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Home My WebLink About965459RECEIVED 7/9/2012 at 2:13 PM RECEIVING 965459 BOOK: 789 PAGE: 188 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE ss. D al 88 Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of that certain promissory note (the "Note dated June 8, 2006, and the Change in Terms Agreement dated June 23, 2009, executed and delivered by Robert J. Kwallek and Kelly L. Kwallek "Mortgagors), and a real estate mortgage (the "Mortgage dated June 8, 2006 securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to First Interstate Bank "Mortgagee and which Mortgage was recorded on June 9, 2006, in Book 622, page 685, Receiving No. 919200 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 as follows, to -wit: Lot 645 "C" Lakeview Estates, according to that plat of record in the office of Lincoln County Clerk, Lincoln County, Wyoming, more particularly described as follows: Commencing at a point N82 °00'E, 862 feet from the Northwest Corner of the SW1 /4 of the SE1 /4 of Section 29, T37N, R1 18W, 6thP.M., the point of beginning; thence S72 °35'E, 144.7 feet; thence S23 °45'W, 85 feet; thence S90 °00'W, 142 feet; thence N16 °20'E, 125 feet to the point of beginning. with an address of 146 Trail Drive, Alpine, Wyoming 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. ea dicateefft recogw.by Arbacc Titie voriEsarow oft yomiL 6 acourozy oti4y 00189 4. That the power of sale contained in the Mortgage having been made operative by reason of such default First Interstate Bank, P.O. 11095, Jackson, Wyoming 83001 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 the commencement of the first publication of the foreclosure sale notice, as shown by a copy of 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 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 June 14, 2012 issue of said newspaper and ending with the July 5, 2012 issue thereof; that said notices were mailed, certified mail, return receipt requested, to all parties as required by Wyoming statues, as shown by the affidavit attached here to as Exhibit A and by this reference made a part hereof; and that said notices 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 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 July 6, 2012 at 10:00 o'clock in the forenoon, 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 Twenty Six Thousand Five Hundred and no /100ths Dollars ($26,500.00 "Bid Sum which was bid and offered by First Interstate Bank of P.O. Box 11095, Jackson, Wyoming, 83001 "Successful Bidder and that after soliciting and calling for other and higher bids therefore, 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 $1,500.00 is to be paid to King King, LLC, 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 the period of redemption, unless the property is redeemed prior to that date as provided by law. This Certificate of Sale is made in duplicate as provided by Wyoming Statute 1 -18 -102. DATED this 6 day of July, 2012. STATE OF WYOMING ss. COUNTY OF LINCOLN Witness my hand and official seal. My commission expires: M. Shane Johnson Shane Johnson, Sheriff in and for Lincoln County, State of W oming By: Print Name: Title: ACKNOWLEDGEMENT SAVANNA L. MALL NOTARY PUBLIC I COUNTY OF sTATE OF LINCOLN WYOMING <r? 4 My Cemniission Expir l Cory Stoof Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Sheriff of Lincoln County, Wyoming this 6 day of July 2012. Notary Public 00190 STATE OF WYOMING COUNTY OF TETON AFFIDAVIT OF COMPLIANCE WITH WYOMING STATUTE §34- 4- 103(iv) and 34- 4- 104(a) ss. BRET F. KING, being first duly sworn, deposes and states as follows: 1. I am the attorney for First Interstate Bank. Ex 4 0 0 1 9 1_ 2. On June 8, 2006, a promissory note "Note ")and a Change in Terms Agreement dated June 23, 2009, were executed and delivered by Robert J. Kwallek and Kelly L. Kwallek "Mortgagors and a real estate mortgage (the "Mortgage dated June 8, 2006 securing the Note and Change in Terms Agreement, was executed and delivered by said Mortgagor(s), to First Interstate Bank "Mortgagee and which Mortgage was recorded on June 9, 2006, in Book 622, page 685, Receiving No. 919200 in the Records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming 3. Mortgagors are in default of said Note and Mortgage. 4. Advertisement of notice of foreclosure and sale was published in the Kemmerer Gazette for four consecutive weeks beginning June 14, 2012. 5. Pursuant to Wyoming Statute §34- 4- 103(iv), I certify that on May 9, 2012, written notice of intent to foreclose by advertisement and sale was duly served by certified mail with return receipt requested upon Mortgagors at their last known addresses. 6. Pursuant to Wyoming Statute §34- 4- 104(a), I certify that on June 8, 2012 a copy of the Notice of Foreclosure was duly served by certified mail, with return receipt requested upon Mortgagors at their last known address. Forms bk220202 July 2012. RACHEL J. BL,OCK. NOTARY PUBLIC COUNTY OF Y, STATE OF TETON 4 1 WYOMING MY COMMISSION EXPIRES DECEMBER 7, 2014 F. KING SUBSCRIBED AND SWORN to before me by Bret F. Kinlg/diiiis L-e k day of CI t NOTARY PUBLIC My commission expires: N2 L -1 I `q 00192 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 4 4G _)sV\h\ KEMMERER, WYOMING ROSEMARY CAPELLEN NOTARY PUBUC COUNTY OF STATE OF LINCOLN 1 p MWOMING MY COMMISSION EXPIRES 5/5/18 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 14 day of 20 12 and the last publication being on the 5 day of 20 12. and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michae sen, Publisher Subscribed in my presence and sworn to before me on this 5 day of A.D., 20 12 ensen, Publi.h Notary Sign re STATE OF WYOMING )ss. COUNTY OF LINCOLN 00193 STATE OF WYOMING COUNTY OF TETON AFFIDAVIT OF ATTORNEY'S FEES ss. 001.94 BRET F. KING, being first duly sworn, deposes and states as follows: 1. I am the attorney for First Interstate Bank. 2. On June 8, 2006, a promissory note "Note ")and a Change in Terms Agreement dated June 23, 2009, were executed and delivered by Robert J. Kwallek and Kelly L. Kwallek "Mortgagors and a real estate mortgage (the "Mortgage dated June 8, 2006 securing the Note and Change in Terms Agreement, was executed and delivered by said Mortgagor(s), to First Interstate Bank "Mortgagee and which Mortgage was recorded on June 9, 2006, in Book 622, page 685, Receiving No. 919200 in the Records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming 3. Mortgagors are in default of said Note and Mortgage. 4. The property attached to said Mortgage is scheduled to be sold at 10:00 a.m. on May 19, 2009, at the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming 83101. 5. Pursuant to Wyoming Statute §34 -4 -112, I certify that there is no agreement, express or implied, between myself and my client, nor between myself and any other person except a practicing attorney of this state engaged with me as an attorney in the foreclosure proceeding, for any sharing or division of said fee so to be allowed or added to the debt involved, and said fee when so allowed or added to the debt shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in this state and residing therein. F. KING SUBSCRIBED AND SWORN to before me by Bret F. King, this L day of April 2009. RACHEL J. BLOCK NOTARY PUBLIC COUNTY OF STATE OF TETON WYOMING MY COMMISSION EXPIRES DECEMBER 7, 2014 N TARP PUBLIC My commission expires: \2_ J t l� Affidavit of Attorney's Fees Burch Foreclosure 2 00195