HomeMy WebLinkAbout877990 CER~Jldi,CATE O'F: ~A~I~ BOOK ':~ ('-~VR !'AOE
STATE OF WYOMING )
COUNTY OF LINCOLN )
Lee Gardner, of la~ul age, being first duly sworn upon his oath,
states and cedifies 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 16, 1999, executed and delivered by George
John Plecas to GMAC Mortgage Corporation dba ditech.com and (b) that certain
mortgage dated June !6, 1999 (the "Mortqage"), securing said note, which
Mortgage was executed and delivered by mortgagor, named George John
Plecas, to mortgagee, named GMAC Mortgage Corporation dba ditech.com, and
was recorded on June 30, 1999, in Book 432 PR at Page 375, 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 5 6f River View Ranchettes, First Filing,
Subdivision, Lincoln County, Wyoming as described
on the official plat thereof with an address of 146
Fidler Lane, County Road 173 S., Lincoln County, WY',
83127
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 GMAC Mortgage Corporation dba ditech.com to
Wells Fargo Home Mortgage, Inc. f/Ida Norwest Mortgage, Inc. by that certain
assignment of mortgage dated October 19, 2000, and recorded on November 7,
2000, in Book 455 PR at' Page 343, 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 Wells Fargo Home Mortgage, Inc. f/ida
Norwest Mortgage, Inc. to First Union National Bank, as Trustee by an
assignment of mortgage dated December 22, 2000, and recorded March 19,
2001 in Book 461 PR at Page 161 of 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, First Union National Bank, as
Trustee elected to foreclose the same and at the request and direction of: First
Union National Bank, as Trustee, 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
Plecas 2130g-355 [01-04-1330]
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6. That First Union National Bank, as Trustee 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
November 21, 2001 issue of said newspaper and ending with the December 13,
2001 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 December 14, 2001, 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
$334,862.96, which was bid and offered by First Union National Bank, as Trustee
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 First Union National Bank, as
Trustee, for the sum of $334,862.96; 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 First Union National Bank, as Trustee, as
compensation for services actually rendered in the foreclosure pr6beeding, 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 6, and by this
reference made a part hereof.
9. That the sale of the above-described real property was made
in full cornpliance 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 First Union National Bank, as Trustee 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 December
14, 2001, the date of the sale, unless the property shall have been redeemed as
3rovided by law prior to that time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
14tl~ day of December ., 2001.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
Print Name: Randy Nate
Title: Deputy Sheriff
Certificate of Sale
Plecas 21309-355 [01-04-1330]
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF [..INCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by Randy lqate
Deputy Sheriff of Lincoln County, State of Wyoming, this 14th day oi
' December , 2001.
Witness my hand and official seal.
tt Lincoln k'qOliifJ~iJ~t~¢;t , Wyoming ~; Not Public
~ My Commission Expires ,~_
My Commission Expires:
Certificate of Sale
Plecas 21309-355 [01-04-1330]
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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 modgagee of record, First Union
National Bank, as Trustee in a procedure to foreclose a certain real estate
mortgage dated JUne 16, 1999 (the "Mortga.qe"), and recorded on June 30, 1999,
in Book 432 PR at Page 375 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 George John Plecas, are the named mortgagors, and GMAC Mortgage
Corporation dba ditech.com is the named mortgagee, which mortgage was
assigned for value by GMAC Mortgage Corporation dba ditech.com to Wells
Fargo Home Mortgage, Inc. f/k/a Norwest Modgage, Inc. by an assignment of
mortgage dated October 19, 2000 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 November 7, 2000, in Book 455 PR at Page ~4~; and again
assigned by Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. to
First Union National Bank, as Trustee by an assignment of mortgage dated
December 22, 2000 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
Marchl 19, 2001, in Book 461 PR at Page 161; 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 cedified 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, 7000 1670 0001 5539 5180 CERTIFIED MAll_ NO. 7000 1670 0002 5539 5210
George John Plecas George John Plecas
146 Fidler Lane 146 Fidler Lane
County Road 173 S. County Road 173 S.
Lincoln County, WY 83127 Thayne,.WY 83127
CERTIFIED MAIL NO. 7000 1670 0001 '5539 5227 CERTIFIED MAIL NO. 7000 1670 00015539 5203
George John Plecas Occupant
P.O. Box 982 146 Fidler Lane
Th, aYne, WY 83127 County Road 173 S.
Lincoln County, WY 83127
Cerlificate of Sale
Plecas 21309-355 [01-04-1330]
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3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 23, 2001, and the date of the first publication of the
notice of foreclosure sale was November 21,2001.
FURTHER AFFIANT SAYETH NAUGHT.
(,./t5. ¢]ye Ri~e~ ~"'
of Brown, Drew & Massey, L(_L~P
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed .~ my presence and sworn to before me by P. Jaye
Rippley this ~ day of .[(.~)~_.~~ 2001.
Witness my hand and official seal
Notary Publi'~ -~
Certificate of Sale
Plecas 21309-355 [01-04-1330]
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF' PUBLICATION,
TIIE ,:,1 A 1; ()1,' WY()MIN(;, ss Copy Of Notice
County of l,in(:oln
~~.~ FORECLOSURE SALE NOTICE
. . st d~ly 2m'm'n WHERl~AS, defaultin~hepaymentofprincipalandinteresthasoccurredunderlhe
terms or a promissory note (the "Note") daled June 16. 1999, executed and de vered
delmses a~n(I sa~ s tim i~ by George John Plecas, to GMAC Mortgage Corporation dba dj(cch.corn, and a real
estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage
...o f The 1( I~M M 1:;1~ 1~ I¢ was executed and delivered by Morlgagor, named George John Plecas, to Morlgagee,
GAZE'["t'I¢, a .newspaper ()f named GMAC Mortgage Corporation dba ditech.com, and which Mortgage was
general ci rcula lion, imblis hod a t recorded oo June 30, 1999, in Book 432 PR at Page 375 in the records of the office of
lxemmever, l,incoln (h}unly, in the County Clerk and ex-officio Regisle ' of Deeds in nnd for Lincoh~ C°unly, Slate°f
Wyomiog; and
the State of Wyoming. WHEREAS, the Mortgage was assigned for ~,alue by GMAC Mortgage Corpora-
lion dba dilech.com IO Norwest Morlgage, luc~ by an instrument of assignment of
That the no(itS, a ~ rue copy of mortgage signed and acknowledged on October 19, 2000, and recorded on November
which is hereto attached, was 7, 2000, in Book 455 PR al Page 343 in the records of the'office of Ihe County Clerk
and ex-officio Regisler of Deeds in and for Lincoln County. State of Wyoming; was
published on the...~]~ .day then assigned by Wells Fargo Home Mortgage, Inc. ffk/a Norwea Mortgage, Inc. to
Fir'si Union National Bank, as Trustee by an instrument of assignment of mortgage
Of _.~.., ~O.O]-a ~d signed and acknowledged on December 22.2000, and recorded onMarch 19, 2001, in
was published in each succeed- Book461 PRatPage 161 infl~erecordsoftheofficeoflheConntyClerkandex-officio
Register of Deeds in and for Lincoln county, SUlle of Wyoming; and
lng x,'~( until the J.~= day WHEREAS, theMortgageconulinsapowerofsalewhichbyreas°n°fsaiddefault'
the owner of the Note and the Mortgage declares to have become ope 'alive, and no sub
Of __~~ ...... , .d~.~. or proceeding has been instituted at law to recover the debt secured by the Mortgage.,
or any part Ihere0f, nor hns any such suit or proceeding been instituted and the same,,
being a period of ..... ~ ........ discontinued;aod '
successive weeks, q'ha[ said WHEREAS. written notice of intent-to fureclose the Morlgageby advertisement',
and snle has been served upon tim record owner and the party in possession of the,
. newspaper is Dublished wee'.:ly, mortgaged premises at least ten (10) days prior l0 the commencement of this',
on Thursday of eac~week, publication, and d~e amount due upon the Mortgage on tl~e date of first publication of;
this notice ol'saie being the tO(hi sum of $33 I, 163.33, which sum co ~sists of the unpaid',
principal balnnce of $299,555.56, plus interest accrued to the (late or the first;
publication of this notice in the amount of $25,605.73, plus lnte charges in the amount;
, of $643.32, plus an escrow advance in the amounl ors 1,828.54, plus ot ~er outstanding'
Subscribed and sworn Lo l)e- chargesin the amount of $3,530.18, plus altorneys5 fees, Costs expended, and accruing,,
interest and late charges after the date of first publication of this notice of sale; ..
[or~ me, the .... day of Note and lhe Mortgage, will have tl~e Mortgage foreclosed as by law provided by~
Sheriff in and for Lincoln County, Wyoming to the highesl bidder for cash at 10:00;
o'clock in the forenoon on I)ecember 14, 2001, at the front door of the L ncoln Counly;
~ - Courlhouse in Kemmerer, Lincoln County, Wyoming, IBr application on the above-.
described amounts.secured by the Mortgage, s~id mortgaged Properly being described
~y commiss~/5 expires the asfollows, to-wit:
Wyoming as described on the official plat thereof with'an address 0f 146 Fidlei' Laue,
County Road 173 S., Lincoln County, WY 83127
Togelher with all improvements thereon situate and all fixtures and appm'tenances
~ ' thereto.
~ BEi"F¥ M. LEGARRA- NOTARY PUBLIC ~ · By: P. Jaye Rippley'.
County of ~ 8rate of ~ Brown, Drew A Masse)',
~ Lincolr, '~ Wyoming ~ t59 North Wolcott Street, Suite 200
Casper, Wyoming 82601
My O~ion Expires 2002 Nov. 21-2%Dec. 6-13 1122D
Certificate of Sate
Plecas 21309-355 [01-04-1330]
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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, First Union
National Bank, as Trustee in a procedure to foreclose a certain real estate
mortgage dated June 16, 1999 (the "Mort¢lage"), and recorded on June 30, 1999,
in Book 432 PR at Page 375 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 George John Plecas, are the named mortgagors, and GMAC Mortgage
Corporation dba ditectl.com is the named mortgagee, which mortgage was
assigned for value by GMAC Mortgage Corporation dba ditech.com to Wells
Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. by an assignment of
mortgage dated October 19, 2000 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 November 7, 2000, in Book 455 PR at Page 343; and again by
Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc. to First Unio~
National Bank, as Trustee by an assignment of mortgage dated December 22,
2000 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, dn March 19,
2001, in Book 461 PR at Page 161; by advertisement and sale as.provided under
the provisions of Wyo. Stat. §§ 34-4-10!, 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 att0meys for said
mo~lgagee, 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
Plecas 21309-355 [01~04-1330]
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FU~T~E~ AFFIANT SAYET~ NAUGHT.
By: .,_..,_ _
of Brown, Drew 8, Massey,/L_P
15@ North Wolcott Street, Suite 200
Casper, Wyomin§ g2601
(307) 234-1000
,Subscribe~,q,n my p.resence and sworn to before me by P. Jaye Rippley
this ]~,. day of ~.~~...2001.
Witness my hand ~r~ official seal./")
· My Commission Expires:
Cedificate of Sale
Pieces 21309-355 [01-04-1330]
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