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RECEIVED
LINCOLN COUNTY CLERK
'>" SHERIFF' S CER~°I~F PURCHASE 03,J',N, 8
3'~4PR PAGE 3 2 3 AT FORE~LO-S~Ii, E'SALE
Ir- ~ ~'dt'~-- ~' r,
I, Lee Gardner, Sheriff of Lincoln County, State of Wyoming, do hereby certify, pursuant
to the terms and conditions of a certain Moagage Deed (the "Moagage") dated October 10,
1998, given by Ralph Edward Boedeker and Patricia Lee Boedeker, husband and wife, as
mortgagors, to Eugene C. Schi~le and Jeanine M. Schi~le, husband and wife, as mortgagees,
which Mortgage was duly recorded in the Office of the County Clerk of Lincoln County,
Wyoming on October 20, 1998, in Book 419; at Page 711; said Mortgage being subsequently
assigned to Investors Financial Limited Partnership by an Assig~ent of Mortgage Deed dated
November 22, 1999 and recorded on November 24, 1999 in Book 438, at Page 713, in the Office
of the County Clerk of Lincoln County, Wyoming; which Moggage covers the following
described property:
Lot 1 of Haystack No. 1, Lincoln County, Wyoming, as
described on the official plat thereof.
and pursuant to a Notice of Foreclosure Sale which was duly published for a period of four
consecutive weeks on May 15, May 22, May 29 and June 5, 2003 in the Kemmerer Gazette, a
newspaper of general circulation published in Lincoln, County, Wyoming, a copy of which
Notice of Foreclosure Sale is attached hereto and incorporated herein by reference and made a
part of this Certificate of Sale; at the hour of 10:00 a.m. at the kont door of the Lincoln County
Courthouse, 925 Sage Avenue, Kemmerer, Wyoming, I did offer for sale at public vendue to the
highest and best bidder, for cash, the above described lands and premises, and that Investors
Financial Limited Pagnership did bid at said sale the sum of $132,042.42 , which was the
highest and best bid for said prope~y.
That being the highest and best bid I could obtain for said premises by reason of said
Sale, the same was sold to that Investors Financial Limited Partnership for the sum of
$132,042.42 .
I ~her certify that out of the sum so received, the same was applied toward the
discharge of the debt for which the property was sold including the expense of publication of the
Notice of Foreclosure Sate, my fee as officer selling said property and attorneys fees. Attached
hereto and incorporated herein is an Affidavit of an a~orney admiued generally to practice in this
state representing the mortgagee, or its assignee, the party instituting this foreclosure. Also
attached hereto and incorporated herein is an Affidavit reflecting that written notice of intent to
foreclose the mortgage by advertisement and sale sent to the mortgagors and record owners
Certified Mail, return receipt requested.
I ~her certify that unless said premises as so sold are redeemed as provided by
law before four (4) months kom the date of June 9, 2003, the said purchaser, Investors
Financial Limited Partnership, will be entitled to a deed to the same, conveying to it all of
the right, title and interest of the said mortgagors in and to the above-described premises.
In witness whereof, I have hereunto set my hand this __
9th . day of June, 2003.
394
LEE GARDNER, SHERIFF
LINCOLN COUNTY, WYOMING
Deputy Sheriff
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
I, Tina Kruckenberg , a Notary Public in and for the County of Lincoln County,
State of Wyoming, do hereby certify that Steve Dillree , who is personally known to me to
be the person whose name is subscribed to the foregoing Certificate of Purchase and (Deputy)
Sheriff of the County of Lincoln, State of Wyoming, and designated therein as such officer,
appeared before me'this 9th day of June, 2003, in person and acknowledged that he signed,
sealed and delivered said instrument, in writing, as his free and voluntary act as (Deputy) Sheriff
of Lincoln County, State of Wyoming, for the use and purposes therein set forth.
Witness my hand and official seal.
Coun~ ~ ~ State of ~
~S~ncoln o~ Wyoming .J L
Issl Ir~ 10/04/2004
Notary Public
My Commission Expires: 10 - 4 - 04
Page 2
52,5
NOTICE OF FORECLOSURE SALE
WHEREAS, default having occurred on that certain Mortgage Deed (the "Mortgage"),
dated October 10, 1998, given by Ralph Edward Boedeker and Patricia Lee Boedeker, husband
and wife, Mortgagors, to Eugene C. Shinkle and Jeanine M. Shinkle,'husband and wife,
Mortgagees, to secure the payment of a Promissory Note (the "Note") of the same date, which
Mortgage covers the following-described real property:
Lot 1 of Haystack No. 1, Lincoln County, Wyoming, as described
on the official plat thereof.
and which Mortgage was recorded in the records of the office of the County Clerk and ex-officio
Register of Deeds of Lincoln County, State of Wyoming, on October 20, 1998, in Book 419, at
Page 711; and
WHEREAS, the Mortgage, together with the Note secured thereby, have been duly
assigned for value by the Mortgagees to h~vestors Financial Limited Partnership by the
endorsement of such Note and the execution and delivery of an Assignment of Mortgage Deed,
dated November 22, 1999, and recorded in the records of the County Clerk and ex-officio
Register of Deeds in and for Lincoln County; Wyoming, on Novembei- 24, 1999, in Book 438, at
Page 713; and
WHEREAS, the Mortgage contains a power of sale which by reason of said default, the
owner of the Note and the Mortgage declares to have become operative, and no suit or
proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part
thereof; and
WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale
has been sent to the record owner and the party in possession of the mortgaged premises by
certified mail at least ten (10) days prior to the commencement of this publication, and the
amount due upon the Mortgage on the date of first publication of this notice of sale being the
total sum of $129,246.20, plus attorneys' fees, costs expended and accruing interest after the date
of first publication of this Notice of Sale;
NOW, THEREFORE, Notice is hereby given that the above-described real property will
be offered for sale and sold by the Sheriff or Deputy Sheriff of Lincoln County, Wyoming, to the
-1-
highest bidder for cash at public vendue at 10:00 a.m. on Monday, June 9, 2003, at the front door
of the Lincoln County Courthouse, 925 Sage Avenue, Kemmerer, Wyoming. The sale will take
place only if a representative of Investors Financial Limited Partnership, or its agent, is present.
INVESTORS FINANCIAL LIMITED PARTNERSHIP
Rick A. Thompson
Hathaway &Kunz, PC
P.O. Box 1208
Cheyenne, WY 82003-1208
Publish in:
Publish on:
Kemmerer Gazette
May 15, 22, 29 and June 5, 2003
-2-
STATE OF WYOMING
COUNTY OF LARAMI]E
AFFIDAVIT
327
Rick A. Thompson, being first duly sworn upon his oath, deposes and states as follows:
1. That he is an attorney for Investors Financial Limited Partnership, which is the
current holder of that certain real estate mortgage covering real property described as:
Lot 1 of Haystack No. 1, Lincoln County, Wyoming, as described
on the official plat thereof.
which mortgage is dated October 10, 1998, and was executed by Ralph Edward Boedeker and
Patricia Lee Boedeker, husband and wife, as mortgagors, to Eugene C. Shinkle and Jeanine M.
Shinkle, husband and wife, as mortgagees, which mortgage was duly recorded in the Office of
the County Clerk of Lincoln County, Wyoming on October 20, 1998, in Book 419, at Page 711;
said Mortgage having been subsequently assigned to. Investors Financial Limited Partnership by
an Assignment of Mortgage Deed dated November 22, 1999, and recorded on November 24,
1999, in Book 438, at Page 713, in the Office of the County Clerk of Lincoln County, Wyoming.
2. That a notice of intent to foreclose, a copy of which is attached hereto, was
addressed and sent to Ralph and Patricia Boedeker, the mortgagors, record owners and persons in
possession of the premises covered by said mortgage, by Certified Mail, with return receipt
requested, on the 8th day of April, 2003, at least ten (10) days before the commencement of the
publication of the Notice of Foreclosure Sale.
Further affiant sayeth not.
DATED this of June, 2003.
Rick A. Thompson
STATE OF WYOMING
COUNTY OF LARAMIE
Acknowledged, subscribed and sworn to before me by Rick A. Thompson this
day of June, 2003.
Witness my hand and official seal.
Notary Public
My Commission expires:
FROM IFC
£tmit~d l'arrnersh~
(THU)APR 24 2003
23'24/ST, 23'23/NO. 6300000541
(2(/~) :M5-4846, I;a~n; ~;t08) 345-8949
1-oil Free; 1-$09-851-46411
328
NOTICE OF INTENT TO FORECLOSE
Promissory Note and Deed Of Trust/Mortgage
April 8, 2003
P 4
Ralph & Patricla Boedeker
P.O. Box 821
Thayna, WY 113127-0821
Re: Loan secured by the property located at 1376 Count Road 120, Than)e, WY 83127
Dear Mr. & Mrs. Boedeker:
There h~ be~m a breach in your Note and Deed Of Tm~I/Mortgage and IT I~ OUR INTENTION TO
INSTITUTE FORECLOSURE PROCEEDINGS AGAINST THE'PROPERTY CAPTIONED IN
TtILq NOTICE. The following constitutes said breach:
1. Failure to pay 02/10/03, payment of $ 996.80
2. Failure to pay 03/10/03, payment of $ 999.60
3. Failtu~ to pay accrued service fees $ 122.09
TOTAL DUE $ 2,120.49
PLEASE NOTE: IF THE AMOUblT RECEIVED IS blOT THE TOTAL AMOUNT DUE,
YOUR FUNDS WILL BE RETURNEDI ONLY CERTHrIED FUblDS
WILL BE ACCEPTED. (i.e. caahier'a check or money order)
In order to cure this.dcfnull, you must remit by April 23~ 3003 in CERTIFIED FUblDS the amount of
$2~120.4~ plus any additional sums that may beoome due atL-r the date of~his notice.
Failure to cur~ such. breach on or before the date specified may result in our Company declaring ALL TH]5
SUMS secured by this D~ui of Tmst/M6rtgage immediately due and payable without furth~ demand and
may invoke the power of sale and any o~hcr remedies l~mitmd by applicable law. The Deed of
TruzffMortgage al~o ~tate, ~at wa nhail be entitled to co]l~ ~1 reasonable cos'ts and exp~nses incurred in
pursuing the remedies, but not limited t~ reasonable attorney's fees. Borrower shall have the right to
reinstate after acceleration and the right to bring a court action to aasert the non-existence of a default or
any other dcfena¢ of the Bonower to acceleration and sale.
IF IT IS YOUR INTEblTION TO CURE TI~ BREACH AND RETAIN' THIS PROPERTY, WE
URGE YOU TO CALL US OR SET UP AN APrOINTMEblT TO COlVIE TO OUR OFFICE TO
DISCUSS THE REASON(S} FOR YOUR DEFAULT.
As required by law, you are hereby notified that a negative credil report reflecting on your credit record
may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligation.
If you cure your Default by thc Last Date For Acceptance to Cure, you may continue with the repayment of
your loan in accordan~ with thc agreem~¢s terms ~md conditim~.
Sincerely,
Mary Lou Tate
Portfolio Manager
IFC0235
7002
,
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2410 0003 4340 1650
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(THU)APR 24 2003 23
24/ST, 23 23/N0.630000054' P
........ " 329
TI-I~ STATE OF WYOM'ING}
}ss
County of Lincoln }
Donna Kay
PROOF OF PUBLICATIOg
330
Fatberee 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, wns published on the ..t/c~ ~
day of ~/¢r_~ ~ 20 dP.3 and was published in each succeeding week until the
/
week(s). That said newspaper is published weekly, on Thursday of encb week.
s
'and j6a/iin~il
:ment of a
covers
:Ot!'October .20 .19'0
' WHEgEAS; the
Notary Public, Lincoln County, Wyo.
lVly conunission expires on
the llth day of May, 2007
5: ii:~hereas, the
'(~ltl the owner
i~;~tive, and n
!,, ~t secured:
.tisement andsale
sion of the mortgage
the commencement c
L po~ev-:of, sala ~Ohmh=by~rea~on''of
,the M~r/gage g.~i~8..s,!~j~b~ve, become
pg~ses=
)son
~"~' tar Public
o'
' }~ Commisst0n t P
STATE OF WYOMING )
) SSo
COUNTY OF LARAMIE )
AFFIDAVIT
33i
Rick A. Thompson, being first duly sworn upon his oath, deposes and states as follows:
1. That he is an attorney at law admitted to practice in the State of Wyoming, is a
member of the law firm of Hathaway & Kunz, P.C., 2515 Warren Avenue, Suite 500, Cheyenne,
Wyoming 82003, and is a resident of the State of Wyoming.
2. That this Affidavit is filed pursuant to the provisions o f Wyoming Statutes § 34-
4-'112 and has been filed with the Sheriff below named.
3. Hathaway& Kunz, P.C. represents Investors Financial Limited Partnership, the
current holder of that certain real estate mortgage covering real property described as:
Lot 1 of Haystack No. 1, Lincoln County, Wyoming, as described
on the official plat thereof.
which mortgage is dated October 10, 1998 and was executed by Ralph Edward Boedeker and
Patricia Lee Boedeker, husband and wife, as mortgagors, to Eugene C. Schinkle and Jeanine M.
Shinkle, husband and wife, as mortgagees, which mortgage was duly recorded in the Office of
the County Clerk of Lincoln County, Wyoming on October 20, 1998, in Book 419; at Page 711;
said Mortgage having been subsequently assigned to Investors Financial Limited Partnership by
an Assignment of Mortgage Deed dated November 22, 1999 and recorded on November 24,
1999 in Book 438, at Page 713, in the Office of the County Clerk of Lincoln County, Wyoming.
4. That default has been made in the payment of said mortgage and that the current
holder of the mortgage has proceeded to foreclose said mortgage under the power of sale therein
contained.
5. That under the terms of said mortgage the mortgagee is entitled to recover an
attorney's fee and that a reasonable attorney's fee in this case is the sum of $1,785.00.
6. There has not been and is no agreement, express or implied between Investors
Financial Limited Partnership and its attorneys in this matter, nor between the said attorneys and
any other person for sharing or division of the attorney's fees as allowed by said mortgage and as
added to the debt therein involved.
7. The attorney's fee as allowed by said mortgage represents compensation for
services actually rendered in the foreclosure proceedings by the affiant.
Further affiant sayeth not.
DATED this June, 2003.
Rick A. Tho~npson / -
Acknowledged, subscribed and sworn to before me by Rick A. Thompson on June
,2003.
seal.
Notary Public