HomeMy WebLinkAbout888411 RECEIVED
:LINCOLN COUNTY CLERK
888t, I I
CERTIFICATE OF SALE
STATE OF WYOMING )
)SS.
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 November 6, 2001, executed and delivered by
Lafe J. Holbrook and Debra F. Holbrook, husband and wife to M & T Mortgage
Corporation and (b) that certain mortgage dated November 6, 2001 (the
"Mort.qa.qe"), securing said note, which Mortgage was executed and delivered by
mortgagors, named. Lafe J. Holbrook and Debra F. Holbrook, husband and wife,
to mortgagee, named M & T Mortgage Corporation, and was recorded on
November 14, 2001, in Book 477 PR at Page 82, 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:
Part of Section 19, T31N R118W of the 6th P.M.,
Lincoln County, Wyoming, being more particularly
described as follows: ·
Beginning at the Northwest corner of said Section 19
and running thence N 89046'49' E, a distance of
148.80 feet to the point of beginning; thence N
89046'49' E, a distance of 150.2 feet; thence S
00°00'00'' E, a distance of 290.00 feet; thence S
.89o46'49'' W, 150.2 feet; thence N 00°00'00'' E, a
distance of 290.00 feet to the point of beginning.
LESS AND EXCEPT any land contained in Warranty
Deed recorded October 11, 1995 in Book 374PR on
page 455 of the records of the Lincoln County Clerk,
with an address of 44 Bowles Lane, Alton, WY 83110
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 M & T Mortgage Corporation to Wells Fargo Home
Mortgage, Inc. ("Mort.qa.qee") by that certain assignment of mortgage dated
November 21, 2001, and recorded on February 15, 2002, in Book 483 PR at
page 566, 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, Wells Fargo Home Mortgage,
Inc. elected to foreclose the same and at the request and direction of Wells
Fargo Home 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
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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 Wells Fargo Home 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
February 13, 2003 issue of said newspaper and ending with the March 6, 2003
issue thereof; that said notice did comply in all respects with the requirements of
the ~tatutes 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 March 11, 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
$ 92,292.50 , which was bid and offered by
W~llS Fargo Home 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 Wells Fargo Home Mortgage, Inc.
for the sum of $ 92,292.50 ; 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 Wells Fargo Home 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 Wells Fargo Home 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 March 11,
2003, 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
day of March , 2003.
By:
Print Name:
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
8ill Thek
Title' Deputy Sheriff
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75O
ACKNOWLEDGMENT
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by B~]l 'rh.k ,
Deputy Sheriff of Lincoln .County, State of Wyoming, this llth day of
March , 2003.
Witness my hand and official seal.
My Commission Expires:
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THE STATE OF WYOMING}
}ss
County of Lincoln }
EXHIBIT B
PROOF OF PUBLICATION
75I
Donna Kay Fatheree ilrst 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 the notice, a true copy of which is hereto attached, was published on the /~ ~
day of //~r~ar¥ ~ 20 6~,~ and was published in each succeeding week until the
/
~/~ ~ day of./~/c~.~ ~ 20 ,9 ~ 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
day of ~
20 ~23.
.:,[;:;::' '::~-~FORECLOSURE SALE NOTICE.~ "~,'
'): y~HEREASi,?default in the payment of principa} and.interest h~s occurr~l~
u~d~r {h~ terms of a promisso!Tnote(the "Note") dat6d'NoVember 6, 200 ,,
e~'¢hted'~hd delivered by Laf~ JjH01brool~ and Debra.E. Holbrbok, husband
a'~d.'~if~i'~[0 M & T. Mo~t~g~ c6tPi~ratioh, and a re.al es.tate' mortgage (thc
,,M~'~ge,.?~',i~f.?th?':~am¢!'.dg~&i:::}~'9.,~fing i[he.Npte, '~/hich .Mortgage was Notary Public, Lincoln County, Wyo.
e~['~ (e'd h'n~i' ~idllg~r"~d bs;Mdrt~gors, naaied Lafe I. Holbrook and Debra F.
Holbrook,-husband and wife; to.Mortgagee;:-namedM & T Mortgage Corpo- My co~nmission expires on
ration, and which Mortgage was recorded on November 14,~2001, in Book 477
PR at Page 82 in the records of ~t/6¢:bffice of the County Clerk and ex-officio- the 1 lth day of May, 2003
l(egister of Deeds in and for Li~':,County, State of Wyoming; and
~ WHEREAS, the Mortgage.w'~'~.'a~signed.for. value by M & T'Mortgage :~
C~orp&~t{on t0 Wells Fargo~¢~Id~i;~g~i?Inc. by an in~ment of'
a~si~Ca~7of mortgage signed'.~nd/'~idEn$~i~dged on Noverfi!¢er, gl, 2001, ::
and~ec0~d~ on Feb~m~ry 15, 2002;:'ih]~66~'483 pR at Page 5.66]fi the records.
Of the 6ffi~-of th~County Clerk ai/d ~(}'i~ffic,!~)Regist~r of Deeds in and for:
~ WH~RE~s '[h'~Mdi-/~agd(6ofith'in~ a'pow~$~sal~which.by rdason of~aid ~
d~fadlt, tt/'~ ownei of the Ndte .~nd the Mortgage declares to have become"
operative~ and no suit or proceeding has been instituted at law to recover the
d~bt secured by the Mortgage;. 9r~any' part.thereof/nor, has any such suit or,
proceedin~ b~efi ins~fifU~dd'!~d ~h~ ~a~i:d'i'~fitinfied; find;"
WHEREAS wrRte, n.notice of intent to foreclose the Mortgage by adver:
tisement arid..~ale'ha~'been(served'dP6n thb r~cbrd 6~vn~t and~theparty in
possessio~ ';~ ~he"m;~tgaged pr~ses. ~t le~t~ten'(i0} days 'prior to the
commencement of this publication, and the amount due upon the Mortgage off
the date of first publication of. this notice of sale being the total sum of
$90,12_2.38, which sum consistS'Of the unpaid principal bal~lnee'°f$87' 268'32~
plus interest accrued to the date Of the first publication of this notice in the
amount of $2~553 76,. plus~l'aie Ct~arges i~i'the, a~m0unt of $139.05, plus othei~
o~tstanding charges in,th~ alii~unt 'of' $16 i :25 ;. :i51U~ attorneys' fees, costs
expended and accruing .~te~t./and late ~harge~"fif~rei the: date of first
p?licatmn of this nonce :ofisa!eg ".',:?~:"::'v, ! 3:¢
ill NOW THEREFQ,,R~E~ 'Well~rgdHb~eiM0rtgage
tile Note and the M6~t~a~}:~,ill'iiav6 th~:MOfigage f0~dlosed a~ by law
p~ovided by causing'~h~ ~hb~g~igd~l:~;d~i~/Y t~l~¢ ~01~i ~t'i~¢biic~vendue by the
.~efiff or DePute'sheriff id~d'f61'Sinc01n:GbU~)~
bidder ~or cash a~ 10~:'06'0:¢t6~kM;~e'fdren'3b~ ~n ~d~
dbor of the Lincolh?.CChh~'~.Cdfiahpu~:~}::jn?Ke~dr~f7:':L~c°ln County~
~voming for ~Ppii~fi0nc~0n::the 'ab6ve:dgs'~Bhed~:m~t's' secured by the
':'~ P~ of Se~fiomil2',:~3!y~Rl.~18 {.':'O~r~tge".:0tn
: '-[:~, Begi~in~, fit t)e.~'~'~bgt~&¢e o~'~ Sect!on
86746'49' E a~dis~ance of~l~5~.2;fee ~t?nces 00°00'00',
2'~0 00 feet' ~en~e S 89°46;g~?~ 150.2 feet~;~heh~e
distance of 290 00 feet to the pmnt'o oegmmng.
' ~:',LESS ~ EXCEPT any land' ~ontained in W~anty Deed req0[d~d~
~ctober 11 1995 in'~,o6~ 37~PRon' ~age ~55 of ~e r6cords of the E/nco~n
Z4 ~, ', ~ ,' ~ "~f~:~ 5.~i~'4~:~i~'~'~ ' - ~ ' "~
u0unty uter~ -? ~ ~:'~ ~ :.
~. with an address og~5,~.GW[%¢~9% ~[0~';:.~:fi~ ~0
Commission Expires
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EXHIBIT A
752
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawfu 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, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated November 6, 2001 (the "Mortqaqe"), and recorded on November 14, 2001,
in Book 477 PR at Page 82 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 Lafe J. Holbrook and Debra F. Holbrook, husband and wife, are the
named mortgagors, and M & T Mortgage Corporation is the named mortgagee,
which mortgage was assigned for value by M & T Mortgage Corporation to Wells
Fargo Home Mortgage, Inc. by an assignment of mortgage dated November 21,
2001 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 February 15,
2002, in Book 483 PR at Page 566 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 9497
Lafe J. Holbrook
44 Bowles Lane
Afton, WY 83110
CERTIFIED MAIL NO. 7002 0860 0007 3956 9503
Debra F. Holbrook
44 Bowles Lane
Afton, WY 83110
CERTIFIED MAIL NO. 7002 0860 0007 3956 9534 '
Lafe J. Holbrook
P.O. Box 75
Grover, WY 83122
CERTIFIED MAIL NO. 7002 0860 0007 3956 9541
Debra F. Holbrook
P.O. Box 75
Grover, WY 83122
CERTIFIED MAIL NO. 7002 0860 0007 3956 9558
Lafe J. Holbrook
HC 69 Box 208
Riggins, ID 83549
CERTIFIED MAIL NO. 7002 0860 0007 3956 9565
Debra F. Holbrook
HC 69 Box 208
Riggins, ID 83549
CERTIFIED MAIL NO. 7002 0860 0007 3956 9510
Occupant
44 Bowles Lane
Afton, WY 83110
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753
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 28, 2003, and the date of the first publication of the
notice of foreclosure sale was February 13, 2003.
FURTHER AFFIANT SAYETH NAUGHT.
(,_)P.UJaye Rip~e~y ' ".0.¢
of Brown, Drew & Massey, ELP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and sworn to before me by P. Jaye
Rippley this '~ day of ./~_R/I d~-. , 2003.
Witness my hand and official seal.
N ot"'A'~P~ bii~
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EXHIBIT C
75,I
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, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated November 6, 2001 (the "Mortclaqe"), and recorded on November 14, 2001,
in Book 477 PR at Page 82 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 Lafe J. Holbrook and Debra F. Holbrook, husband and wifel are the
named mortgagors, and M& T Mortgage Corporation is the named mortgagee,
which mortgage was assigned for value by M & T Mortgage Corporation to Wells
Fargo Home Mortgage, Inc. by an assignment of mortgage dated November 21,
2001 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 February 15,
2002, in Book 483 PR at Page 566 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
Wells Fargo Home Mortgage, Inc., will charge said Wells Fargo Home Mortgage,
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.
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FURTHER AFFIANT SAYETH NAUGHT.
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed,iR my presence and sworn to before me by P. Jaye Rippley
this q,C. za day of /'}/1¢/~.d/~ , 2003.
Witness my hand and~l( ~..¢~seal'
No~ Public
My~. ,~% ~UBLiC ~
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