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HomeMy WebLinkAbout970279STATE OF WYOMING SS. COUNTY OF LINCOLN CERTIFICATE OF PURCHASE 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 July 19, 2007 in Book 666 PR at Page 334 as Receiving No. 931422, 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 April 2, 2013 at 10:00 a.m., the following described real property located in Star Valley Ranch, Wyoming, was sold: Lot 511 of Star Valley Ranch RV Park Plat 2, Lincoln County, Wyoming, as described on the official plat thereof. Said property was sold to: Name: 71 VAN c7f Sl7¢R V4-U Address: P o ¢ctx $oo't /ten i, w yomrNE 83It o The amount paid: 3 6, r{2 I. 61 I DO HEREBY 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 owner of the property at his last known address; that no one was currently in possession of the property, 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 owner of the property at his last known address; that no one was currently in possession of the property, as shown by the attached Affidavit; that due and proper notice of the sale was published as required by law, as shown by the attached Affidavit; that the price for which the real property was sold was the highest price bid therefor, 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 CERTIFICATE OF PURCHASE PAGE 1 OF 2 RECEIVED 4/2/2013 at 10:08 AM RECEIVING 970279 BOOK: 808 PAGE: 193 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY X Mortgage on the date of the sale, with interest and costs and disbursements allowed by law, including attorney's fees supported by the attached Affidavit. The purchaser, or purchaser's heirs, successors, or 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 2nd day of April, 2013. WITNESS my hand and official seal. WHITNEY HYSELL- NOTARY PUBLIC County of State of I Lincoln ff Wyoming My Commission Expires .r (2 l My Commission expires: I,- j(� BY: CERTIFICATE OF PURCHASE PAGE 2 OF 2 M. SHANE JOHNSON, SHERIFF LINCOLN COUNTY, WYOMING UTY SHE 1 FF ACKNOWLEDGED before me by J O \y RAW 1 Deputy Sheriff, Lincoln County, Wyoming, this 2nd day of April, 2013. FORECLOSURE SALE THE BANK OF STAR VALLEY STEPHEN D. GILL APRIL 2, 2013 AFFIDAVIT OF COUNSEL REQUIRED BY WYOMING STATUTES 34- 4- 104(a) AND 34 -4 -112 STATE OF WYOMING SS. COUNTY OF LINCOLN 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 July 19, 2007 in Book 666 PR at Page 334 as Receiving No. 931422. 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, nor is there any such agreement with any other person or entity, for the sharing or division of the attorney's fees that are 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 April 2, 2013, and the costs and attorney's fees of the foreclosure sale are as follows: 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 Mortgage Balance as of 02/22/13 31,515.98 Accrued Interest from 02/22/13 to 04/02/13 290.55 Foreclosure Report 345.00 Appraisal Fee 400.00 Property Taxes for 2012 142.71 SVR RV Park Assessment 837.00 Postage 22.45 Publication Costs 285.00 Legal Fees 2520.00 Sheriff's Fees 10.00 Recording Fees 53.00 DATED this 2nd day of April, 2013. WITNESS my hand and official seal. CHRISTINA K. ALLRED NOTARY PUBLI County of Wyoming State og o MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: L 4 ,3U -DD 3 36,421.69 V XI Kevin Voyles LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 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 Attorney for The Bank of Star Valley, a AA__ /K, Caa NOTARY PUBLIC i0 SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this 2nd day of April, 2013. 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) STATE OF WYOMING SS. COUNTY OF LINCOLN 1.0.) 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 July 19, 2007 in Book 666 PR at Page 334 as Receiving No. 931422. 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 owner of the property at his last known address: Stephen D. Gill P.O. Box 911 Earp, California 92242 -0911. A copy of the notice of intent to foreclose sent to the owner, dated January 28, 2013, is attached hereto. 4. That to the best of my knowledge, information and belief, no person or entity was in possession of the property as of January 28, 2013. 5. 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, 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 2 CERTIFIED MAIL NO. 7011 1570 0002 6893 4884 by Certified Mail, Return Receipt Requested, upon the owner of the property at his last known address: Stephen D. Gill P.O. Box 911 Earp, California 92242 -0911. CHRISTINA K. ALLRED NOTARY PUBLI State of County of e R1e Wyoming Lincoln MY COMMISSION EXPIRES: 4 30 1 2013 My Commission expires: 9013 CERTIFIED MAIL NO. 7011 1570 0002 6893 4129 A copy of the notice of the foreclosure sale sent to the owner, dated February 22, 2013, is attached hereto. 6. That to the best of my knowledge, information and belief, no person or entity was in possession of the property as of February 22, 2013. 7. The Notice of Foreclosure published of Publ� at fo on is attached heretoW beginnibg on February 27, 2013. A copy o f the Affidavit DATED this 2nd day of April, 2013. M. Ke in Voyles LUTHI 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 2 OF 2 i e u U) S SUBSCRIBED AND SWORN TO before me by M. Kevin Voyles this 2nd day of April, 2013. WITNESS my hand and official seal. M. Kevin Voyles Randall B. Luthi Of Counsel Dear Mr. Gill: LUTHI HI SQL VOYLES, LLC ATTORNEYS AT LAW 257 North Main P.O. Box 820 Thayne, Wyoming 83127 -0820 CERTIFIED MAIL NO. 7011 1570 0002 6893 4884 RETURN RECEIPT REQUESTED January 28, 2013 Stephen D. Gill P.O. Box 911 Earp, California 92242 -0911 RE: Notice of Default on Mortgage Demand for Payment in Full Notice of Intent to Foreclose on Mortgage on Property located in Star Valley Ranch, Wyoming 0 1 9 Tel: 307.883.7887 Fax: 307.883.7889 Chris Allred Assistant This letter, on behalf of The Bank of Star Valley, a Wyoming Banking Corporation, is notice to you that you have defaulted on your Promissory Note and Mortgage to The Bank of Star Valley for property located at in the RV Park in Star Valley Ranch, Wyoming. That property was more specifically described in that Mortgage, which was recorded in the Lincoln County, Wyoming land records on July 19, 2007 in Book 666 beginning at Page 334. The Bank of Star Valley is exercising its remedy for default, provided in the Promissory Note and Mortgage, by hereby declaring all sums due thereunder immediately due and payable in full. This letter is also notice, given pursuant to Wyoming Statutes 34- 4- 103(iv), that if you fail, within ten (10) days of the date of this letter, to pay the amount due on the Promissory Note and Mortgage, which as of January 28, 2013 is $31,329.73, plus interest accruing at the rate of $7.45 per day until paid, plus the costs that The Bank of Star Valley has incurred to collect on the debt to date (the cost of a Certified Foreclosure Report, $345.00, and attorney's fees, $540.00), The Bank of Star Valley will commence foreclosure on the property by publication of notice of sale of the property pursuant to the power to sell the property reserved by The Bank of Star Valley in the Mortgage. If The Bank of Star Valley sells the property by notice and sale, you will remain liable to The Bank of Star Valley for all amounts that remain due and owing to it under the Mortgage Stephen D. Gill January 28, 2013 Page 2 of 2 after the sale. You will also be liable under the Mortgage for all expenses that it incurs in completing the sale if such amounts exceed the sale proceeds. If you have any questions concerning this notice or The Bank of Star Valley's intent to foreclose on your property, please contact me at (307) 883 -7887. This letter is an attempt to collect a debt. Any information that is obtained as a result of this letter may be used to collect on that debt. Sincerely, LUTHI VOYLES, LLC M. Kevin Voyles 0 b> PS Form 3811, February 2004 ra D N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: STEPNErI D. 6 14 1 eo. 8u% 9 fte, CI4LfARAI g22H 91d 2. A n 7011 1570 0002 6893 4884 CERTIFIED MAILTh1 RECEIPT (Domestic, Mail Only; No Insurance Coverage Provided) For delivery information visit ourwebslte at w,ww.usps.corn® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Domestic Return Receipt .2. 35 Sent To S Erki R, GILL Street, Apt. No.; �P0 aexO vi City, State, Z1P +4 9 CAR C ,4Lin S7S 3. Service Type igr Certified Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) 7/ Postmark Here 122 4 a-071i h5 Form 1600, August 2006 Seep Reverse for Instruct!, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature Agent Address C. hate o D Is delivery address different from item 1? If YES, enter delivery address below: Ye No Express Mail Return Receipt for Merchandi C.O.D. Yes 102595- 02 -M -1 M. Kevin Voyles Randall B. Luthi Of Counsel Stephen D. Gill P.O. Box 911 Earp, California 92242 -0911 Dear Mr. Gill: Enclosure RE: Notice of Foreclosure Sale LUTHI VOYLES, LLC ATTORNEYS AT LAW 257 North Main P.O. Box 820 Thayne, Wyoming 83127 -0820 CERTIFIED MAIL NO: 7011 1570 0002 6893 4129 RETURN RECEIPT REQUESTED February 22, 2013 Enclosed pursuant to Wyoming Statutes 34- 4- 104(a) is a copy of the Notice of Foreclosure Sale for the foreclosure of your Mortgage on Lot 511 of Star Valley Ranch RV Park Plat 2, Stage 2, Lincoln County, Wyoming, as described on the official plat thereof. The sale is scheduled for 10:00 a.m. on Tuesday, April 2, 2013 on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. Sincerely, LUT I VOYLES, LLC M. Kevin Voyles Fy Tel: 307.883.7887 Fax: 307.883.7889 Chris Allred Assistant NOTICE OF FORECLOSURE SALE NOTICE 1S HEREBY GIVEN pursuant to Wyoming Statutes 34 -4 -101 through 34- 4 -113 that a foreclosure sale will be held at 10:00 a.m. on Tuesday, April 2, 2013, on the steps of the Lincoln County Courthouse in Kemmerer, Wyoming. The sale will be foreclosing on a Mortgage from Stephen D. Gill, Mortgagor, to The Bank of Star Valley, Mortgagee; said Mortgage being that recorded in the Office of the Lincoln County Clerk on July 19, 2007 in Book 666PR at Page 334 as Receiving No. 931422. The amount due on the Mortgage, $31,515.98, which includes amounts for accrued interest through February 22, 2013, with additional interest accruing at the rate of $7.45 per day, and collection costs to the date of this Notice in the amount of $1,110.00. The total amount of principal and interest, plus the additional costs of the foreclosure sale and additional attorney's fees, are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in the Star Valley Ranch RV Park, described as follows: Lot 511 of Star Valley Ranch RV Park Plat 2, Stage 2, Lincoln County, Wyoming, as described on the official plat thereof. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid. DATED this 22nd of February, 2013. PUBLISH: ]February 27 and March 6, 13 and 20, 2013 M. Ke in Voyl LUTH VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for The Bank of Star Valley k0 0 VOYLES, LLC 20 ryoming 83127-0820 S 3800'A ust ,0136 1111111111111111 7011 1570 0002 6893 419 ru 1-R m 11.1 D D N 1:3 r9 N 1-9 1=1 Stephen D. Gill P.O. Box 911 Earp, California 92242-0911 P74.0a2..0 ROOS r 92242.O9ti EirJ CERTIFIED MAIL— RECEIPT (Domestic Mail Only; No In overage Provided) For ciplivery 'information visit autwebPitP at ilirwal.aaPagalas Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To 5mce Postage Certified Fee Street Apt. No.; .001v 0 4 9/$ 0. GILL, 4 00 20 Post. k Ho City State, ZIP+4 targ 9 Z2)1 2 -09BI l 000167 a o6";,..: 701 00' 0 RETURN To SF- UN.C1 ATMFD tiNAR 1 F TO F OR WARD n 33127 "263,0"i AlUal al.,7a311„,vt.t,,7N- 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 ire issue of said newspaper, and not in any supplement thereof, for 1., consecutive issues, commencing with the issue date 2013, and ending with issue dated C f 2013. j Subscribed and sworn in before me this j My commission expires August 31, 2013 :NOTICE OF FORECLOSURE SALE NOTICE, IS HEREBY GIVEN .pur suant to Wyoming, Statutes 34 4-101 through 341 413 that a foreclosure sale will be held at 10:00.a.m.. on Tuesday, April 2, 2013, on the steps of the Lincoln. County Courthouse in Kemmerer, Wyoming. The.sale will be foreclosing on a Mortgage from Stephen D. Gill, Mortgagor; to The Bank of °Star Valley, Mortgagee; said Mortgage being:that recorded in the Office of the Lincoln County Clerk on July..19, 2007 in Book 666PR at Page 334 as Receiving No. '931422. The amount due on the Mortgage, $31,515.98 which includes amounts .for accrued interest through February •22, 2013,. with additional interest accruing, at the rate of $7.45 per day, and collection costs to the date of this Notice in the amount of $1,110.00. The total amount of principal and interest, plus the additional costs of the foreclo- sure sale and additional attor- ney's fees,,are now payable in full by Mortgagor to Mortgagee. The property covered by the Mortgage is in the Star Valley Ranch RV Park,. described as follows: Lot 511 of .Star Valley Ranch RV day of Park Plat 2, Stage 2, Lincoln County, Wyoming, as described on the official plat thereof. 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. DATED this 22nd of .February,. 2013.. M. Kevin Voyles LUTHI 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 Publish February 27, March 6, 13. 20, 2013 JANA BRYANT NOTARY PUBLIC County of State of Lincoln I: Tq!' Wyoming My Commission l plies August 31, 2013