HomeMy WebLinkAbout979047244580
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
CERTIFICATE OF SALE
This Certificate of Sale is made and delivered this 28th day of October, 2014, by the
undersigned Sheriff or Deputy Sheriff of the County of Lincoln, State of Wyoming, to First
Interstate Bank:
WITNESSETH:
WHEREAS, on or about November 20, 2007, Mark L. Boixvert did make, execute and
deliver that certain real estate mortgage to First Interstate Bank, as Mortgagee, whereby there was
mortgaged unto said Mortgagee the real property described as:
together with all improvements thereon and all appurtenances thereto, for the purpose of securing
the payment of Mark L. Boisvert's Promissory Note in the original principal amount of
$50,000.00. This mortgage was recorded on December 3, 2007 as Document No. 935317 in
Book 680 at pp. 200 -204 in the Records of the Office of the County Clerk in for Lincoln County,
State of Wyoming; and
WHEREAS, default has occurred in the payment of the principal and interest on said note
secured by said mortgage, and said mortgage contained full power of sale therein specified and
provided by law, and no suit or proceeding has been instituted at law to recover the debt
remaining secured by said mortgage or any part thereof; and
WHEREAS, notice as required by law has been given and published of the sale of said
premises by being published for four (4) consecutive weeks prior to October 28, 2014, in the Star
Valley Independent, a newspaper of general circulation printed and published at Afton, Lincoln
County, Wyoming, and that said notice specified:
time;
Lots 85 and 86 of Star Valley Ranch Plat 5, Lincoln County, Wyoming as described on
the official plat filed on June 7, 1971 as Instrument No. 431709 of the records of the
Lincoln County Clerk
1. The names of the mortgagor and the mortgagee, and any assignee at the applicable
2. The date of the mortgage, the date when recorded and the place where recorded;
3. The amount claimed to be due on said mortgage at the date of the Notice;
4. The description of the mortgaged premises conforming to that contained in said
mortgage; and
979047 10/28/2014 10:30 AM
LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8
5. The time and place of sale; and BOOK: 842 PAGE: 275 CERTIFICATE
JEANNE WAGNER LINCOLN COUNTY CLERK
111111111111 IIII 111Ilill II 01 �I0 111111111111111111111111111111111
WHEREAS, said sale was held at public vendue in accordance with said Notice of Sale
and at the time and place therein set forth, to -wit: at 10:00 a.m. on October 28, 2014 at the front
steps of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming,
Lincoln County, and sale being made by the undersigned; and
WHEREAS, at said sale First Interstate Bank purchased Lots 85 and 86 of Star Valley
Ranch Plat 5, Lincoln County, Wyoming as described on the official plat filed on June 7, 1971 as
Instrument No. 431709 of the records of the Lincoln County Clerk for the sum of $17.000.00
in partial satisfaction of amounts due under said mortgage. There were no excess proceeds of
sale.
NOW, THEREFORE, by virtue of the sale, the purchase and the payment of said money
as aforesaid, and by virtue of the authority vested in me by law, I hereby give and grant this, my
Certificate of Sale to the said First Interstate Bank, and do hereby certify that at the time of the
expiration of the period of redemption provided by law, by virtue of said sale, provided only that
said real estate is not redeemed prior to that time, I will give and grant unto said purchaser or its
assignee, a Deed conveying all of the title in and to said premises and all thereof, held by said
mortgagor, at the time of the execution of said mortgage, or at any time since acquired.
IN WITNESS WHEREOF, I have duly executed this Certificate of Sale as of the date
first above written.
STATE OF WYOMING
COUNTY OF LINCOLN
SEAL
M. Shane Johnson Sheriff
John P. Stetzenbach
On this 28th day of October, 2014, before me personally appeared to
me known to be a sheriff or deputy sheriff of Lincoln County, Wyoming, and the person who
executed the foregoing instrument and acknowledged that such person is a sheriff or deputy
sheriff of Lincoln County, Wyoming, and that such person executed the same as their free and
voluntary act.
Given under my hand and seal the date first ab e ve
CHRISTY MISPLAY NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires
1 -1U -W
CERTIFICATE OF SALE
Page 2
Deputy Sheriff
STATE OF WYOMING
COUNTY OF TETON
ATTORNEY'S AFFIDAVIT IN FORECLOSURE
ss.
Amy Wallace Potter, being first duly sworn upon oath, deposes and says as follows, based
upon her personal knowledge:
1. That Mark L. Boisvert, as borrower and/or mortgagor, has failed to pay the
principal and interest, when the same became due and payable, and otherwise has defaulted in the
performance of the conditions and terms of the recorded mortgage in favor of First Interstate
Bank encumbering the real estate referred to in paragraph 5 below. The mortgagee has elected to
declare the entire balance due and payable and to exercise the power to foreclose the mortgage by
advertisement and sale as provided in the mortgage.
2. That no suit has been instituted at law to recover the balance of the debt secured
by the mortgage. The following amounts are due as of October 28, 2014, in accordance with said
mortgage and the related note:
$41,663.73
800.38
76.24
1,109.94
720.00
$44,370.29 Total Due
unpaid principal
unpaid interest to -date
late fee
foreclosure costs to -date
legal fees incurred to -date
3. That the mortgage containing the power of sale has been duly recorded.
4. That written notice of intent to foreclose by advertisement and sale and notice of
foreclosure sale was sent by certified mail with return receipt requested to the mortgagor, record
owner, person in possession, and holders of recorded liens at least ten (10) days prior to
commencement of publication of the notice of .sale as required by Wyoming Statute 34-4
103(a)(iv) and 34- 4- 104(a). A copy of that notice is attached hereto.
5. That the property which is the subject matter of this foreclosure is described as
follows:
Lots 85 and 86 of Star Valley Ranch Plat 5, Lincoln County, Wyoming as described on
the official plat filed on June 7, 1971 as Instrument No. 431709 of the records of the
Lincoln County Clerk.
6. That the Affiant is an attorney admitted generally to practice in the State of
Wyoming and represents the Mortgagee. There has been and is no agreement, express or
implied, between affiant and the mortgagee, or any other person, for sharing or division of the
attorney's fee to be allowed or added to the debt involved.
7. That this Affidavit is made in compliance with Wyo. Stat. 34 -4 -103, 34 -4 -104
and 34 -4 -112.
Dated this 24th day of October, 2014.
STATE OF WYOMING
COUNTY OF TETON
Subscribed and sworn to before me by
ss.
WITNESS my hand and official seal.
R. SCOTT GARLAND NOTARY PUBLIC
COUNTY OF STATE STATE OF
SEA'TON WYOMING
MY COMMI$$tQN EXPIFJtim JUNG 24, 2015
Amy Wallace Po er
P44
this 24th day of October, 2014.
Notary Public
Attach Proof of Publication from Newspaper and
Copy of the Notice of Foreclosure Sale as it appeared in the Newspaper.
Attach Copy of Notice of Intent to Foreclose by Advertisement and Sale and
Notice of Foreclosure Sale
ATTORNEY'S AFFIDAVIT IN FORECLOSURE
Page 2
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 iss a of said newspaper, and not in any supplement
thereof, for rC jf
consecutive issues,
commencing with the issue date 06- 1 2014, and
ending with issue dated QC 4- 2014.
Subs ed qnd sworn in before me this
2014.
My commission expires August 31, 2017
NOTICE OF,FORECLOS,URE
WHEREAS, defaul the pay
..men t of p rincipal and interest
has.occurred under the terms. of
ueni
nanced note dated November
sere
No 9 3531
200 -204 in
Office of
err
irsf
a Mortgage
2 "0.:7;-
,execute
laver
owners
sion o
eN,LA
lea Pi Y tl 4y
st ;t`en
commen
tion and at °least twenty five
days prior` to�the date of the.
closure sale, the amount
upon the Mortgage on th
of4the first Publ fil\
of
to
accruin€
ate ,charg at
td; costs incurred after tl
of first publlication:of this
of Sale, andk .F
WHEI
forecl
the salerand' an
chser shou
day of
WHEREAS,'the written Notice of
Intent to Foreclose :the Mortgage
by AdvertisemenFan
t d Sale'anr'Y
een :serve'
h premises
ers of recorded 1
(10) :days prior ;to the
cemen of t his publica
ication o
e ..recor
p osse
fens at
p lus interest accrued to tt e'date
of the first Publication "of the
Notice of Sal in the�tam o unt of
$669 43 plus a
p lus: a ttorneys
NOW, THEREFO First
Interstate Bank the Mortgagee
aethe Mortgag fore
s close rod
causing the mortgaged
be sold at due. She
pub licAien
in' and f ort,
rty Wy
hest bidden for'cas h
a on October 28," 2014 at the
:fro ste ps of the Linc County
Courth located a t, 925 Sage,.
Avenue; I e Wyoming,
Lincoln County, for application
Lotsr85
Ranch .'E
wy omin
`offici `F
as Instrt
records ofth Lincoln
Amy W Potter
Garland, Ford &Pott
ox 4310, 235 E" Broadw
J kson`,' WY 8
733-0661
Dri
ommg,
Stale!'!
pn
'secure
moot
ac
(30T
Attorne
2 I
ollows
of Star Valley;
Lincoln County,
escnbe on the
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e
September 18, 2014
Mark Boisvert
PO Box 13184
Jackson, WY 83002
Mark Boisvert OR
Person in Possession
NKN Serub Oak Drive
Star Valley Ranch, WY 83127
Via Certified Mail
R. Scott Garland'
sgarland@gfattorneys.com
gfattorneys.com
To Whom it may Concern:
Garland Potter, LLC
Attorneys Counselors of Law
Mark Boisvert
255 W. Kelly
Jackson, WY 83001
Amy W. Pottet
apotter@gfattomeys.com
gfattolneys.com
Internal Revenue Service
1999 Broadway
Mail Stop 5021DEN
Denver, CO 80202 -2490
Attn: Tech Services Group Mgr.
RE: Notice of Intent to Foreclose Mortgage by Advertisement and Sale and
Notice of Foreclosure Sale
Please be advised this firm represents First Interstate Bank, the Mortgagee and Payee
under the below- referenced Promissory Note and Mortgage. This Notice follows the Notice of
Default and Demand Letter to the borrower dated September 3, 2014.
The Promissory Note and Mortgage (Loan No. 4780003708 and 4780003708R) were and
remain in default, were and remain accelerated and/or matured, have not been reinstated, and
First Interstate Bank has not and does not waive any default or other rights or remedies under the
Promissory Note, Mortgage or otherwise. This Notice is addressed to the Record Owner, Person
in Possession, and Holders of Recorded Liens and provides at least ten (10) days' Notice of
Intent to Foreclose Mortgage by Advertisement and Sale as well at least twenty -five (25) days'
Notice of Foreclosure by Advertisement and Sale as required by Wyoming Statute 34-4
103(a)(iv) and 34- 4- 104(a). First Interstate Bank intends to foreclose pursuant to the enclosed
Foreclosure Notice to be published in the Star Yalley Independent.
Default in the payment of principal and interest has occurred under the terms of a
Promissory Note dated November 20, 2007 and refinanced note dated November 16, 2012 and
all modifications thereto, executed and delivered by Mark L. Boisvert to First Interstate Bank
and a Mortgage dated November 20, 2007, and all modifications thereto, which Mortgage was
executed and delivered by Mark Boisvert to First Interstate Bank and which Mortgage was
recorded on December 3, 2007 as Document No. 935317 hi Book 680 at pp. 200 -204 in the
Records of the Office of the County Clerk in for Lincoln County, State of Wyoming.
235 E. BROADWAY P.O. BOX 4310 JACKSON, WY 83001 1 P1IONE 307 733 -0661 FAX 307 222 -0530 gfattorneys.com
Adtmmitted in 115 onring e: Idabo 2 Admitted in 115 'ming, Idaho, Montana, Ca!tfonda, Nevada e-- Nebraska
Garland Potter, LLC
Attorneys Counselors of Law
R. Scott Garland' Amy W. Potter
sgarland @gfattorneys.com apotter cilgfattomeys.com
The Mortgage contains a power of sale which by reason of said default, First Interstate
Bank declares to become operative, and no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgagee, or any part thereof, nor has any such suit or
proceeding instituted in the same been discontinued.
The total outstanding indebtedness as reflected in First Interstate Bank's books is
$42,346.35 (which sum is the total of the unpaid principal balance of $41,663.73 plus interest
accrued to the date of this Notice in the amount of $606.38 plus a late fee of $76.24). Interest
will continue to accrue at the daily rate of $4.85 and attorneys' fees, costs and late charges will
also continue to accrue.
You are hereby informed that First Interstate Bank as the Mortgagee, will have the
Mortgage foreclosed as by law provided by causing the mortgaged property be sold at public
vendue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest
bidder for cash at 10 :00 a.m. on October 28, 2014 at the front steps of the Lincoln County
Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming, Lincoln County, for application
on the above described amounts secured by the Mortgage, said mortgaged property with an
address of NKN Scrub Oak Drive, Star Valley Ranch, Wyoming, being described as follows:
Lots 85 and 86 of Star Valley Ranch Plat 5, Lincoln County, Wyoming as described on
the official plat filed on June 7, 1971 as Instrument No. 431709 of the records of the
Lincoln County Clerk.
Together with all improvements thereon and all fixtures and appurtenances thereto.
The property being foreclosed upon may be subject to other liens and encumbrances that
will not be extinguished at the sale. Any prospective purchaser should research the status of
title before submitting a bid.
This letter is not meant to be an exhaustive recital of the rights or remedies of First
Interstate Bank, all of which are expressly reserved. Further, this letter will not be construed as
a waiver (express, implied or otherwise) of any rights or remedies of First Interstate Bank.
Very truly yours,
Am '.tter
Attorney for First Interstate Bank
235 E. BROADWAY P.O. BOX 4310 JACKSON, WY 83001 PHONE 307- 733 -0661 FAX 307- 222 -0530 I gf ttorneys.corn
Admitted in 115 a„iug e: Idaho 2 Admitted in 1I jroniiug, Idaho, Montana, C'alr %rnia, .?Ter ada e✓ _Nebraska
NOTICE OF FORECLOSURE SALE
WHEREAS, default in the payment of principal and interest has occurred under the terns
of a Promissory Note dated November 20, 2007 and refinanced note dated November 16, 2012
and all modifications thereto, executed and delivered by Mark L. Boisvert to First Interstate
Bank and a Mortgage dated November 20, 2007, and all modifications thereto, which Mortgage
was executed and delivered by Mark Boisvert to First Interstate Bank and which Mortgage was
recorded on December 3, 2007 as Document No. 935317 in Book 680 at pp. 200 -204 in the
Records of the Office of the County Clerk in for Lincoln County, State of Wyoming;
WHEREAS, the Mortgage contains a power of sale which, by reason of said default, First
Interstate Bank declares to become operative, and no suit or proceeding has been instituted at law
to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or
proceeding instituted and the same discontinued;
WHEREAS, the written Notice of Intent to Foreclose the Mortgage by Advertisement
and Sale and the Notice of Foreclosure Sale have been served on the record owners, the parties in
possession of the mortgaged premises and holders of recorded liens at least ten (1 0) days prior to
the commencement of this publication and at least twenty -five (25) days prior to the date of the
foreclosure sale, and the amount due upon the Mortgage on the date of the first Publication of
Notice of Sale (October 1, 2014) is the total sum of $42,409.40 (which sum is the total of the
unpaid principal balance of $41,663.73 plus interest accrued to the date of the first Publication of
the Notice of Sale in the amount of $669.43 plus a late fee of $76.24) plus attorneys' fees, and
costs expended, plus accruing interest, late charges, attorneys' fees and costs incurred after the
date of first publication of this Notice of Sale; and
WHEREAS, the property being foreclosed upon may be subject to other liens and
encumbrances that will not be extinguished at the sale and any prospective purchaser should
research the status of title before submitting a bid;
NOW, THEREFORE, First Interstate Bank as the Mortgagee will have the Mortgage
foreclosed as by law provided by causing the mortgaged property be sold at public vendue
Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at
10:00 a.m. on October 28, 2014 at the front steps of the Lincoln County Courthouse located at
925 Sage Avenue, Kenunerer, Wyoming, Lincoln County, for application on the above
described amounts secured by the Mortgage, said mortgaged property with an address of NKN
Scrub Oak Drive, Star Valley Ranch, Wyoming, being described as follows:
Lots 85 and 86 of Star Valley Ranch Plat 5, Lincoln County, Wyoming as described on
the official plat filed on June 7, 1971 as Instrument No. 431709 of the records of the
Lincoln County Clerk.
Amy W. Potter
Garland, Ford Potter, LLC
PO Box 4310, 235 E. Broadway
Jackson, WY 83001 (307) 733 -0661
Attorneys for First Interstate Bank
Publish: October 1, 2014; October 8, 2014; October 15, 2014; October 22, 2014