Loading...
HomeMy WebLinkAbout960959SHERIFF'S CERTIFICATE OF PURCHASE AT FORECLOSURE SALE THIS CERTIFICATE made on the date below written by the Sheriff of Lincoln County, State of Wyoming, to TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113. WITNESSETH: WHEREAS, a Mortgage was executed by Amir Algaar and Marsha Algaar on October 26, 2007, to TNF, LLC, Series 1, Mortgagee, for the following described real property: Lot Four (4) of Star Valley Ranch Plat Four (4) as recorded August 19, 1985 at Document Number 637328 and Map Number 316 in the office of the Clerk, Lincoln County, Wyoming, which Mortgage was on October 26, 2007, duly recorded at Book 676, 782, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Amir Algaar and Marsha Algaar, as joint tenants with rights of survivorship. WHEREAS, a delinquency in payments occurred, pursuant to provisions of said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale contained in said Mortgage to be operative; that pursuant to the provisions of Wyoming Statutes, 1977, §34 -4 -101 through §34 -4 -113, I do hereby certify that the property foreclosed is situated in Lincoln County, Wyoming, and more particularly described above, and was duly advertised in the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming for four (4) consecutive weeks, to wit: ug. 11, 18, v- 1 1011, is v 41. o r e .:1. s h o ..i� b th F it of ,h1:.. ti t j-' aAJ more u. r Js.:t' VLi the 4 i tila. 1.. of i.liv. CaL.vn attached hereto; and THAT said property was sold in one parcel at public vendue in accordance with the Notice of Foreclosure Sale at the date and time set forth, to wit: September 6, 2011, at 10:00 a.m. Said sale was made by me, and the above described property was sold to TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113, in the sum of S�p and THAT by virtue of the sale and purchase, the payment of money as described above by the Purchaser, and the authority vested in me thereby and by law, I hereby give and grant this, my Certificate of Sale, to TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113, and do hereby certify that the Purchaser, or the Purchaser's assignee, will be entitled to a Sheriff's Deed at the expiration of 3 months and thirty (30) days from the date of this sale, unless the same shall have been redeemed prior to that date as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of C ').2Seuv■lne 2011. By: SHERIFF OF LINCOLN COUNTY STATE OF WYOMING Sherif Deputy 000659 RECEIVED 9/13/2011 at 11:00 AM RECEIVING 960959 BOOK: 772 PAC RS4 JEANNE WAS...., STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by SkmV as N .(N I Sub r Sc of Lincoln ounty this L0 +4 day of S0.e,nAne^ 2011. q �c ICS If t ".r l .1.. A' Signature of Notarial Officer (Seal) My Commission expires: 1 1127 rin Notary Public Title aid Rank SAVA NA 1. KRALL T NOT RY PUBLIC COUNTY OF 0 STATE OF LINCOLN �(t WYOMING My Commission Expires 412 JI5 000660 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF FORECLOSURE SALE Default having been made in the conditions of that certain Mortgage deed dated October 26, 2007, given by Amir Algaar and Marsha Algaar, to TNF, LLC, Series 1, to secure the payment of one certain Promissory Note of even date therewith, which Mortgage embraced the following real property to -wit: Lot Four (4) of Star Valley Ranch Plat Four (4) as recorded August 19, 1985 at Document Number 637328 and Map Number 316 in the office of the Clerk, Lincoln County, Wyoming, also known as 98 Brambleberry Drive, Star Valley Ranch, WY 83127, which mortgage was on October 26, 2007, duly recorded at Book. 676, 782, in the Office of the County Clerk and Ex- Officio Register of Deeds of Lincoln County, Wyoming. The current record owner of the property is Amir Algaar and Marsha Algaar, as joint tenants with rights of survivorship. That the note is in default; and WHEREAS, the default in said Mortgage has occurred by reason of the failure of the Mortgagor or assignees to pay the principal and the interest due thereon when the same became due 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 pay able and proceed according to law to advertise and sell said property to satisfy the 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, or if instituted such action has been discontinued; and TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113, is the owner of said Note and Mortgage; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and party in possession more than ten days prior to the first date of publication of this notice; 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 bidder for cash at public vendue at the front steps of the Lincoln County Courthouse, Kemmerer, Wyoming, at the hour of 10:00 a.m., on September 6, 2011. However, pursuant to W.S. 1- 18- 101(a)(iii), such sale shall not be held unless a representative of the Mortgagee is present. There is due and owing as of the first date of publication the sum of $320,209.54. Publication will be Aug. 11, 18, 25, Sept. 1, 2011. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. The property being foreclosed upon may be subject to other liens and, encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. TNF, LLC, Series 1, Mortgagee c/o Patton and Davison Attorneys at Law PO. Box 945 Cheyenne, Wyoming 82003 PUBLISH: Aug. 11, 18, 25, Sept. 1, 2011 0811A I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 1 1 day of day of and the last p ROSEMARY CANAL Limbs KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 II ion being on the 1 ,2011 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) NOTARY PUBLIC State d My:eetmIssloe Expires 0. 2012 Subscribed in my presence and sworn to befor- me on this 1 Notary S. ature day of A.D., 20 11 er. 000661 STATE OF WYOMING ss. COUNTY OF LARAMIE ATTORNEY'S FEE AFFIDAVIT I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law and I am a resident of the State of Wyoming. 2. That this Affidavit is pursuant to and in compliance with §34 -4 -112, Wyoming Statutes, 1977, and will be filed with the Sheriff below named at the time of sale. 3. That the Sheriff has scheduled a Mortgage to be foreclosed in Lincoln County, Wyoming, on September 6, 2011, at 10:00 a.m. 4. That there is no agreement, express or implied, between himself and my client, TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113, nor between myself and any other person for any sharing or division of the $1,000.00 fee which was charged for this foreclosure except with partners of Patton Davison or other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a fee through foreclosure network agreements. 5. That the mortgage referred to was given by Amir Algaar and Marsha Algaar,. to TNF, LLC, Series 1, Mortgagee, for the following described real property: Lot Four (4) of Star Valley Ranch Plat Four (4) as recorded August 19, 1985 at Document Number 637328 and Map Number 316 in the office of the Clerk, Lincoln County, Wyoming, which mortgage was recorded on October 26, 2007, at Book 676, 782, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Amir Algaar and Marsha Algaar, as joint tenants with rights of survivorship. FURTHER AFFIANT SAYETH NAUGHT. DATED July 28, 2011. STATE OF WYOMING COUNTY OF LARAMIE PAMELA SPORTS NOTARY PU5LJC COUNTY OF g a STATE oR WYOMINQ Commission Expires September 22, 2011 My Commission expires: Jo Patton of Patton Davison ouyyuLia,_ -00,), Signature of Notarial Officer Notary Public Title and Rank 000662 The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on July 28, 2011. NOTICE OF INTENT TO FORECLOSE MORTGAGE TO: Record Owners and Parties in Possession: Amir Algaar P.O. Box 3330 Alpine, WY 83128 Marsha Algaar P.O. Box 3330 Alpine, WY 83128 Amir Algaar 98 Brambleberry Drive Star Valley Ranch, WY 83127 Marsha Algaar 98 Brambleberry Drive Star Valley Ranch, WY 83127 Parties in Possession: TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular Wyoming Statutes §34 -4 -103, you are hereby notified that TNF, LLC, Series 1, of 8288 Turtle Creek, Las Vegas, NV 89113, Mortgagee, intends to foreclose by advertisement and sale that certain mortgage given and executed by Amir Algaar and Marsha Algaar to secure a Mortgage Note given and executed by Amir Algaar and Marsha Algaar to TNF, LLC, Series 1. The mortgage was executed on October 26, 2007, and was recorded on October 26, 2007, at Book 676, 782, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Amir Algaar and Marsha Algaar, as joint tenants with rights of survivorship. There is due and owing as of the date of first publication the sum of $320,209.54. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the note and mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. THIS NOTICE is sent to you as the record owner and or the person in possession of the mortgaged premises described as follows: Lot Four (4) of Star Valley Ranch Plat Four (4) as recorded August 19, 1985 at Document Number 637328 and Map Number 316 in the office of the Clerk, Lincoln County, Wyoming, by certified mail, with return receipt requested, mailed to your last known address ten (10) days before the commencement of the publication of the Notice of Sale. In compliance with the Fair Debt Collection Practices Act, 15 USCS §1692, we provide you with the following notice and information. (1) The amount of the debt as of the first date of publication is $320,209.54; (2) The name of the creditor to whom the debt is owed is TNF, LLC, Series 1; (3) Unless you, the consumer, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid; 000663 (4) If you, the consumer, notify us in writing within the thirty -day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment against you, if applicable, and a copy of such verification or judgment will be mailed to you by our firm; and (5) Upon your written request within the thirty -day period, we will provide you, the consumer, with the name and address of the original creditor, if different from the current creditor. Your attention is called to the Servicemember Civil Relief Act of 2003 and amendments thereto which contain inhibitions against the sale of the land under a mortgage if the vestee is entitled to the benefits of the Act. THE DATE of first publication of The Notice of Foreclosure Sale, and the subsequent publication dates are Aug. 11, 18, 25, Sept. 1, 2011. Sale of the premises will be conducted by the Sheriff of Lincoln County, Wyoming on September 6, 2011, at 10:00 a.m., at the front steps of the Lincoln County Courthouse, Kemmerer, Wyoming. Dated July 28, 2011 By: TNF, LLC, Series 1 ,6e Jo n C. Patton of Patton Davison P.O. Box 945 Cheyenne, Wyoming 82003 (307) 635 -4111 Attorneys for Mortgagee 000664 STATE OF WYOMING ss. COUNTY OF LARAMIE follow: I, John C. Patton, being first duly sworn upon my oath, depose and state as 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law, and I am a resident of the State of Wyoming. 2. That I caused a Notice of Intent to Foreclose Mortgage by advertisement and sale to be sent to: Record Owners and Parties in Possession: Amir Algaar P.O. Box 3330 Alpine, WY 83128 Marsha Algaar P.O. Box 3330 Alpine, WY 83128 Amir Algaar 98 Brambleberry Drive Star Valley Ranch, WY 83127 Marsha Algaar 98 Brambleberry Drive Star Valley Ranch, WY 83127 AFFIDAVIT OF MAILING Junior Lienholders: None of Record by Certified Mail with Return Receipt Requested, on July 28, 2011, at least ten (10) days before the commencement of publication of the Notice of Sale. FURTHER AFFIANT SAYETH NAUGHT. DATED July 28, 2011. STATE OF WYOMING COUNTY OF LARAMIE of Patton Davison The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on July 28, 2011. My Commission expires: Signature of Notarial Officer Notary Public Title and Rank 000665