HomeMy WebLinkAbout887507STATE OF WYOMING
COUNTY OF LINCOLN
RECEIVED
.,'. ~-,~-,I ,.,z,/ CLERK
SALE
)
) SS.BOOK -I.'..J4pR 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 June 22, 1998, executed and delivered by Mike
Cullimore and Carolyn Cullimore, married, to Associates Funding, Inc. and (b)
that certain mortgage dated June 22, 1998 (the "Mortqa_qe"), securing said note,
which Mortgage was executed and delivered by mortgagors, named Mike
Cullimore and Carolyn Cullimore, married, to mortgagee, named Associates
Funding, Inc., and was recorded on June 26, 1998, in Book 413 PR at Page 617,
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 the SE1/4 SE1/4 of Section 26, T36N
R119W of the 6th P.M., Lincoln County, Wyoming,
being more particularly described as follows:
Beginning at a spike found marking the Southwest
corner of said SE1/4SE1/4 and running thence North
along the West line of the said SE1/4SE1/4, 242.00
feet; thence S 89°30'48'' E, 180.00 feet; thence South
242 feet.to the South line of Section 26; thence N
89°30'48'' W, 180.00 feet along last said South line of
Section 26 to the point of beginning with an address
of 737 CR 107, Etna, WY 83118
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 Associates Funding, Inc. to Chase Manhattan
Mortgage Corporation ("Mort.qa.qee") by that certain assignment of mortgage
dated June 22, 1998, and re~°r~ed on June.26, 1998, in Book 413 PR at Page
623, 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, Chase Manhattan Mortgage
Corporation elected, to foreclose the Same and at the request and direction of
Chase Manhattan Mortgage Corporation, 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.
Certificate of Sale
Cullimore 21309-0653 [02-12-6625]
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6. That Chase Manhattan Mortgage Corporation 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
January 16, 2003 issue of said newspaper and ending with the February 6, 2003
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 February 7, 2003, 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
$ 115,937.3.5 , which was bid and offered by
Chase Manhattan Mortgage Corporation 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 Chase Manhattan Mort§age Corporation
for the sum of $ lt5,937.35 ; 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 Chase Manhattan Mortgage Corporation, 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 Chase Manhattan Mortgage Corporation
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 February
7, 2003, the date of the sale, unless the property shall have been redeemed as
provided by law prior to that time.
7th
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of February ,2003.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
Print Name: Randy Nate
Title: Deputy Sheriff
Certificate of Sale
Cullimore 21309-0653 [02-12-6625]
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t
ACKNOWLEDGMENT
115
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by Randy Nate
Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of
February , 2003.
Witness my hand and official seal.
JANE THORNOCK-LOTZ - NOTARf PUL]I_IC
My Commission Expires:
Certificate of Sale
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t 7507
ii6
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, Chase
Manhattan Mortgage Corporation in a procedure to foreclose a certain real estate
mortgage dated June 22, 1998 (the "Mortqaqe"), and recorded on June 26, 1998,
in Book 413 PR at Page 617 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 Mike Cullimore and Carolyn Cullimore, married, are the named
mortgagors, and Associates Funding, Inc. is the named mortgagee, which
mortgage was assigned for value by Associates Funding, Inc. to Chase
Manhattan Mortgage Corporation by an assignment of mortgage dated June 22,
1998 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 June 26,
1998, in Book 413 PR at Page 623 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 0860 0007 3956 7325
Mike Cullimore
737 CR 107
Etna, WY 83118
CERTIFIED MAIL NO. 7002 0860 0007 3956 7332
Carolyn Cullimore
737 CR 107
Etna, WY 83118
CERTIFIED MAIL NO. 7002 0860 0007 3956 7301
Mike Cullimore
P.O. Box 5124
Etna, WY 83118
CERTIFIED MAIL NO. 7002 0860 0007 3956 7318
Carolyn Cullimore
P.O. Box 5124
Etna, WY 83118
CERTIFIED MAIL NO. 7002 0860 0007 3956 7509
Occupant
737 CR 107
Etna, WY 83118
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 30, 2002, and the date of the first publication of the
notice of foreclosure sale was January 16, 2003.
Cedificate of Sale
Cullimore 21309-0653 [02-12-6625]
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FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
S~bscribed in my presence and sworn to before me by P. Jaye
Rippley this ,~ ~ day of ~./~t~¢,~.-, 2003.
Witness my hand and official sea. I..
N"Ot~r~ Public
County of ~ State of
Natrona Wy<~ng
IVly C, omrnis~o~ Expim~ Set~. 17, 2006
Certificate of Sale
Cullimore 21309-0653 [02-12-6625]
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THE STATE OF WYOMING}
}ss
County of Lincoln }
EXHIBIT B
PROOF OF PUBLICATION
1!8
Donna Kay Fatheree first duly sworn deposes and says that _she is an employee of the
KEMMERER GAZETTE, a newspaper of general circulation, published at Kemmerer,
Lincoln County, in the State of Wyoming.
That/~otice, a true copy of which is hereto attached, was published on the/~--~ 5'z'~'~
day of_~//rj,]/.?///.Z/&Lr/ ~ 20('/T.~ and was published in each succeeding week until the
4'~ da ~' ·
~ ~ Y _0~~ff~z//,~,~.,~ ~ 20~)_~ being a period of / successive
week(s). That said newspaper is published weekly, on Thursday of each week.
20 F'fi~
Subscribed and sworn to before me, the
:i: ::~h:~:~,:;.~ ~: :..i.i~!..:(3i ,,
under
:: to:A~ soci~te ~ of th~
same : was executed'and delivered b~
Mort ' :' ; ,.married; tO'
iMort was re-
· corded ~
· :." WHEREAS, the~
default~ the .owner,of the.Note.and ~the. Mbrtgage~deciares :to have: becord}~
OPerative and no sUit 0fproceeding has b6en instituted at:laW iorecover th~!
debt seeured.b~:,the .Mortgage.' or, ggypart thereof~, nor::ha~:;anyi'such :sm[ m5
proceeding~b~i'inst[~i~d~!~di i!~/~i~n~~ !~ }'~
"WHE~AS; whtten n0i[c~e of ~nte~t t; 'foreci0s~.:!he M6hgage bY adx/ei~-~
in the
Notary Public, Lincoln County, Wyo.
My commission expires on
the llth day of May, 2003
2003.
LLF
826~-
: 4011t
Certificate of Sale
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EXHIBIT C
i!9
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, Chase
Manhattan Mortgage Corporation in a procedure to foreclose a certain real estate
mortgage dated June 22, 1998 (the "Mort.qa.qe"), and recorded on June 26, 1998,
in Book 413 PR at Page 617 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 Mike Cullimore and Carolyn Cullimore, married, are the named
mortgagors, and Associates Funding, Inc. is the named mortgagee, which
mortgage was assigned for value by Associates Funding, Inc. to Chase
Manhattan Mortgage Corporation by an assignment of mortgage dated June 22,
1998 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 June 26,
1998, in Book 413 PR at Page 623 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
Chase Manhattan Mortgage Corporation, will charge said Chase Manhattan
Mortgage Corporation 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
Cullimore 21309-0653 [02-12-6625]
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FURTHER AFFIANT SAYETH NAUGHT.
~ ~. Jaye~P-d~ol~ieyc
of Brown, Drew & Massey, LLP
159 NoAh Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed J~ my presence and sworn to before me by P. Jaye Rippley
this ,.u~~ day of ~,,~4~,2003.
~J
Witness mY hand and °fficial seal' ~.~~/2f~ ~ ~ .~£.4..~
No~d)"Pu blic ~
My Commission Expires:
Na~ona ~
~ My Co~ ~r~ ~ 17,
Certificate of Sale
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