HomeMy WebLinkAbout889904THE STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
BOOK
88990[
RECEIVE D
LI ~uC'...;~ ()!. nliY CLERK
/
THIS CERTIFICATE OF SALE is made and delivered this ]( ~' day of April, 2003,
by the undersigned DepUty Sheriff of the County of Lincoln, State of Wyoming, to Gerald
W. Day and Gloria J. Day ' :
WITNESSETH:
WHEREAS, on June 27, 1998, C. Christine Marce'y, Trustee of the Houston Triangle
Living Trust U/A/D SePtember 24, 1994 as mortgagor did mortgage to Gerald W. Day and
Gloria J. Day as mortgagee, Which mortgage was filed on June 28, 2002 in Book i493, page 406
in the records of the Lincoln County Clerk in Kemmerer, Wyoming effecting real property
located in Lincoln County, Wyoming, more particularly described as Lot 103 of star Valley
Ranch Plat 21:.
Said mortgage was filed for the purpose of securing the original obligation of Eighty
Eight Thousand Dollars ($88,000.00).
WHEREAs, default has occurred in the payment of the amount ~owed to the
mortgagee under the mortgage; and .
WHEREAS, notice as required by law has been given and published 6f the sale of
said premises by being published for four (4) consecutive weeks-on March 6, 13, 20, and 27,
2003, in the Star Valley Independent, a newspaper of general circulation i printed and
published in Afton, Lincoln County, Wyoming, and that said Notice specified:
2.
3.
4.
¸5.
The name of the property owner and the mortgagee;
The date of the mortgage and the date and place where recorded;
The amounts claimed to be due thereon at the date of the Notice;:
The description of the mortgaged premises conforming to that on which the
mortgage was placed; and
The time and place of sale; and
WHEREAS, said sale was held at public venue in accordance with s2id Notice of
Sale and at the time and place therein set forth, to-wit: At 10:00 o'clock in the morning on
the 28th day of March, 200'3 at the front door of the Lincoln County !Courthouse,
Kemmerer, Lincoln County, Wyoming, said sale being made by the undersigned; and
WHEREAS, at said sale, Gerald W. Day and Gloria J. Day purchased the'real estate
above-described for the sum of Ninety Thousand Nine Hundred Forty Dollars ~($90,940.00).
NOW, THEREFORE, by virtue of the sa]e, the purchase and the payment of said
money as aforesaid by said purchaser, and by virtue of the authority vested in me by law, I
hereby give and grant this Certificate of Sale to the said Gerald W. Day and Cloria ]. Day,
whose address is 13278 47th Street, Yuma, Arizona $5367 and do hereby ceriify that at the
time of the ekpiration of the period of redemption provided by ]aw, by virtue of said sale,
provided only that said real estate is not redeemed prior to that time, I will give and grant
unto said purchaser or its assignee, a Sheriff's Deed conveying all of the title in and to said
premises and all thereof, held by said mortgagor, at the time of the of said
mortgage, or at any time since acquired.
execution
IN WITNESS WHEREOF, I have duly executed this Certificate of Sale! in duplicate,
the day and year first above written.
Sheriff
By: ~ Deputy
STATE OF WYOMING
COUNTY OF LINCOLN
On this I1 bk day of April, 2003, before me personally apPeared,.~ .")(ttOj'
me known to be a Deputy Sheriff of Lincoln County, Wyoming, and the
executed the foregoing instrument and acknowledged that (s)he is a Dept
Lincoln County,· Wyoming, and who executed the same as his/her free and voluntary act.
WITNESS mY hand and official seal.
County ~ ~ _ State .ol ~
3erson who
~ty Sheriff of
Notary P~bl;c ~ - 7"/i -r,.~[ {
My commission expires: (,,.)i'-''4'-~° '{-
I DAN DOCKSTADER, Managing Editor of the Star Valley Independent,
published weekly at Alton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and entire,~sue of said newspaper, and not in any supplement
thereof, for //~9 L~ consecutive issues,
commencing with the issue date ,/~ ~/~. ~ 2003, and
ending with issue dated ffT~ f'. ~ ~7 2003.
Subscr/_bed~rn in before me tiffs
2003.
O tobe , 15, 2oo
day of
Notary Public
FORECLosURE SALE
NOTICE
Notice is hereby given that
'on the 27th day Of June, 2003,
C. Christine Marce'y, Trustee of
the. Houston Triangle Living
.TruSt U I AID September 24,
1994 as MortgagOr executed a
Mortgage, in favor of Gerald W.
Day and Gloria J. Day, as
Mortgagee, which Mortgage
was recorded' on the 28th day of
June, 2002, in Book 493 of
~ photo; page 406 as Document
No.882193 in the Office of
' COuntY Clerk of' LincOln
C0untyl Wyomingl mortgaging
the following described"real
p~op~rty located in' Lincoln
C0un~Y, Wyoming to-wit:
' Lot 103 of Star Valley Ranch
Plat 21, Lincoln County,
Wyoming, aS described on the
official plat thereof..
:Said Mortgage secures pay-
ment of a promissory note exe-
cuted on the 27th day of June,
2002, in favor of Gerald W. Day
and'Gloria'& Day'in the origi-
nal amount of $88,000. The
maker of said note is in default -
having not made monthly pay-
ments due thereunder, and
thus a default in the require-
I merits and conditions of said
Mortgage has' become opera-
tive. The amoUnt dUe and
ovemg on the date of the, first
~ 'Publication of this notice of sale
'. is :'$~'90;940.00 ~ including ,late:
~'fees and attorrmy's "fees: and-
'- costs. Gerald W. Day andGloria
I. j.~ _~.ay_.j .e_!ec~ed__ t9 declare. the_
422
entire! unpaid balance of the
,,. Mo.rtg:tge debt due and payable.
and to exercise .the'~Power to
foreclose said Mortgage by
advertisement and sale as pro-
vided for in the Mortgage. No
'suit o'r proceeding:haS been
instituted at law to recover the
debt npw remaining secured by
said Mortgage or any part
thereof. The mortgage holder
gave notice of notless than ten
(10) d~ys from the date Of said
notice !to C.. christine Marce'y,
Living Trust:; U I AI~)
Sept~ember 24, 1994. by certified
mail; return receipt requested,
as the record owners and per-
' sons entitled: to pOsSesSion of
i'said mortgaged Property of the
~ intent, of the mortgagees t'o
commence foreclosure of said
Mortgage by advertisement
"'and: sale :~ .;Pursuant _.~o said
Mortgage F-and' i~he'~ iWyoming
statutes,, said Mortgage will be
foreclosed -and 'the above-
described' mortgage premises
will belgold at public auction to
the highest' bidder.for cash, by
the Sheriff of Teton County,
Wy4m~ing, or his age~t, on the
28th 'day 'of ::March, 200~,. at
10:00 o clock a.m:,:at the front
door df: .~he: Lincoln" County
CourthOuse,',9'25 sage Avenue',
Kemm~e'r,'. Lin~0ln County,
wyom'ing',i' Tibet t0ta]: ':amdunt
! due a~: th~t.:'time Wiil ~be'$
Publish: Ma~Ch 6,'13i 20 and
FORECLOSURE SALE NOTICE
NOtice is hereby given that on the 27th day of June, 2002, C. Christilne Marce'y,
Trustee of the Houston Triangle Living Trust U/A/D September 24, 1994 as Mortgagor
executed a Mortgage, in favor of Gerald W. Day and Gloria J. Day, as Mortgagee, which
Mortgage was recorded on the 28th day of June, 2002, in Book 493 of Photo,i page 406 as
Document No. 882193 in the Office of County Clerk of Lincoln County, i Wyoming,
mortgaging the following described real property located in Lincoln Count~, Wyoming
Lot 103 of Star Valley Ranch Plat 21, Lincoln County, Wyoming, as described on
the official plat thereof.
Said Mortgage secures payment of a promissory note executed on the, 27th day of
June, 2002, in. favOr of Gerald W. Day and Gloria J. Day in the original ~amount of
$88,000.00. The maker of said note is in default having not made monthly payments
due thereunder, and thus a default in the requirements and .. 1
con&t~ons of said
Mortgage has become operative. The amount due and owing on the date of the first
publication of this notice of sale is $ 90,940.00 including late fees and attorney's fees and
costs. Gerald W. Day and Gloria J. Day elected to declare the entire unpaid balance of
the Mortgage debt due and payable and to exercise the power to foreclose said Mortgage
by advertisement and sale as provided for in the Mortgage. No suit or prokeeding has
been instituted at law to recover the debt now remaining secured by said Mortgage or
any part thereof. The mortgage holder gave notice of not less than ten (10i days from
the date of said notice to C. Christine Marce'y, Trustee of the Houston Triangle Living
Trust U/A/D September 24, 1994 by certified mail, return receipt requesited, as the
record owners and persons entitled to possession of said mortgaged proPerty of the
intent of the mortgagees to commence foreclosure of said Mortgage by adOertisement
and sale. .
Pursuant to said Mortgage and the Wyoming statutes, said Mortgage will be
foreclosed and the above-described mortgage premises will be sold at publiO auction to
the highest bidder for cash, by the Sheriff of Teton County, Wyoming, or his agent, on
the 28th day of March, 2003, at 10:00 o'clock a.m., at the front door of the Lincoln
County Courthouse, 925 Sage Avenue, Kemmerer, Lincoln County, Wyon~ing. The
total amount due at that time will be $ 90,940.00.
Publish: March 6, 13, 20 and 27, 2003.
ATTORNEY'S AFFIDAVIT IN FORECLOSURE
424
Paul E. D'Amours, being first duly sworn upon oath, deposes and saysi:
1. The property owner, C. Christine Marce'y Trustee of the Houston Triangle
Living Trust U/A/D September 24, 1994, failed to pay the mortgage amountl to the mortgage
holder, (mortgagee) Gerald W. Day and Gloria J. Day, which mortgage was recorded on June
28, 2002 in'Book 493, page 406 in the Office of the Lincoln County Clerk in Kemmerer,
Wyoming.
2. The mortgagor, C. Christine Marce'y, Trustee of the Houston Triangle Living
Trust, was notified by Certified Mail on February 19, 2003 by a letter entitled Notice of
Acceleration of Debt and Intent to Foreclose by Advertisement and Sale addressed to C.
Christine Marce'y, Trustee, HoUston Triangle Living Trust, P.O. Box 1147, Thayne, WY 83127,
which was more than ten days prior to commencement of publication of thei Foreclosure Sale
Notice.,'
3. The property which is the.subject matter of this foreclosure ii Lot 103 of Star
Valley Ranch~. Plat 21, Lincoln County, Wyoming, as described on the official plat thereof.
4. Affiant is an attorney admitted generally to practice law in the S~ate of Wyoming
and represents the mortgagee. There has been and is no agreement, express or implied,
between Affiant and the mortgagee, or any other person for any sharing o~ division of the
attorney's fee to be allowed or added to the debt involved and said attOrney's fee shall be only
as compensation for services actually rendered in the foreclosure proceedingi by Affiant. The
amount of attorney fees charged for this foreclosUre is $1,500.00.
amended.
This Affidavit is made in compliance with §34-4-112, Wyoming
Statutes, 1977 as
DATED this
STATE OF WYOMING
COUNTY OF TETON
__ day of March, 2003.
Paul E. D'Amours
Hess & Carlman, LLC
P O Box 449
Jackson, WY 83001
733-7881 phone
733-7882 fax
The foregoing instrument was subscribed and sworn to before, me by Paul E.
D'Amours on the Z?'~ day of March, 2003 who does verify that the foregoing statements
are true and correct to the best of his knowledge. I
WITNESS my hand and offidal seal. ,---- ~~~57d,~. (/"7~~'
~ry Public'
~~TT~ My commission expires: :~'~ t. = ~
,~ COtlrlty of ~!"~:'!15;:t State of ~
SHERIFF'S AFFIDAVIT IN FORECLOSURE
STATE OF WYOMING )
)
COUNTY OF LINCOLN )
425
, Deputy Sheriff of Lincoln County, Wyoming,
being first duly sworn, certify that on March 28, 2003, I acted as auctioneer and sold the real
property described as Lot 103 of Star Valley Ranch Plat 21 under a mortgage filed in the
Office of the Lincoln County Clerk on 'June 28, 2002 in Book 493, page 406.
I further certify that Notice of Sale was given by publishing the same for four (4)
consecutive weeks, at least once each week, prior to March 28, 2003, in the Star Valley
Independent, a newspaper of general circulation printed and published in Lincoln County,
Wyoming, all of which is more fully shown by the Affidavit Of Publication hereto
attached.
I further certify that said Notice, as so printed and published, specified:
1. The name of the property owner and the mortgagee;
2. The date of the mortgagee and the date and place where recorded;
3. The amounts claimed to be due thereon at the date of the Notice;
4. The description of the mortgaged premises conforming to that ~n which the
was placed; and
5. The time and place of sale;
all of which is more fully shown in the Copy ofF~orec~osure' Sale ,,Tz~ot~ce,L. attached~ hereto.
I further certify, based upon the Attorney's Affidavit in Foreclosure, thiat default has
been made in the payment of the principal and interest due on the mortgage; that the
mortgage foreclosure sale was made pursuant to the laws of the State of Wyoming.
I further Certify that said sale was held at public venue at the hour of 10:00 o'clock in
the morning on March 28, 2003 at the front door of the Lincoln CountyI Courthouse,
Kemmerer, Wyoming, at the time and place specified in the published Notice of said sale.
I further, certify'that at said sale the real property described hereinabove was
purchased by!Gerald W. Day and Gloria J. Day for the sum of Ninety ThOusand Nine
Hundred Forty Dollars ($90,940.00).and that said party made the aforesaid bi!d at said sale
and that said sum was the highest amount bid at said sale.
I further certify that I issued and delivered to said purchaser a certificate showing
that I sold and the said purchaser bought said property at said sale and shall be entitled to a
Sheriff's Deed in accordance with law, subject only to the rights of those entitled to redeem
under the applicable law.
426
I further certify that said sale was in all respects conducted openly an~ fairly and that
the purchase price received therefor was the highest price that could be obtained for said
STATE OF WYOMING )
)
COUNTY OF LINCOLN )
The foregoing ins[rument was acknowlecL~ed,, subscribed and sw°rr to before me
~ day of ~i~,2003lt, u~ by ~~,~ (~'~ I~bC~ , Deputy Sheriff.
WITNESS my han~and official seal.
this