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889225
CERTIFICATE OF SALE
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
E' E'
R,_O,_IVED
Lib!OOLr. J 0,..')Ui'.,1TY 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 December 19, 1994, executed and delivered by
Leon A. Cerny, an unmarried man to First National Bank in Evanston and (b) that
certain mortgage dated December 19, 1994 (the "Mortqa.qe"), securing said note,
which Mortgage was executed and delivered by mortgagor, named Leon A.
Cerny, an unmarried man, to mortgagee, named First National Bank in Evanston,
and was recorded on December 19, 1994, in Book 362 PR at Page 288, 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 parcel of land situated within Lot 8, Block 10, of the
Lincoln Heights 4th Subdivision to the Town of
Kemmerer, Wyoming and being more particularly
described as follows' Commencing at the NE corner
of said Lot 8, thence South 70.86 feet along the East
line of said Lot 8 to the point of beginning, thence
East 130.00 feet to a point on the West line of said
Lot 8, thence South 79.36 feet along the West line of
said Lot 8 to the SW.corner of said Lot 8, thence East
130.00 feet along the South line of said Lot 8 to the
SE corner of said Lot 8, thence North 79.36 feet along
the East line of said Lot 8 to the point of beginning,
with an address of 1131-A Nineth West Ave.,
Kemmerer, WY 83101
Together with all improvements therepn situate and
all fixtures and' appurtenances thereto.
3. That the Mortgage, together with the note secured thereby,
were assigned for value by Fi_.r§_t._._N._a_t_i_or}~!~Bank in Evanston to Fleet Mortgage
Corp. by that certain assignment of mortgage dated April 4, 1995, and recorded
on April 12, 1995, in Book 366 PR at Page 846, 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 again assigned by Fleet Mortgage Corp. to Midfirst Bank by
an assignment of mortgage dated November 2, 1996, and recorded March 21,
1997 in Book 395 PR at Page 101 in the records of the County Clerk and ex-
officio RegiSter of Deeds in and for Lincoln County, 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, Midfirst Bank elected to
foreclose the same and at the request and direction of Midfirst Bank, a written
notice of the intention to foreclose the Mortgage was served upon the record
Certificate of Sale
Cerny 21309-0698 [03-02-01362]
Page 1 of 8
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 Midfirst Bank 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 March 20, 2003 issue of said
newspaper and ending with the April 10, 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 April 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
$58,521.78, which was bid and offered by Midfirst Bank 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 Midfirst Bank, for the sum of $58,521.78; 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 Midfirst Bank, 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 oonformity with the requirements of. the Wyoming
Statutes.
10. 'That said Midfirst Bank 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 11, 2003, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
Certificate of Sale
Cerny 21309-0698 [03-02-01362]
Page 2 of 8
DATED at Kemmerer, Lincoln County, State of Wyoming, this
tlth day of April , 2003.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
Print Name: Randy Nate
Title: Deputy Sheriff
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 11th day of
April , 2003.
Witness my hand and official seal.
Notary Pu-biic '-t .... - '--
My Commission Expires:
Wyoming
Certificate of Sale
Cerny 21309-0698 [03-02-01362]
Page 3 of 8
EXHIBIT a
716
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, Midfirst Bank
in a procedure to foreclose a certain real estate mortgage dated December 19,
1994 (the "Mort.qa.qe"), and recorded on December 19, 1994, in Book 362 PR at
Page 288 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 Leon A. Cerny,
an unmarried man, is the named mortgagor, and First National Bank in Evanston
is the named mortgagee, which mortgage was assigned for value by First
National Bank in Evanston to Fleet Mortgage Corp. by an assignment of
mortgage dated April 4, 1995 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 April 12, 1995, in Book 366 PR at Page 846; and again assigned
by Fleet Mortgage Corp. to Midfirst Bank by an assignment of mortgage dated
November 2, 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
March 21, 1997, in Book 395 PR at Page 101 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 2030 0002 9589 3839
Leon A. Cerny
1131-A Nineth West Ave.
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7002 2030 0002 9589 3860
Leon A. Cerny
679 Shalom Drive
Libby, MT 59923-932
CERTIFIED MAIL NO. 7002 2030 0002 9589 3853
Occupant
1131-A Nineth West Ave.
Kemmerer, Wy 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 6, 2003, and the date of the first publication of the
notice, of forecloSure sale was March 20, 2003.
Cedificate of Sale
Cerny 21309-0698 [03-02-01362]
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FURTHER AFFIANT SAYETH NAUGHT.
717
- UpOJay& R~pr0i~ {"~-
of Brown, D[ew & Massey, L'L--P
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Rippleythis _
Subscribed i,~ m.y J3resence and sworn to before me by P. Jaye
/0 Cday of ('~ ,2003.
Witness my hand and official seal.
Certificate of Sate
Cerny 21309-0698 [03-02-01362]
Page 5 of 8
EXHIBIT B
THE STATE OF WYOMING}
}ss
County of Lincoln }
PUBLISHER'S AFFIDAVIT
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 of Wyoming.
That the notice, a true copy of which is hereto attached, was published on the ,~r~)
day of~./g,~.r,~/ , 20 c9,~ and was published in each succeeding week until the
,//.5c/J1 day of C.--".~,// ~,;~ ,' 20 0_~ being a period of
successive
week(s). That said newspaper is published weekly, on Thursday of each week.
718
C0un~,
; in~ E,
Subscribed and sworn to before me, the
20 G23 .
Notary Public, Lincoln CoUnty, Wyo.
My commission expires on
on the llth day of May, 2003
.... ¢~ , ' !WHEREAS, theMo.rt, gagecontain:s._apowerofsalewhichbyrea~ogpfsaid:
/or Lincoln
..... ' ~ .... 'default the owner of the Note and:~th~iMortgfige, declares to:.ha~e ~eco~'e
'¢'.';,:: ,~ operaUve and no stat or'proceeding haS been"lnsmuted'at law to recoVer4~e
:.,. t:.;.: debt secured .by'the Morlgage, or any pan:thereof,' nor has -ah3/'sQCli ~uit
b~en..ir~sfit:uted and th~sgme digcontinued; and" · ·
' '~'e~];~0~eq'~ter f0~. Lincoln' CbUw' :tisement and sale has been se~ed u~on the:r6cord:dwh~:~d ~e p~ in~'-':
bef2~A996 and'.f6~bfddd ~:'MMCh 21/i 9.¢7;' ifi':g66k:393~pR'~i P'a:ge' 10i in{ $5~ 523: 35: Whi'ch Sflm C6'ns]~t; ;fth~;ut
piu~'~int~re['t acched:t0 the date'6f ~fie "
~ escro% ~dVanc'f:ihth~.~
~ theam0unt of $11:K~0,;
a Lynn Mackinen - Not
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, Midfirst Bank
in a procedure to foreclose a certain real estate mortgage dated December 19,
1994 (the "Mort_qaqe"), and recorded on December 19, 1994, in Book 362 PR at
Page 288 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 Leon A. Cerny,
an unmarried man, is the named mortgagor, and First National Bank in Evanston
is the named mortgagee, which mortgage was assigned for value by First
National Bank in Evanston to Fleet Mortgage Corp. by an assignment of
mortgage dated April 4, 1995 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 April 12, 1995, in BOok 366 PR at Page 846; and again assigned
by Fleet Mortgage Corp. to Midfirst Bank by an assignment of mortgage dated
November 2, 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
March 21, 1997, in Book 395 PR at Page 101 by advertisement and sale as
provided under the provisions of Wyo. Stat. §§ 34-4-10.1, 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.
Cedificate of Sale
Cerny 21309-0698 [03-02-01362]
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FURTHER AFFIANT SAYETH NAUGHT.
kY I~ Jaye Rgpfey ('/
of Brown, Drew & Massey,';-r_LP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
72O
Subscribed in my 'presence and sworn to before me by P. Jaye Rippley
this l fl~", ~
b' aay of~ ,2003.
I
Witness my hand/a~official seal./~
Notary Public
CINDY BAKER - NOTARY PUBLIC Counl¥ of ,~ State of
Certificate of Sale
Cerny 21309-0698 [03-02-01362]
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