HomeMy WebLinkAbout970023CERTIFICATE OF SALE ON MORTGAGE FORECLOSURE
\765 i 120A- LI
RECEIVED 3/19/2013 at 10:10 AM
RECEIVING 970023
BOOK: 807 PAGE: 113
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Page 1 of 3
001
of lawful age, being first
duly sworn upon his /her oath, according to law, deposes and says:
1. That he /she is now, and was at all times herein mentioned a duly
appointed qualified and acting Deputy Sheriff of Lincoln County, Wyoming.
2. That the Mortgagee caused a notice of the following described mortgage
foreclosure sale to be published once a week for four consecutive weeks, in the Star
Valley Independent, a newspaper printed, published and of general circulation in
the County of Lincoln, State of Wyoming, the said publication having been made on
February 20, 2013, Feb 27, 2013, March 6, 2013 and March 13, 2013; that said
Notice of Mortgage Foreclosure Sale was given in the manner and for the time
required by law; that all acts had and done hereunder were in accordance with and
conformity to the requirement of law in such case made and provided; and that
Proof of Publication of said Notice of Mortgage Foreclosure Sale, together with a
true copy of said Notice, is attached hereto, marked Exhibit "A and by this
reference made a part hereof.
3. That on the 19th day of March, 2013, at the hour of 10:00 o'clock a.m. at
the front door of the Courthouse of the County of Lincoln, State of Wyoming, in
Kemmerer, Wyoming, the same being also the place of holding Court in said
County, and at public venue, to the highest bidder for cash, he /she offered the sale
the following described lands and premises as a whole, and then sold said lands and
premises as a whole for the sum of $203,769.94 having bid fairly and in good faith
therefore, and being the highest and best bidder, for all of said lands and premises;
being particularly described as follows, to -wit:
Lot 54 of Afton Airpark Addition to the Town of Afton, Lincoln County,
Wyoming as described on the official plat No. 167 -C filed on August 1,
2005 as instrument No. 910442 of the records of the Lincoln County Clerk.
4. That the sale of the herein described lands and premises were sold based
upon a foreclosure sale, which mortgage deed was filed in the record of the office of
the County Clerk and Ex- Officio Register of Deeds for Lincoln County, Wyoming in
Book 728, Page 110, which mortgage was acquired by Bank of Star Valley. That the
debt secured by said mortgage deed at the time of said sale, including principal,
interest, advances, fees, costs, expenses of foreclosures was the actual sum of
$203,769.94.
5. That in support of the sale Spencer L. Allred of Bowers Law Firm, PC,
attorney at law an attorney admitted generally to practice in the State of Wyoming
and representing Bank of Star Valley filed an affidavit duly made and executed
which is attached hereto as Exhibit "B" and by this reference made a part hereof.
6. That said Bank of Star Valley bid the highest bid amount of $203,769.94
and as such is the purchaser of the herein described property.
7. That said Bank of Star Valley being the purchaser of all the above
described lands and premises as aforesaid, said Bank of Star Valley its successors
and assigns, will be entitled to a deed for said lands and premises on and after the
20th day of July, 2013, said date being after the expiration of three (3) months plus
thirty (30) days from the date of sale, unless the same shall be redeemed prior to
that date as provided by law.
Page 2 of 3
00114
IN WITNESS WHEREOF, he /she has hereunto signed his /her name this
day of March, 2013.
STATE OF WYOMING
COUNTY OF LINCOLN
By:
WHITNEY HYSELL- NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires 1 l I
s s.
WITNESS my hand and official seal.
My commission expires: I, 10 d
1 1 .4-fri-e_ F a7t14.SCIr
heriff of Lincoln County, Wyoming
Page 3 of 3
00115
The foregoing instrument was acknowledged to before me
J�ln �l �7 C n oar vi on the k day of March,
2013.
NOTARY PUBLIC
FORECLOSURE SALE NOTICE
WHEREAS, default in the 'pay-
ment ,of' principal and interest
has occurred under the terms A
of x ,,a promissory note k (the
ote datedr July 20,20091„ exe-
cuted; and delivered by G ^Barr
r
v nrn
McCutcheon "Mortga
The Bank of Star
real "estate mortgag
M );,;of the P same
securin
Mortga€
deliverer
said ;Mortga
Mortgage', was rec or.
22,2009 as ocumen
9,4847`,4in Boo
the +records o
County Cler'
Register
Lincoln
Wyoming, a
EREAS `the
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 ent' issue of said newspaper, and not in any supplement
thereof, for -thy Ste, consecutive issues,
commencing with the issue date =�-l2 c�� 2013, and
ending with issue dated
Subscribed and sworn in before me this
C�1 2013.
My commission expires August 31, 2013
ed at lawt
ortgage con
tar a power of s�al by
rea of 3 said defaul th e
e ,r ye 1 G m mh a
Mortgag d ec c l are s� to> h ave
one no
or procee
i g has b tut
o recover the debt
thegMortga
k part t hereof, nor” has any
i s or r Y pr o cc ending been
ituted�andthe=sarne,d i
C■a 2013.
No
ublic
NOW'THER T a h azz
St V a ll e y ,M ortgag
i t r e e s�tw�tl �tw�
the M or tgage fo
taw;, provide b +t
m o rt gage d p rop er t yt t o b es o ld
WHE written notice of at pu venue b y th e Sh o r
inte t f th e Mortgag Depu t S heriff w n an f or;
by a dv erti s e ment a n d 'sale h as 1 in
unty, t O t he•
been serv p on t he re g hest
b dd f c oa oo 10 0 0..
owner and t party, in po s s e s o c k ink the f re n n
201'r3 f
stop o the mortg p remises
at least, te (10) day prior, to
the comm encementof this pu
and he a mount d ue,
lication a
upon the Mortgage o the date
of first publicat of this no
of sale, b e ing the total sum; ,of
$200, 94, w hic h s um con
sists of t unpai prin bat-
he
anc of: 61,, plus inter
`-''.13,7,,i-c-4,4,07.9,,- s rud of ths ice t of e d of the first,
pu i notn the
a m o unt of $2,441.33, wi i inter
est accrui at the rate, „of„
l us attor s
,$2 713,p e rday,p
fee .c exp e n ded,, an
accruing interest lat
charges after the date of first
publication of this n of`
sale,
WHEREAS, the prof
C ou r t
Cou li
,x G,
�Avenu+
nt]
tion
amou Mor
t gage,
erty bein g
to-wi
L t
t
54;,00
-i u Lincoln
ouse located, at.
k "ta k xP �'t iii, T
Kemmerer
l
Wv omin
forec ot osed +upon ma y be ect
subj
to li and e ncum-
branceS t h at w 11 not b N e x t in
t i a t ,t sale an
prospective pu Est
researc the s t
a us before submittirig a bid„
day of
9 F r�4
hi i er
loc
Marc
of
to
o�
th
Court
JANA BRYANT NOTARY PUBLIC
County of „'r Wyoming
State of
Lincoln 3't
My Commission Expires August 31, 2013
ant
have.
d oor
ounty?
25, Sage
Lincoln
)nlica
escribed
e
lows;"
iRs
ddition
incoln
escri.bed
M1bTR 1+P
on
filed on A
ment g us t l id 2005 as instru-
N oy 9 1 0442 t of t �aa, he records
of th Lincoln County y Cle rk r f
This communicati a nd+ p
4 r r r ev g s- k
cattofl is� a a tt em p t k to c o ll ect
det a
b 'in formation 1 ob tained;
will, b used o,r44,t p O r p3 ry
DATED Fe
The,
'ageeM
SP�ENCER�
w' Firm;
ton for Mortagege
k k�VYp,�� YF �N(fr`1°�f �ia "i^Pl9i �p
p o x 15550 Alt
Inqur m ay e alsobe directed to
SPENCER 4 L A LL RED
Law B ow l ers
Firm PC,> 685,, s
S. Washington
1550
>30 5- 1060'
Pu k Fe i r
March 6 s13,
00_
AFFIDAVIT OF ATTORNEY
REGARDING ORDER OF THE COURT AND ATTORNEY FEES
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
Attorney Affidavit
Page 1 of 2
00117
SPENCER L. ALLRED, of lawful age, being first duly sworn upon his oath
according to law, deposes and states:
1. That he is an attorney generally admitted to practice law within the State
of Wyoming; that he is the attorney for, and is representing Bank of Star Valley,
Mortgagee in its foreclosure of that certain mortgage dated July, 20, 2009, wherein
G. Barr McCutcheon the Mortgagor, and said Mortgage having been filed for record
in the Office of the County Clerk and Ex- Officio Register of Deeds within and for
Lincoln County, Wyoming in Book 728 Page 110, on the 22th day of July, 2009.
2. That there is not, nor has there been any agreement, expressed or implied,
between him and his client, or between him and any other person except practicing
attorneys in the State of Wyoming engaged with him as attorneys in said
foreclosure proceedings, for any sharing or division of his attorney's fee, and any fee,
when so allowed and added to the debt, is only as compensation for services actually
rendered in said foreclosure proceeding.
3. Said property herein described as lot 54 of Afton Airpark Addition to the
Town of Afton, Lincoln County, Wyoming as described on the official plat No. 167 -C
filed on August, 1 2005 as instrument No. 910442 of the records of the Lincoln
County Clerk.
4. The Affiant, Spencer L. Allred, upon his oath states upon his information
and belief that the requirements pursuant to W.S. 1 -18 -101 et. seq. have been
complied with to the date of the sale of the real property described herein at the
public auction.
EXHIBIT
DATED this
COUNTY OF LINCOLN
day of March, 2013.
THE STATE OF WYOMING
ss.
The foregoinn Affidavit was acknowledged before me by SPENCER L.
ALLRED this day of March, 2013.
WITNESS my hand and official seal.
My Commission Expires: E 5- tQo!
Attorney Affidavit
Page 2 of 2
SP CER L. ALLRED
Attorney at Law
Notary Public
HEIDI DIrmN NOTARY PUBLIC
N�Sw sry
County
y of ,�A State of
Lincoln w(y.=
Wyoming
•r; es August
00118