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HomeMy WebLinkAbout885065RECEIVED LINCOLN COUNTY CLERK 885065 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) 300K_ ::-7 pR PAGE- / . Lee Gardner, 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 July 18, 1996, executed and delivered by Kenneth C. Call and Betty Call, husband and wife to Republic Mortgage Corp. and (b) that certain mortgage dated July 18, 1996 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by mortgagors, named Kenneth C. Call and Betty Call, husband and wife, to mortgagee, named Republic Mortgage Corp., and was recorded on July 19, 1996, in Book 385PR at Page 786, 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: All of Lot Three (3) and the South Twenty (20) feet of Lot Two (2) in Block numbered Twenty (20), Town of Cokeville, Lincoln County, Wyoming with an address of 435 Sage Street, Cokeville, WY 83114 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 3. That the Mortgage, together with the note secured thereby, were assigned for value by Republic Mortgage Corp. to Principal Residential Mortgage, Inc. ("-Mortgagee") by that certain assignment of mortgage dated July 18, 1996, and recorded on July 19, 1996, in Book 385PR at Page 792, in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming. 4. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 5. That the power of sale contained in the Mortgage having been made operative by reason of such default, Principal Residential Mortgage, Inc. elected to foreclose the same and at the request and direction of Principal Residential Mortgage, Inc., 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. 6. That Principal Residential Mortgage, Inc. has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the October 3, 2002 issue of said newspaper and ending with the October 24, 2002 -issue thereof; that said notice did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and Certificate of Sale Call 21309-603 [02-08-4375] Page 1 of 8 (j s 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. 7. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On October 25, 2002, at 10:00 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 property; and that the highest and best sum bid for said real property was the sum of $ 44,767.75 , which was bid and offered by Principal Residental Mortgage, Inc 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 said Principal Residential Mortgage, Inc, for the sum of $ 44,767.75 ; and that the sum bid was thereupon paid and the sale of said real property was then and there completed as by law provided. 8. That the sum of $500.00 is to be paid to Brown, Drew and Massey, LLP, the attorneys for Principal Residential Mortgage, Inc., 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. 9. 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. 10. That said Principal Residential Mortgage Inc 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 October 25, 2002, 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 25th day of October , 2002. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: OA U00i') Print me: Perry Glasscock Title: Deputy Sheriff Certificate of Sale Call 21309-603 [02-08-4375] Page 2 of 8 V ("~M )^n 0 Q h i 1 6 3 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT ) SS. The foregoing instrument was subscribed in my presence and acknowledged before me by Jerry Glasscock Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of October , 2002. Witness my hand and official seal. t No ry Ic My Commission Expires: JAMIE PAINTER - NCi TARP PU !A" ~ " STAI, OF LINTY OF Gff' WIG? LINCOLN , Pity comission Ez~iues Certificate of Sale Call 21309-603 i02-08-4375] Page 3 of 8 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) SS. COUNTY OF NATRONA ) P. Jaye Rippley, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew & Massey, LLP, who are the attorneys representing the mortgagee of record, Principal Residential Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage dated July 18, 1996 (the "Mortgage"), and recorded on July 19, 1996, in Book 385PR at Page 786 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 Kenneth C. Call and Betty Call, husband and wife, are the named mortgagors, and Republic Mortgage Corp. is the named mortgagee, which mortgage was assigned for value by Republic Mortgage Corp. to Principal Residential Mortgage, Inc. by an assignment of mortgage dated July 18, 1996 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on July 19, ,1996, in Book 385PR at Page 792 by advertisement and sale as provided under the provisions of Wyo. Stat. 34-4-101, et seq. (1999). 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: CERTIFIED MAIL NO. 7002 0460 0000 9197 1116 Kenneth C. Call 435 Sage Street Cokeville, WY 83114 CERTIFIED MAIL NO. 7002 0460 0000 9197 1123 Betty Call 435 Sage Street Cokeville, WY 83114 CERTIFIED MAIL NO. 7002 0460 0000 9197 1154 Kenneth C. Call P.O. Box 86 Cokeville, WY 83114 CERTIFIED MAIL NO. 7002 0460 0000 9197 1161 Betty Call P.O. Box 86 Cokeville, WY 83114 CERTIFIED MAIL NO. 7002 0460 0000 9197 1147 Occupant 435 Sage Street Cokeville, WY 83114 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 18, 2002, and the date of the first publication of the notice of foreclosure sale was October 3, 2002. Certificate of Sale Call 21309-603 [02-08-4375] Page 4 of 8 c" 44 'I 6;, FURTHER AFFIANT SAYETH NAUGHT. By. 1 ' Jaye RI I y of Brown, Drew & Massey, LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed in m presence and sworn to before me.by P. Jaye Rippley this ~U day of r) 6- , 2002. Witness my hand and official seal. Notary Public My`Commission Expires: CINDY BAKER - NOTARY PUBLIC county of State of Natrona S' Wyoming f My Commission Expires Sept. 17, 2006 - Certificate of Sale Call 21309-603 [02-08-4375] Page 5 of 8 tls.~ . EXHIBIT B THE STATE OF WYOMING} )ss County of Lincoln } 766 PUBLISHER'S AFFIDAVIT PROOF OF PUBLICATION Gib Mathers first duly sworn deposes and says that he is an employee of the KEMMERER GAZETTE, a newspaper of general circulation, published at Kemmerer, Lincoln County, in the State of Wyoming. That the notice, a true copy of which is hereto attached, was published on the L- day of 2002 and was published in each succeeding week until the~day of 2002 being a period of --1/ successive week(s). That said newspaper is published weekly, on Thursday of each week. Subscribed and sworn to before me, the day of Z(-"( c~ .2002. FORtCLOSURE SALE NOTICE No t 69 ~n7c~~o, ty, yo. WHE'R$AS„default in the payment of principal and interest has occurred My commission expires on under the terms of a promissory note (the "Note") dated July 18,1996; executed anddeliveredbyKennethC.Call andBettyCall;husbandandwife,toRepublic the IIth day of May, 2003 Mortgage Corp,, and a real estate mortgage (the "Mortgage") of the same date securing the. Note, which Mortgage was: executed and deIivered.by Mortgag- ors, named Kenneth C. Call and Betty Call; husband and wife; to Mortgagee; named[ Republic Mortgage Corp:, and4which Mortgage was recorded on July 19, 1996,mBoaI438iiFR at lQag' a X86 in the records of the office of the County Clerk and ex-officio' I~egist 16f Deeds in and for Lincoln County; State of Wyoming; and WHERF,AS.1he Mortgage..W,as, assigned for value by Republic Mortgage Corp. to Principal Residential Mortgage, Inc. by an instrument of assignment of mortgage signed and acknowledged on July 18,1996, and recorded on July, 19,1996; in Book 385PR at Page 792 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 WHEREAS', the Mortgage contains a power of sale which by reason of said default, fhe ownet of the Note, and the Mortgage, declares to have become operative, and no suit'gr.prpceeding.has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any. such suitor proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by adver- tiseinent and sale has been served upon the record owner and the. party in ;possession of the mortgaged premises .at least ten (10), days prior. to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale. being the total 'sum of $42,844.70, which sum consists of the unpaid principal balance of $38,100.75, plus interest accrued to the date of the first publication of this notice in the amount of $2,268.85, plus late charges in the amount of $31.831 plus an escrow, advance in the amount of $353.14, plus other outstanding charges in the amount of $2,090.13; plus. attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; NOW, THEREFORE Principal Residential Mortgage, Inc. as the owner of the Note and the Mortgage, will have the Mortgage foreclosed as by law provided by causing the mortgaged. property to 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 o'clock in the forenoon on.October 25,"2002, at the front door.of the Lincoln Count). Courthouse in Kemmerer, Lincoln County, Wyoming, for application on. the above-described amounts, secured by the Mortgage, said mortgaged property being described as follows, to-.wit: All of Lot Three (3) and the $outhTwenty (20) feet of Lot Two (2) in Block numbered Twenty (20), Town of Cokeville, Lincoln County, Wyoming with an address of 435 Sage Street, Cokevilte, WY 83114 Together with all, improvements thereon situate and all fixtures and appur- tenances thereto. ''Principal Residential Mortgage, Inc. By: P: Jaye Rippley Brown, Drew& Massey, LLP. 15.9North Wolcott Street, Suite 200, Casper, Wyoming 82601 . October 3-10-17-24 1003G ~r....,:.y Diana Lynn Mach nen - Notary Fuul~ County of State Of, Wyoming Lincoln My Lommissron Ex,.res z~ Q3 Certificate of Sale Call 21309-603 [02-08-43751 Page 6 of 8 767 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) SS. COUNTY OF NATRONA ) P. Jaye Rippley, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Brown, Drew & Massey, LLP, who are the attorneys representing the mortgagee of record, Principal Residential Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage dated July 18, 1996 (the "Mortgage"), and recorded on July 19, 1996, in Book 385PR at Page 786 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 Kenneth C. Call and Betty Call, husband and wife, are the named mortgagors, and Republic Mortgage Corp. is the named mortgagee, which mortgage was assigned for value by Republic Mortgage Corp. to Principal Residential Mortgage, Inc. by an assignment of mortgage dated July 18, 1996 and recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on July 19, 1996, in Book 385PR at Page 792 by advertisement and sale as provided under the provisions of Wyo. Stat. 34-4-101, et seq. (1999). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That Brown, Drew & Massey, LLP, as attorneys for said Principal Residential Mortgage, Inc., will charge said Principal Residential Mortgage, Inc., fees totaling $500.00 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 Brown, Drew & Massey, LLP. 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. Certificate of Sale Call 21309-603 [02-08-4375] Page 7 of 8 768 FURTHER AFFIANT SAYETH NAUGHT. By: Jaye i ple of Brown, Drew & Mas T LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 (307) 234-1000 .r,_7 Subscribed in m presence and sworn to before me by P. Jaye Rippley this Z- day of 2002. Witness my hand official seal. Notary Public My Commission Expires: CINDY BAKER - NOTARY PUBUC Natrona WYOR" My Comrnieeion Expires Sept. 17, 2006 Certificate of Sale Call 21309-603 [02-08-4375] Page 8 of 8