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HomeMy WebLinkAbout970581STATE OF WYOMING ss. COUNTY OF LINCOLN John Stetzenbaktch, of lawful age, being first duly sworn upon his oath, states and certificates as follows: 1. He is the duly elected and acting Sheriff or Deputy Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. A default has occurred under the terms of: (a) that certain promissory note dated September 7, 2007, executed and delivered by Paul J. Etcheverry and Lynn S. Etcheverry to Zions First National Bank "Note and (b) that certain Mortgage dated September 7, 2007, (the "Mortgage securing said note, which Mortgage was executed and delivered by Paul Etcheverry "Mortgagor to Zions First National Bank "Mortgagee and was duly recorded at the office of the County Clerk and ex -officio Register of Deeds in and for Lincoln County, Wyoming on September 11, 2007, in Book 671 beginning on Page 866 as Instrument No. 933034, as amended, which Note is secured by the same Mortgage, as security for payment in the original principal amount of $1,208,284.47; and CERTIFICATE OF SALE Rerecorded Document 3. The Mortgage covers that certain real property described as follows to -wit: T27N, R118W, 6TH P.M. SECTION 7: LOT 3 ALSO KNOWN AS RESURVEY TRACT 47 This is a rerecording of the original Certificate of Sale recorded 4/18/2013, Receiving 970540, Book 809, Page 601. This document is rerecorded to show the Notary's stamp omitted from the original recording. ce w T27N, R118W, 6TH P.M. a w SECTION 18: LOT 1; SE'/4NE' /4; W' /2NE' E' /2NW /4; E'/2S W NW'/ SE'/4; 0) o i E%2SE'/4; 01 v I z Y SECTION 19: LOT 1; E' /2NE /4; NW/NW/4; NE /4; ALSO KNOWN AS M 0 (9 Q Y R TRACT 56 o O) o- 5 ELI 00 Z U c-9 z? W W o0 0 U Y U V 0 O W U SECTION 8: SE /4; N' /2SE' /4SE' /4; z J T27N, R118W, 6TH P.M. SECTION 18: LOT 2 ALSO KNOWN AS RESURVEY TRACT 58; SWl SE' /4; ALSO KNOWN AS RESURVEY TRACT 57. T27N, R118W, 6TH PM. Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 1 LIV I ©ie );0 0 RECEIVED 4/23/2013 at 8:54 AM RECEIVING 970581 BOOK: 809 PAGE: 785 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, W' SECTION 17: NE' /4NW1/4; THAT PART OF THE N'/2NE' /4 LYING WEST OF THE EASEMENT TO THE UNITED STATES OF AMERICA AS DESCRIBED IN EXCLUSIVE ROAD EASEMENT RECORDED APRIL 4, 1973 IN BOOK 104 PR ON PAGE 117 OF LINCOLN COUNTY LAND RECORDS. ALSO KNOWN AS PART OF RESURVEY TRACT 49. T27N, R118W, 6TH P.M. SECTION 8: N1/2SW1/4; SW1/4SW1/4; SECTION 17: NW1/4NW1/4; ALSO KNOWN AS RESURVEY TRACT 48. T27N, R118W, 6TH P.M. SECTION 17: S %2NW1/4; E1/2SW1/4; ALSO KNOWN AS RESURVEY TRACT 54. T27N, R118W, 6TH P.M. SECTION 17: W' /2SW' /4 SECTION 20: NW1/4; N'/2SW' /4 ALSO KNOWN AS RESURVEY TRACT 55. T27N, R118W, 6TH P.M: SECTION 7: LOT 3 ALSO KNOWN AS RESURVEY TRACT 47. Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 2 00602 LESS AND EXCEPT LANDS CONVEYED BY DEED TO STEVEN P. ETCHEVERRY, RECORDED APRIL 20, 1994, AT BOOK 348 PR, PAGE 527; AND LESS AND EXCEPT LANDS CONVEYED BY DEED TO TEROLD D. ETCHEVERRY AND MICHAEL R. ETCHEVERRY, RECORDED APRIL 20, 1994 AT BOOK 348PR, PAGE 528; AND LESS AND EXCEPT LANDS CONVEYED BY DEED TO DAVID OWENS HENDRICKSON, LLC, RECORDED FEBRUARY 20, 2005, AT BOOK 578, PAGE 663. 4. The mortgaged property has a physical addressed purportedly known as approximately West Side of the Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming, 83114. The real property tax identification numbers are purported to be 12- 2718- 08 -0 -00- 003.00 12- 2718- 03 -2 -00- 003.00 12- 2718- 03 -2 -00- 003.20 12- 2718- 06 -1 -00- 003.00. 5. No suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof 00787 00603 6. The power of sale contained in the Mortgage having been made operative by reason of such default, 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(s) 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 the Affidavit attached hereto as Exhibit "A" and by this reference made a part hereof. 7. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Star Valley Independent, a newspaper published and having a general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks commencing with the March 20, 2013, issue of said paper and ending with the April 10, 2013, 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 hereto 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 statues relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notices and the publisher's affidavit of publication thereof are attached as Exhibit B and by this reference made a part hereof. 8. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: on April 16, 2013, at 10:00 a.m., at the front door of the Third Judicial District Court in and for Lincoln County, Wyoming, 925 Sage Avenue, Kemmerer, Wyoming 83101, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure by then and there calling for bids on said real property; and that the highest and best sum bid and tendered for said real property was a credit bid of $1,131,430.00 "Bid Sum which credit bid was bid and tendered by Zions First National Bank "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving no other bid from a bidder who was willing and able to perform 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. 9. The Mortgagee shall be reimbursed for its costs incurred in the foreclosure proceeding as follows: Postage $36.66 Publication Costs $900.00 Title Guarantee $2,026.00 Certificate of Sale $10.00 Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 3 10. The attorneys for the Mortgagee shall be paid their fees as set forth in the affidavits provided to the undersigned Sheriff as allowed by the statutes of the State of Wyoming, a provided in the Mortgage, and /or as otherwise authorized by court order. 11. 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 statues. 12. 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 twelve (12) months from and after April 16, 2013, 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 'day of April, 2013. heriff in and for Lincoln County, Title: or Deput e of Wyoming By: Print Name: J Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry /West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 4 X00788 ACKNOWLEDMENT STATE OF WYOMING COUNTY OF LINCOLN ss. The foregoing Certificate of Sale was subscribed in my presence and acknowledged before me by John Stetzenba4ch, Sheriff or Deputy Sheriff of Lincoln County, State of Wyoming, this 0 day of April, 2013. Witness my hand and official seal: Notary Public Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 5 00789 00605 ACKNOWLEDMENT STATE OF WYOMING COUNTY OF LINCOLN ss. The foregoing Certificate of Sale was subscribed in my presence and acknowledged before me by John Stetzenbach, Sheriff or Deputy Sheriff of Lincoln County, State of Wyoming, this $-Nday of April, 2013. Witness my hand and official seal: SAVANNA L AL NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN *Commission Expires 0 iit,„J" Notary Public Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 5 00790 STATE OF WYOMING COUNTY OF LINCOLN AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE ss. EXHIBIT A David H. Leigh 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 Ray Quinney Nebeker, P.C., who are attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated September 7, 2007 (the "Mortgage and recorded in the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming on September 11, 2007, in Book in Book 671 of Mortgages, beginning on Page 866 as Instrument No. 933034, as amended, wherein Paul Etcheverry is named Mortgagor, and Zions First National Bank is the named Mortgagee; which Mortgage was made as security for payment of a Promissory Note "Note in the original principal amount of $1,208,284.47, by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et. seq. (2003), and that he has knowledge of all of the facts set forth herein, either because those facts are personally known to him or because he has learned them from a review of Ray Quinney Nebeker, P.C.'s business records which are retained by Ray Quinney Nebeker P.C. in the ordinary court of its business. 2. That the Mortgage was foreclosed by reason of default having occurred under the terms of the Mortgage and the Note secured thereby. 3. That written notice of intent to foreclose the. Mortgage by advertisement and sale was served upon the record owner and the person in. possession by certified mail (none), return receipt requested, mailed to the last known address of the record owner and the person in possession (none) at least then (10) days before commencement of the first publication of the notice of the foreclosure sale as follows:, and that a copy of the published Amended 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: 7010 2780 0001 8229 2124 Paul J. Etcheverry 295 South 5th Street Montpelier, Idaho 83254 -1558 Certified Mail No: 7010 2780 0001 8229 2131 Lynne S. Etcheverry Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry/West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off .of Highway 89, Cokeville, Wyoming 83114 Page 5 00 791_ 295 South 5th Street Montpelier, Idaho 83254 -1558 Certified Mail No: 7010 2780 0001 8229 2100 The Mayfield Corporation 115 Valley Vu Drive Afton, WY 83110 Certified Mail No: 7010 2780 0001 8229 2117 The Mayfield Corporation P.O. Box 550 Afton, WY 83110 3. That the date of mailing of the Updated Notice of Intent to Foreclose Mortgage by Advertisement was February 4, 2013, that the date of mailing the publication of the Amended Foreclosure Sale Notice was March 1$, 2013, and the date of the first publication of the notice of foreclosure was March 20, 2013. TRIS N. COREY NOTARY PUBLIC -STATE OF. UTAH My Comm. Exp. 07/16/2016 Commission 656593 My Commission Expires: 7/ i (Jr, FURTHER AFFIANT SAYETH NAUGHT. By: David H. Leigh Notari ublic STATE OF UTAH ss. COUNTY OF SALT LAKE This instrument was acknowledged before me on the 16 day of April, 2013 by David H. Leigh as attorney of Ray Quinney Nebeker, P.C. Certificate of Sale Paul J. Etcheverry Lynn S. Etcheverry /West Side of Smith's Fork River, East of Star Valley, Approximately 16 Miles off of Highway 89, Cokeville, Wyoming 83114 Page 6 EXHIBIT "B" 1 SARAT -T f- TALE, 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 entire issue of said newspaper, and not in any supplement thereof, for �a�r consecutive issues, commencing with tie issue date iTh,rc p 2013, and. ending with issue dated r i j 0„ sc 2013. Subscribed and Sworn in before me this •1 r3'k'" 2013. My commission expires August 31, 2013 C 5.e C C\A 6- or,D clay of JANA BRYANT NOTARY PUBLIC County of State of Lincoln ?I Wyoming My Commleolon Fxplroa August 01, 20 00605 00793 AMENDI !!..OSURt NtinCE WHEREAS, a 'default has occurred under that Mortgage dated September 7, 2007:,,, exe: cut!. by P,atil Etch everry as Graritor, Zioils First NatioVal Bank. was raniecI aS,. Grantee ftrld crdcd Off Septern15er as Recgiidn'i•NO.:93303iln Book 87:1 Page 86G t se41.:46 the olflclai cords of tine;b1n County, y0E.fii4s,-• the MORgaie C'ori- j ..sgfm.vffiEii bY :;tsr, ja and lir', 's121'fi 01 koceothigMa. boon nttut .ecl rat recover the' debt secOred b.x the •1"■21ortgrige, br 'any p';ir tbefeor, nor has any such 'suit or prOceecli'ng beep in'Stittited.and- thesaint discon- tinund.' NOW THEREFORE Zie..}ii's First iylOrigage and foreclus Mortgage by advertisement and .s•ale pursuant to the lawS the state Of WYOrtiirig., the sale of the property shall take place on* Apr1116, 2013, a 10:00 a.rri. The Sale- of the .property will take pi dei •at the Third Judicial District COurti• in and for Lincoln County, Wyorritnth 925 Sage', 'Avenue, Kernmefer; Wyoming,. 83101, by. tlie..shdriff •Or Deputy' Sheriff of 'Lincoln Count }'c WYornitig, 1 'Pursuant laws 'of th State of WyOuring,' the 'following ihfor- inatiOrfiS.PrOvideti:.. (i) 'Ticiiirne•of 04 Mertgagor Jri.arne Of the Mortgagee Is Zions First National Bank,' .00 The Mortgage was recorded On Septertib6r 11, 2007 as Receiving No.• 03034 In Book 671 beginning ii Page 866 it seq.. hi the official recoyds o.f LincOln County. State of WyoMing. (Ili) Tht obligation secured by vlth Moil:gage. includes .4 FrOrnork Note dated Septeniber 7, 2007, executed.bY Patti 1 EtcheVeirY I.Yrin S. Etcheverry (Maker"), in the original prineipal arnourit .01 $1,250,000.00 ("Note"). The amounts due 'and owing Under the Note and Mortgage as of March.18, 2013 are the prihefpal amount of $958,114.95, phis interest in the 'amount •of $123;757;30, Phis late fees in' the a.thourit of $14.,291.36, plus,' costs ii the amount of not leSi'• than *12,5Q0, plus attorneys:. fees and costs.: (iv) The 'real prOPerty affected thereby Is situated' in Lincoln 'County, Wyoming, and is •moi4 Par061arly ,deScriboci as foi- 21 T27N,R118W, 6TH P,M. SECTION '.3 ALSO: KNOyJN 'AS RESURVEY. TRAOT 47 T'7itill$W,"6 411. SECTION. 18: L.0, 1; SE'ANE4.' :EKNW31;: Ei4.5Wig s'Edticm NyviANEK .1■11,LRN*IA ALSo KNOWN AS Rtsureite TRACT 56 '27N, fin 8W,: SECTION.. 18:. LOT ALSO KNOWN AS RESURVEY 'TRACT 58.; SW*,SEV,,;,ALSO KNOWN AS RESURVEY TRACT 57. 1• N'ASE'AISE'Al• (3 'tins may be subject' SECTION. 17: 'NEY414 THAT 'other, liens and encumbrAnc PART OF THF. MAVEN LYING that Will not bo extifigi11$1161 WEST OF THE MEMtNT TO Alie s'ale' and any. prOSPdtti THEUNITED STATES purchaser Shbtild res'Orch CA AS DE .P.XCLIJ, status of Utle SUbfrlittil SIVE :ROAD ....EASEMENT a RECORDED APRIL 4; 1973 IN •ZIONS:FIRSINATIONALBANI4 BOOK 104 PR ON .PAGE 117 OF /S/.DavIc11-1...LeIgliBy: David LINCOLN COUNTY. LAND (WyonrIng••• Bar RECOR))S.: KNOWN AS 4'498) FART OF'iRESURVEY TRACT .49, Ray QuIriney.& T27N, ru18w•61 PM. 36' South State Street Suite 141 SECTION :8: N1/2SWW; 5w343WiA; Salt Lake 'City, Utah 84111 SECTION 17' NW4NyP/r (801) :532-1500: 41. ALSO KNOWN' AS RESURVEY PUbliSluMikt) .20, :27, s'Apili 103 T 2%, R CT r418184 2013 T27N, 6T-1 RM. SY2NWVI; EIASWI4; ALSO KNOWN AS 'RESURVEY TRACT 54. T27N, R1.18W, 6TH P.M. SECTION 17: WIA'SWV4 1 SECTION 20: NN '1\1 ALSO KNOWN'. AS RESURVEY TRACT 55. T27N,:R118W, 6T1-1*: SECTION 7: LT KNOWN AS .•RESIJRVEY ,TRACT 47. LESS AND EXCEPT I.ANbs doN-. VEY•t6 'BY DEEI.) tcY STEV,EN P. ETCHEVERRy, RECORDED APRIL 20; I094;.4 r: BOOK 398 FRiTAGE 527; AND' LESS AND EXCEPT LANDS cONVEYED:.BY DEED TO TEROLD •ETCHEV- ERI AND MICHAEL:R. ETCHEVERRY, '1;(ECORDED 'APRIL 20,1594 AT BOOK 348PR, PAGE 528; ANYYLEss ANY:E.5"(ckFIT LANDS co'NVEYEb OrD8ED Tti oweNs HENDRICKSON, LLC, RECORDED FEBRUARY 20, 2005, AT,B0.0K 578; PAGE•.663.. For 'inlormatioii .purpoSes the real property or it address is.' purportedly- intrwn as a'pploximately'WeSt. Of the SmitlfSI.ForkRiVer East Of 'Star yak ApproAtiiately 1(3 Miles off, Of Highway 89,.: CokcVJile ANOrhing,.83114, The 'Oaf prop- 'elty:44•IdentifiCati3Ofi':riOnibers' are.f)$Ypitect,t6 be 1 2:2718418- 0-0011300 12-27.10-03Z00:003.20 lgiLig0 P,,) of Zitinsrirst NatiOAal tank'S 'Eke- cidge the M8rigage by adyer- tlienierit.•and m.if .I served Upon:: the record ..OWner on February' 4, 2)13, i least ten clay s. before commencement of publication of this Notice of Foreetersure Of Mortgage by AiTir;srtiqPinPAI. and SA1