Loading...
HomeMy WebLinkAbout889403BOOK 438 889t,,.03 RECEIVED ~,.l r,~ll/,.~T,~, -'~ ' ........ '- CLERK SHERIFF'S CERTIFICATE OF PURCHASE FORECLOSURE SALE ..... THIS CERTIFICATE made on this 17th day of April , 2003, by the Sheriff of Lincoln County,-State of Wyoming, to CommuniW First National Bank~ of 801 Pine Avenue~ KemmereG WY 83101. WITNESSETH: WHEREAS, a Mortgage was executed by J & S Companies, Inc., a Wyoming Corporation; Jere C. Kovach and Sheila A. Kovach, husband and wife on December 30, 1999, to Community First National Bank, Mortgagee, for the following described real property: Parcel 1: Lot 48 of Unit C-1 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 2: Lots 10 and 11 of Unit C-2 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 3: Lot 7 of Unit C-3 of the Commissary 'Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 4: Lot 32 of Unit A of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof., which Mortgage was on January 11, 2000, duly recorded at Book 440, Page 404, in the Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Parcels 1 & 2: J & S Companies, Inc., a Wyoming Corporation; and Parcels 3 & 4: Jere C. Kovach and Sheila A. Kovach, husband and wife as tenants by the entiretires. WHEREAS, a delinquency in payments occurred, pursuant to provisions Of said Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale contained in said Mortgage to be operative; that pursuant to the provisions of Wyoming Statutes, 1977, §34-4-101 through §34-4-113 , I, w.J. Thek , do hereby certify that the property foreclosed is situated in Lincoln county, Wyoming, and more particularly described above, and was duly advertised in the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming for four (4) consecutive weeks, to wit: Mar. 20, 27, Apr. 3, 10,' 2003, as is more fully shown by the Affidavit of Publication attached hereto; and THAT said property was sold in one parcel at public vendue in accordance with the Notice of Foreclosure Sale at the date and time set forth, to wit: April 17, 2003, at 10:00 a.m. Said sale was made by me, and the above described property was sold to Community First National Bank~ of 801 Pine Avenue~ Kemmerer~ WY 83101~ in the sum of$61~851.99; and THAT by virtue of the sale and purchase, the payment of money as described above by the Purchaser, and the authority vested in me thereby and by law, I hereby give and grant this, my Certificate of Sale, to Communi .ty First National Bank~ of 801 Pine Avenne~ Kemmerer~ WY 83101~ and do hereby certify that the Purchaser, or the Purchaser's assignee, will be entitled to a Sheriffs Deed at the expiration of 3 months and thirty (30) days from the date of this sale, unless the same shall have been redeemed prior to that date as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of April ,2003. 439 By: SHERIFF OF LINCOLN COUNTY STATE OF WYOMING ~)eput~ STATE OF WYOMING } } SS. COUNTY OF LINCOLN } On this 17th day of April , 2003, before me personally appeared w.J. Thek , to me personally known, who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed for the purposes therein set forth. Witness. my hand and official seal. My OE4 4OL 4 4 0 AFFIDAVIT OF MAILING STATE OF WYOMING } COUNTY OF LARAMIE } I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton & Davison, Attorneys At Law, and I am a resident of the State of Wyoming. 2. That I caused a Notice of Intent to Foreclose Mortgage by advertisement and sale to be sent to: Record Owners: Parcels 1 & 2: J & S Companies, Inc., a Wyoming Corporation Star Route Willow Springs, P.O.. Box 256 Kemmerer, WY 83101 Parcels 3 & 4: Jere C. Kovach and Sheila A. Kovach, husband and wife as tenants by the entireties Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 subject to the interest of the Trustee in bankruptcy: U.S. Trustee 308 West 21st Street, Room 203 Cheyenne, WY 82001 Parties in Possession: Chapter 7 Trustee R. Michele Russell 213 West Main, Suite E Riverton, WY 82501 J & S Companies, Inc., a Wyoming Corporation Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 Jere C. Kovach and Sheila A. Kovach Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 and to all junior lien holders disclosed by a foreclosure guarantee, by Certified Mail with Return Receipt Requested, on March 7, 2003, at least ten (10) days before the commencement of publication of the Notice of Sale. FURTHER AFFIANT SAYETH NAUGHT. /~-~ DATED April 17, 2003. STATE OF WYOMING } } SS. COUNTY OF LARAMIE John,,~.--'lfatt On of Patton & Davison The foregoing instrument was subscribed and sworn to before me by John C. Patton on April 17, 2003. Witness my hand and official seal. My Commission expires: Notary Public 44I ATTORNEY'S FEE AFFIDAVIT STATE OF WYOMING } COUNTY OF LARAMIE } I, John C. Patton, being first duly sworn upon my oath, depose and state as follow: 1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I am a member of the firm of Patton & Davison, Attorneys At Law and I am a resident of the State of Wyoming. 2. That this Affidavit is being filed pursuant to the provisions of §34-4-112, Wyoming StatUtes, 1977, and has been filed with the Sheriff below named. 3. That on April 17, 2003, the Sheriff caused a Mortgage to be foreclosed in Lincoln County, Wyoming, and that the mortgaged premises were sold by the Sheriff of Lincoln County at 10:00 a.m. on said date. 4. That there is no agreement, express or,implied, between himself and my chem, Community First National Bank, of 801 Pine Avenue, Cheyenne, WY 83101, nor between myself and any other person for any sharing or division of the $800.00 fee which was charged for this foreclosure except with partners of Patton & Davison or other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a fee through foreclosure network agreements. 5. That the mortgage referred to was given by J & S Companies, Inc., a Wyoming Corporation; Jere C. Kovach and Sheila A. Kovach, husband and wife, to Community First National Bank, Mortgagee, for the following described real property: Parcel 1: Lot 48 of Unit C-1 of the Commissary Ranch Subdivision, Lincoln Coumy, Wyoming as described on the official plat thereof. Parcel 2: Lots 10 and 11 of Unit C~2 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 3: Lot 7 of Unit C-3 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 4: Lot 32 of Unit A of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. which mortgage was recorded on January 11, 2000, at Book 440, Page 404, in the Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner of the property is Parcels 1 & 2: J & S Companies, Inc., a Wyoming Corporation; and Parcels 3 '& 4: Jere C. Kovach and Sheila A. Kovach, husband and wife as tenants by the entiretires. FURTHER AFFIANT SAYETH NAUGHT. John C. of Patton & Davison STATE OF WYOMING } } SS. COUNTY OF LARAMIE } The foregoing instrument was subscribed and sworn to before me by JOHN C. PATTON on April 17, 2003. My Commission expires: Witness my hand and official seal. .... _ ......... -.~.~blol.~__ blic PROOF OF PUBLICATION THE STATE OF WYOMING} }ss County of Lincoln } 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 ~Y~ ;/4 day of,/~,~./~/j , 20 e~ and was published in each succeeding week until the r/~c/?~ day of //~/)/~/ // 20 dg~ 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 20 4v5. day of .~'~jzY,~//' ,' Notary Public, Lincoln County, Wyo. My commission expires on the llth day of May, 2003 44 3 NOTICE OF INTENT TO FORECLOSE MORTGAGE TO: Record Owners: Parcels 1 & 2: J & S Companies, Inc., a Wyoming Corporation. Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 Parcels 3 & 4: Jere C. Kovach and Sheila A. Kovach, husband and wife as tenants by the entireties Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 subject to the interest of the Trustee in bankruptcy: U.S. Trustee 308 West 21st Street, Room 203 Cheyenne, WY 82001 Chapter 7 Trustee R. Michele Russell 213 West Main, Suite E Riverton, WY 82501 Parties in Possession: J & S Companies, Inc., a Wyoming Corporation Star Route Willow Springs, P.O. BOx 256 Kemmerer, WY 83.10t Jere C. Kovach and Sheila A. Kovach Star Route Willow Springs, P.O. Box 256 Kemmerer, WY 83101 TAKE NOTICE that pursuant to applicable Wyoming Statutes, and in particular Wyoming Statutes §34-4-103, you are hereby notified that Community First National Bank, of 801 Pine Avenue, Cheyenne, WY 83101, Mortgagee, intends to foreclose by advertisement and sale that certain mortgage given and executed by J & S Companies, Inc., a Wyoming Corporation; Jere C. Kovach and Sheila A. Kovach, husband and wife to secure a Mortgage Note given and executed by J & S Companies, Inc., a Wyonfing Corporation; Jere C. Kovach and Sheila A. Kovach, husband and wife. The mortgage was executed on December 30, 1999, and was recorded on January 11, 2000, at Book 440, Page 404, in the Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming, to Community First National Bank. The current record owner of the property is Parcels 1 & 2: J & S Companies, Inc., a Wyoming Corporation; and Parcels 3 & 4: Jere C. Kovach and Sheila A. Kovach, husband and Wife as tenants by the entiretkes. The Note is in default with the date of the last payment being September 13, 2000. There is due and owing as of the date of first publication the sum of $59,497.66. Such sum will continue to accrue interest, late charges, and any other penalties as provided by the mortgage, all to the date of sale, and additionally there shall be added to the indebtedness all costs and attorney's fees associated with the foreclosure. THIS NOTICE is sent to you as the record owner and or the person in pOssession of the mortgaged premises described as follows: 444 Parcel 1: Lot 48 of Unit C-1 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 2: Lots 10 and 11 of Unit C-2 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 3: Lot 7 of Unit C-3 of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. Parcel 4: Lot 32 of Unit A of the Commissary Ranch Subdivision, Lincoln County, Wyoming as described on the official plat thereof. by certified mail, with return receipt requested, mailed to your last known address ten (10) days before the commencement of the publication of the Notice of Sale. In compliance with the Fair Debt Collection Practices Act, 15 USCS {}1692, we provide you with the following notice and information. (1) The amount of the debt as of the first date of publication is $59,497.66; (2) The ~mme of the creditor to whom the debt is owed is Community First National Bank; (3) Unless you, the consumer, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid; (4) If you, the consumer, notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of the judgment against you, if applicable, and a copy of such verification or judgment will be mailed to you by our firm; and (5) Upon your written request witlfin the thirty-day period, we will provide you, the consumer, with the name and address of the original creditor, if different from the current creditor. THE DATE of fkst publication of The Notice of Foreclosure Sale, and the subsequent publication dates are Mar. 20, 27, Apr. 3, 10, 2003. Sale of the premises will be conducted by the Sheriff of Lincoln County, Wyoming on April 17, 2003, at 10:00 a.m., at the fi'ont steps of the LincOln County Courthouse, Kemmerer, Wyoming. Dated this "~ day of/~t. ~--- ~ , 2003. By: P.O. Box 94-Y Cheyenne, Wyoming 82003 (307) 635-4111 Attorneys for Mortgagee · Complete items 1, 2, and 3. Aisc complete, item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Addressed to: J&S Companies, Inc. a Wyoming Corporation Star Route Willow Springs P.O. Box 256 Kemmerer, .WY 83101 [ A. Received by (Please Print Clearly) X [] Addressee D. Is (:~very address different from ite~l? [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Reglslered [] Return Receipt [or Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery?/fl~xtra Fee)' [] Yes 2. Adicle 7002 0860 0007 6295 3980 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jere C. Kovach Star Route Willow P.O. Box 256 Kemmerer, WY 83101 Spring~ 2. Adil A. Received by (Please Print Clearly) Delivery (~gnature ) X",---~ ~L~ []Agent ~~ [] Addressee D. ~elivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type J~] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandis. [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7002 0860 0007 6295 3966 Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach {his card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed,to: Sheila A. Kovach Star Route Willow P.O. Box 256 Kemmerer, WY 83101 Springs )ellver:y C~nature X ~ [] Agent K L~ CL~-.~ [] Addressee ,'[ D. Is U~livefy address different from item 17 0 Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchar~dlse [] Insured Mail [] C.O.D. I 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 70D2 0860 0007 6295 3997 PS Form 3811, July 1999 Domestic Return Receipt t02595-00-M-0952 446 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so 'that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:' · Chapter 7 Trustee R. Michele Russell 213 West Mai~ Suite 'E Riverton, WY 82501 2. Article Numbe B. Date oi' Delivery J&S/Kovach. * t~LAgenl [] Addresscc D. Is delivery item 17 [] Yes I~' YES, enter delivery address below: ~/o 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. j 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, July 1999 7002 0860 0007 6295 4000 Domestic Return Receipt 102595-00-M-0952 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse · so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: U.S. Trustee 308 West 21st Street Room 203 Cheyenne, WY 82001 2. Arti J&S/Kovach A. Received by (Please Print Clearly) B. Date of Delivery D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No [] Agent [] Addressee 3. Service Type [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7002 0860 0007 6295 3973 PS Form 3811, July 1999 ' Domestic Return Receipt 102595-00-M-0~c