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HomeMy WebLinkAbout977860CERTIFICATE OF SALE STATE OF WYOMING SS. COUNTY OF LINCOLN vu�tt 1 14eb k_ 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 dated January 24, 2005 executed and delivered by K& S Properties, LC, a Wyoming limited liability company, to Z -Farm, LLC and (b) that certain mortgage dated January 24, 2005, (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 26, 2005 as /in Book 577, Page 770, 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 described below, as follows, to -wit: {Cert of Sale (form).1} That part of the SE1 /4SW1 /4 of Section 11, T34N, R119W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 384 of Photostatic Records on Page 768, as follow: BEGINNING at a pipe on the south line of said SE1 /4SW1 /4, N89 °50'06 "E, 349.83 feet, from the southwest corner of said SE1 /4SW1 /4; Thence N01 °06'44 "W, 198.03 feet to a point; Thence S89 °50'06 "W, 337.06 feet, along a parallel line with said south line, to a point on the easterly right -of -way line of U.S. Highway 89; Thence N00 °34'33 "W, 140.25 feet along said right -of -way line to a point; Thence N89 °50'06 "E, 1226.98 feet along a line parallel with said south line of said SE1 /4SW1 /4, to a point on the toe of the west bank of the East Side Canal; Thence coursing the toe of said west bank as follows; S09 °24'32 "E. 24.59 feet to a point; S21 °32' 19 "E, 45.79 feet to a point; S03 °20'28 "E, 119.34 feet to a point; S07 °34'43 "E, 153.46 feet, to a point on the south line of said SE1 /4SW1 /4, S89 °50'06 "W 19.33 feet from the southeast corner of said SE1 /4SW1 /4; Thence S89 °50'06 "W, 932.70 feet to the PIPE OF BEGINNING SUBSEQUENTLY DESCRIBED as Lots 1,2,3,4 5 of Hidden Creek Subdivision, filed 6 -4 -2008, Instrument No. 939498 in the records of the Lincoln County Clerk, Lincoln County, Wyoming. Together with all improvements thereon situate and all fixtures and appurtenances thereto. with an address of: 101382 US Highway 89, Thavne, Wyoming 83127 w Q a E w 1- U M 0 ~i O M E- N O✓ .mo N yr U i W OD w U_ E Da z o M o z w co o0 Q o w U z O U z o U z J 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Z -Farm, 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. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the The Ranger, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing May 28, 2014 and again July 2, 2014 in said newspaper and ending with the July 23, 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. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On August 5, 2014 at 10:00 a.m. o'clock in the forenoon, at the front door 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 proper and that the highest and best sum bid for said real property was the sum of 140.1 (gyp. 51 "Bid Sum which was bid and offered by -�AfiZ� 1 i t....X "Successful Bidder and that after soliciting and calling for other and higher bids therefor, 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. 7. That included in the debt is the sum of 4,515.50 paid or owed to Welborn Sullivan Meck Tooley, 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. Attorney fees have been billed to and are being paid by Mortgagee directly to the law firm. 8. 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. 9. 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 August 5, 2014 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 5 day of 2014. STATE OF WYOMING SS. COUNTY 0 .The foregoing instrument was subscribed in my presence and acknowledged before me bydi141 Wit► g 4 1 Deputy Sheriff of Lincoln County, State of Wyoming, this ofA gu st, 20 My Commission Expires: B' Witness my hand and official seal. JAMIE PAINTER NOTARY PUBLIC COUNTY OF LINCOLN 14 My Commission Expires STATE OF WYOMING Sheriff in and for Lincoln County, State of Wyoming ACKNOWLEDGMENT 2 STATE OF WYOMING COUNTY OF NATRONA says: My Commission Expires: SS. EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE J. Kenneth Barbe, of lawful age, being first duly sworn upon his/her 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 Welborn Sullivan Meck Tooley, P.C., who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated January 24, 2005 (the "Mortgage and recorded on January 26, 2005 as /in Book 577, Page 770, 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 K &S Properties, LC "Mortgagor(s) the named mortgagor(s), and Z -Farm, LLC is the named mortgagee; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4- 101, et seq.. 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 evidenced by copies attached hereto as Exhibit 1. 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 15, 2014, and the date of the first publication of the notice of foreclosure sale was May 28, 2014; and again on July 2, 2014. FURTHER AFFIANT SAYETH NAUGHT. By: J. Kenneth Barbe (WY #5 -2158) Welborn Sullivan Meck Tooley, P.C. 159 N. Wolcott, Suite 220 Casper, Wyoming 82604 307 234 -6907) Subscribed in my presence and sworn to before me by J. Kenneth Barbe this I day of ep� 2014. Witness my hand and official seal. 2 0%1 1 1 i trail i r N ao LI v SS/ C "ueLic a» L rro K EITH i kA rR oN F A C, EXHIBIT 1 WELBORN SULLIVAN MECK St TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 7P4 ooa. 3e K &S Properties, LC Attn: Kimball Strickland PO Box 850 Midway, Utah 84049 co m m U.S. Postal ServiceTM, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come OFFICIAL USE a -Da Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Postmark Here RS Form 3800, August '2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY WELBORN SULLIVAN MECK TOOLEI, P.C. A T T O P N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 1 11 11 1 11! 7012 3460 0002 3679 1331 Hidden Creek, LC Attn: Kimball Strickland 106 Greys River Road Alpine, WY 83128 de OC' 6 WELBORN SULLIVAN MECK.61. TOOLEY, P.C. ATTORNEYS AT LAW 159 North Wolcott, Suite 220 Casper, WY 82601 m m m rq 14j.11.1 'inrtmgmmm 11 1111111 1E11 j --'7012 3460 0002 3679 1331 Hidden Creek, LC Attn: Kimball Strickland M Alpine, VVY 106 Greys River Zib:2 E '1.009 U.S. Postal Servicem CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage owled) For delivery information visit our webslte at www.usps.com© Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees 82601 036 Postmark Here .1 il I Sent To StrACIICAs—D WriiicAFt.No.; or PO Box No. City, State, ZIP+4 PS Form 3800, August 2006 See Reverse torinstructions, CASPER hi -82 $i .i.t ..2:014$ r. 1 •S r s% r f. at TO. II L. V.1. 1 n P-3 r. .1 3., 1-, I *1- POSTALIA3110:1', WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 7012 3460 0002 3679 1294 Hidden Creek, LC Attn: Christine Hedstrom PO Box 850 Midway, Utah 84049 0 0 d +1627 629E 2000 09hE 2'tOL SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Lvery cle Num ranter from service !dm oniestic Return R ecei j estricted Delivery? 7012 3460 0002 3679 1294 cress Mail Return Receiptfor`Merchandise Agen Addresse D es 1025 M 154QI Sent To City, State, ZIP+4 Total Postage Fees Certified Fee o c ab' 1' 0 0 d +1627 629E 2000 09hE 2'tOL SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Lvery cle Num ranter from service !dm oniestic Return R ecei j estricted Delivery? 7012 3460 0002 3679 1294 cress Mail Return Receiptfor`Merchandise Agen Addresse D es 1025 M 154QI Sent To City, State, ZIP+4 Total Postage Fees Certified Fee WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 CERTIFIED MAILTM 1 1 1 1 111 1 1 1 1 7012 3460 0002 3679 1300 TJ Hoffman 2420 E. Sterling LN PO Box 345 Randolph, UT 84064 ii 00E`C 62.9E 2000 09hE 2't0L SENDER: COMPLETE THIS'SECTION iele'Addresse 7012-3460 0002A:6 1300- COMPLETEETHIS SECTION ON:DELIVERY•': ate :of' omestic,Retum-" ice Type ertlfied Mali 0 Express Mail egistered C .Return Receipt for Merchandise Insured Mail 0 C O.D. estncted Delmeryn? %(Extra 1 02595 -02 -M= 1540{ r WELBORN SULLIVAN MECK TOOLEY, A T T O R N E Y S Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 O' Internal Revenue Service 201 W. Rivercenter Blvd Covington, Kentucky 41011 Mail stop: 84 20 G 7012 3460 0002 3679 1317 ots w zo �sszo iiaoay wn}aa °q ela) anijaa pa}ou4se �[eyy pamsu( �ssi6a r p W0 n airti aoinia 4t13/11730 NO NOIIO3S SIHl 7dWOO 7012 3460 0002 3679 1317 WELBORN SULLIVAN M ECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 1 11 111 1 1 QII 1 7012 3460 0002 3679 1324 Lincoln County Treasurer Kathy Tomassi 925 Sage Ave Suite 102 Kemmerer, WY 83101 h2ETt 629E 2000 09hE ETOL PS; ii40Weleirees 'ate Num ranefer from senilce Restricted Delivery? (Extra Fee) omestic Returi'Recep; COMPLETE THIS SECTION ON DELIVERY f A Opt Addressee ate _of Delivery press Return Receipt for Merchandise C.O.D i 102595 -og nn 1540'; WELBORN SULLIVAN MECK TOOLEY P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 11 11 1 1 Iu 7012 3460 0002 3679 1263 Lincoln County Treasurer v KathyTomassi (Y 925 Sage Avenue Suite 102 Kemmerer, WY 83101 E E g 0 E92t 629E 2000 091,E 2TOL +34 0 1 {0fl02 1 3674 I bI2L3s COMPLETE THIS SECTION ON DELIVERY WELBORN SULLIVAN M.ECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 o CERTIFIED MAILm, 1 1 11 111 1 1 7012 3460 0002 3679 1287 Internal Revenue Service Tax Lien Department 201 W. Rivercenter Boulevard Covington, Kentucky 41011 tf) Mailstop: 84 20 G s E m o a m VET d� LL LL m LL d Z 2 m m j vc =cc rt U m m EG mm -o N w cw L92'I 6t_9E 2000 09hE 2TOL SENDER: "OMPLETE THIS SECTION Pnnfe xpss Mai{ eturn Receipt for.Men:han Ilse cie Number a4 ransfeefrom service 1 nsured §7.001 1* 60 pt ate tnoted Deliv,160 (Extra Fee 7012 3460 0002 3679 1287 Date of Delivery Ye's '102595-02 -M 540=' WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T I A W 159 North Wolcott, Suite 220 Casper, WY 82601 CERTIFIED MAILTM 1 1 1 1 11 i 1 i 111 1 7012 3460 0002 3679 1270 TJ Hoffman 2420 E. Sterling Ln PO Box 345 Randolph, Utah 84064 0Z2`C 6.9E 2000 0911E 2!tOL omestic Retum;Receipt 012; 3460'00n `3679` COMPLETE THIS SECTION ON DELIVERY Si u° 61 ®eas1i ice Type ertified Mall fl Express Mail Registere' etum Recelpt for Merc fiandise In sured Mai. Q C O D +Restricted Deliv (Extra Fee) '102595-02-M-1540 WELBORN SULLIVAN M.ECK TOOLEY, P.C.. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 co 'J .IZIIIISI-I'SIII ■[I 1 1 1 1 7012 3460 0002 3679 1249 ti K &S Properties, LC Attn: Kimball Strickland PO Box 850 Midway, Utah 84049 At/311173U NO ao3S s�I337d141 o \T 0:44011eR PI a E W1c kd (ƒwjs atlitinNA0i 7012 3460 0002 3679 1249 WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T LAW 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 111 011 1 7012 3460 0002 3679 1232 Hidden Creek, LC Attn: Christine Hedstrom PO Box 850 Midway, Utah 84049 1. Article A.ddressed,to: COMPLETE THIS SECTION ON DELIVERY elivery address differgnf from Item ES enter delivery address be low: Complete items 1; 2, and 3 Also complet item if ;Restricted Delivery is desired Annt your name .and address on the reversi •so that we can return the.card to you Attach this card to the back of the mailpiece; or on the front if space permit: ressee of Delivery:-' 7012 3462 0002 3679 1232 WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T l A W 159 North Wolcott, Suite 220 Casper. WY 82601 .1111111rig rriti 'im i Ell I Hidden Creek, LC Attn: Kimball Strickland 106 Greys River Road Alpine, WY 83216 7012 3460 0002 3679 1256 q*. WELBORN SULLIVAN MECK TOOLEY, P.C. ATTORNEYS AT LAW 159 North Wolcott, Suite 220 Casper, WY 82601 .11 I-(1 ru 1'- m D D Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees '11I 111 NI nut 111:11TITEMIMM 3460 0002 3679 1256 liden Creek, LC Attn: Kimball Strickland 106 Greys Ri Alpine, WY E xi E 82601 (0036 42$03.7121B-6.7-0 0 1 .0i1 1 14 1 1 1 11 1 I 11 1 1 Postmark Here Sent To k eek Kt INAcot 1 afreet, Apt No.; or PO Box No. 0 are City, State, ZIP+4 bzatu PS Form 3800, August 2006 See Reverse for Instructions r r'r: (14:14: 2,.P14 Pt 802 S E 1009 RETURN TO SENDER NO MAIL RECEPTACL UNABLE TO FORWAR RECEIVED JUL 0 3 2014 2179- E 000 6/ 0/1 4 U.S. Postal ServiceTM CERTIFIEP MAILTM RECEIP (Domesilc Mall Only; No Insurance Coverag vided) For delivery Information visit our website at www.usps.come, OFFCAL USE CERTIFIED MAL WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 iii 7012 3460 0002 3679 1225 K &S Properties, LC Attn: Kimball Strickland PO Box 850 Midway, Utah 84049 s\-\\??-° 522`C 62.9E 200E 0911E 2'tOL 0 0 a m m U E E m a era a.m E m Q c ij SENDER: COMPLETE THIS SECTION CtlMPLETE ON DELIVERY Idressee1? eturn Recelptfor Merchandise 102595 -02 -M- 1540:: WELBORN SULLIVAN HECK TOOLEY, RC. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 1 1 1 7012 3460 0002 3679 1201 Hidden Creek, LC Attn: Christine Hedstrom PO Box 850 Midway, Utah 84049 `o. CERTT'FIED MAILTM RECEIPT (Domestic Mali Only; No Insurance Coverage 'ded) For delivery Information visit our website at www.usps.com aa (4U FPC L PS Form 3800, August 2006 See Reverse for Instruction Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) Total Postage Fees Postmark Here ti Sent To r1 O Street Apt No.; n' or PO Box No. City, State, ZIP+4 WELBORN SULLIVAN MECK TOOLEY, P.C. A T T O R N E Y S A T L A W 159 North Wolcott, Suite 220 Casper, WY 82601 1 1 111 Ouu i 11 11 1 1 7012 3460 0002 3679 1225 K &S Properties, LC Attn: Kimball Strickland PO Boa 850 Midway, Utah 84049 WELBORN SULLIVAN MECK TOOLEY, P.C. ATTORNEYS AT LAW 159 North Wolcott, Suite 220 Casper, WY 82601 rR 11.1 0 m nJ Hidden Creek, LC Attn.: Kimball Strickland 106 Greys Alpine, WY NI XIE 7 1111111 3 ,111111!111 3 11,14111 8280107036 U.S. Postal Servicen, CERTIFIEp MAILTM RECEIP (Domakc Mall Only; No Insurance CoveragWylded) For delivery IntormationmIsit our website alwwviusps.como OFFICIAL "SE 1111M110 ME= aa Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Postmark Here ent To Street, Apt. No or PO Box No. n.lack.11 City, State, ZIP+4 PS Form 3800, August 2006 See Reverse for Instructions 11.2'13STA: 0 6,4 R 802 DE 1009 0005/20/14 RETURN TO SENDER NO MA11_ RECEPTACLE. U N ALE TO F OR AR D sc: -826017:03157.0 073.6-1,467 11-15-3 POSTAllA3110 4 STATE OF WYOMING COUNTY OF LINCOLIN) at: I, f Office, in and for the I received the within in the above manner, �7 of t7a/ o�ss� RETURN OF SERVICE of Lincoln County Sheriff's said County and State aforesaid, do hereby certify, that Jt r` c filed and that I served the same in the County aforesaid on 20/4; by delivery a copy to: ln. a( Ac..S /.-te c.. 14-Cl 22' i• 7x1. Notary Public Sheriff M have Johnson LEE R. DENNIS NOTARY Pllr_iC Stote of N1 /Dining County Lincoln My Commission Expi' •ust 25, 2016 NOTICE O.F DEFAULT AND INTENT TO FORECLOSE AND NOTICE REQUIRED BY THE FAIR DEBT .COLLECTION PRACTICESACT (15 U.S.C. 'Section 1592 et seq., as amended) TO: K&S Properties, LC Attn: Kimball Strickland PO Box 850 Midway, Utah 84049 Hidden Creek, LC Aftn: Kimball Strickland 106 Greys River Road Alpine, WY 83728 Hidden Creek, LC Attn: Christine Hedstrom PO Box 850 Midway, Utah 84049 On January 24, 2005, K&S Properties, LC and Hidden Creek LC, as mortgagor(s), executed and delivered to Z Farm, LLC„ as mortgagee, a mortgage on certain real property described in the mortgage, as security for payment of a promissory note in the principal amount of $140,000, which was executed and delivered by the mortgagor (s) on the same day. The mortgage was duly recorded at the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming, on January 26, 2005, in /as Recelvino No. 906097, Book 577, Pape. 770. There has been a material breach of the mortgage note, which the mortgage was given to secure, in that payment was not made on October 1, 2012, nor on any date after said date as required by the terms of the mortgage note. The mortgage contains a Power of Sale by Advertisement which, by reason of the above stated default, Z -Farm, LLC °Mortgagee"), declares to have become operative. As of May 8, 2014, the total °amount due and owing on the mortgage note and the mortgage is $140,099.57, which represents the entire unpaid principal balance of $125,965.97, plus accrued but unpaid interest from October 1, 2012, to May 8, 2014, in the amount of $14,133.60, Interest will accrue after May 14, 2014, at the rate of 12% per annum as $41.41 per diem. The amount due may also increase by the amount of any additional late charges and attomey's fees and costs which accrue pursuant to the terms of the mortgage note and the mortgage. If you dispute the validity of the mortgage debt In writing within thirty (30) days after receipt of this notice, the undersigned attorney will obtain verification of the debt and a copy of the verification will be mailed to you. The name and address of any mortgagee or assignee will be provided to you if, within thirty (30) days after receipt of this notice, you {NOI (for m).1) ;make written request to the undersigned attorney for the names and addresses. NOTICE 18 HEREBY GIVEN to you that as a sult of the above- stated default of the mortgage note and mortgage, Mortgagee now considers all of the principal and accrued interest due and payable in fpil, in accordance with the terms of the mortgage note and the mortgage, and will cause the.property to be sold at a foreclosure sale of the real property described in the mortgage by advertisement and sale, as provided by the mortgage and applicable law. Failure to respond to this notice shall be considered your agreement to allow a public Sale of this property. All information obtained-from you will be used in the collection of the debt. This communication is from a debt collector. If you are on active duty in the armed forces, please notify this office Immediately so your rights can be protected. Dated: T)\ 2D (y r Copies to: Z -Farm, LLC Z- Farm,LLC enneth Barbe (WY Bar No. 5-2158) 159 N. Wolcott, Suite 220 Casper, WY 82601 Phone: 307 234-6907 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 entire is pie of said newspaper, and not in any supplement thereof, for l� consecutive issues, commencing with the issue date 2014, and ending with issue dated Subscribed and sworn in before me this 2014. My commission expires August 31, 2017 FORECLOSURE SALE NOTICE WHEREAS, default in the pay- ment of principal'. and iinterest, 1 has occurred; under the ;terms of a promissory note (the "Note') datediJanuary'24, 20.05, executed 4 ancI delivered. byK&S Properties LC, 'a. Wyoming limited liability_ company, (`-`Mortgagor(s)''to Lr Farm, LLC; ;and a real estate, .I mortgage, (the "Mortgage of PP :he same date°securing the;Note, which Mortgage: was ,executed: and delivered by said, i Iortgagor(s); toisaid Mortgagee Ind, which Mortgage wasp record- d' on:January 2„ 2005, m /asEBook 577, Page 770) in the records of office of the (ounty Clerk ind.exofficio Register of Deeds in. -j iici for Natrona County; State of` rUyornmg, and WHEREAS; the Mortgage ;,c sins a power of sale which by 'I i eason of .;said .default„, the° Iortgagee 'decl'ares to..• have:, lecorne operative;; and no,suit or: iroceeding; has been instituted a '1'aw: to ;recover the: .debt," secured by th e 1Glortgage ;,orany. t. ?art thereof;: nor .has any 'such' or proceeding, been matittit: and the same discontinued end 'WHEREAS' written- notice of, aterit to :foreclose the Mortgage: ).y advertisement .and sale has T een served• upon the record'' wner and the party in posses ion of t he mortgaged premises- `least ten (10) day prior to t he,.. ota� commencement ,of this pubhca= tion;, and the amount due; upon the Mortgage on the date of f publication of this notice of s al e being the total! sum o $140.969.1 whicht'sum consists, Of-- the unpaid principal" 'balance of', =1 25,965.97, plus interest accrued to the date of the first publication of this :notice rfn the., amount,of $:15 003 2 +1 plus;,oth outs tand ing charges plus.;atto neys'' fees costs expended and accruing :interests and late charges after the date ,of, 'first: publication ,of this:notie of sale;; WHEREAS' the property beingY foreclosed; up may be? siib to zotl er liens andencurnbrances that :will n o tie extinguis at;' the sale Any prospective pur= chaser should research the sta tus, of title before submitting, a NOW, THEREFORE, Z Farm;, LLC;; as the Mortgagee •will have the Mortgage ,Asi by law .provided by causing the: ,most gaged property tabesold.at-pub lic venue by.the Sheriff or Deputy Sheriff m and: for Lincoln County Wyoming, to the highest! :bidden for keaSir at ,1 00 oclock, the); F forenoon on tune 24 at thefront door of `the Lincoln',. County Courthouse in' Kemmerer Lincoln County Wyoming, for application. ,on thee above described amounts'' secured by the Mortgage;, said.,y mortgaged; property being _descr'i'ed as_follows .to-wit IP JANA BRYANT NOTARY PUBLIC County oI State of Lincoln Wyoming My Commission Expires August 31, 2017 ublic day of At: ,part of 'DEI/4SW1! %4° of ),F Thenc ;coursing +t i et a :of. saidr s ection 1'1,, T34N, Rn9Q,'Lincoln 1 west bank s';follows' I oun W,. ,ornin sit being the.! ,S09' 2432 ":E:. 24 59') feet to. a Dint' l 1 interitto•more correctly describe •S21i 32'19 "E, 45.7x9 feet' a point' i, that tract of record in the ,Office; S03; 20'28 "E; 119:34: feet :to a•? of the .Clerk of Lincoln Countyini 7 pom4 Bondi 384' of •Photostatic R S07' ,3`4;'43 "E 1'53' 46;.,•feet ';to ati on; page 768 „as follow. r pomt ,on the south line of said i BEGINNING', at a pipe on the .SEl /4SW1/,4;; S89 5.0.'06” V 1.913a] south._ dine of said, SE1 /4SW 1r /4; 'feet from the southeast corner+of I N89 50'06 "E„ _349:83,feet, from th said SE 1/4SW1'/4; u, southwest ;corner: 'of ,saidt 'Thences89 50;:0:6 "W,932 70iifeet'to;' 'SEt /4SW1 /4 ;Y the PIPE# OF` BEGINNING' Thence N01: ,06'44 W 198 03 feet: With, ,an addres oft 1`01382, us to a;point;; i °Highway. 8 'Mayne", Wyoming Thence $801';:;5067W1..337' 06 feet, ..*t'... ong' a parallel. *line withi `Together wittitiall�irnprovementst south!line, toga point ontheaeast thereon situate arid ;alt fixtures;; erly, .right,ofway -line of: U'S and appurtenances thereto:, Highway 89 Z Farm LLC' Thence •N00 34'33 "W; 140 25' feet By: J Kenneth Barbef;(5- 2158); along said right -of =way lineto a. W elborn Sullivan Meck Tooley Hp 1+59 N tWolcott. Suite ?220i 'T N89y 50'06 E, 1226 9;8 fee Casper, WY 826©4 alo ng a line parallels with said •(307) 234 -6907' southsline ofs aid'SE1 /4SWlt /.'4. to; Publish. M. `'Q -n EXHIBIT B 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 en z issue of said newspaper, and not in any supplement thereof, for t 4 consecutive issues, commencing with the issue date y 2014, and ending with issue dated Subscribed and sworn in before me this JANA BRYANT County of Lincoln AR PUB IC fate of Wyoming My Commission Expires August 31, 2017 2014. My commission expires August 31, 2017 FORECLOSURE SA NOTICE WHEl2EAS,..default in, the pay iment. of principal. ;andl intserest, .a has occurred under the terms of a promissory note',(the Note dated January 24, 2005, execut ed and ;delivered,,_.by K&S, Properties, LC, a *yoming liniit ed; :liability company.; (`Mortgagor.(s)) toZ Farm; anda (the Mor,-tgage'); of the, same date, securing, the: Note, which Mortgage was ..executed+ and delivered by said'Mortgagor(s); to said Mortgagee •and, which Mortgage, was recorded on January 2,2005, in /as Book 577„ Page:'7,70, inl the: ..records.,. of. the',. office of the .'County .Clerk and ex officio Register -of Deeds m, ands for County; State of Wyoniing; and WHEREAS,, fhe Mortgage; tams a power of sale which; reason of,': said.. :default,: the,' Mortgagee'; declares to have beeoineoperative,,;and no suit 3 proceeding has been instituted at law to recover the debt s secured by the Mortgage, or any'. part!': thereof; nor'; :has ,any, such. suit for pr,oceedingabeen institut- r.ed ;and tlei same ;discontinued` 2014. WHEREA written) notice of intent, to;:foreclose::the Mortgage by advertisement °;and sale has q 'been served upon the record owner and "'the ,party in ;posses 1 hsion `of the mortgaged premises c3 day of at leastfen (10)' -days prior to the commencement of this publica- ton, and the amount :due upon ti the Mortgage on the date of first publication of this notice of sale being the total ;`sum of which sum consists,. t; of the inpaid ;principal •balance- of.: $125,965 9.7;. plus interest.; accrued'to the date of the first publi'cation of this notice in the :amount, of $16;241198;, Pits other, outstanding-charges; plus. attor •neys fees,.: costs r'exp,ended,:;and: accruin,gh interest,' !and+ .l;ate charges; after: the date of first:.; publication of this notice. WHEREAS the property being -foreclosed upon May subject to •other; liens and encumbrances that will' not be extinguished at the safe -'Any prospective •pur chaser should, research the' tus of title before submitting .a bid, r '.NOW, THEREF -ORE, Z`Farm LL as the Mortgagee, will+ have the:, Mortgage, foreclosed; .as, 'byy law :provided by causing. the rnort t.:gagedproperty to besoldiat,pub w lic vendee by the Sheriff ;y Deputy in, and fon Lincoln; County; Wyoming, to'the highest: bidder cash at 110':00 o clock in the forenoon on, August. 5 2014, at then front door of ,the Lincoln'County Couithouse in ';;.Kemmerer.` Lincoln County Wyoming, for application-:on'the .above_ described amounts secured' by the Mortgage, said mortgaged property being k .;,de as:'follo EXHIBIT B That part °of the SE1/43W1`/4 of Section, l`.i; T3,4N;' R119W,. Linc ol n', 't County, Wyoming, it being the intent to correctlydescribe:' that tract} of record in Office' of the Clerk of, Lincoln County -in' Book 384 of PlotostaticRecord's on;Page;7,68' as, follow BEGINNING' at a, pipe on the I south line of said SEli /4SW1' /4;. N89, °50'0.6 "E,; 349:83 ..feet from; the southwest corner' `,of said SE1� /4SW,1/4, Thence N01 °06'4'4 W; ;1)98' 03 feet toga point;, Thence ;589 50'06' W;, 3306 feet, along a, parallel? line with s aid south line, to appoint on the east- erly right-of-way line,; oft U S. Hi'ghway'89; Thence N00 34'33"W 1140 25 feet 'along, said right -of way `line to: a.. point Thence +N89 °50';06 E, 1226 98;feet along a 'line parallel with said southr•line of said SEl' /4SWI7 /4, :to..^ a; point .on, the' t ofi the --west bank of,the'EastSide Canal, Thence coursing; the toe :ofY said west bank as follows„ S09 °24'32; "E 2459 feett'o a,point;. -.S21.°32,'19 "E 45. ;794eettoapoint;. S03 °20;'28 E, 119 34 feet. to p nt 5.0 °3 4''43z'E feet, toi point on;'the south line of said S E11 /4SW1{ /4;, S89 °50~06 "W 1'9133 feet from.thesoutheast ;:c orner of said SE1/4SW1/4; Thence,S89. 50'0'6'W .9.32 70;•feet to the'PIPE OF'BEGINNING, with an address .of 10}1382 US` Highway 89; Wyominge 83.127 Together., twrth all improvements: thereona;situate• and ali fixtures';' .and appurtenances ,thereto:' f 'Z- Farm,'LLC ;ay J. Kenneth Barbe (5 215.8) Welborn Sullivan Meck,& Tooley 159N. Wolcott,; Suite 220) •:Casper; WY 82604 ..(307) .Publish July, 2,:9, 16, 23; 20.14! EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING SS. COUNTY OF NATRONA J. Kenneth Barbe of lawful age, being first duly sworn upon his/her oath, deposes and says: 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 Welborn Sullivan Meck Tooley, P.C., who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Welborn Sullivan Meck Tooley, P.C., as attorneys for the Mortgagee will charge the Mortgagee fees totaling 4,515.50 as compensation for services actually rendered in the foreclosure proceeding. 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 Welborn Sullivan Meck Tooley, P.C. 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. My Commission Expires: FURTHER AFFIANT SAYETH NAUGHT. Witness my hand and official seal. By: 2 J. Kenneth Barbe (WY #5 -2158) Welborn Sullivan Meck Tooley, P.C. 159 N. Wolcott, Suite 220 Casper, Wyoming 82604 307 234 -6907 Subscribed in my presence and sworn to b- ire me by J. Kenn h Babe this day of 2_____ 2014. +r Eat 0 0 1111 rrn