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Home My WebLink About962996STATE OF WYOMING COUNTY OF TETON 354,007.89 37,276.36 100.00 492.08 3,576.00 $395,452.33 ATTORNEY'S AFFIDAVIT IN FORECLOSURE ss. Amy W. Potter, being first duly sworn upon oath, deposes and says as follows, based upon her information and belief: 1. That AgriStar, Inc. dba Tri -State Imagine, LLC, Jody Simkins and Kris Simkins, and Gale L. Haderlie, as Successor Trustee on behalf of Gale L. and Shirley R. Haderlie Family Trust, dated December 28, 1999, as borrower and/ or mortgagor, have failed to pay the principal and interest, when the same became due and payable, and otherwise has defaulted in the performance of the conditions and terms of the recorded mortgage in favor of First Interstate Bank encumbering the real estate referred to in paragraph 6 below. The mortgagee has elected to declare the entire balance due and payable and to exercise the power to foreclose the mortgage by advertisement and sale as provided in the mortgage. 2. That no suit has been instituted at law to recover the balance of the debt secured by the mortgage. The following amounts are due as of January 31, 2012, in accordance with said mortgage and the related note: unpaid principal unpaid interest to -date late fee foreclosure costs to -date legal fees incurred to date Total Due RECEIVED 1/31/2012 at 10:08 AM RECEIVING 962996 BOOK: 780 PAGE: 364 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3. That the mortgage containing the power of sale has been duly recorded. 4. That written notice by certified mail with return receipt of the intent to foreclose by advertisement and sale has been mailed to the last known address of the mortgagor, the record owner, and the person in possession of the mortgage property, if any other than mortgagor, at least ten (10) days before the commencement of publication of notice of sale. 5. That Notice of Mortgage Foreclosure by Advertisement and Sale has been duly given to the Mortgagor. 6. That the property which is the subject matter of this foreclosure is described as follows: Lot 1 of Haderlie First Addition to the Town of Afton, Lincoln County, Wyoming, as described on the official plat filed December 27, 2001 as Instrument No. 878202 of the records of the Lincoln County Clerk 00364 7. That the Affiant is an attorney admitted generally to practice in the State of Wyoming and represents the Mortgagee. There has been and is no agreement, express or implied, between affiant and the mortgagee, or any other person, for sharing or division of the attorney's fee to be allowed or added to the debt involved. 112. STATE OF WYOMING COUNTY OF TETON Subscribed and sworn to before me by Amy W. Potter this 30th day of January, 2012. SEAL 8. That this Affidavit is made in compliance with Wyo. Stat. 34 -4 -103 and 34 -4- Dated this 30th day of January, 2012. ss. WITNESS my hand and official seal. MELCHOR D. MOORE NOTARY PUBLIC COUNTY OF jwZgi` STATE OF TETON WYOMING MY COMMISSION EXPIRES APRIL 7, 2014 0 11� l Amy Walace Potter ATTORNEY'S AFFIDAVIT IN FORECLOSURE Page 2 Nota Public Attach Proof of Publication from Newspaper and Copy of the Notice of Foreclosure Sale as it appeared in the Newspaper. 00365 V1111, L.V. LV I L I VVI III KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazetta Kemmerer, Wyoming NOTICE OF FORECLOSURE SALE WJTltZAS, default in the payment of principal and interesthas oc- curred under the terms of a Promissory Note (the "Note dated July 23, 2007, executed and de,livered byAgriStar, Inc; dbaTti Statelinaginc, LLC, 'Jody Simkins and Kris Simkins, to ;First Interstate Bank, and all Amend- ments and/or Changes in Terms thereto and aMortgage (the "Mortgage. dated December.8, 2008, which Mortgage was executed anddelivcrcd by .Gale L. Haderlie, as Successor Trustee on behalf of Gale L. and Shirley R. Haderlie Family Trust, dated December 28, 1999 ("Mortgagor"), to First.Intorstote Bank. and which Mortgage was' recorded on December 5, 2008 as Document No. 944206 in Book 710, Page 6411 in the Records' of the Office of.the County. Clerk in for Lincoln Count; State of Wyoming; WHEREAS, the Mortgage contains a power of sale,which, by reason of said default, First Interstate Bank declares to become operative,, and no suitor proceeding has been instituted at law, to recover the debt secured by the Mortgagt~, br any putt thereof, nor.* a n y such suit or proceeding instituted and tiro Same'discontinued; WHEREAS, the :written Notice of Inten't'to Foreclo the Mortgage by Advertisement and Sale and the Notice' of Foreclosure Sale has been served on the record owners, the parties in poi session of the mortgaged premises and holders of recorded liens, at least ten, (10)'days prior to the commencement of this publication and it least twenty- five '(25) days prior to the date of the foreclosure, sale, and the amount due upon the Mortgage on the'date.of the first Publication'of,Notice of Sale (January 5,.20.12) is' the'total Sum of $389,871,31 sum is the unpaid principal,balance of $354,007.89 plus interest'a'cs to the date of the first publication of this Notice in the'amourit of $35,76.3.42 plus late fee of..$100.00) plus attorneys' fees, and costs' expended; plus 'aceruing interest, late charges, attorneys' fees and costs'incuried after the date of first publication of this Notice of Sale and WHEREAS, 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 fide before submitting a bid; NOW, ThERBFORE, FirstInterstate Bank as the Mortgagee, will have the Mortgage foreclosed as provided 'by law. by causing the'inortgaged property to be sold at public vendue by the Sheriff orDeputy Sheriff in and for L incoln County, Wyoming to the highest bidder for cash at 10:00 a.m. on 'January 31, 2012 at the front steps of the Lincoln County Courthouse located at 925 Sage Avenue, 'Kemmerer, Wyoming, Lincoln County, for application on the above•described anrarurts secured by the Mortgage, said mortgaged piop'erty being described as follows: 'Lot 'I of Haderlie First Addition to thelbwn of Afton, Lincoln County, Wyoming, as described on the official plat filed December 27, 2001 as Instrument No: 878202 of the records of the,Lincoln County Clerk With an address of Lot 1 Haderlie 1 Addition, Afton, WY 83110. Together with 'all iniprovemedts thereon and all fixtures and appurte nances thereto. Amy W. Potter' Garland, Ford Potter, LLC PO Box 4310, 235 E. Broadway Jackson, WY 83001 (307) 733 -0661 'Attorneys for ?irst Interstate Bank PUBLISH: Ian, 5, 12, 19, 26, 2011 (1028.7) 0105D Subscribed in my presence and sworn to before me on this '.2 day of A.D., 20, 12. 1 ba1irh3e1 Jensen Publ Michael 3 KEMMERER, WYOMING ,I'ity nt rr Notary Sig IVV, J7V7 F. STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 S day of 20 t Z and the last publication eing on the IL day of j]1t'Atz ,20 I 2, and that said advertisement appeared In each and every number of said newspaper during the period of publication as above stated. (Signed) ii �s,K' Cr'nry n� 'a .i t' i I C ';9 Ylva:.:;g ,s- .npn a +'ems .s4 1 ;i; t ��i rAt'il, 1,41 Il0 {'%fiY rii411(; CI 5!, Ii �t I u'�rin C ti i.';% w t! r nJ wa i.. M.n,�e �'a ,s r, p r,'- qY I y,yp.,Y, Publisher