Mortgage Foreclosure Sale hereinafter set forth, postage prepaid and addressed and sent by certified mail, to the following persons, at their last known address, they being the owners of record, personal guarantors and persons in possession of the mortgaged premises: Monica A. Mason PO Box 3810 Alpine WY 83128 Keith Smith PO Box 3810 Alpine WY 83128 Monica A. Mason 7 Wilson Meadow Road Bow NH 03304 Keith Smith 7 Wilson Meadow Road Bow NH 03304 M &M Auto Outlet Wyoming, Inc. ATTN: Monica Mathias Mason, Registered Agent 3130 E. Yellowstone Casper WY 82601 3. That a true copy of said Notice of Mortgage Foreclosure Sale is attached hereto, marked "Exhibit A and by this reference made a part hereof. Dated this" day of August, 2011. The State of Wyoming County of Sweetwater ss. E6-201 Subscribed and sworn to before me this 3 day of August, 2011, by L. Galen West. ie. MI 1. Witness my hand and official seal. My commission expires: 4 kit otary Publ't 4 tiA t tstb► c ou