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HomeMy WebLinkAbout962822SHERIFF'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 Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802. WHEREAS, a Mortgage was executed by Douglas J. Carpenter on June 27, 2008, to Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, Mortgagee, for the following described real property: Lot 1 of Double D Horse Property, Lincoln County, Wyoming as described on the official plat filed January 15, 2008 as Instrument No. 936254 of the records of the Lincoln County Clerk, which Mortgage was on July 2, 2008, duly recorded at Book 699, Page 73, 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 Douglas J. Carpenter, a single man. 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: Dec. 8, 15, 22, 29, 2011, as is more fully shown by the Affidavit of Publication 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: January 10, 2012, at 10:00 a.m. Said sale was made by me, and the above described property was sold to Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802, in the sum of $122,400_00 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 Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802, 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 orh January_ 201 2 RECEIVED 1/19/2012 at 10:28 AM RECEIVING 962822 BOOK: 779 PAGE: 498 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WITNESSETH: By: SHERIFF OF LINCOLN COUNTY STATE 0 MING Cliff Boyd Sheriff /Deputy day of 0 STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Cliff Boyd as Deputy Sheriff of Lincoln County this 10thday of SAVAN t 1 R;1LL NOTARY PUBLIC COUNTY OF bf1i LINCOLN Its `fi WYOMING My Commission Expires My Commission expires: '2 January ,2012. Signature of Notarial Officer Title and Rank Notary Public 00499 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF FORECLOSURE SALE Default,hav been made i n thecond of that certa Mortgpropeage lead fete June 27, 2008, given by .Douglas J. Carpenter, to Vanderbilt dortg and Finance, Inc„ n a Tennessee corporation, to secure the I me nt certain. P romissory Note ,of even date therewith, which Iort gage embraced the following r e al property to -wit: Lot 1 of Double D Horse „Property, Wyoming as tescriled,on, the official plat tiled January Lincoln 15, 2008 as County Instrument No. of the records of the Lin Cou Cl e rk, also known as 1 410 County Road F 14 Freedom, WY 83120, which mortgage was on July 2, 2008, duly recorded at Book 699, eed Page re 73, i n. the Office of,the County Clerk and Ex- Officio Register of Ds f Lincoln County,; Wyoming. The current record owner of the property is Douglas, J. ,,Carpenter, a single _man. That the note is in default; and WHEREAS, the dei ault.in said Mortgage has occurred by reason of the `f oi' the Mortgagor or `assignees to pay the principal and iluerest dire n tereon )when ,the same became due and pr payable and said the Mortgage cortta tlaed:a power of sale to the effect that a default occurring i 0 t authorize the Mortgagee or its assign at o th e ir. option to d the debt secured thereby to be due and pay le•aisfy nd proceed accor to law to advertise and sell said rty to the same, an WHEREAS, ;no suit or proceeding has been instituted at law to recover de remain secured be by said d Mortgage, or an p art thereof, or if tid„such,.tion;has en iscontinued; and Vanderbilt Mortgage d F Inc.,. a Tenn corporation, P.O. 9800, Mary ville, 1p 37802, ^is, the'owner of said essee Note and M ortga of ge; Box and V ;REAS, written notice of intent to foreclose the Mortgage verti sement and s ale has be en. served upon the, record owner and party possession nore ten days prior to the first.date of publication of isonotice NOW THEREF N is hereby given that the above described al property will be offere for sale and so by the Sheriff of Lincoln County Wyoming, or his Deputy, to the highest bidder for cash-at public endue at the front door of the Lincoln County Courthouse, Kemmerer, yoming, at the hour of 10:00 a.m., on January 10, 2012. However, Irsuant to W.S., §:1- 18- 101(a)(iii), such sale shall not be held unless a presentative of the Mortgagee is present. There is due and owing as of the first date of publication the sum of $135,554.09. Publication will be Dee. u 8, 15, 22, 29, 2011. Such sum Will continue to accrue interest, late charges, andany other penalties as provided by the mortgage, all, to the ste 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 acumbrances that will not he extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, Mortgagee PUBLISH; Dec. 8, 15, 22, 29, 2011 c/o Patton and Davison Attorneys; at Law P.O. Box 945 Cheyenne, Wyoming 82003 1208 y- MichaelJ, ensen, P A KEMMERER, WYOMING Notary ature 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 day of t JC(`S'it'1.1: l 20 i t and the last publication being on the .9 da of Lfo'I( rtii) 20 k 1 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael en, Publisher .qr wn... ,••nKs. /n.M -Aww.. R ;i 'r CAP EL I L rN UUTARY PUBLIC, Cos uy of Sf:ofo of I a n �In t t 4fynI ing Rtlni; ;ion F x. it s Mrav r 2 012 Subscribed in my presence and sworn to before me on this 2`;' day of J A.D., 20 ,t t STATE OF WYOMING )ss. COUNTY OF LINCOLN u0500 NOTICE OF INTENT TO FORECLOSE MORTGAGE TO: Record Owner and Party in Possession: Douglas J. Carpenter P.O. Box 365 Freedom, WY 83120 Douglas J. Carpenter 1410 County Road F114 Freedom, WY 83120 TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular Wyoming Statutes §34 -4 -103, you are hereby notified that Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN 37802, Mortgagee, intends to foreclose by advertisement and sale that certain mortgage given and executed by Douglas J. Carpenter to secure a Mortgage Note given and executed by Douglas J. Carpenter to Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation. The mortgage was executed on June 27, 2008, and was recorded on July 2, 2008, at Book 699, Page 73, 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 Douglas J. Carpenter, a single man. There is due and owing as of the date of first publication the sum of $135,554.09. 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 1 of Double D Horse Property, Lincoln County, Wyoming as described on the official plat filed January 15, 2008 as Instrument No. 936254 of the records of the Lincoln County Clerk, by certified mail, with return receipt requested, mailed to your last known address ten (10) days before the coirunencement 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 $135,554.09; (2) The name of the creditor to whom the debt is owed is Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation; (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; (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. 00501 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 Dec. 8, 15, 22, 29, 2011. Sale of the premises will be conducted by the Sheriff of Lincoln County, Wyoming on January 10, 2012, at 10:00 a.m., at the front door of the Lincoln County Courthouse, Kemmerer, Wyoming. Dated November 15, 2011 By: Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation Joh atton of Patton Davison P.O. Box 945 Cheyenne, Wyoming 82003 (307) 635 -4111 Attorneys for Mortgagee 00502 STATE OF WYOMING ss. COUNTY OF LARAMIE 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 January 10, 2012, at 10:00 a.m. 4. That there is no agreement, express or implied, between himself and my client, Mortgage and Finance, Inc., a Tennessee corporation, of P.O. Box 9800, Maryville, TN between myself and any other person for any sharing or division of the $800.00 fee charged for this foreclosure except with partners of Patton Davison or other attorneys hire to participate in the foreclosure action, or other parties entitled to a fee through network agreements. 5. That the mortgage referred to was given by Douglas J. Carpenter, to Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, Mortgagee, for the following described real property: Lot 1 of Double D Horse Property, Lincoln County, Wyoming as described on the official plat filed January 15, 2008 as Instrument No. 936254 of the records of the Lincoln County Clerk, which mortgage was recorded on July 2, 2008, at Book 699, Page 73, 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 Douglas J. Carpenter, a single man. FURTHER AFFIANT SAYETH NAUGHT. DATED November 15, 2011. STATE OF WYOMING COUNTY OF LARAMIE The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on November 15, 2011. (Seal) My Commission expires: ATTORNEY'S FEE AFFIDAVIT Joh atton WSB #5 -1608 of Patton Davison Signature of Notarial Officer Notary Public Title and Rank 00503 Vanderbilt 37802, nor which was as we may foreclosure STATE OF WYOMING ss. COUNTY OF LARAMIE I, John C. Patton, being first duly sworn upon my oath, depose and state as follows: 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 and a Notice of Foreclosure Sale to be sent to: Record Owner and Party in Possession: Douglas J. Carpenter P.O. Box 365 Freedom, WY 83120 Douglas J. Carpenter 1410 County Road F114 Freedom, WY 83120 by Certified Mail with Return Receipt Requested, on November 15, 2011, at least ten (10) days before the commencement of publication of the Notice of Sale. FURTHER AFFIANT SAYETH NAUGHT. DATED November 15, 2011. STATE OF WYOMING COUNTY OF LARAMIE (Seal) AFFIDAVIT OF MAILING PAMELA SPORTS NOTARY PUOUO L s Commission Expires September 22, 2016 My Commission expires: Junior Lienholders: None of Record 411011e Jo atton of Patton Davison The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on November 15, 2011. Signature of Notarial' Officer Notary Public Title and Rank 0 504