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HomeMy WebLinkAbout978216235708 SHERIFF'S CERTIFICATE OF PURCHASE AT FORECLOSURE SALE THIS CERTIFICATE made on the date below written, by the Sheriff of Lincoln County, State of Wyoming, to Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154. WITNESSETH: WHEREAS, a Mortgage was executed by Don Hutchinson and Terry Hutchinson, husband and wife on June 29, 2009, to Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Bank of the West, Mortgagee, for the following described real property: Lot 11 of Block 10 of the Amended Plat of the Town of Opal, Lincoln County, Wyoming as described on the official plat filed on March 7, 1977 as Instrument No. 490264 of the Records of the Lincoln County Clerk, also known as 181 Mule Deer Street, Opal, WY 83124, which Mortgage was on July 6, 2009, duly recorded as Receiving #948121, in Book 726, at Page 795, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The Mortgage was assigned to the present holder Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154, on June 18, 2014, and such assignment was recorded on July 7, 2014, as Receiving #977340 in Book 835, Page 654 in Lincoln County, Wyoming. The current record owner of the property is Don Hutchinson and Terry Hutchinson, husband and wife, as tenants by the entireties. WHEREAS, a delinquency in payments occurred, pursuant to provisions of said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale contained in said Mortgage to be operative; that pursuant to the provisions of Wyoming Statutes, 1977, §34 -4 -101 through §34 -4 -113, I do hereby certify that the property foreclosed is situated in Lincoln County, Wyoming, and more particularly described above, and was duly advertised in the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming, for four (4) consecutive weeks, to wit: July 31, Aug. 7, 14, 21, 2014, as is more fully shown by the Affidavit of Publication attached hereto; and THAT said property was sold in one parcel at public vendue in accordance with the Notice of Foreclosure Sale at the date and time set forth, to wit: August 26, 2014, at 10:00 a.m. Said sale was made by me, and the above described property was sold to Bank of the West, a California state banking corp., of 13505 California St., NE- BBP-02-M, Omaha, NE 68154, in the sum of $91,692.34; and THAT by virtue of the sale and purchase, the payment of money as described above by the Purchaser, and the authority vested in me thereby and by law, I hereby give and grant this, my Certificate of Sale, to Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154, and do hereby certify that the Purchaser, or the Purchaser's assignee, will be entitled to a Sheriff's Deed at the expiration of 3 months and thirty (30) days from the date of this sale, unless the same shall have been redeemed prior to that date as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of August 2014. 978216 9/2/2014 11:39 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 838 PAGE: 717 CERTIFICATE JEANNE WAGNER LINCOLN COUNTY CLERK III 111 III I I�►I�IU I V II I I111111111111II11 1111 !1111!!! I! 111111! 111 STATE OF WYOMING COUNTY OF LINCOLN CHRISTY( WY NOTARY PUBLIC County of State of Lincoln o; Wyoming x ,1 0 r y ;.,ot 1m.„sion Expires By: My Commission expires: 7 -40-it SHERIFF OF LINCOLN COUNTY STATE OF WYOMING The foregoing instrument was acknowledged before me by John P. Stetzenbach as Deputy Sheriff of Lincoln County, this 26th day of August 2014. bt. rial Offi er Signature of Not Title and Ra KEMMERER GAZETTE AFFIDAVIT OF PUBLICA" IC Kemmerer Gazette Kemmerer, Wyoming unty, wyomu g as s o Instrume'; r� b 1 490264 o f t tlsohknown atit8T ule De r VITA mortgage 81 oo was'.om.tiJu in k 726 at Page 7 'Officio Register rof Deed s<o'� v as asslgnedA the_preser ahfornia�St NE BBP such asstgnment was recorded on €J u ly 1 B ook:835 Page 65 .10 :1, nco1 unty roperty is'Don Hutchinson and Terry enants by the entireties That t he defautt, to said Mortgage has occurre b yteason o f; ortgagor for assignees to pay the princi and the', 'whin the same}became; due and,paya said: e�to the eff ect that a defa l e occurnng authorize the Mortgagee or its assigns at e•debt +secured thereby to be due and,pay aw tdzadvertise sell said p roperty to �eyenne, aw to`recover thereof or if 'S f th West a Ten Mortgage y Hutchin +_i stems, Inc ►e payment ortgage IVi al,,Lincoln rch 7 1977 r' ecetving lerk and ort,, e M ahforma Defa t ha'k14,4 been mad m the cond that cert da a 7 e 29; 20 x,:iii given by Don H utch nson and o n0husband. pd�wtfe, ;Registration's MERS s o1el as norrunee f or tBank.of the West to�secure t f?onetcert Promissory N ote of e date therewi whtc rnbr'aced the fogowing real property to wit Lot 1�1 o,fB ock 1`0 f the Amended'Plat of th Town of age telb 154, onb +1E8 2©14, an't t, 014--as Rec itn°g,#97,7340' 1 e' current r .,016wne{ of Hutchinsoi iltusband andfwife sin rdefat''r :terrostst ortg g ion n the conk, t 9r4,therr op an atisf�y er �A Sx ,atossurt'or,proceerhng instttute e de ren aatr"g secured by saidFMortgage or any 1 striated such" action has been+dtsconttnued;, and B *aUform state banlan corp of 13 Cahfornt S mah N 6..80,4 e owner of, said Note'and Mortga Vfit �t�ritten notice to foreclose the M verttsement in dsal +r' P a�ossess�ori�more�'th e�has+been served upon the record�ow }and pa rt an ten'da s r or to the< first date of publ ication 6 notice d bd� g e�rontrstelis of theyLmcoln County Courthouse, +Kerxmer �t of 1'0 00¢ a m one Au st 26' 2014 'I- Iowever, ti 4P.UBLI6I:�dulY_31; Aug 7 >E'REFiORE Notice is hereby given that the above escri e will be'offered e' rliour 'for s sold by the:Sheriff of�Lmcoln;; 't bidde rfor ca s h`at ublic min or his Deputy, to. the higher p 4 01!(a)(ui) such sale: all not be held unless a ;epresentatave�o�f th lVIortgagee is present There is due and owing as of he date of hl hcatton the sum of $88 820 09 Publicatton will be 1y31, Ag 7 1'4 ^21' 2014 Such sum will continue to accrue interest' e mortgage, all "to;; e d to the indebtedness, orecl'osure sub.1ectto other "lien and; i e ;sale }and any p rosper=;;; e befo r rP co re submi a bid. b ank I g c/ Pa tt on- an ttorneys at Law p:Q Box 945 yoming 82003:.; 4..073ID, KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Mark Tesoro, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of consecutive issues /weeks; the first publication being on the day of A/4C 20 f and the last publication being on the 1 day of 1- //J.(i/,t.t.J t 20 (4; and that said advIrEisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF r STATE OF LINCOLN 1(i .'r WYOMING MY COMMISSION EXPIRES 515/16 Subscribed in my presence and sworn to before me on this c=�t( day of 74 A. D 20 L.; by Mg1Thesoro, Publisher ,77 A() IJl L '�-),,Li K -GG4 t,� t Notary Signature u NOTICE OF INTENT TO FORECLOSE MORTGAGE TO: Record Owners and Parties in Possession: Don Hutchinson P.O. Box 842 Kemmerer, WY 83101 Terry Hutchinson P.O. Box 842 Kemmerer, WY 83101 Don Hutchinson 181 Mule Deer Street Opal, WY 83124 Terry Hutchinson 181 Mule Deer Street Opal, WY 83124 Don Hutchinson P.O. Box 6 Opal, WY 83124 Terry Hutchinson P.O. Box 6 Opal, WY 83124 TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular Wyoming Statutes §34 -4 -103, you are hereby notified that Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154, Mortgagee, intends to foreclose by advertisement and sale that certain mortgage given and executed by Don Hutchinson and Terry Hutchinson, husband and wife to secure a Mortgage Note given and executed by Don Hutchinson and Terry Hutchinson, husband and wife to Mortgage Electronic Registration Systems, Inc. "MERS solely as nominee for Bank of the West. The mortgage was executed on June 29, 2009, and was recorded on July 6, 2009, as Receiving #948121, in Book 726, at Page 795, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The Mortgage was assigned to the present holder Bank of the West, a California state banking corp., of 13505 .California St., NE- BBP -02 -M, Omaha, NE 68154, on June 18, 2014, and such assignment was recorded on July 7, 2014, as Receiving #977340 in Book 835, Page 654 in Lincoln County. The current record owner of the property is Don Hutchinson and Terry Hutchinson, husband and wife, as tenants by the entireties. There is due and owing as of the date of first publication the sum of $88,820.09. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the note and mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. THIS NOTICE is sent to you as the record owner and or the person in possession of the mortgaged premises described as follows: Lot 11 of Block 10 of the Amended Plat of the Town of Opal, Lincoln County, Wyoming as described on the official plat filed on March 7, 1977 as Instrument No. 490264 of the Records of the Lincoln County Clerk, also known as 181 Mule Deer Street, Opal, WY 83124, by certified mail, with return receipt requested, mailed to your last known address ten (10) days before the commencement of the publication of the Notice of Sale. In compliance with the Fair Debt Collection Practices Act, 15 USCS 1692, we provide you with the following notice and information. (1) The amount of the debt as of the first date of publication is $88,820.09; (2) The name of the creditor to whom the debt is owed is Bank of the West, a California state banking corp.; (3) Unless you, the consumer, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid; (4) If you, the consumer, notify us in writing within the thirty -day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment against you, if applicable, and a copy of such verification or judgment will be mailed to you by our firm; and (5) Upon your written request within the thirty -day period, we will provide you, the consumer, with the name and address of the original creditor, if different from the current creditor. Your attention is called to the Servicemember Civil Relief Act of 2003 and amendments thereto which contain inhibitions against the sale of the land under a mortgage if the vestee is entitled to the benefits of the Act. THE DATE of first publication of The Notice of Foreclosure Sale, and the subsequent publication dates are July 31, Aug. 7, 14, 21, 2014. Sale of the premises will be conducted by the Sheriff of Lincoln County, Wyoming on August 26, 2014, at 10:00 a.m., at the front steps of the Lincoln County Courthouse, Kemmerer, Wyoming. Dated July 14, 2014 By: Bank of the West, a California state banking corp. Jo "C' Patton of Patton Davison P.O. Box 945 Cheyenne, Wyoming 82003 (307) 635 -4111 Attorneys for Mortgagee STATE OF WYOMING ss. COUNTY OF LARAMIE I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law and I am a resident of the State of Wyoming. 2. That this Affidavit is pursuant to and in compliance with §34 -4 -112, Wyoming Statutes, 1977, and will be filed with the Sheriff below named at the time of sale. 3. That the Sheriff has scheduled a Mortgage to be foreclosed in Lincoln County, Wyoming, on August 26, 2014, at 10:00 a.m. 4. That there is no agreement, express or implied, between myself and my client, Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154, nor between myself and any other person for any sharing or division of the $650.00 fee which was charged for this foreclosure except with partners of Patton Davison or other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a fee through foreclosure network agreements. 5. That the mortgage referred to was given by Don Hutchinson and Terry Hutchinson, husband and wife, to Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Bank of the West, Mortgagee, for the following described real property: Lot 11 of Block 10 of the Amended Plat of the Town of Opal, Lincoln County, Wyoming as described on the official plat filed on March 7, 1977 as Instrument No. 490264 of the Records of the Lincoln County Clerk, also known as 181 Mule Deer Street, Opal, WY 83124, which mortgage was recorded on July 6, 2009, as Receiving #948121, in Book 726, at Page 795, in the Office of the County Clerk and Ex- Officio Registrar of Deeds of Lincoln County, Wyoming. The Mortgage was assigned to the present holder Bank of the West, a California state banking corp., of 13505 California St., NE- BBP -02 -M, Omaha, NE 68154, on June 18, 2014 and such assignment was recorded on July 7, 2014 as Receiving #977340 in Book 835, Page 654 in Lincoln County. The current record owner of the property is Don Hutchinson and Terry Hutchinson, husband and wife, as tenants by the entireties. FURTHER AFFIANT SAYETH NAUGHT. DATED July 14, 2014. STATE OF WYOMING COUNTY OF LARAMIE 14, 2014. P ELASPORTS NOTARY PUBLIC County of Laramie State of Wyoming My Commission Expires September 22, 2015 My Commission expires: ATTORNEY'S FEE AFFIDAVIT of Patton Davison The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on July Signature of Notarial d fficer Notary Public Title and Rank STATE OF WYOMING ss. COUNTY OF LARAMIE I, John C. Patton, being first duly sworn upon my oath, depose and state as follows: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton Davison, Attorneys At Law, and I am a resident of the State of Wyoming. 2. That I caused a Notice of Intent to Foreclosure Sale to be sent to: Record Owners and Parties in Possession: Don Hutchinson P.O. Box 842 Kemmerer, WY 83101 Terry Hutchinson P.O. Box 842 Kemmerer, WY 83101 Don Hutchinson P.O. Box 6 Opal, WY 83124 Junior Lienholders: None of Record by Certified Mail with Return Receipt Requested, on July 14, 2014, at least ten (10) days before the commencement of publication of the Notice of Sale. FURTHER AFFIANT SAYETH NAUGHT. DATED July 14, 2014. STATE OF WYOMING COUNTY OF LARAMIE AFFIDAVIT OF MAILING Foreclose Mortgage and a Notice of Don Hutchinson 181 Mule Deer Street Opal, WY 83124 Terry Hutchinson 181 Mule Deer Street Opal, WY 83124 Terry Hutchinson P.O. Box 6 Opal, WY 83124 1/. John Ton of Patton Davison The foregoing instrument was signed and sworn to before me by JOHN C. PATTON on July 14, 2014. (Seal) PAMELA SPORTS NOTARY PUBLIC Laramie a Wyoming LpteI11® yv% My Commission Expires September 22, 2015 Signature of Notari 1 Officer Notary Public Title and Rank My Commission expires: