HomeMy WebLinkAbout976788STATE OF WYOMING
SS
COUNTY OF LINCOLN
CERTIFICATE OF SALE
Shane Johnson of lawful age, being first duly sworn upon his oath, states and
certifies as follows:
1. That he is the duly elected and acting Sheriff in and for Lincoln County,
State of Wyoming, and makes this Certificate of Sale in his capacity as such.
2. That a default has occurred under the terms of (a) that certain promissory
note (the "Note dated October 1, 2007, executed and delivered by Underground Properties,
LLC, a Wyoming Flexible Limited Liability Company "Mortgagor(s) to the First Bank of
Idaho, fsb, dba First Bank of the Tetons "FBI and (b) a real estate mortgage (the "Mortgage
of the same date securing the Note, which Mortgage was executed on October 1, 2007 and
delivered by said Mortgagor(s) to said Mortgagee, and which Mortgage was recorded on October
5, 2007, in Book 674PR at Page 740 in the records of the office of the County Clerk and ex-
officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage
covers that certain real property commonly known as 161 U.S. Highway 89, Alpine, WY 83128
and more particularly described as follows, to -wit:
CERTIFICATE OF SALE
Lot 610C and the Southwest 2/5 of Lot 651C of Lakeview Estates
Incorporated Tracts A F, a Subdivision, Lincoln County,
Wyoming, as shown on the official plat thereof, in the Office of the
Clerk of Lincoln County, Wyoming, as Plat No. 157, described as
follows:
Commencing North 04 °00'00" West 400 feet for the Northwest
Corner of the Southeast Quarter of the Southwest Quarter (SE1/4
SW1/4) of Section 29, Township 37 North, Range 118 West, 6th
P.M., Wyoming, the Point of Beginning; thence North 63 °11'00"
East, 202 feet; thence South 26 °49'00" East, 70 feet, thence South
63 °11'00" West, 182.5 feet; thence North 31 °00'00" West, 80 feet
to the Point of Beginning, Lakeview Estates, a subdivision of the
South Half of the Southeast Quarter (S' /2 SE1/4) of Section 29,
Township 37 North, Range 118 West of the 6th P.M., Lincoln
County, Wyoming.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
The Real Property Tax Identification No. is 12- 3718- 29 -3 -05-
023.00.
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4. The Mortgage was assigned by the FDIC for value as follows:
Assignee: 2010 -1 CRE Venture, LLC, a Delaware limited liability company
Assignment recorded: January 6, 2011
Assignment recording information: Book 760PR at Page 146
3. On April 24, 2009, the Federal Deposit Insurance Corporation "FDIC
was appointed as Receiver for First Bank of Idaho, FSB, dba First Bank of the Tetons pursuant
to 12 U.S.C. §1464(d)(2)(A) and §1821(c)(5). As the Receiver of FBI, the FDIC took charge of
the assets and affairs of FBI, including FBI's interest in the Mortgage.
All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln
County, Wyoming.
5. That no suit or proceeding has been instituted at law to recover the debt
secured by the Mortgage, or any part thereof.
6. That the power of sale contained in the Mortgage having been made
operative by reason of such default, 2010 -1 CRE Venture, LLC "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 and the party in possession of said
real property at least ten (10) days prior to 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 general
circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks,
commencing with the February 19, 2014 issue of said newspaper and ending with the March 12,
2014 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all
parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A
and by this reference made a part hereof, and that said notice as mailed and published, did
comply in all respects with the requirements of the statutes relating to foreclosures of mortgages
by advertisement and sale; and that a copy of said notice and the publisher's affidavit of
publication thereof are attached hereto as Exhibit B and by this reference made a part hereof.
8. The Mortgage was assigned by 2010 -1 CRE Venture, LLC to 2010 -1 CRE
ID- OFFICE, LLC pursuant to that certain Assignment of Mortgage dated March 21, 2014 and
recorded March 25, 2014 in the records of the County Clerk and ex- officio Register of Deeds in
and for Lincoln County, Wyoming.
9. That on the date, and at the time and place specified in said notice of
foreclosure sale, to -wit: On March 25, 2014 at 10:00 o'clock in the forenoon, on the second
floor of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of
Wyoming, the undersigned proceeded to sell the above described real property at public auction
in accordance with the notice of foreclosure sale by then and there calling for bids on said real
property; and that the highest and best sum bid for said real property was the sum of $415,000
"Bid Sum which was bid and offered by 2010 -1 CRE ID- OFFICE, LLC "Successful
CERTIFICATE OF SALE
Page 2 of 4
Bidder and that after soliciting and calling for other and higher bids therefore, and receiving
none 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.
10. The Mortgage and all rights accrued under the note and Mortgage were
assigned by 2010 -1 CRE ID- OFFICE, LLC to 2010 CRE WY OFFICE, LLC pursuant to
that certain Assignment of Mortgage dated April 22, 2014 and recorded May 6, 2014 as
Instrument No. 976527 in Book 832 in the records of the County Clerk and ex- officio Register of
Deeds in and for Lincoln County, Wyoming.
11. That the sum of $6,099.20 is to be paid to Moffatt, Thomas, Barrett, Rock
Fields, Chartered, the attorneys for Mortgagee, as compensation for services actually rendered
in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes
of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this
reference made a part hereof.
12. That the sale of the above described real property was made in full
compliance with the provisions of the Mortgage thereby foreclosed and was in all respects
conducted in conformity with the requirements of the Wyoming Statutes.
13. That said Successful Bidder shall be entitled to a deed to the above
described real property, together with all improvements thereon situate and all fixtures and
appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and
after March 25, 2014, the date of the sale, unless the property shall have been redeemed as
provided by law prior to that time.
2014.
CERTIFICATE OF SALE
DATED at Kemmerer, Lincoln County, State of Wyoming, this ay of May,
()nh0.k.
Sheriff in and for Lincoln County, State of
Wyoming
By:
Pri
Title: 0.6 n
5 "Pev-e-
:cJahn l- er\'hc o t
Page 3 of 4
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
CERTIFICATE OF SALE
SS
ACKNOWLEDGMENT
The foregoing instrument was subscribed in my presence and acknowledged
before me by hyt 36t-o oach, Deputy Sheriff of Lincoln County, State of Wyoming, this
2$tfrlay of May, 2014.
Witness my hand and official seal
RALL NOTARY PUBLIC
SAVA NA L.
STATE OF
COUNTY OF ,y'; WYOMING
LINCOLN ��r��
My-Commission Expires
rL,
Notary Public
Page 4 of 4
STATE OF IDAHO
COUNTY OF BANNOCK
says:
SS
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
Julian Gabiola of lawful age, being first duly sworn upon his oath, deposes and
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 Moffatt, Thomas, Barrett, Rock Fields,
Chartered, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain
real estate mortgage October 1, 2007 (the "Mortgage and recorded on October 5, 2007, in
Book 674PR at Page 740 in the records of the office of the County Clerk and ex- officio Register
of Deeds in and for Lincoln County, State of Wyoming, wherein Underground Properties, LLC,
a Wyoming Flexible Limited Liability Company, "Mortgagor the named mortgagor and the
First Bank of Idaho, fsb, dba First Bank of the Tetons "FBI the named mortgagee, which
Mortgage was transferred by operation of law to the Federal Deposit Insurance Corporation
"FDIC as Receiver for FBI pursuant to 12 U.S.C. §1464(d)(2)(A) and §1821(c)(5), and
subsequently assigned for value by the FDIC as follows:
Assignee: 2010 -1 CRE Venture, LLC, a Delaware limited liability company
Assignment recorded: January 6, 2011
Assignment recording information: Book 760PR at Page 146
All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln
County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat.
34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred
under the terms of the note secured thereby.
2. That written notice of intent to foreclose the Mortgage by advertisement
and sale has been served upon the record owner and the person in possession by certified mail,
return receipt requested, mailed to the last known address of the record owner and the person in
possession at least ten (10) days before commencement of the first publication of the notice of
the foreclosure sale as follows, and that a copy of the published 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:
Underground Properties, LLC
161 US Highway 89
Alpine, WY 83128
Underground Properties, LLC
PO Box 1027
Jackson, Wyoming 83001
Client 3279849.1
3. That the date of mailing of the notice of intent to foreclose the Mortgage
was January 28, 2014 and the date of the first publication of the notice of foreclosure sale was
February 19, 2014.
FURTHER AFFIANT SAYETH NAUGHT.
2
By: Julian Gabiola
MOFFATT, THOMAS, BARRETT, ROCK
FIELDS, CHARTERED
412 West Center
Post Office Box 817
Pocatello, Idaho 83204
41i
SUBSCRIBED AND SWORN to before me this ,R 8 day of March, 2014.
Its TARY UB IC
Residing at C 1.11) My Commission Expires c 0 f
FOR IDAHO
Client:3279849.1
1 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 entire issue of said newspaper, and not; in any supplement
thereof, for
consecutive issues,
commencing with the issue date v l 2014, and
ending with issue dated 1
Subscribed and :.worn in before me this
2014.
My commission expires August 31, 2017
2014.
day of
JANA BRYANtT NOTARY PUBLIC
County of ,(0 .7" State of
Lincoln Wyoming
My Commisslon Expires August 31, 20i 7
WI RFA: tin the .payment of "pri cip,'al apc#; 1o
h occurred under the terms o a p romis s ory..
I.note t h e "Note") dated October 1, 2007, executed and: i g 1
,delivered. by Underground Properties, LLC, :a.Wyoming 1QQ,Il4
•Flexible Limited Liability_ Company ettiortgagor(s)-); fio trneb
'to the P rst• Bank of Idaho; fsb, dba Piist:-Bank `of- the. or ie
i I::incoins, and a real estate Mortgage (the •"Mortgage T
=of the same date securing the Note, which 'Mortgage:-
.,was executed r:
on, Octobe1, -2007 and delivered bp• said" $,e
bt L
a r s to said said.Mortgagee, and'whlch-Mort" etu
was recorded on October" 5, 2007 in. Book 674PR at-'; t
Page 740 in the records'of:the office of the CountyClerk ':.'i8
t:; :and ex- o€ficio Register of Deeds in and for Liineoln,. jj
:County, State of Wyoming; and
=4NHEREAS, Federal Deposit insurance�Corporation: -F V esto
;y("FDIC') is a•.corporation "organised and existing pur- ether
ti'siia an Act of Congress of the United States known =f
as the Federal Deposit' Insurance Act, 1.1 t. S.C. §1.811, t'
seq., with its principal .place of business located in :-2
Arashingtop, D.C. On April '24, •2009; the 'FDIC was
:~appointed as" Receiver- for First Bank of Idaho, FSB; dba
:~first „Bank of the Lintolns pursuant' to -12 :UK.
14$4(d)(2)(A) and §1821(e)(5). As the Receiver bf FBI,
hie -FDIC took charge• of.the:assets and affairs•of FBI;
i ncltiding''FBI's interest in the Note and Mortgage.••
;�VNEl2FAS, the'Mortgage was assigned by the FDIC for
valtie.
3 as follows:
Os[giiee: `20101 'CRE "Venture,'LLC, a Delaware Iiritited ":iI;iabilitycompany
Assigtun erit• recorded:, January 6; 2011.s.
t •.recording information: .Book 760PR. at
Page 146
r�,
n All. In the records of tile. County Clerk and officly
tegister. of Deeds in and for Linzcoln County Wyoming:
,V1-1ERPAS the Mortgage contains a power of sale
`�!bich by reason of said default; -.the Mortgagee:
eclares to have beconie operative and no sult or
•eeedin instituted at law t¢ ret;over :tlie.debt
'$eeured by the Mortgage; or any part thereof nor has:
k any •such suit. or proceeding :been. Instituted a t
,ame• discontinued;
VHE EAS,. written notice of intent to :foreclose the
"'Mortgage by advertisement and sale has been served 'j.
tkipoii the record owner` and the party in possession of
ikhe mortgaged premises at least ten (10) days prior to
4he commencement of this
publication, and the.
-v imount due upon the Mortgage on the date of first pub
°llcatigii of this 'notice of sale being the total sum of
'1,360,703 :28 which :sum consists: of the unpaid princi
;,;pal balance of $1;062,606.00 plus interest- accrued to
s.the •date of the first .publication Of this notice 'in the
;'amount of $237,387.56, plus attorneys' fees,- costs
rexpended, and accruing interest and•late charges after
thh date of first publication of this notice of sale; and
1? HEREAS, the property being foreclosed upon maybe
:;�✓s ubJect to other liens and encumbrances that will not
;be: extinguisliett at..the'sale. Any, prospective purchas-
r.should 'research'the status of title. before submitting•..1
•1
T THEREFORE 20104 CRE VenLu j T,G� c
,lei. ^•"`:�`1C.� .`7X'T y%
t'v.,� ^'P�` .r.'`ay, �c'�i.• t:.`: }a;;tii %fib; ;�r1"°�•;:m•+......_m.
I1ric�li���o�rtt�y `N as��$�a i
as par
l ip
oinln "';t e Pont,i
tflO;East;- ;202; =feet;
vEstae441`
dthY art s..
as 't,�i'
1oT 1 aIi�e.fl&
e
says:
Attorney Fees (Foreclosure)
Title Commitment
Publication Cost
Record Cert of Sale
Record Sheriff's Deed
Sheriff's Sale Fee
Sheriffs Deed Fee
Total
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF IDAHO
SS
COUNTY OF BANNOCK
Julian Gabiola, of lawful age, being first duly sworn upon his oath, deposes and
1. That he is a resident attorney admitted generally to practice law in the
State of Wyoming and is a member of the law firm of Moffatt, Thomas, Barrett, Rock Fields,
Chartered, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain
real estate mortgage.
2. That Moffatt, Thomas, Barrett, Rock Fields, Chartered, as attorneys for
the Mortgagee, will charge the Mortgagee fees totaling $6,099.20 as compensation for services
actually rendered in the foreclosure proceeding.
2,500.00
2,703.00
816.20
39.00
21.00
10.00
10.00
$6,099.20
3. That the above mentioned fee for services rendered and incurred in
connection with the foreclosure sale shall be retained entirely by the law firm of Moffatt,
Thomas, Barrett, Rock Fields, Chartered. There is no agreement, express or implied, between
such attorneys and their client, nor between such attorneys and any other person not a practicing
attorney of the State of Wyoming engaged with them as an attorney in this foreclosure
proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee
when so added to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and
residing therein.
Client:3280114.1
FURTHER AFFIANT SAYETH NAUGHT.
By. Julian Gabiola
MOFFATT, THOMAS, BARRETT, ROCK
FIELDS, CHARTERED
412 West Center
Post Office Box 817
Pocatello, Idaho 83204
)f1
SUBSCRIBED AND SWORN to before me this„/ S day of March, 2014.
NOTARY UBLIC FOR IDAHO
Residing at o,(�( ,111>
My Commission Expires P I (c 9 ,1 i -t
2 Client:3280114.1