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HomeMy WebLinkAbout975592WELLS FARGO BANK, N.A. VS. proceeding. IN THE DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT IN AND FOR LINCOLN COUNTY, STATE OF WYOMING Plaintiff, MICHAEL L. BROOKBANK, WANDA G. BROOKBANK Defendants. BY Civil Action No. 2013 `99 -D JAN 2 1 2014 KENNETH D. ROBERTS CLERK r UUDICIAL DISTRICT CT LINCOLN COUNTY, STATE OF WYOMING DEFAULT JUDGMENT AGAINST DEFENDANTS MICHAEL L. BROOKBANK AND WANDA G. BROOKBANK THIS MATTER HAVING COME BEFORE THE COURT on Plaintiff's Motion for Default Judgment against Defendants Michael L. Brookbank and Wanda G. Brookbank, and the Court having reviewed the Motion, and being otherwise fully advised in the premises, finds as follows: 1. Defendants Michael L. Brookbank and Wanda G. Brookbank, have been properly served with the Summons and Complaint, and the Defendants were served more than thirty (30) days prior to the date hereof. 2. Defendants failed to file an answer to the Complaint or otherwise plead as provided by the Wyoming Rules of Civil Procedure. 3. The Court has jurisdiction over the parties and the subject matter before it in this 975592 3/12/2014 2:12 PM LINCOLN COUNTY FEES: $18.00 PAGE BOOK: 829 PAGE: 25 JUDGEMENT JEANNE WAGNER LINCOLN COUNTY CLERK I IIIII111111II IIII IIIIII IIIII II II I II III i II III IIIII 11111 VIII IIIIII III 11111TH 1OF 3 4. Pursuant to Rules 54(b) and 55 of the Wyoming Rules of Civil Procedure, there is no just reason for delay in entry of judgment against Defendants Michael L. Brookbank and Wanda G. Brookbank. 5. Entry of Default against Defendants Defendants Michael L. Brookbank and Wanda G. Brookbank was entered on December 2, 2013. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the default of Defendants Michael L. Brookbank and Wanda G. Brookbank, as entered on December 2, 2013 is hereby confirmed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the correct and appropriate legal description for the property located at 620 Kennington Burton Road, Afton, Lincoln County, Wyoming is as follows: That part of the SE1 /4SW1 /4 of Section 23, T32N, R119W, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County Book 359 of Photostatic Records on Page 303, and all of that tract of record in Book 476 of Photostatic Records on Page 16, Described as follows: Beginning at the Southwest Spike of said tract in Book 476 on the South line of said SE1 /4SW1 /4 North 89 °06'24" E, 543.00 feet from the Southeast Spike of said tract in Book 476; thence N89 °06'24" E, 264.00 feet to a spike; thence N00 °30'43" W, 660.00 feet, to a point; thence S89 °06'24" W, 528.00 feet, to a point on an existing fence line; thence S00 30'43" East, 630.00 along said fence line to a point on the North Right -of Way line of the Kennington- Burton Land County Road No. 12- 136; thence continuing S00 °30'43" E, 30.00 feet, to the spike of beginning; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the legal description attached as Exhibit A to the Mortgage recorded on January 13, 2009 at Receiving #944667 in Book 712 at Page 844 in the records of the Office of the County Clerk of Lincoln County, Wyoming, shall be, and the same hereby is, replaced with the following legal description: That part of the SE1 /4SW1 /4 of Section 23, T32N, R119W, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County Book 359 of Photostatic Records on Page 303, and all of that tract of record in Book 476 of Photostatic Records on Page 16, Described as follows: Beginning at the Southwest Spike of said tract in Book 476 on the South line of said SE1 /4SW1 /4 North 89 °06'24" E, 543.00 feet from the Southeast Spike of said tract in Book 476; thence N89 °06'24" E, 264.00 feet to a spike; thence N00 °30'43" W, 660.00 feet, to a point; thence S89 °06'24" W, 528.00 feet, to a point on an existing fence line; thence S00 °30'43" East, 630.00 along said fence line to a point on the North Right -of Way line of the Kennington- Burton Land County Road No. 12 -136; thence continuing S00 °30'43" E, 30.00 feet, to the spike of beginning; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said mortgage is a valid and first superior lien on the property. IT IS FURTHER ORDERED that a certified copy of this Oder herein be recorded with the Office of the County Clerk of Lincoln County, Wyoming; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Mortgage shall be foreclosed by a Sheriff's Sale of the Property, to be held at a public venue designated by the Sheriff of Lincoln County, Wyoming, pursuant to Wyo. Stat. Ann. 34 -4 -101, et seq. DATED this x'L, day of STATE OF WYOMING COUNTY OF LINCOLN 1, Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and in the State of foresaid, do hereby certify the foregoing to be a full, true, and complete copy. SIGNED X11 `.A( 1