HomeMy WebLinkAbout888990CERTIFICATE O~J"~A$_~ 9 0
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
"BOOK,_r~_~ lf~-;, PR PAGE
905
RECEIVED
LINCOLN t<Ob~;TY CLERK
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 January 30, 1997, executed and delivered by TB
Futures, Inc. to CIT Small Business Lending Corporation f/k/a AT&T Small
Business Lending Corporation and (b) that certain mortgage daied January 30,
1997 (the "Mort.qage"), securing said note, whiCh Mortgage was executed and
delivered by mortgagor, named TB Futures, Inc., to mortgagee, named CIT Small
Business Lending Corporation f/k/a AT&T Small Business Lending Corporation,
and was recorded on January 31, 1997, in Book 393 PR at Page 446, 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:
Lot 4 of the Southland Commercial Addition to the
Town of Diamondville, Lincoln County, Wyoming as
described on the official plat thereof with an address
of 04 US Highway 30/189, Diamondville, WY 83116
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, CIT Small Business Lending
Corporation elected to foreclose the same and at the request and direction of CIT
Small Business Lending 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.
5. That CI.._T Small Business Lending 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
February 13, 2003 issue of said newspaper and ending with the March 6, 2003
issue thereof; and again once a week for four (4) consecutive weeks,
commencing with the March 13, 2003 issue of said newspaper and ending with
the April, 2003 issue thereof; that said notices 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 notices and the publisher's
affidavit of publication thereof are attached hereto as Exhibit B and by this
reference made a part hereof.
Certificate of Sale
30093-2
Page 1 of 8
906
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On April 4, 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
$160,000.00, which was bid and offered by CIT Small Business Lendin.q
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 CIT Small Business Lendinq
Corporation, for the sum of $160,000.00; and that the sum bid was thereupon
paid and the sale of said real property was then and there completed as by law
provided.
7. That the sum of $500.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for CIT' Small Business Lending 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.
8. 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.
9. That said CIT Small Business Lendin.q 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 April 4,
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
4th day of April , 2003.
Lee Gardner, Sheriff in and fOr
Lincoln County, State of Wyoming
By:
Print Name: Randy Nate
Title' Deputy Sheriff
Certificate of Sale
30093-2
Page 2 of 8
ACKNOWLEDGMENT
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 4th day of
April , 2003.
Witness my hand and official seal.
My Commission Expires:
Certificate of Sale
30093-2
Page 3 of 8
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
Timothy M. Stubson, of lawful age, being first duly sworn upon his
oath, deposes and says'
1. That he 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, CIT Small
Business Lending Corporation in a procedure to foreclose a certain real estate
mortgage dated January 30, 1997 (the "Mortqa_qe"), and recorded on January 31,
1997, in Book 393 PR at Page 446 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 TB Futures, Inc., is the. named mortgagor, and CIT Small
Business Lending Corporation f/k/a AT&T Small Business Lending Corporation is
the named mortgagee, 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 9688
TB Futures, Inc.
04 US Highway 30/189
Diamondville, WY 83116
CERTIFIED MAIL NO. 7002 0860 0007 3956 9644
TB Futures, Inc.
P.O. Box 400
Diamondville, WY 83116
CERTIFIED MAIL NO. 7002 0860 0007 3956 9657
TB Futures, Inc.
Attention: Registered Agent Terry L. Barnes
2640 Palomino
Bar Nunn, WY 82601
CERTIFIED MAIL NO. 7002 0860 0007 3956 9640
Occupant
04 US Highway 30/189
Diamondville, WY 83116
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 29, 2003, and the date of the first publication of the
notice of foreclosure sale was February 13, 2003.
Certificate of Sale
30093-2
Page 4 of 8
9O9
FURTHER AFFIANT SAYETH NAUGHT.
Tiroeth~ M. Stubson .
of Brov¥fl, Dr~w & Massey, LLP
1.59 Nortlt~Ndlcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Stubson this
Subscribed ~senc~ and sworn to before me by Timothy M.
~'--~. day of ' ' 2003.
Witness my hand and officia~al~
· Notary Public~ -
Certificate of Sale
30093-2
Page 5 of 8
EXHIBIT B
PUBLISHER'S AF FIDA_VJT
THE STATE OF WYOMING}
}ss
County of LincoLn }
PROOF OF PUBLICATION
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 ofWyoming.
That the notice, a true Copy of which is hereto attached, was published on the
day of ,/t~/_~L4A~C,/d~/ , 20 c9~ and was published in each succeeding week until the
/
~ ~/: d~y or ./Yz.¢~.4~ ,20 ~ 5 bei.g .~ pe,-iod of ¢/ successive
week(s). That said newspaper is published weekly, on Thursday of each week.
Subscribed an'd-sworn to before me, tile
20 ~3.
day of _~/~-.~ ,
as re~0'rded 0ti ',
Notary Public, Lincoln County, Wyo.
My cmnmission expires on
the llth day of May, 2003
posse
$356 015.96, w, hich sume0nsists ofthe Unpaid principal balance of $345 798..70
plus'interest: acemedl0jthd da[e Of the'first publication.6f; thi's notia~' in the
amount ~of; $9,9,.50-0~;i:~plus': lat~ charges Ari ~the' amount of: $267'.24,, :p!us
attdrh~?:~ ~'bst~'ek~endea '~d'~cc~fhg'intdie~t'and iate charge~ aaer the
[or Lihc~i~ cb~nw,' W~6ming to the
i51h~'61n Count
~ad~ss
ag follows t6~viiN'
i t6 the Towh 0f Diamondville,~ %._
deSCribed 0~ th~ 0fficialplai: thereof kvith afl.'
0/189, Dia~0hdville; wy 83116:
:']:ii:}iiTogett!ef :Wi thdr~on :gJt0ate and all' fi~tures,
a~u:~enanceS ,it
. ? ; 5?:?. r :, ,By::Timothy M: Smbso~:
. ~'~]~ " ?' ~ :.. .... · ~:~':: ~' Bro~'~~ D~W ~'a~sey, LL~
~'~;:~ ..... },~:;.~,:~-.~.: .:,~ ;.;;~?- ;~:. Casper Wyoming 8260
Certificate of Sale
30093-2
Page 6 of 8
EXHIBIT B
PUBLISHER'S AFFIDAVIT
THE STATE OF WYOMING}
}ss
County of Lincoln }
PROOF OF PUBLICATION
Gibson Mathers first duly sworn deposes and says that h.~e 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 /Ed (z~d~
~'~"-c~ day.of
and was published in each succeeding week until the
, 20t;.~ being a period of~__~U./~(~) successive
week(s). That said newspaper is published weekly, on Thursday of each week.
Subscribed and sworn to before me, the Fourth day of April, 2003__=
Notary Public, Lincoln County, Wyo.
My commission expires on
the 9th day of March, 2005
Certificate of Sale
30093-2
Page 7 of 8
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
Timothy M. Stubson, of lawful age, being first duly sworn upon his
oath, deposes and says:
1. That he 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, CIT Small
Business Lending Corporation in a procedure to foreclose a certain real estate
mortgage dated January 30, 1997 (the "Mortqaqe"), and recorded on January 31,
1997, in Book 393 PR at Page 446 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 TB Futures, Inc., is the named mortgagor, and CIT Small
Business Lending Corporation f/k/a AT&T Small Business Lending Corporation is
the named mortgagee, 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
mortgagee, will charge said mortgagee 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.
FURTHER AFFIANT SAYETH NAUt. ~'
Ti~th~ M. Stubson
of Br~f~vn,/Df'ew & Massey, LLP
159 No~:~Nolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my,gresence and sworn to before me by Timothy M.
Stubson this~ ~a~-~day of ~,,(//?L,~ ' ,2003.
Witness my hand?~and official seal./'-')
~'r~ F;Ublic ~ ~
Cedificate of Sale
30093-2
Page 8 of 8