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HomeMy WebLinkAbout963518STATE OF WYOMING ss. COUNTY OF LINCOLN RECEIVED 3/6/2012 at 10:08 AM RECEIVING 963518 BOOK: 782 PAGE: 388 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFFIDAVIT OF COMPLIANCE 1, JAMES K. SANDERSON, being first duly sworn, upon my oath, depose and state: 1. That I am the attorney for the Bank of Star Valley, Inc. (hereinafter "Mortgagee 2. That according to the information provided to me by my client, the Bank of Star Valley, Inc., DANIEL D. FORD (hereinafter "Mortgagor is in default of certain provisions of the Mortgage recorded the 29th day of August, 2008, executed by said Daniel D. Ford, on or about the 28th day of August, 2008, wherein said Daniel D. Ford, mortgaged to the Bank of Star Valley, Inc., the following described parcel of real property located at 50 W. 6th Avenue, Afton, Lincoln County, Wyoming: The South Half of Lot 4 of Block 29 of the Town of Afton, Lincoln County, Wyoming, also described as follows: Beginning at the Southeast Corner of said Lot 4 and running thence West 20 rods to the Southwest Corner of said Lot 4; thence North 10 rods; thence East 20 rods; thence South 10 rods to the Point of Beginning. EXCEPTING THEREFROM that parcel of land described in that certain Deed recorded August 11, 1998 in Book 415PR, page 619 of the records of the Lincoln County Clerk. 3. Mortgage to the above referenced real estate was recorded on August 29, 2008 in Book 703, Page 578, Receiving No. 941751, in the Office of the Lincoln County Clerk, Kemmerer, Lincoln County, Wyoming. 4. A default in said Mortgage /Loan /Promissory Note has occurred by reason of the failure of the Mortgagor, DANIEL D. FORD, to pay the Affidavit of Compliance Page 1 of 3 00388 00389 principal and interest due thereon to Mortgagee, when the same became due and payable through the original loan /promissory note and /or extensions thereto, and said Mortgagee has exercised its option to declare the debt secured thereby to be due and payable in full, and is now proceeding according to law to advertise and sell said property to satisfy the same. 5. The Mortgagee gave proper notice to the Mortgagor on or about December 16, 2011 via Certified U.S. Mail of its intention to foreclose, pursuant to Section 34 -4 -103 of the Wyoming Statutes 2009. 6. That the last known address of the above named Mortgagor is: Daniel D. Ford P.O. Box 117 Fairview, WY 83119 7. That the principal and interest due and owing as of February 1, 2012 is $92,933.41, plus any ongoing interest, late fees, expenses and attorneys fees, and liens, together with costs of this foreclosure action. 8. That a true and correct copy of the Notice of Foreclosure was sent to the Mortgagor via certified mail on or about the February 1, 2012. 9. That the Notice of Foreclosure was published for four (4) consecutive weeks in the Star Valley Independent newspaper on February 9, 2012; February 16, 2012; February 23, 2012; and March 1, 2012 prior to foreclosure sale by the Lincoln County Sheriff or his deputy. DATED this day of March, 2012. Af'' vit of Compliance Page 2 of 3 JAMES I ERSON anderson Law 1 ffice P.O. Box 159 Afton, Wyoming 83110 (307) 885 -1776 Fax (307) 885 -1961 STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Affidavit of Compliance was SUBSCRIBED AND SWORN to before me, a Notarial Officer, by James K. Sanderson this 0 day of March, 2012. My Commission Expires: `I 7r j Affidavit of Compliance Page 3 of 3 t' k i1i1 L a_. 1/ f l.i'l .6 NOTARIAL OFFICER SAVANNA L. MALL NOTARY P'UlliU COUNTY lac- STA1E LINCOLN WY MING My Commission Expires 00390 If 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 E commencing with the issue date ending with issue dated C `X) 2012. My commission expires August 31, 2013 NOTICE OF FORECLOSURE DEFAULT having been made in regard to certain Extension Agreements dated January 13, 2010 and September 27, 2010; executed by Daniel D. Ford (Borrower /Mortgagor), and payable to the Bank of Star Valley, Inc., (Mortgagee), to secure and payoff one Promissory Note /Loan /Mortgage, Loan No. 124387 LH, dated August 26, 2008; said loan embraces the following described real estate (hereinafter "subject property to wit: Physical address to real estate /subject property is 50 W. 6th Avenue, Afton, Lincoln County, Wyoming and legally described on related mortgage to property as follows: The South Half of Lot 4 of Block 29 of the Town of Afton, Lincoln County, Wyoming, also described as follows: Beginning at the Southeast Corner of said Lot 4 and running thence West 20 rods to the Southwest Corner of said Lot 4; thence North 10 rods; thence East 20 rods;. thence South 10 rods to the Point of Beginning. EXCEPTING THEREFROM that parcel of land described in that certain Deed recorded August 11, 1998 in Book 415PR, page 619 of the records of the Lincoln County Clerk. consecutive issues, 2012, and 2012. Subscribed and sworn in before me this 4 day of Nota eI' ublic Mortgage to the above-refer- enced subject property /real estate was recorded on August 29, 2008, in Book 703, at Page 578, Receiving #941751, in the office of the Lincoln County Clerk, Lincoln County, Wyoming; and WHEREAS, a default in said Mortgage has occurred by rea- son of the failure of the Mortgagor to pay the principal and interest due thereon to Mortgagee, when the same became due and payable through extensions, and said Mortgagee has exercised its option to declare the debt secured thereby to be due and payable in full, and is now pro- ceed according to law to adver- tise and sell said property to satisfy the same; WHEREAS, the Mortgagee has given proper notice of its inten- tion to foreclose pursuant to Section 34 -4-104 of the Wyoming Statutes 2009; TAKE NOTICE: 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; and NOW THEREFORE, NOTICE IS HEREBY GIVEN that the above described real estate will be offered for sale and sold by the 00391 JANA BRYANT NOTARY PUBLIC County of ,yg yj State of Lincoln Wyoming My Commission Expires August 31, 2013 Sheriff of Lincoln County, Wyoming, or his Deputy, to the highest bidder, for cash at pub- lic venue at or near the front door of the Courthouse in Kemmerer,. Wyoming, at the hour of 10:00 a.m. on Tuesday, March 6, 2012, that the principal and interest due and owing on said real estate is $92,933.41 as of December 15, 2011 for Loan No. 124387 LH, and the same shall be due and owing plus any ongoing per diem interest, late fees, expenses and attorney's fees, together with costs of this foreclosure action. ;NOTICE IS FURTHER HEREBY GIVEN that the sale date may be postponed, from time to time, and in any event, said sale will not take place unless a repre- sentative of the above -named Mortgagee is present. BANK OF STAR VALLEY, INC. Mortgagee James K. Sanderson Attorney for Mortgagee P.O. Box 159 Afton, WY 83110 (307) 885 -1776 Telephone Publish February 9, 16, 23 March 1, 2012