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Home My WebLink About961332CERTIFICATE OF PURCHASE RECEIVED 10/11/2011 at 10:13 AM STATE OF WYOMING RECEIVING 961332 SS. BOOK: 774 PAGE: 104 COUNTY OF LINCOLN JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, M. SHANE JOHNSON, SHERIFF OF THE COUNTY OF LINCOLN, STATE OF WYOMING, do hereby certify, pursuant to Wyoming Statutes 34 -4 -101 et seq., that pursuant to the power provided in said statutes, pursuant to the provisions of the Mortgage that was recorded in the Office of the Lincoln County Clerk on November 17, 2006 in Book 640 at Pages 610 through 618 as Instrument No. 924545, pursuant to the Order entered on July 5, 2011 in Deseret First Federal Credit Union v. Noel N. Nelson et al., Civil No. CV- 2010 213 -DC (Lincoln County District Court), and at the request of Deseret First Federal Credit Union, a Utah Nonprofit Corporation, as Mortgagee, the owner and holder of said mortgage, and in compliance with the published Notice of Foreclosure Sale that the real property encumbered by said Mortgage would be sold on the steps of the Lincoln County Courthouse, in Kemmerer, Wyoming, on October 11, 2011 at 10:00 a.m., the following described real property was sold: Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming as described on the official plat filed on May 17, 2005 as Instrument No. 908484 of the records of the Lincoln County Clerk. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject reservations and restrictions contained in the United States Patent and to all covenants, conditions, reservations, restrictions, exceptions, easements, and rights -of- way of sight and /or of record. Said real property was sold to: Name: D CS MET (i ST ravetgat, CR[V UNI O N Address: /(7 ATCR 3( 200 We$T 54-LT Ldeiki c rl Y Gi77M/ 8 //U 3 The amount paid for the real property: 95' (rut. °'o 000104 I further certify that notice of intent to foreclose by advertisement and sale was served upon the mortgagor, the record owner and person in possession, and to their counsel of record by certified mail, return receipt requested, mailed to their last known addresses of record, at least ten days before the commencement of the first publication of notice, as required by law, as shown by the documentation attached hereto as Exhibit A. I further certify that due and proper notice of the sale was published as required by law, as shown on the Affidavit of Publication attached hereto as Exhibit B. CERTIFICATE OF PURCHASE PAGE 1 OF 2 I further certify that a copy of said notice of the sale was served upon the mortgagor, the record owner and person in possession, and to their counsel of record by certified mail, return receipt requested, mailed to their last known addresses of record, as required by law, as shown by the documentation attached hereto as Exhibit C. I further certify that on the date and at the time and place specified in the notice of foreclosure sale, the undersigned proceed to sell the real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on the real property, and that the price for which the real property was sold was the highest price bid therefore, and that said purchaser was the highest bidder for the real property; that that the whole sum so bid was paid; that to my best knowledge and belief, such sale was in all respects honestly and fairly conducted; and that the amount for which the real property was sold was the amount set forth above to satisfy the amount due on the mortgage at the date of the sale, with interest and costs and disbursements allowed by law, including attorney's fees supported by the affidavit of counsel attached hereto as Exhibit D. I further certify that LUTHI VOYLES, LLC shall be entitled to the payment of the sum of .98 O. 65, as counsel for the mortgagee, as compensation for services actually rendered in the foreclosure proceeding, as documented in the affidavit required by law. I further certify that the sale of the real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and the provisions of the Order of the District Court, and was in all respects conducted in conformity with the requirements of Wyoming law. The purchaser, or purchaser's successors or heirs and assigns, will be entitled to a deed to the real property that was sold at the expiration of the redemption period, which is three month and thirty days from the date of the sale unless the real property is previously redeemed as provided by law prior to that time. IN WITNESS WHEREOF, I have executed this Certificate of Purchase at Kemmerer, Wyoming, this 1 lth day of October, 2011. ACKNOWLEDGED before me by Lincoln County, Wyoming, this 1 lth day of October, 2011. L. WITNESS my hand and official seal. My Commission expires: L- (Z? BY: CERTIFICATE OF PURCHASE PAGE 2 OF 2 M. SHANE JOHNSON, SHERIFF LINCOLN COUNTY, WYOMING i/ I) NOTARY PUBLIC 000. 05 Deputy Sheriff, SAVANNA L. KRALL NOT RY PUBLIC COUNTY OF C STATE OF LINCOLN kp WYOMING My Commission Expires '�1 1 Expires M. Kevin Voyles 257 North Main Tel: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 Thayne, Wyoming 83127 -0820 Randall B. Luthi Chris Allred Of Counsel Assistant /Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 Dear Mr. Nelson and Mrs. Hoop: LUTHI VOYLES, LLC ATTORNEYS AT LAW September 1, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8905 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8912 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8929 RETURN RECEIPT REQUESTED RE: Notice of Intent to Foreclose by Advertisement Sale on 173 Zella Court, Bedford, Wyoming 000106 Pursuant to the Order Granting Default Judgment and Summary Judgment and Decree of Foreclosure entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV- 2010 213 -DC (Lincoln County District Court), and in accordance with Wyoming Statutes 34- 4- 103(a)(iv), this letter is notice that Deseret First Federal Credit Union intends to foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming, by advertisement and sale. Sincerely, LUT M. K`6vin Voyles I VOYLES, LLC ma=y Exhibit A Page 1 of 6 D, D D -.I D RI a a 5 w a 3 00 0 03§ m E 0 0 a a N m a m a 0 O 0 0, N O 7 3, 3 (D�..�.:. BOO O W 0 53 ,m m a� 0 5n 0 50? m 0 c-3 a m Exhibit A Page 2 of 6 LUTHI VOYLES, LLC ATTORNEYS AT LAW M. Kevin Voyles 257 North Main Tel: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 Thayne, Wyoming 83127 -0820 Randall B. Luthi Chris Allred Of Counsel Assistant Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 J Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 September 1, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8905 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8912 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8929 RETURN RECEIPT REQUESTED RE: Notice of Intent to Foreclose by Advertisement Sale on 173 Zella Court, Bedford, Wyoming Dear Mr. Nelson and Mrs. Hoop: Pursuant to the Order Granting Default Judgment and Summary Judgment and Decree of Foreclosure entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV- 2010 213 -DC (Lincoln County District Court), and in accordance with Wyoming Statutes 34- 4- 103(a)(iv), this letter is notice that Deseret First Federal Credit Union intends to foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming, by advertisement and sale. Sincerely, Exhibit A Page 3 of 6 LUTH VOYLES, LLC vin in Voyles 000108 0 000109 :g n o :2 D D -‘1 w D ru D D D D ru w E-1 ru CD 0 0 t* "2„ o 0 13 •=1: 0 VN ...i c a 0p33 (7 :I Fp-- GL, CD c Er RN 1 i3 0 o r i 2 Ert _Ct E p 8 a il4 S' 3 5 3 .c. a rC I il (D 0 5 fio Z C V; D) 5 Q. 01■3 0 M 0 t- 2 (2. Er a 9. LI 17 E T ‘0 4 Z 2XpaCeo C—. iT). a a 0 57 o 5 0 a 0 CAI i 2 8 0 g g 0 ti3 a ze, 15-: 1%' 0 0 CD CD .5D 0 Exibit A Page 4 of 6 LUTHI VOYLES, LLC ATTORNEYS AT LAW M. Kevin Voyles 257 North Main Tel: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 Thayne, Wyoming 83127 -0820 Randall B. Luthi Chris Allred Of Counsel Assistant Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 Dear Mr. Nelson and Mrs. Hoop: September 1, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8905 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8912 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8929 RETURN RECEIPT REQUESTED RE: Notice of Intent to Foreclose by Advertisement Sale on 173 Zella Court, Bedford, Wyoming Pursuant to the Order Granting Default Judgment and Summary Judgment and Decree of Foreclosure entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV- 2010 213 -DC (Lincoln County District Court), and in accordance with Wyoming Statutes 34- 4- 103(a)(iv), this letter is notice that Deseret First Federal Credit Union intends to foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming, by advertisement and sale. Sincerely, LUTHI VOYLES, LLC l-+ M. Kevin Voyles Exhibit .A Page 5 of 6 000110 00011! th 0 a a 2 a 0 oQ e sa a cp a 0 A f> ❑0 o oA» 9 3 o 4 0 Exhibit A Page 6 of 6 M. Kevin Voyles Randall B. Luthi Of Counsel Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 Enclosure LUTHI VOYLES, LLC ATTORNEYS AT LAW 257 North Main P.O. Box 820 Thayne, Wyoming 83127 -0820 RE: Amended Notice of Foreclose Sale Dear Mr. Nelson and Mrs. Hoop: September 12, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8936 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8943 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8950 RETURN RECEIPT REQUESTED Pursuant to the Order entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson, et al., Civil No. CV -2010- 213 -DC (Lincoln County District Court), and Wyoming Statutes 34 -4 -104, enclosed with this letter is a copy of an Amended Notice of Foreclosure Sale that will be published in the Star Valley Independent to provide notice that on October 11, 2011, Deseret First Federal Credit Union will foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming. Sincerely, LUTHI VOYLES, LLC M. Kevin Voyles Exhibit B Page 1 of 9 tv ti Tel: 307.883.7887 Fax: 307.883.7889 Chris Allred Assistant 2 AMENDED NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to an Order entered on July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV -2011- 213 -DC (Lincoln County District Court), and pursuant to Wyoming Statutes 34 -4 -101 through 34 -4 -113, that a foreclosure sale will be held at 10:00 a.m. on Tuesday, October 11, 2011, on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage from Noel N. Nelson and Noel N. Nelson, Trustee of the Nelson Family Trust dated July 1, 2002, to Deseret First Federal Credit Union, Mortgagee, said Mortgage being that recorded in the Office of the Lincoln County Clerk on November 17, 2006 in Book 640 beginning at Page 610 as Receiving No. 924545. The amounts due on the Mortgage are: principal and accrued interest through July 5, 2011, $467,560.65 (originally, $792,560.65, but less a $325,000.00 credit from a previous foreclosure sale) and collection costs, including attorney's fees, through August 31, 2011, $97,019.70. Additional interest on the Mortgage is accruing at the rate of $103.49 per day from August31, 2011. The total amount of principal and interest, and costs through August 31, 2011, plus additional costs and attorney's fees from the foreclosure sale, are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in Bedford, Wyoming, located at 173 Zella Court, and is described as follows: Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming as described on the official plat filed on May 17, 2005 as Instrument No. 908484 in the records of the Lincoln County Clerk. 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. DATED this 12th of September, 2011. Key' Voyles LUTHI VOYL LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Deseret First Federal Credit Union PUBLISH: [four consecutive weeks] Exhibit B Page 2 of 9 0000L3 0 0 0 O O /m2 Fj o. 0 g a 1 000 2 22 •0 I 0 o o i D 3. g 0 CD 2 0 0; 6 0 0 }9 2 9 �2\ 0 0- }y8 co 0. =-0 7 s< En 22 o ca. mA® 0 0 CD CD 0 Exhibit B Page 3 of 9 LJ ✓Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 Dear Mr. Nelson and Mrs. Hoop: Enclosure LUTHI VOYLES, LLC ATTORNEYS AT LAW M. Kevin Voyles 257 North Main Tel: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 Thayne, Wyoming 83127 -0820 Randall B. Luthi Chris Allred Of Counsel Assistant RE: Amended Notice of Foreclose Sale September 12, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8936 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8943 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8950 RETURN RECEIPT REQUESTED Pursuant to the Order entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson, et al., Civil No. CV -2010- 213 -DC (Lincoln County District Court), and Wyoming Statutes 34 -4 -104, enclosed with this letter is a copy of an Amended Notice of Foreclosure Sale that will be published in the Star Valley Independent to provide notice that on October 11, 2011, Deseret First Federal Credit Union will foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming. Sincerely, LUTHI VOYLES, LLC M. Kevin Voyles Exhibit B Page 4 of 9 000x15 AMENDED NOTICE OF FORECLOSURE SALE 00C_ 6 NOTICE IS HEREBY GIVEN pursuant to an Order entered on July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV- 2011 213 -DC (Lincoln County District Court), and pursuant to Wyoming Statutes 34 -4 -101 through 34 -4 -113, that a foreclosure sale will be held at 10:00 a.m. on Tuesday, October 11, 2011, on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage from Noel N. Nelson and Noel N. Nelson, Trustee of the Nelson Family Trust dated July 1, 2002, to Deseret First Federal Credit Union, Mortgagee, said Mortgage being that recorded in the Office of the Lincoln County Clerk on November 17, 2006 in Book 640 beginning at Page 610 as Receiving No. 924545. The amounts due on the Mortgage are: principal and accrued interest through July 5, 2011, $467,560.65 (originally, $792,560.65, but less a $325,000.00 credit from a previous foreclosure sale) and collection costs, including attorney's fees, through August 31, 2011, $97,019.70. Additional interest on the Mortgage is accruing at the rate of $103.49 per day from August3l, 2011. The total amount of principal and interest, and costs through August 31, 2011, plus additional costs and attorney's fees from the foreclosure sale, are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in Bedford, Wyoming, located at 173 Zella Court, and is described as follows: Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming as described on the official plat filed on May 17, 2005 as Instrument No. 908484 in the records of the Lincoln County Clerk. 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. DATED this 12th of September, 2011. Kev Voyles LUTHI VOYL LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Deseret First Federal Credit Union PUBLISH: [four consecutive weeks] Exibi t 13 Page 5 of 9 UUU%¢i j Q 2 E q q q 2 0 N Exhibit B Page 6 of 9 k E m Ju=u uuur a,ol cmi LUTHI VOYLES, LLC ATTORNEYS AT LAW M. Kevin Voyles 257 North Main Tel: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 Thayne, Wyoming 83127 -0820 Randall B. Luthi Chris Allred Of Counsel Assistant Noel N. Nelson Noel N. Nelson, Trustee Teri Lynna Hoop c/o James K. Lubing, Leah Corrigan, Pamela T. Harvey LUBING CORRIGAN, LLC P.O. Box 3894 Jackson, Wyoming 83001 -3894 ✓Noel N. Nelson Noel N. Nelson, Trustee 107 Zella Court Bedford, Wyoming 83112 Terri Lynna Hoop 1212 East 270 South Santaquin, Utah 84655 Enclosure RE: Amended Notice of Foreclose Sale Dear Mr. Nelson and Mrs. Hoop: September 12, 2011 CERTIFIED MAIL NO. 7007 3020 0002 3459 8936 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 7007 3020 0002 3459 8943 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO. 707 3020 0002 3459 8950 RETURN RECEIPT REQUESTED Pursuant to the Order entered July 5, 2011 in Deseret First Federal Credit Union v. Nelson, et al., Civil No. CV- 2010 213 -DC (Lincoln County District Court), and Wyoming Statutes 34 -4 -104, enclosed with this letter is a copy of an Amended Notice of Foreclosure Sale that will be published in the Star Valley Independent to provide notice that on October 11, 2011, Deseret First Federal Credit Union will foreclose on the property located at 173 Zella Court, Bedford, Wyoming, also known as Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming. Sincerely, LUTHI VOYLES, LLC M. Kevin Voyles Exhibit B Page 7 of 9 AMENDED NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to an Order entered on July 5, 2011 in Deseret First Federal Credit Union v. Nelson et al., Civil No. CV- 2011- 213 -DC (Lincoln County District Court), and pursuant to Wyoming Statutes 34 -4 -101 through 34 -4 -113, that a foreclosure sale will be held at 10:00 a.m. on Tuesday, October 11, 2011, on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage from Noel N. Nelson and Noel N. Nelson, Trustee of the Nelson Family Trust dated July 1, 2002, to Deseret First Federal Credit Union, Mortgagee, said Mortgage being that recorded in the Office of the Lincoln County Clerk on November 17, 2006 in Book 640 beginning at Page 610 as Receiving No. 924545. The amounts due on the Mortgage are: principal and accrued interest through July 5, 2011, $467,560.65 (originally, $792,560.65, but less a $325,000.00 credit from a previous foreclosure sale) and collection costs, including attorney's fees, through August 31, 2011, $97,019.70. Additional interest on the Mortgage is accruing at the rate of $103.49 per day from August31, 2011. The total amount of principal and interest, and costs through August 31, 2011, plus additional costs and attorney's fees from the foreclosure sale, are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in Bedford, Wyoming, located at 173 Zelda Court, and is described as follows: Lot 69 of Fertile Acres Third Filing, Lincoln County, Wyoming as described on the official plat filed on May 17, 2005 as Instrument No. 908484 in the records of the Lincoln County Clerk. 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. DATED this 12th of September, 2011. Kev Voyles LUTHI VOYL LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 PUBLISH: [four consecutive weeks] Exhibit B Page 8 of 9 Attorney for Deseret First Federal Credit Union 000 19 00 w a m CD Exhibit B Page 9 of 9 J �J L L1 1.J 1 J 1.J L J 1 J 1 1 .J I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the regular and entire issue of said newspaper, and not in any supplement thereof, for A r` consecutive issues, commencing with the issue date —S.ea 1 2011, and ending with issue dated 2011. Subs9ftbe,dAswom in before me this 2011. My commission expires August 31, 2013 NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS REBY GIVEN pur suant to an Order entered on July 5, _2011 in ,Deseret First Federal Credit Union v Nelson: et al.,' Civil No. CV- 2011 213 -DC (Lincoln County District Court), and "pursuant to Wyoming 'Statutes 34- 4- 101_ through 34- 4-113, "that a fore- closure sale :.will be held at 10:00 a.m on Tuesday, October 11, 2011, on the 'steps of the Lincoln County Courthouse in Kemmerer., Wyoming. The sale ,will be foreclosing on a Mortgage from 'Noel N. Nelson and Noel N. Nelson. Trustee of the Nelson -Family_, Trust dated July 1. 2002,;, to Deseret 'first Federal Credit Union, .Mortgagee, said Mortgage being that recorded i in the Office of the Lincoln County, Clerk on November 17, 2006 in Book 640 beginning at Page 610 as Receiving No. 924545.: The;; amounts due c,on the Mortgage are principal, and accrued interest" .through July. `•'5,,2011, $467,560:65 (origina11y, $792,560.65, but less a $325,000 00'credit froni'a previ- ous foreclosure sale) and :col 1 1' lection costs, including attor ney's fees, through August 31, 2011, $97,019.70. Additional j interest on the Mortgage is accruing at the rate of $103.49 day of per day from August3l, 2011. The total amount of principal and interest,,: and costs through I, August 31, 2011, plus addition al costs and attorney's K fees from the foreclosure sale, are now.. payable in 'I full by :Mortgagor toMortgagee. The property covered by, the Mortgage is in HBedford, Wyoming, located at 173.Zella Court, and "is- :described as fol- lo Lot 69 of Fertile Acres Third Filing,. ",Lincoln County, Wyoming as described on the official plat filed on May's 17„ di 2005 as Instrument No. 908484, =i in the _records of the .Lincoln County Clerk. The.property being foreclosed upon may be subject to -other liens and encumbrances that will not be .extinguished at the sale and any prospective 'pur chaser should research the sta- tus of title'' before submitting a bid. DATED this -12th of September;= 2011. M Kevin Voyles LUTHI V,OYLES, LLC- P O -Box 820, Mayne, Wyoming ",83127 -0820. Tel: 307 -883 -7887 .Fax: 307-883-7889 Attorney for Deseret Federal Credit Union Publish September 's 15, October 6, 2011 JANA BF'' County Lincal My 0001 Exhibit C iPUBLk' State of Wyoming A,utUst 3 2013 ..I: A:.:,Y.br.;..s.;vcM,aSe,!M: 'a•1... rPy=`. FORECLOSURE SALE DESERET FIRST FEDERAL CREDIT UNION NELSON OCTOBER 11, 2011 STATE OF WYOMING SS. COUNTY OF LINCOLN AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 FORECLOSURE SALE DESERET FIST FEDERAL CREDIT UNION NELSON SEPTEMBER 6, 2011 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 1 OF 3 Exhibit D I) 01ti I, M. KEVIN VOYLES, of LUTHI VOYLES, LLC, being duly sworn and under oath, state as follows: 1. That I am counsel for Deseret First Federal Credit Union, the Mortgagee of the Mortgage that was recorded in the Office of the Lincoln County Clerk on November 17, 2006 in Book 640 at Pages 610 through 618 as Instrument No. 924545. 2. That said Mortgage provides for attorney's fees if legal action is necessary to collect the debt that is secured by said Mortgage. 3. That said Mortgage is being foreclosed upon pursuant to Wyoming Statutes 34- 4 -101 through 34 -4 -113, Foreclosure by Advertisement and Sale, pursuant to the terms of said Mortgage, and pursuant to the judgment that was entered on July 5, 2011 in Deseret First Federal Credit Union v. Noel N. Nelson et al., Civil No. CV- 2010 213 -DC in the Lincoln County District Court. 4. That pursuant to Wyoming Statutes 34 -4 -103, I hereby certify that a ten (10) day Notice of Intent to Foreclose by Advertisement and Sale was sent to the Mortgagor, the record owner and person in possession, and to their counsel of record. FORECLOSURE SALE DESERET FIST FEDERAL CREDIT UNION NELSON SEPTEMBER 6, 2011 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 2 OF 3 Exhibit D 001'23 5. That pursuant to Wyoming Statutes 34- 4- 104(a), I hereby certify that prior to the first date of publication of the Notice of Foreclosure Sale, a copy of said Notice was served, by certified mail, return receipt requested, upon the Mortgagor, the record owner and person in possession, and to their counsel of record. 6. That pursuant to Wyoming Statutes 34- 4- 104(a), a Notice of Foreclosure Sale was published for four consecutive weeks in a newspaper printed in the county where the real property included in the Mortgage and intended to be sold is situated. 7. That to the best of my knowledge, information, and belief, no one other than the owner of the real property was in possession of the property. 8. That to the best of my knowledge, information, and belief, there were no subordinate liens of record on the real property. 9. That pursuant to Wyoming Statutes 34 -4 -112, I affirm that there has been and that there is now no agreement, express or implied, between Deseret First Federal Credit Union and myself or my law firm, nor is there any such agreement with any other person or entity, for the sharing or division of the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale. 10. That I further affirm that the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale are compensation for services actually rendered in said foreclosure sale. 11. That balance of said Mortgage, and the costs and attorney's fees of the foreclosure judgment and sale, as of October 11, 2011, are as follows: Mortgage Balance with Accrued Interest through October 11, 2011 Unpaid Property Taxes 2010 Foreclosure Report Filing and Service Fees Publication Costs Appraisal Fees Legal Fees for Foreclosure Judgment Legal Fees for Foreclosure Sale Recording Fees Sheriff's Fees DATED this 11th day of October, 2011. CHRISTINA K. ALLRED NOTARY PUBLI State of County of a Wyoming Lincoln MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: $471,803.59 1,502.03 1,754.00 364.00 360.00 550.00 97,019.70 3,858.68 82.00 20.00 $576,766.15 Kev Voyles, .'2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for Deseret First Federal Credit Union, Mortgagee SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this j(th day of October, 2011. WITNESS my hand and official seal. Ital., -A' NOTARY PUBLIC FORECLOSURE SALE DESERET FIST FEDERAL CREDIT UNION NELSON SEPTEMBER 6, 2011 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 3 OF 3 Exhibit D 0001 4