HomeMy WebLinkAbout962761STATE OF WYOMING
COUNTY OF LINCOLN
)SS
CERTIFICATE OF SALE
00349
SHANE JOHNSON, by and through the undersigned Deputy, of lawful age being first duly
sworn upon his oath, states and certifies as follows:
1. Shane Johnson is the duly elected and acting Sheriff in and for Lincoln County, Wyoming„
and this Certificate of Sale is made in his capacity as such.
2. A default has occurred under the terms of that promissory note and mortgage executed and
dated June 29, 2007, from Mortgagor, JM Land Development, LLC, an Idaho limited liability
company, Sherry Merritt, individually and Joel Merritt, and Sherry Merritt, husband and wife,
payable to Lender and Mortgagee, The Bank of Commerce Eastside, which Mortgage was
recorded on September 12, 2007, in the Office of the County Clerk of Lincoln County,
Wyoming in Book 672 PR, Page 49, encumbering in part the real property more particularly
described as:
Northeast Quarter of the Northwest Quarter and GLO lot 1 of Section 19, Township 34 North
Range 118 West of the 6th P.M., Lincoln County, Wyoming.
LESS AND EXCEPT the land described in Quitclaim Deed recorded October 4, 2004 in Book
569PR on page 17 of the records of the Lincoln County Clerk; and
LESS AND EXCEPT the land described in Quitclaim Deed Recorded October 4, 2004 in Book
569PR on page 19 of the records of the Lincoln County Clerk; and
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded August 7, 2007 in
Book 668PR on page 140 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Corrective Warranty Deed recorded August
7, 2007 in Book 668 on page 139 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded October 11, 2007 in
Book 675 on page 264 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Corrective Warranty Deed recorded October
31, 2008 in Book 708 on page 249 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded January 23, 2009 in
Book 713PR on page 570 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded February 27, 2009
in Book 716PR on page 442 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded March 24, 2009 in
Book 718PR on page 531 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded December 13, 2010
in Book 758PR on page 565 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded April 25, 2011 in
Book 765PR on page 765 of the records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed recorded November 9, 2011
in Book 775PR on page 846 of the records of the Lincoln County Clerk.
Page 1 of 3
RECEIVED 1/17/2012 at 10:07 AM
RECEIVING 962761
BOOK: 779 PAGE: 349
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00350
SUBJECT TO all of the terms, conditions, restrictions, grants and plat warnings set forth
on the official plat of the North Forty Phase One Subdivision, a/k/a North Forty Subdivision,
filed with the County Clerk of Lincoln County, Wyoming on July 6, 2007, as Receiving
930990.
3. No suit or proceeding has been instituted at law to recover the debt secured by the
Mortgage, or any part thereof.
4. The power of sale contained in the Mortgage having been made operative by reason of such
default and The Bank of Commerce Eastside elected to foreclose the same. A Notice of Intent to
Foreclose the Mortgage was served upon the record owner and the party in possession of said real
property at least ten (10) days prior to commencement of the first publication of the foreclosure sale
notice as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof.
5. The Mortgagee, has caused publication to be made of a Notice of Foreclosure Sale in the
Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of
Wyoming, once a week for four consecutive weeks, commencing with the December 22, 2011, issue
of said newspaper and ending with the January 18, 2012, issue thereof and the Affidavit of
Publication is attached hereto as Exhibit B and by this reference made a part hereof.
6. Prior to the first date of publication, a copy of the Notice of Foreclosure Sale was served by
certified mail with return receipt requested upon the record owner and all holders of recorded
mortgages and liens subordinate to the mortgage being foreclosed, which appear of record at least
twenty five, (25) days before the scheduled foreclosure sale as shown by the affidavit attached hereto
as Exhibit C and by this reference made a part hereof.
7. On January 17, 2012, the time and place specified in said notice of foreclosure sale at the
front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, Wyoming the
undersigned proceeded to sell the above described real property at public auction in accordance with the
Notice of Foreclosure Sale by then and there calling for bids on said real property. Because the
mortgaged premises consisted of distinct lots they were offered for sale separately pursuant to W.S. §34-
4 -107. No one present at the sale made a bid for any of the distinct lots of the mortgaged premises.
Thereafter all of the distinct lots of the mortgaged premises were offered for sale as whole.
8. The undersigned proceeded to sell the above described real property at public auction in
accordance with the Notice of Foreclosure Sale by then and there calling for bids on said real
property as a whole; and that the highest and best sum bid for said real property was the sum of
-2- i f /1 0 which was bid and offered by The Bank of Commerce, an Idaho
banking corporation. And that after soliciting and calling for other and higher bids therefor, and
receiving none from those attending the sale, said real property was struck off and sold by the
undersigned to the said The Bank of Commerce, an Idaho Banking Corporation for the sum of
;54'1 J o Gl and that the sum bid was thereupon paid and the sale of said real
property Vas then and there completed as by law provided.
9. The sum of $2.500.00 is to be paid to Dennis M. Boal, the attorney for Mortgagee, as
compensation for services actually rendered in the foreclosure proceeding, said attorney having made an
affidavit as required by the statutes of the State of Wyoming, said affidavit being attached hereto as
Exhibit D, and by this reference made a part hereof.
10. The Bank of Commerce, an Idaho banking corporation, shall be entitled to a 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. The redemption period is three (3) months and thirty (30) days from and after the
date of sale, January 17, 2012.
DATED AT Kemmerer, Lincoln County, State of Wyoming this
2012.
Page 2 of 3
/7 day of lia4-
SHANE JOHNSON, Sheriff in and for
Lincoln County, Wyoming
Title: Deputy
STATE OF WYOMING
)ss
COUNTY OF LINCOLN
On this 11.1 day of January, 2012, the above and foregoing instrument was
acknowledged before me by
County, State of Wyoming.
My Commission Expires:
j i rkrtOt 1 k n Deputy Sheriff of Lincoln
its
Page 3 of 3
00351
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
LINCOLN
My- Commission Expires
STATE OF
WYOMING
EXHIBIT A
AFFIDAVIT OF SERVICE OF NOTICE OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
)SS
COUNTY OF UINTA
Comes Now, Dennis M. Boal, being first duly sworn under oath, deposes and states:
1. I am an attorney admitted to practice in the State of Wyoming representing the Mortgagee,
The Bank of Commerce Eastside, in a procedure to foreclose the real estate mortgage from Mortgagor,
JM Land Development, LLC, an Idaho limited liability company, Sherry Merritt, individually
and Joel Merritt, and Sherry Merritt, husband and wife„ payable to Mortgagee, The Bank of
Commerce- Eastside which Mortgage was recorded on September 12, 2007, in the Office of the
County Clerk of Lincoln County, Wyoming in Book 672 PR, Page 49, by advertisement and sale
as provided under the provisions of Wyo. Stat. §34 -4 -101, et seq. The mortgage was foreclosed by
reason of default having occurred under the terms of the note secured thereby.
2. Written Notice of Intent to Foreclose the Mortgage by advertisement and sale, which
complies with W.S. §34 -4 -103, has been served upon the record owner and the persons 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:
JM Land Development, LLC
285 Duffin
Thayne, WY 83127
Certified Mail No.: 7010 0290 0000 1313 8025
Sherry Merritt
285 Duffin
Thayne, WY 83127
Certified Mail No.: 7010 0290 0000 1313 8018
Joel Merritt
285 Duffin
Thayne, WY 83127
Certified Mail No.: 7010 0290 0000 1313 8032
3. The Notice of Intent to Foreclose was served as described above on October 19, 2011.
The date of the first publication of the Notice of Foreclosure Sale was December 22, 2011.
FURTHER AFFIANT SAYETH NAUGHT
Dennis M. Boal
Attorney at Law
P.O. Box 370
Evanston, WY 82931
Subscribed and sworn to in my presence by Dennis M. Boal this ‘10 day of
2012. Witness my hand and official seal
MARYKIM,BATEMAN NOTARY PUBLIC
COUNTY OF
UINTA
STATE OF
WYOMING
`MY COMMISSION EXPIRES AUGUST 13, ,20141
00352
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
NOTICE OF FORECLOSURE SALE
Default existing on a promissory note and real estate mortgage dated
June 29, 2007, from Mortgagor, JM Land Development, LLC, an Idaho
limited liability company, Sherry Merritt, individually and Joel Merritt,
and Sherry Merritt, husband and wife, payable to Lender and Mortgagee,
The Bank of Commerce- Eastside, which Mortgage was recorded on Sep-
tember 12, 2007, in the Office of the County Clerk of Lincoln County,
Wyoming in Book 672 PR, Page 49, encumbering in part the real property
more particularly described as
Northeast Quarter of the Northwest Quarter and GLO lot 1 of Section
19, Township 34 North Range 118 West of the 6'h P.M., Lincoln County,
Wyoming.
LESS AND EXCEPT the land described in Quitclaim Deed recorded
October 4, 2004,in Book 569PR on page 17 of the records of the Lincoln
County Clerk; and
LESS AND EXCEPT the land described in Quitclaim Deed Recorded
October 4, 2004 in Book 569PR on page 19 of the records of the Lincoln
County Clerk; and
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded August 7, 2007 in Book, 668PR on page 140 of the,records of
the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Corrective War-
ranty Deed recorded August 7, 2007. in Book 668 on page 139 of the
records of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded October 11, 2007 in Book 675 on page 264 of the records of
the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described. in Corrective War-
ranty Deed recorded October 31, 2008 in Book 708 on page 249 of the
records of the: Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded January 23, 2009 in Book 713PR on page 570 of the records of
the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty, Deed
recorded February 27, 2009 in Book 716PR on page 442 of the records
of the Lincoln County Clerk.
ALSO LESS AND EXCEPT the land described in Warranty Deed
recorded March 24, 2009 in Book 718PR on page 531 of the records of
the Lincoln County Clerk.,
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded December 13, 2010 in Book' 758PR on page 565 of the records
of the Lincoln County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded April 25, 2011, in Book 765PR on page 765 of the records of
the Lincoln: County Clerk.
ALSO, LESS AND EXCEPT the land described in Warranty Deed
recorded November 9, 2011 in Book 775PR on page 846 of the records
of the. Lincoln County Clerk.
SUBJECT TO all of the terms, conditions, restrictions, grants and
plat warnings set forth on the official plat of the North Forty Phase One
Subdivision, a/k/a North Forty Subdivision, filed with the County Clerk
of Lincoln County; Wyoming on July 6, 2007, as Receiving
#'930990.
Non- payment existing, acceleration having been declared and the
entire remaining mortgage balance being now due and payable. No
lawsuit has been filed to collect the mortgage debt or any portion thereof;
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;
Take notice that the mortgage will be foreclosed and the above de-
scribed real estate sold by the Sheriff or Deputy Sheriff of Lincoln County,
Wyoming to the highest bidder for cash at public venue at the front' steps
of the Lincoln County Courthouse in Kemmerer, Lincoln County, Wyo-
ming at the hour of 10:00 a.m. on January 17, 2012. The balance due
is $702,109.02 for principal and interest, legal fees and appraisal fees
as of December 7, 2011. An additional sum will also be owed by the
Mortgagor to the Mortgagee for attorney's fees, collection expenses, tax
payments and accruing interest through the date of the foreclosure sale.
The Bank of Commerce- Eastside
Dennis M. Boal
Attorney at Law
P.O. Box 370
Evanston, WY 82931
PUBLISH: Dec. 22, 29,2011; Jan. 5, 12, 2012 1222B
by FTEF e
Notary
00353
KEMMERER, WYOMING
Michael n, Publisher
Subscribed in my presence and sworn to
before me on this 12, day of
jam A.D.
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ensen, Publis
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 consecutive issues /weeks;
the first p blication being on the
.u
day of e '.0 pilyi.\)`eA) 20 11
and the last publication being on the i
PI
day of l./ ajWithi 20 12
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
EXHIBIT C
AFFIDAVIT OF SERVICE OF NOTICE FORECLOSURE SALE
STATE OF WYOMING
)SS
COUNTY OF UINTA
Comes Now, Dennis M. Boal, being first duly sworn under oath, deposes and states:
1. I am an attorney admitted to practice in the State of Wyoming representing the Mortgagee,
The Bank of Commerce Eastside, in a procedure to foreclose the real estate mortgage from Mortgagor,
JM Land Development, LLC, an Idaho limited liability company, Sherry Merritt, individually and Joel
Merritt, and Sherry Merritt, husband and wife„ payable to Mortgagee, The Bank of Commerce
Eastside which Mortgage was recorded on September 12, 2007, in the Office of the County Clerk of
Lincoln County, Wyoming in Book 672 PR, Page 49, by advertisement and sale as provided under the
provisions of Wyo. Stat. §34 -4 -101, et seq. The mortgage was foreclosed by reason of default
having occurred under the terms of the note secured thereby..
2. A copy of the Notice of Foreclosure Sale was served prior to the first date of
publication by certified mail return receipt requested upon the record owner, persons in
possession and all recorded mortgagees and liens subordinate to the Mortgage being foreclosed,
which appear as of record at least twenty -five (25) days before the scheduled foreclosure sale, as
follows:
JM Land Development, LLC
285 Duffin
Thayne, WY 83127
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8056
Sherry Merritt
285 Duffin
Thayne, WY 83127
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8063
Joel Merritt
285 Duffin
Thayne, WY 83127
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8070
Bart F. Merritt
P.O. Box 4478
Bedford, WY 83112
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8087
Deanna M. Merritt
P.O. Box 4478
Bedford, WY 83112
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8094
HK Contractors, Inc.
P.O. Box 51450
Idaho Falls, ID 83405
Certified Mail, Return Receipt Requested 7010 0290 0000 1313 8278
00354
3. The Notice of Foreclosure Sale was served, as described above on December 14 2011.
The first date of publication of the Notice of Foreclosure Sale occurred on December 22, 2011
and the foreclosure sale took place on January 17, 2012.
Page 1 of 2
FURTHER AFFIANT SAYETH NAUGHT
Dennis M. Boal
Attorney at Law
P.O. Box 370
Evanston, WY 82931
Subscribed and sworn to in my presence by Dennis M. Boal this Ivo day of
2012. Witness my hand and official seal
Page 2 of 2
MARYKIM BATEMAN NOTARY PUBLIC 2
COUNTY OF STATE OF
UINTA �t OM
MYCO ISSION EXPIRES AUGUST I
00355
STATE OF WYOMING
)SS
COUNTY OF UINTA
EXHIBIT D
AFFIDAVIT OF ATTORNEY FEES
Comes Now, Dennis M. Boal, being first duly sworn under oath, deposes and states:
1. I am an attorney admitted to practice in the State of Wyoming representing the Mortgagee,
The Bank of Commerce Eastside, in a procedure to foreclose the real estate mortgage from Mortgagor,
JM Land Development, LLC, an Idaho limited liability company, Sherry Merritt, individually and Joel
Merritt, and Sherry Merritt, husband and wife„ payable to Mortgagee, The Bank of Commerce
Eastside which Mortgage was recorded on September 12, 2007, in the Office of the County Clerk of
Lincoln County, Wyoming in Book 672 PR, Page 49, by advertisement and sale as provided under the
provisions of Wyo. Stat. §§34-4-101, et seq. The mortgage was foreclosed by reason of default
having occurred under the terms of the note secured thereby.
2. I will charge as the attorney for the Mortgagee, fees totaling $2,500.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. The above mentioned fee for services rendered and incurred in connection with the
foreclosure shall be retained entirely by my law firm Dennis M. Boal, Attorney at Law. There is no
agreement, express or implied, between me and any other person as an attorney in this foreclosure
proceeding, for any sharing or division of attorney's fees so to be allowed or added to the debt involved.
This fee, added to the debt of the mortgagors, is only as compensation for services actually rendered in
the foreclosure proceeding.
2012.
FURTHER AFFIANT SAYETH NAUGHT
Witness my hand and official seal
Dennis M. Boal
Attorney at Law
P.O. Box 370
Evanston, WY 82931
Subscribed and sworn to in my presence by Dennis M. Boal this liki`( day of
MARYKIM BATEMAN
COUNTY OF
UINTA
MY COMMISSION
NOTARY PUBLIC
STATE OF
WYOMING
Si AUGUST 13,
00356