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HomeMy WebLinkAbout964040D v CO rn 3 It 7. z n u w w LI STATE OF WYOMING COUNTY OF LINCOLN states and certifies as follows: :SS 1. That he is the duly State of Wyoming, and makes this CERTIFICATE OF SALE of lawful age, being first duly sworn upon his oath, elected and acting Sheriff in and for Lincoln County, Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated August 14, 2006, executed and delivered by Jonathan Teichert, a single man to First Interstate Bank and (b) that certain mortgage dated August 15, 2006, (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor, to said mortgagee, and was recorded on August 15, 2006 at Book 630, Page 278, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: LOT 95 OF ALPINE MEADOWS SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED AUGUST 23, 2005 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT No. 206-A. with an address of: Lot 95 of Alpine Meadows Subdivision, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 0038? 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, First Interstate Bank "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention 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. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the The Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the March 8, 2012 issue of said newspaper and ending with the March 29, 2012 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On April 10, 2012, at 10:00 o'clock in the morning, at the front door of the Lincoln County Courthouse, in the City of Kemmerer, Lincoln County, State of 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; and that the highest and best sum bid for said real property was the sum of $15,000 "Bid Sum which was bid and offered by First Interstate Bank "Successful Bidder and that after soliciting and calling for other and higher bids therefor, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $961.00 is to be paid to Crowley Fleck PLLP, the attorneys for Mortgagee as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after April 10, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this April, 2012. vite F h'eriff in and for Lincoln County, State of Wyoming By: r Print Name: S4 Title: APY $4,4 00388 day of STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by t c s Deputy Sheriff of Lincoln County, State of Wyoming, this CC i t t day of April, 2012. Witness my hand and official seal. My Commission Expires: :SS ACKNOWLEDGMENT Notary Public SAVANNA is KRAL NOTARY 'UBLIO COUNTY OF 4, STATE OF LINCOLN wvommq ,_1 My. Commission Exp tes 00389 STATE OF MONTANA :ss County of Missoula Benjamin P. Hursh of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Crowley Fleck PLLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated August 14, 2006, (the "Mortgage and recorded on August 15, 2006, at Book 630, Page 278, in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Jonathan Teichert, a single man "Mortgagor the named mortgagor(s), and First Interstate Bank is the named mortgagee; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person 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, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 7011 1570 0003 4474 3867 CERTIFIED MAIL NO. FSN: Jonathan Teichert 120 Collett Avenue Cokeville, WY 83114 -0190 CERTIFIED MAIL NO. NOI: 7011 1 570 0003 4474 3874 CERTIFIED MAIL NO. FSN: Occupants 120 Collett Avenue Cokeville, WY 83114 -0190 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE FURTHER AFFIANT SAYETH N UGH CERTIFIED MAIL NO. NOI: 7011 1570 0003 4474 3850 CERTIFIED MAIL NO. FSN: Jonathan Teichert P.O. Box 190 Cokeville, WY 83114 -0190 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 16, 2012 and the date of the first publication of the notice of foreclosure sale was March 8, 2012. By: l,. Beimin P. Hursh Crowley Fleck PLLP P.O. Box 7099 Missoula, MT 59801 406 -523 -3600 (101 West Brundage St., Sheridan, WY 82801) 00390 Subscribed in my presence and sworn to before me by Benjamin P. Hursh this day of April, 2012. w;t n tuna ,.,a ,.f ial seal. DAWN L HANNINEN NOTARY PUBLIC for the State of Montana Residing at Missoula, Montana My Commission Expires February 14, 2016 My Commission Expires: otary Public 00391. KEMMERER GAZETTE \FFIDAVIT Or N t BLIC \•IIM Kclnlncrcr (.azcnc K "uncre: \\Vun1i1 g Exhibit B FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated August 14, 2006, executed and delivered by Jonathan Teichert, a single man, "Mortgagor to First Interstate Bank, and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor, to said Mortgagee, and which Mortgage was recorded on August 15, 2006, at Book 630; Page 278 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit, or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertlserent and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $61,81602, which sum consists of the unpaid principal bal- ance of $60,489.35 plus interest accrued to the date of the first publication of this notice in the amount of $1,316.67, plus late charges in the amount of $10.00, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE, First Interstate Bank; as the Mortgagee,` will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming, to the highest bidder for cash at 10:00 o'clock a.m. on April 10, 2012, at the front door of the Lincoln County Courthouse, in Keininerer, Lincoln County,' Wyoming, for application on the above- described amounts secured by the Mortgage, said mortgaged property being described as follows, to -wit: LOT 95 OF ALPINE MEADOWS SUBDIVISION, LINCOLN COUNTY, WYO- MING, ACCORDING TO THAT PLAT FILED AUGUST 23, 2005 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT No. 206 -A. with an address of: Lot 95 of Alpine Meadows Subdivision, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. First Interstate Bank By: /s/ Benjamin P. Hursh Benjamin P. Hursh Crowley Fleck, PLLP P.O. Box 7099 Missoula, MT 59801 406 523 -3600 PUBLISH: March 8, 15, 22, 29, 2012 (34- 467 -024) 0308G 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 1, and the last publication being on the 49 day of L*V1 GO.& 20 i Z and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J:i Publisher e... ....w:D C T -n..�. kG:•ir �.i%df CAN: I.1 i1 NO'1 (lief 1 :";if$L r County d ^�tge. of t.mroln Ydynrniqg R "v ('iTnmissi »r .''s )hv ?ill? w el. .s..,.., s..:. no S.... Subscribed in my presence and sworn to before me on this _21 day of by Michael Jensen, Publis t)ok)(C tl� Notary Si KEMMERER, WYOMING A.D., 20 ►7 •nature STATE OF WYOMING )55. COUNTY OF LINCOLN 1) 33 STATE OF MONTANA County of Missoula :SS nese my hand and official N•• N /y DAWN L HANNINEN pTAq�q� NOTARY PUBLIC for the State of Montana SEAL Residing at Missoula, Montana s i Commission Expires )4. sior &e14, 2016 EXHIBIT C AFFIDAVIT OF ATTORNEY Benjamin P. Hursh, of lawful age, being first duly sworn upon his /her oath, deposes and says: 1. That he is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Crowley Fleck PLLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Crowley Fleck PLLP, as attorneys for the Mortgagee will charge the Mortgagee fees totaling $961.00 as compensation for services actually rendered in the foreclosure proceeding. 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Crowley Fleck PLLP. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIANT SAYETH NAUGHT. By: Benjamin Hurs Crowley Fleck PLLP P.O. Box 7099 Missoula, MT 59801 406 -523 -3600 (101 West Brundage St., Sheridan, WY 82801) Subscribed in my presence and sworn to before me by Benjamin P. Hursh this day of April, 2012. seal. c,1 Notary Public 00393