HomeMy WebLinkAbout877638 SHERIFF'S CERTiFiCatE bO : :PURCHASE
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THIS CERTIFICATE made on the date below written by the Shenff of Lincoln County,
State of Wyoming, to Communi ,ty First National Bank - Kemmereh of 801 Pine Avenne~
Kemmerer~ Wyominl~ 83101.
r~oo~.t: ~'O.l .._ _ P/t r., WITNESSETH:
W
HEREAS, a Mortgage was executed by Douglas S. Weston, a single man, d/b/a
Downtown Apartment Motel on May 26, 1999, to Community First National Bank, Mortgagee,
for the following described real property:
The Lots No. Six (6) And Seven (7) of The Block No. Sixty (60) in the Second
Addition to The Town of Kemmerer, Lincoln County, Wyoming as described on
the official plat thereof; and also, the Lot No. Three (3) of the Block No. Ten (10)
of the Original Town of Kemmerer, Lincoln County, Wyoming as described on
the official plat thereof; and also, A parcel of land 1'.5 feet in width and running
parallel with Klondyke Street adjacent to said Lot 3, Block 10, Original Town of
Kemmerer, Lincoln County, Wyoming; and also, A parcel of land 1.5 feet in width
and running parallel with the southerly boundary line of said Lot 3, Block 10 of
the Original Town of Kemmerer, Lincoln County, Wyoming; and also, A parcel of
land along Pine Avenue parallel with and 2.0 feet fi.om the westerly boundary line
of Lot 7, Block 60 of the Second Addition to The Town Of Kemmerer, Lincoln
County, Wyoming,
which Mortgage was on May 26, 1999, duly recorded Book 430, Page 700, in the Office of the
County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyo,~,ming. The current
record owner of the property is Douglas S. Weston.
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 f~r;closed is sit~;te~'in Li~col~~ 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: October
25, November 1, 8, 15, 2001, 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: November 20, 2001 at 10:00
a.m. Said sale was made by me, and the above described property was sold to Community First
National Bank - Kemmerer~ of 801 Pine Avenu% Kemmerer~ WYomine 83101~ in the sum of
~80,3 59.98 ; 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 Communi.~ First National Bank - Kemmere..~Exr of 801 Pine Avenue:
Kemmerer~ Wyominl~ 83101~ 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.
4N WITNESS WHEREOF, I have hereunto set my hand this 20~h day of
November _, 2001. '
SHERIFF OF LINCOLN COUNTY, WYOMING
By: ....
STATE OF WYOMING }
} SS
coUNTy OF LINCOLN }
'~ On .this ~C) day of Y?~~/2 , 2001, before me ersonall
appeared 2 ~r~--~-~ - ~, n / - ~ P Y
~ . : .... u t{t_,ltt~_~,_/Z~] , to me personally known, who executed t
mregomg ?strument ~acknowledged that he executed the sam a~ hi~ r,-o~, ..... - .... ,he
purposes therein set forth, e ........ act uno aeea mr me
Witness my hand and official seal.
Lincoln
Co ion xpke :
AFFIDAVIT OF MAILING
STATE OF WYOMING }
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 I caused a Notice of Intent to Foreclose Mortgage by advertisement and
sale to be scm to ·
Record Owners:
Douglas S. Weston
P.O. Box 94
Kemmerer, Wyoming 83101-0094
Parties in possession:
There are no parties in possession, the property being vacant.
and to all junior lien holders disclosed by a foreclosure guarantee, by Certified Mail with
Return Receipt Requested, on October 12, 2001 at least ten (10) dhys before the
commencemem of publication of the Notice of sale.
FURTHER AFFIANT SAYETH NAUGHT.
DATED November 20, 2001.
John u: Patton
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
The foregoing instrument was subscribed and sworn to before me by John C.
Patton on November 20, 2001.
Witness my hand and official seal.
Nota'r~, P~'~c (57~
My Commission ex
·
ATTORNEY'S FEE AFFIDAVIT
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 b~ing filed pursuant to the provisions of {}34-4-112, Wyoming Statutes,
1977, and has been filed with the Sheriff below named.
3. That on November 20, 2001, the Sheriff caused a Mortgage to be foreclosed in Lincoln
County, Wyoming and that the mortgaged premiSes were sold by the Sheriff of Lincoln County at 10:00
a.m. on said date.
4. That there is no agreement, express or implied, between himself and my client, Community
First National Bank - Kemmerer,' of 801 Pine Avenue, Kemmerer, Wyoming 83101, nor between myself
and any other person for any sharing or division of the $800.00 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 Douglas S. WestOn, a single man, d/b/a Downtown
Apartment Motel, to Community First National Bank, Mortgagee, for the following described real
property:
The Lots No. Six (6) And Seven (7) of The Block No. Sixty (60) in the Second Addition
to The Town of Kemmerer, Lincoln County, Wyoming as described on the official plat
thereof; and also, the Lot No. Three (3) of the Block No. Ten (10) of the,,Original Town
of Kemmerer, Lincoln County, Wyoming as described on the official plat thereof} and
also, A parcel of land 1.5 feet in width and running parallel With Klondyke Street adjacent
to said Lot 3, Block 10, Original Town of Kemmerer, Lincoln County, Wyoming; and
also, A parcel of land 1.5 feet in width and running parallel with the southerly boundary
line of Said Lot 3, Block 10 of the Original Town of Kemmerer, Lincoln County,
Wyoming; and also, A parcel of land along Pine Avenue parallel with and 2.0 feet fi'Om the
westerly boundary line of Lot 7, Block 60 of the Second Addition fo The Town Of
Kemmerer, Lincoln County, Wyoming
which mortgage was recorded on May 26, 1999, Book 430, Page 700, in the Office of the County Clerk
and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the
property is Douglas S. Weston.
FURTHER AFFIANT SAYETH NAUGHT. DAT~D..No~.ember 20, 2001.
John ~.. ~atton
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
The foregoing instrument was subscribed and sworn to before me by JOHN C. PATTON on
Novembert20, 2001.
Witness my hand and official seal.
o,a.P y" -
My Commission expires:
PROOF OF PUBLICATION
'I'lll,~ ,STATIC ()1,' \V\'()MIN(;. )
Ctmnl.y ~f l,incnln/ss' Copy of
· 'irst. (l~5, ~'av~n'n Defaull having been made in the conditions of that certain Mortgage deed dated
~elm~sand xa3 ~; I,h:t is May 26, 1999. given by DouglasS. Weslon. asingleman, d&/a Downtown Aparmmnt
Motel, to Community First National Bank. to secure the pa)mere of one certmn
~ of Th(, I(I';MMI,;I{IdR PromissoryNoteofevendatetherewith. which Mortgage embraced the follo~ving real
property m-wit:
GAZICTTI5 a newslm 'mr of The Lots No. Six (6) and Seven (7) of The Block No. Sixty (60) m the Second
Irener,,I circula i{m, pul)l,shed at Addition toTha Town of Kemmerer, Lincoln County, Wyoming, as described on the
Kemmerer, Lincoln (i~n~n~y, in officia plat thereof; and also, theLotNo. Three~3) oftheBIockNo. Ten(10) ofthe
Original Town of Kemmerer. L ~coln County, Wyoming, as described on the official
the SLate of Wyoming-. plat thereof; and also, A parcel of land 1.5 I~et in width and runmng parallel With
Thai. the not ce, a ~rue copy of Klond)keStreetadjacenttosaidLot3. Block 10. OriginalTownofKemmerer. Lincoln
County, Wyoming; and also, A parcel of land 1.5 feet m width and running parallel with
which is herel~ ;~Ltachod. was the southerly boundary line ofsaid Lot 3, Block l0oftheOriginalTownofKe~nmerer.
~ Lincoln County, Wyoming and also. A parcel of land along Pine Avenue parallel wilh
publ~hed~~on the__ ~ day and2.0feetfl'omthewesteflyboundarylineofLotT. Block 60 ofthe Second Addifim~
of ...... Town of Co.n y,
Avenue. Kemmerer. Wyoming fi3101.
was published ~n e;~ch su weed- Which mortgage was on May 26, 1999, duly recorded Book 430. Page 700, in lhe
~ Office of the County Clerk and Ex,Officio Register of Deeds of Lincoln Coumy,
lng week__un iii tim / day Wyoming. The current record owner of the property is Douglas S. Weston. That
.~.~.~.~~ . ~ nme ~s in default, and
Of
WHEREAS, the default in said Mortgage has occur~'bd by reason ofll~e failure of
bei n g a period of ~.~ tl~e Mortgagor or assignees m pay lhe principal and ll~e interesl due thereon when lhe
......... same became due and payable and said Mortgage contained a power of sale Io lt~e e ft~c~
successive weeks. ~ s:~i(t that a defauh occurring in the conditions thereof will authorize the Morlgagee or ns
newspaper is Du bi/shed wee'.:ly, assigns at its or their option to declare the debt secured thereby to be due and payable
Oil Th~sday of each week and proceed according to law to advertise and sell said property tosansf3 the same:
,~ / ,. WHEREAS, no suit or proceeding has been instituted at law to recover the debl
(j, f~~_.ff ~~~ remalnlng secured by said Mortgage, or any part thereof, or if instituted such action has
been discontinued: and Community First Nationa Bank-Kemmerer. of 801 Pine
Avenue, Kemmerer. Wyoming 83101. is the owner of said Note and Mortgage; anti '
WHEREAS. written notice of intent to lbreclose the Mortgage by advertisement
Eubscribed and swn rn to be- and sale has been served ypon the record owner and party in possession more than ten
days prior to the firs/date of publication of this notice:
fore m e, the....ff~ .da y of NOW THEREFORE, Notice is hereby given that lhe above dcscribed re~ property
._. ~ . will be ofl~red for sa e and sold by the Sheriff of Lincoln County, Wyoming, or bis
Deputy, to the highest bidder tbr cash at public vendue at th e front steps of the Lincoln
County Courthouse. Kemmerer, Wyoming, at Ihe hour of 10:00 a.m., on November 20.
2001. However. such sale shall not be held unless a representative of the Mortgagee is
Nota~ gubhc Linco~-~.~ ~3~-~- present. Thereisdueandowingasofthefirstdateofpublicationthesumof$75.808.08
My commissi~ expires lhe Publication will be October 25. November 1.8. 15, 2001. Such sum will continue
~ /~ accrue interest, late charges, and any other penalties as provided by the mortgage, all
..day o f~ ff~ to the date of sale. and additionally there shall be added to the indebtedness all costs
and attorney's fees associated with the foreclosure.
Community First Nation al Bank-Kemmerer. Mortgagee
c/o Patton and Davison
A~torneys at Law
P.O. Box 945
Cheyenne, Wyoming 82003
October 25-November 1-8-15 1025D
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners:
Douglas S. Weston
P.O. Box 94
Kermnerer, Wyoming 83101-0094
Parties in Possession:
Douglas S. Weston
P.O. Box 94
Kemmerer, Wyoming 83101-0094
TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular
Wyoming Statutes {}34-4-103, you are hereby notified that Community First National Bank
- Kemmerer, of 801 Pine Avenue, Kemmerer, Wyoming 83101, Mortgagee, intends to
foreclose by advertisement and sale that certain mortgage given and executed by Douglas S.
Weston,.a single man, d/b/a Downtown Apartment Motel to secure a Mortgage Note given
and executed by Douglas S. Weston, a single man, d/b/a Downtov, q-~ Apartment Motel. The
mortgage was executed on May 26, 1999 and was recorded on May 26, 1999 Book 430,
Page 700, in the Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln
County, Wyoming, to Community First National Bank. The current record owner of the
property is Douglas S. Weston. The Note is in default with the date of the last payment
being June 29, 2001 There is due and owing as of the date of first public'ation the sum of
$75,808.08. Such sum will continue to accrue interest, late charges, and any other penalties
as provided by the 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:
The Lots No. Six (6) Arid Seven (7) of The Block No. Sixty (60) in the
Second Addition to The Town of Kerrunerer, Lincoln County, Wyoming as
described on the official plat thereof; and also, the Lot No.,Three (3) of the
Block No. Ten (10) of the Original Town of Kemmerer, Lincoln County,
Wyoming as described on the official plat thereoP, and also, A parcel of land
1.5 feet in width and running parallel with Klondyke Street adjacent to said
Lot 3, Block I0, Original Town of Kenm~erer, Lincoln County, Wyoming;
and also, A parcel of land 1.5 feet in width and running parallel with the
southerly boundary line o£ said Lot 3, Block I0 of the Original Town of
Kemmerer, Lincoln County, Wyoming; and also, A parcel of land along Pine
Avenue parallel with and 2.0 feet from the westerly boundary line of Lot 7,
Block 60 of the Second Addition to The Town Of Kemmerer, Lincoln
County, Wyoming
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 ibllowing notice and information.
(1) The amount of the debt as of the first date of publication is $75,808.08;
(2) The name.ofthe creditor to whom the debt is owed is Commtmity First National
Bank - Kemmerer;
(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.
THE DATE of first publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are October 25, November 1, 8, 15, 2001. Sale of the
premises will be conducted by the Sheriff of Lincoln County, Wyoming on November 20,
2001, at 10:00 a.m., at the front steps of the Lincoln County Courthouse, Kemmerer,
Wyoming.
Dated this / ~-~-'day of ~9 (-'J'/~" ,2001.
Community First National Bank - Kemmerer
By:
,,
/'
John C. Patton of Patton & Davison
P.O. Box 945
Cheyenne, Wyoming 82003
(307) 635-4111 "
Attorneys for Mortgagee
· Complete items 1, 2, and 3. Also complete A. Received by (Please Print Cie B. Data of Delivery
..~ item 4 if Restricted Deltvep7 Is desired. .arly)
· Print your name and address on the reverse
so that we can return the card to you. C. Signature
· Attach this card to the back of the mallpJece, Agent
or on the front If space permits.
Addressee
1. Artlcla Addressed to: D. Is delivery address different from item 1 ?
If YES, enter delivery address below: [] No
Douglas S. Weston
P.O. Box 94
Kemmerer, Wyoming 83101-0094 'Il. ~i~Certlfl~Mall [] E~p~'eS'SMa'II .
I' [] Registered [] Return Receipt for Merchandise
J . [] Insured Mail [] C.O.D. · '
4 Restricted Delivery? (Extra Fee) [] Yes
j 2. Article Number (Copy from service label)
Form'S81 1 ,"~/uly 1999 ' ~. Domestic Return Receipt ~!
· - ~'- 102595.00.M.0952