HomeMy WebLinkAbout885101RECEIVtU
LINCOLN COUNTY CLERK
88 0 02W"T 28 A,i~_
1-1 ,
i R
CERTIFICATE OF SALE I"
`
STATE OF WYOMING )
) SS. $OOK S012 PR PAGE__ ~ U
COUNTY OF LINCOLN. )
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 June 29, 2000, executed and delivered by Brian G.
Andrews and Amber L. Andrews, husband and wife to Old Kent Mortgage and (b)
that certain mortgage dated June 29, 2000 (the "Mortgage"), securing said note,
which Mortgage was executed and delivered by mortgagors, named Brian G.
Andrews and Amber L. Andrews, husband and wife, to mortgagee, named Old
Kent Mortgage, and was recorded on July 6, 2000, in Book 448 PR at Page 313,
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:
A portion of Lot 2 of the First Filing of the River View
Ranchettes Subdivision, Lincoln County, Wyoming, it
being the intent to more correctly describe the land
contained in Corrected Quitclaim Deed recorded April
30, 1997 in Book 396 PR on page 645 of records of
Lincoln County Clerk and being more particularly
described as follows:
Beginning at a point in the east line of said Lot 2 and
the NE1/4SW1/4 of Section 25, T34N R1 19W, Lincoln
County, Wyoming, said point being 20.00 feet S
0°46'42" E from a brass cap monument found
marking the Northeast corner of said Lot 2 and said
NE1/4SW1/4; thence running S 0°46'42" E along the
East line of said Lot 2 and said NE1/4SW1/4, 121.58
feet to the northerly line of Ellis Lane, 60 feet wide;
thence S 79°44'30" W, along last said northerly line,
54.73; thence S 66°03'12" W, along last said northerly
line, 204.10 feet; thence North, 235.43 feet, more or
less, to the north line of said Lot 2; thence S
89°41'36" E, along last said north line, 208.47 feet to
a point lying N 89°41'36" W from said northeast
corner of Lot 2; thence S 56°20'20" E, 36.37 feet to
the point of beginning, with an address of 399 Ellis
Lane, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That the Mortgage, together with the note secured thereby,
was assigned for value by Old Kent Mortgage to Republic Mortgage by an
instrument of assignment of mortgage dated June 29, 2000, and recorded on
July 12, 2000, in Book 448 PR at Page 468 in the records of the office of the
County Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming; was then assigned by Republic Mortgage to Principal Residential
Mortgage, Inc. by an instrument of assignment of mortgage dated June 29, 2000,
Certificate of Sale
Andrews 21309-609 [02-084487]
Page 1 of 8
363
and recorded on July 12, 2000, in Book 448 PR at Page 470 in the records of the
office of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming; was then assigned by Principal Residential Mortgage,
Inc. to Mortgage Electronic Registration Systems, Inc. by an assignment of
mortgage dated December 18, 2000, and recorded March 2, 2001, in Book 460
PR at Page 427 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
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, Mortgage Electronic Registration
Systems, Inc. elected to foreclose the same and at the request and direction of
Mortgage Electronic Registration Systems, 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 Mortgage Electronic Registration Systems, 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 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 28, 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
$ 226,201.38 , which was bid and offered by
Mortgage Electronic Registration Systems, Tnr 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 Mortgage Electronic R _gis ration Systems.Infor
the sum of $ 226,201.38
, 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 $600.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgage Electronic Registration Systems, 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 Mortgage Electronic Registration Systems, Tnc.
shall be entitled to a deed to the above-described real property, together with all
Certificate of Sale
Andrews 21309-609 [02-08-4487]
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864
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
28, 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
_8th day of October , 2002.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
By: L
- zZ-t.X4j9- -
Print Name: Steve Dillree
Title: Deputy
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by Steve Dillree
Deputy Sheriff of Lincoln County, State of Wyoming, this 28th day of
October ,2002.
Witness my hand and official seal.
My Commission Expires:
ota ublic
JAMIE PAINTEO-NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYal
My CommissiCertificate of Sale
Andrews 21309-609 [02-08-4487]
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3 6 5
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, Mortgage
Electronic Registration Systems, Inc. in a procedure to foreclose a certain real
estate mortgage dated June 29, 2000 (the "Mortgage"), and recorded on July 6,
2000, in Book 448 PR at Page 313 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 Brian G. Andrews and Amber L. Andrews, husband and wife,
are the named mortgagors, and Old Kent Mortgage is the named mortgagee,
which Mortgage was assigned for value by Old Kent Mortgage to Republic
Mortgage by an instrument of assignment of mortgage dated June 29, 2000, and
recorded on July 12, 2000, in Book 448 PR at Page 468 in the records of the
office of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming; was then assigned by Republic Mortgage to Principal
Residential Mortgage, Inc. by an instrument of assignment of mortgage dated
June 29, 2000, and recorded on July 12, 2000, in Book 448 PR at Page 470 in
the records of the office of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, State of Wyoming; was then assigned by Principal
Residential Mortgage, Inc, to Mortgage Electronic Registration Systems, Inc. by
an assignment of mortgage dated December 18, 2000, and recorded March 2,
2001, in Book 460 PR at Page 427 in the records of the office of the County
Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming; 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 1321
Brian G. Andrews
399 Ellis Lane
Thayne, WY 83127
CERTIFIED MAIL NO. 7002 0460 0000 9197 1338
Amber L. Andrews
399 Ellis Lane
Thayne, WY 83127
CERTIFIED MAIL NO. 7002 0460 0000 9197 1369
Brian G. Andrews
P.O. Box 893
Thayne, WY 83127
CERTIFIED MAIL NO. 7002 0460 0000 9197 1376
Amber L. Andrews
P.O. Box 893
Thayne, WY 83127
CERTIFIED MAIL NO. 7002 0460 0000 9197 1352
Occupant
399 Ellis Lane
Thayne, WY 83127
Certificate of Sale
Andrews 21309-609 [02-08-4487]
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366
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 19, 2002, and the date of the first publication of the
notice of foreclosure sale was October 3, 2002.
FURTHER AFFIANT SAYETH NAUGHT.
By:
P. Jay ippl
of Brown, Drew & Ma ey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and sworn to before me by P. Jaye
Rippley this M day of e- 4oh , 2002.
Witness my hand and official seal.
Notary Public
My Commission Expires:
CINDY BAKER - NOTARY PUBLIC
Cody of State of
Natrona Wyoming
My CommisFion Fx0res Sept. 17, 2006
Certificate of Sale
Andrews 21309-609 [02-08-4487]
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EXHIBIT B
X367
PUBLISHER'S_AFFIDAVIT `
PROOF OF PUBLICATION
THE STATE OF WYOMING)
)ss
County of Lincoln )
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 2 day of
, 2002 and was published in each succeeding week until the day of
, 2002 being a period of _ successive week(s). That said
newspaper is published weekly, on Thursday of each week.
/
Subscribed and sworn to before me, the 19 c day of .2002.
~
FORECLOSURE SA rinciLEI O T ICE Y Pu
WHEREA$;.defaulfm the payment of ICE Y'
under the terms b o~n'C~~2j
P
pal and interest has occurred My commission expires on
of a promissory note (the "Note") dated June 29,.. 2000; May, 2003
executed and delivered by Brian G. Andrews and Am the 1 1th day of May
berL. Andrews; liusliand
and wife, to Old Kent Mortgage, and a real estate mortgage (the "Mortgage")
of the same date' securing the Note, which. Mortg was executed and
husband d by and wife; Mortgagors, name age
d.Brian G. Andrews and Amber L.'Andrews,
- to Mortgagee, named Old Ken t Mortgage, and which
Mortgage was recorded on July 6, 2000, in Book 448 ort g 313 in the
records of the office of the County Clerk and ex-officio Register of Deeds. in
313 in
and for Lincoln County, State of Wyoming; and .
WHEREAS, the Mortgage was as
to Republ signed for value by Old Kent:Mort gage
ic Mortgage by aninsttument of assignment of mortgage dated June
reco29,rds 2000, of the and orecorded: OnJllly 12, 2000, in Book 448 PR at Page 468 in n the
ffice of the County Clerk and exofficio Register of Dees in
and for Lincoln County, State of Wyoming, was then assigned by Republic -a+
Mortgage to Principal Residential Mortgage, Inc. b 'an instr inient of assi n
merit of mortgage dated June 29, 2000, and recorded on July 12,'2000 -in B ok Diana Lynn PJlackinen i'dotary F'
448 PIdgt Page'470 in the records of the office of the County Clerk. and ex-
offi
. cio Register of Deeds in and for Lincoln County, State of yomng; was. County of ,
State of
then assigned by -Principal Residential Mortgage, Inc. to Mortgage Electronic Lincoln Wyoming
Registration Systems; Inc. by an assignment of mortgage dated December 180 ; fi U
2000, and recorded March 2, 2001, in Book 4.60 PR at Page 427 in the records
l~..--
ty (-ar*a sc r
of the office of the County Clerk and ex-officio Register of Deeds in and for ~ ion t_ J
Lincoln County, State of Wyoming; and
WHEREAS, the Mortgage contains a'powerof sale which by reason of said
default, the owner of the Note. and the Mortgage declares 'to have become Beginning at a point in the east line of said Lot 2 and the NE1/4SW 1/4 of
operative, and no suit or proceeding'h"as been instituted at law to recover the Section 25, T34N RI 19W, Lincoln County, Wyoming, said point being 20.00
debt secured by the Mortgage, or any
feet S.0°46'42" E-.from a brass cap monument found, marking the Northeast
proceeding part thereof, nor has any such suitor
been instituted and the same discontinued; and. Worrier of said Lot 2 and said NEI /4SW 1/4; thence running S 0°46'42" E along
WHEREAS, written notice of intent to foreclose the mortgage by adver- 'he East line of said Lot 2 and said NE i /4SW l/4, 121.58 feet to the northerly
tisenient and sale, has been served upon the record owner and the party in line of Ellis Lane, 60 feet wide; thence S 79°44' 30" W, along last said northerly
possession of the mortgaged premises.at least ten (10) days prior to the pine, 54.73; thence S 66°03' 12" W, along last said northerly line, 204.10 feet;
commencement of this publication, and the amount due upon the Mortgage on thence North, 235.43 feet,:more or less, to the north line of said Lot 2; thence
the dateof first publication of, this notice of sale being the total sum of
S 89'41'36",E, along last said north line, 208.47 feet to a point lying N
$221.;975.49, which sum consists Of the unpaid principal balance of$209,029.88, 89'41'36" W from said northeast corner of Lot 2; thence S 56°20'20" E, 36.37
plus interest accrued to the date of the first oublicatign of this notice in the feet to the point of beginning, with an address of 399 Ellis Lane, Thayne; WY
amount of $10,748.60;` plus late charges in the amount of $659.66, plus, an 83127 .
escrow advance in the amount of $1,334.29, plus other outstanding charges in . Together with all improvements thereon situate and all fixtures and appur-
the amount of $203.06; plus attorneys', fees, costs expended, and accruing Itenances thereto.
interest and late charges after the date of first publication of this notice of sale; Mortgage Electronic Registration Systems, Inc.
NOW_iTHEREFORE Mortgage Electronic Registration systems, Inc. as By: P. y, LLy
the owner of the Note and the Mortgage, will have the Mortgage: foreclosed as Brown, Drew & Maas sseey, LLP
by law provided by causing the mortgaged property to be sold at public vendue 159 North Wolcott Street, Suite 200
by the Sheri ff or Deputy Sheriff in and for Lincoln County, Wyoming to the October 3-10-17'-24 Casper, Wyoming 82601
highest bidder for cash at 10,00 O'clock in the forenoon on October 28, 2002, 1003F
at the front door of the Lincoln`
Cou County Courthouse in Kemmerer, Lincoln
nty; Wyoming, for applicationon the above;described amounts secured by
the Mortgage, said. mortgaged propertybeing:described as follows, to-wit: Certificate of Sale
A portion of ,I of :2 of the First Filin Andrews 21309-609 I02-08-4487]
Subdivision, Lincoln:County, Wyoming, it eingrtheRinient, tot more correctly Page 6 of 8
describe the land contained in.Corrected.Quitclaim Deed recorded
1997 in Book 396 PR on page 645 of records of Lincoln April 30,
Cou my Clerk
more particularly described as follows: and being
368
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, Mortgage }
Electronic Registration Systems, Inc. in a procedure to foreclose a certain real
estate mortgage dated June 29, 2000 (the "Mortgage"), and recorded on July 6,
2000, in Book 448 PR at Page 313 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 Brian G. Andrews and Amber L. Andrews, husband and wife,
are the named mortgagors, and Old Kent Mortgage is the named mortgagee,
which Mortgage was assigned for value by Old Kent Mortgage to Republic
Mortgage by an instrument of assignment of mortgage dated June 29, 2000, and
recorded on July 12, 2000, in Book 448 PR at Page 468 in the records of the
office of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming; was then assigned by Republic Mortgage to Principal
Residential Mortgage, Inc. by an instrument of assignment of mortgage dated
June 29, 2000, and recorded on July 12, 2000, in Book 448 PR at Page 470 in
the records of the office of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, State of Wyoming; was then assigned by Principal
Residential Mortgage, Inc. to Mortgage Electronic Registration Systems, Inc. by
an assignment of mortgage dated December 18, 2000, and recorded March 2,
2001, in Book 460 PR at Page 427 in the records of the office of the County
Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming; 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
Mortgage Electronic Registration Systems, Inc., will charge said Mortgage
Electronic Registration Systems, Inc. fees totaling $600.00 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
Andrews 21309-609 [02-08-4487]
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369
FURTHER AFFIANT SAYETH NAUGHT.
By:
U P. Jaye ley
of Brown, Drew & Mass , LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and sworn to before me by P. Jaye Rippley
this - day of 2002.
Witness my hand a fficial seal. n
Notary Public
My Commission Expires:
CINDY BAKER - NOTARY PUBLIC
County or State of
Natrona t' Wyoming
My Commission Expires Sept. 17, 2006
Certificate of Sale
Andrews 21309-609 [02-08-4487]
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