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HomeMy WebLinkAbout966331STATE OF WYOMING SS. COUNTY OF LINCOLN Said property was sold to: Name: The Bank of Star Valley Address: P.O. Box 928 Thayne, Wyoming 83127. The amount paid: $336,522.79. CERTIFICATE OF PURCHASE PAGE 1 OF 2 00075 CERTIFICATE OF PURCHASE RECEIVED 8/21/2012 at 10:14 AM RECEIVING 966331 BOOK: 792 PAGE: 75 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I, M. SHANE JOHNSON, SHERIFF OF THE COUNTY OF LINCOLN, STATE OF WYOMING, do hereby certify, pursuant to Wyoming Statutes 34 -4 -101 et seq., that pursuant to the power provided in said statutes, pursuant to the provisions of the Mortgage that was recorded in the Office of the Lincoln County Clerk on June 27, 2002 in Book 493 PR beginning at Page 225 as Instrument No. 882145, and at the request of The Bank of Star Valley, a Wyoming Banking Corporation, as Mortgagee, the owner and holder of said Mortgage and in compliance with the published Notice of Foreclosure Sale that the real property encumbered by said Mortgage would be sold on the steps of the Lincoln County Courthouse, in Kemmerer, Wyoming, on August 21, 2012 at 10:00 a.m., the following described real property located at 101352 Highway 89 in Thayne, Wyoming, was sold: That part of the SE1 /4SW1 /4 of Section 11, T34N, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 360PR on Page 1005 as follows: BEGINNING at the intersection of the south line of the said SE1 /4SW1 /4 and the easterly right -of -way line of U.S. Highway 89, N89 °50'06 "E 10.92 feet from the southwest corner of said SE1 /4SW1 /4; thence N89 °50'06 "E, 338.91 feet, along said south line, to a pipe; thence N01 °06'44 "W, 198.03 feet to a point; thence S89 °50'06 "W, 337.06 feet, along a line parallel with said south line, to a point on said easterly right -of -way line; thence S00 °34'33 "E, 198.01 feet, along said right -of -way line to the POINT OF BEGINNING. I further certify that written Notice of Intent to Foreclose by advertisement and sale was served at least ten (10) days prior to the first date of publication of the Notice of Foreclosure Sale, by certified mail, return receipt requested, upon the owners of the property at their last known address and upon the entity in possession of the property; that record owner and person in possession by Certified Mail, Return Receipt Requested, mailed to the last known address of record at least ten days before the commencement of the first publication of notice, as shown by address of record at least ten days before the commencement of the first publication of notice, as shown by the attached Affidavit; that prior to the first date of publication of the Notice of Foreclosure Sale, a copy of said Notice was served, by certified mail, return receipt requested, upon the owners of the property at their last known address, upon the entity in possession of the property, and upon the entity holding the subordinate lien of record on the property; that due and proper notice of the sale was published as required by law, as shown on the attached Affidavit; that the price for which the real property was sold was the highest price bid therefore, and that said purchaser was the highest bidder for the real property; that that the whole sum so bid was paid; that to my best knowledge and belief, such sale was in all respects honestly and fairly conducted; and that the amount for which the real property was sold was the amount set forth above to satisfy the amount due on the Mortgage at the date of the sale, with interest and costs and disbursements allowed by law, including attorney's fees supported in the attached Affidavit. The purchaser, or purchaser's heirs and assigns, will be entitled to a deed to the real property that was sold at the expiration of the redemption period unless the real property is previously redeemed or the time for redemption is extended as provided by law. IN WITNESS WHEREOF, I have executed this Certificate of Purchase at Kemmerer, Wyoming, this 21st day of August, 2012. ACKNOWLEDGED before me by cht 11. A .+I("d Deputy Sheriff, Lincoln County, Wyoming, this 21st day of August, 2012. WITNESS my hand and official seal. My Commission expires: Ltizitio BY: CERTIFICATE OF PURCHASE PAGE 2 OF 2 M. SHANE JOHNSON, SHERIFF LINCOLN COUNTY, WYOMING DEPUTY SHERIFF lS�alU� KJ.,A2P NOTARY PUBLIC AVANNA L. KRALL NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING My Commission Expires _q,LZ rZ 3 0007f AFFIDAVIT REGARDING SERVICE OF NOTICES REQUIRED BY WYOMING STATUTES 34- 4- 103(a)(iv) AND 34- 4- 104(a) STATE OF WYOMING SS. COUNTY OF LINCOLN FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 I, M. KEVIN VOYLES, of LUTHI VOYLES, LLC, being duly sworn and under oath, state as follows: 1. That I am the counsel for The Bank of Star Valley, the Mortgagee of the Mortgage that was recorded in the Office of the Lincoln County Clerk on June 27, 2002 in Book 493 PR beginning at Page 225 as Instrument No. 882145. 2. That said Mortgage is being foreclosed upon pursuant to Wyoming Statutes 34- 4 -101 through 34 -4 -113, Foreclosure by Advertisement and Sale, pursuant to the terms of said Mortgage. 3. That pursuant to Wyoming Statutes 34- 4- 103(a)(iv), I hereby certify that at least ten (10) days prior to the first date of publication of the Notice of Foreclosure Sale, written notice of intent to foreclose was served by certified mail, return receipt requested, upon the owners of the property at their last known address and upon the entity in possession of the property. Peter F. Moyer, Esq. Registered Agent HGRR Group, LLC P.O. Box 3682 Jackson, Wyoming 83001 -3682 Ray Domecq, Member HGRR Group, LLC P.O. Box 75306 Phoenix, Arizona 85087 -1023 FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT REGARDING SERVICE OF NOTICES REQUIRED BY WYOMING STATUTES 34- 4- 103(a)(iv) AND 34- 4- 104(a) PAGE 1 OF 3 CERTIFIED MAIL NO. 7011 1570 0002 6892 6315 CERTIFIED MAIL NO. 7011 1570 0002 6892 6322 00077 Harry V. Talermo, Member HGRR Group, LLC P.O. Box 4557 Jackson, Wyoming 83001 -4557 Peter F. Moyer, Esq. Registered Agent Wyoming West Designs II, Inc. P.O. Box 3682 Jackson, Wyoming 83001 -3682 CERTIFIED MAIL NO. 7011 1570 0002 6892 6339 CERTIFIED MAIL NO. 7011 1570 0002 6892 6346 0007P 4. That pursuant to Wyoming Statutes 34- 4- 104(a), I hereby certify that prior to the first date of publication of the Notice of Foreclosure Sale, a copy of said Notice was served, by certified mail, return receipt requested, upon the owners of the property at their last known address, upon the entity in possession of the property, and upon the entity holding the subordinate lien of record on the property. Peter F. Moyer, Esq. Registered Agent HGRR Group, LLC P.O. Box 3682 Jackson, Wyoming 83001 -3682 Ray Domecq, Member HGRR Group, LLC P.O. Box 75306 Phoenix, Arizona 85087 -1023 Harry V. Talermo, Member HGRR Group, LLC P.O. Box 4557 Jackson, Wyoming 83001 -4557 Peter F. Moyer, Esq. Registered Agent Wyoming West Designs II, Inc. P.O. Box 3682 Jackson, Wyoming 83001 -3682 The Small Business Administration c/o Mountain West Small Business Finance 2595 East 3300 South Salt Lake City, Utah 84109 -2727 FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT REGARDING SERVICE OF NOTICES REQUIRED BY WYOMING STATUTES 34- 4- 103(a)(iv) AND 34- 4- 104(a) PAGE 2 OF 3 CERTIFIED MAIL NO. 7007 3020 0002 3459 9292 CERTIFIED MAIL NO. 7007 3020 0002 3459 9308 CERTIFIED MAIL NO. 7007 3020 0002 3459 9308 CERTIFIED MAIL NO. 7007 3020 0002 3459 9322 CERTIFIED MAIL NO. 7007 3020 0002 3459 9339 DATED this 21st day of August, 2012. WITNESS my hand and official seal. CHRISTINA K. ALLRED NOTARY PUBLI County of State of Lincoln Wyoming MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: (4-3o--,013 M. Ke in Voyles LUT VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for The Bank of Star Valley NOTARY PUBLIC FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT REGARDING SERVICE OF NOTICES REQUIRED BY WYOMING STATUTES 34- 4- 103(a)(iv) AND 34- 4- 104(a) PAGE 3 OF 3 00079 SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this 21st day of August, 2012. KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to Wyoming Statutes Sections 34 -4 -101 through 34 -4- 113, that a foreclosure sale will be held at 10:00 a.m. on August 21, 2012 on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage to The Bank. of Star Valley from HGRR Group, LLC that was recorded in the Lincoln County, Wyo- ming land records on June 27, 2002 in Book 493PR beginning at Page 225. The property that is the subject of the sale is located at 1013 52 High- way 89 in Thayne, Wyoming and is more particularly described as follows: That part of the SE1 /4SW1 /4 of Section, 11, T34N, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 360PR on Page 1005 as follows: BEGINNING at the intersection of the south line of the said SE1 /4SW1/4 and the easterly right -of -way line of U.S. Highway 89, N89 °50'06 "E 10.92 feet from the southwest corner of said SE1 /4SW1/4; thence N89°50' 06"E, 338.91 feet, along said south line, to a pipe; thence N01 °06'44 "W, 198.03 feet to a point; (thence S89 °50'06 "W, 337.06 feet, along a line parallel with said south line, to a point on said easterly right- of line; thence SO0 °34'33 "E, 1 8.01 feet, along said right way line to the, POINT OF BEGINNING Principal and accrued interest due on the Mortgage as of July 26, 2012 is $316,842.59. Interest is continuing to accrue at the rate of $41.29 per day. The total, amount of principal and interest due on the Mortgage, plus the property taxes for 2011 and the costs of the foreclosure sale, includ- ing attorney's fees and collection costs, totals $333,937.25 as of July 26, 2012, and that amount is now payable in full by Mortgagor to Mortgagee. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. DATED this 26th day of July, 2012. M. Kevin Voyles Luthi Voyles P.O. Box 820 Thayne, Wyoming 83127 0820 Tel: (307) 883 7887 Fax: (307),. 7889 Attorney for The Bank of Star Valley PUBLISH: July 26, August 2, 9, 16, 2012 0726D ROSEMARY CAPELLEA NOTARY PUBLIC COUNTY OF STATE OF LXVCOLN WYOMING MY COMMISSION EXPIRES 5/515 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 Z,iti ,20IZ, and the last publication being on the Ito day of 20 1Z and that said and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) day of Michael Jen Subscribed in my presence and sworn to before me on this 1 to day of A.D., 20 12 b7Michae ensen, Publi h Notary Sign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ublisher 00080 STATE OF WYOMING SS. COUNTY OF LINCOLN FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTES 34- 4- 104(a) AND 34 -4 -112 00081. I, M. KEVIN VOYLES, of LUTHI VOYLES, LLC, being duly sworn and under oath, state as follows: 1. That I am the counsel for The Bank of Star Valley, the Mortgagee of the Mortgage that was recorded in the Office of the Lincoln County Clerk on June 27, 2002 in Book 493 PR beginning at Page 225 as Instrument No. 882145. 2. That said Mortgage provides for attorney's fees if legal action is necessary to collect the debt that is secured by said Mortgage. 3. That said Mortgage is being foreclosed upon pursuant to Wyoming Statutes 34- 4 -101 through 34 -4 -113, Foreclosure by Advertisement and Sale, pursuant to the terms of said Mortgage. 4. That pursuant to Wyoming Statutes 34 -4 -112, I affirm that there has been and that there is now no agreement, express or implied, between The Bank of Star Valley and myself or my law firm, or the law firm of Hirst Applegate, LLP, nor is there any such agreement with any other person or entity, for the sharing or division of the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale. 5. That I further affirm that the attorney's fees included in the amount sought for attorney's fees in said foreclosure sale are compensation for services actually rendered in said foreclosure sale. 6. That balance of said Mortgage as of August 21, 2012, and the costs and attorney's fees of the foreclosure sale are as follows: Mortgage Balance as of 05/24/12 $314,241.32 Accrued Interest from 0/25/12 through 08/21/12 3,674.81 Foreclosure Report 872.00 FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 1 OF 2 Property Taxes for 2011 Insurance for 2011 to 2012 Re -Key Fee Postage Publication Costs Legal Fees Recording Fees DATED this 21st day of August, 2012. WITNESS my hand and official seal. CHRISTINA K. ALLRED NOTARY PUBLI County of 'jt State of Lincoln Wyoming MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: q F' ..,9 3,692.13 4,123.09 145.00 59.50 390.00 9,284.94 40.00 $336,522.79 FORECLOSURE SALE THE BANK OF STAR VALLEY HGRR GROUP, LLC AUGUST 21, 2012 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTE 34- 4- 104(a) AND 34 -4 -112 PAGE 2 OF 2 M. Ke in Voyle LUTH VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for The Bank of Star Valley, NOTARY PUBLIC 0008 SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this 21st day of August, 2012.