HomeMy WebLinkAbout878131 ~ ~ ~ ~I~TIFICATE OF SAL,E
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
Lee Gardner, of lawful age, being first duly sworn upon his oath,
states and ceAifies as follows'.
1' That he is the duly elected and acting Sheriff in and for
Lincoln ' County, State of Wyoming, and makes this Ce~ificate of Sale in his
capacity as such.
.2. That a default has occurred under the terms of (a) that
cehain promissory note dated July 2, 1996, executed and delivered by Jon K.
Slovernick and Barbara L. Slovernick, husband and wife to Great Western Thrift
and Loan and (b) that ce~ain moAgage dated July 2, 1996 (the "Mo~qa~e"),
securing said note, which Modgage was executed and delivered by modgagors,
named Jori K. Slovernick and Barbara L. Slovernick, husband and wife, to
moAgagee, named Great Western Thrift and Loan, and was recorded on July 9,
1996, in Book 385 PR at Page 311, 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 Modgage covers that cedain real properly described below,
as follows, to-wit:
Lots 3 and 4 of Block 51 of the Second Addition to th~
Town of Kemmerer, Lincoln County, Wyoming as.
described on the offiCial plat thereof with an address
of 1010 Cedar Avenue, Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtures and appuAenances thereto.
3. That the M0dgage, together with the note secured thereby,
were assigned for value by Great Western Thri~ and Loan to standard Federal
Bank by that ceAain assignment of moAgage dated July 8, 1996, and recorded
on July 11, 1996, in Book 385 PR at Page 434, 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 Standard' Federal Bank to Chase
MoAgage Company - West f/~a Mellon Modgage Company by an assignment of
modgage dated March 15, 1997, and recorded November 10, 1997 in Book 404
PR ~'at Page 10 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 Modgage, or any pad thereof.
5. T~at the power of sale contained in the MoAgage having
been made operative by reason of such default, Chase Mo~gage Company -
West eiected to foreclose the same and at the request and direction of Chase
MoAgage company - West, a written notice of the intention to foreclose the
MoAgage Was se~ed upon the record owner and the paAy in possession of said
r~l propeAy 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 b~ this reference made a paA hereof.
6. That Chase Modgage Company - West has caused
publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a
Ce~ificate of Sale
Slovemick 21309-457 [01-10-4004]
Page 1 of 8
newspaper published and having general circulation in Lincoln County, State of
Wyoming, once a week for four (4) consecutive weeks, commencing with the
November 29, 2001 issue of said newspaper and ending with the December 20,
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 21, 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
$25,597.47, which was bid and offered by Chase Mortgage Company - West 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 Chase Mortgage Company - West, for the
sum of $25,597.47; 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 $600.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Chase Mortgage Company - West, 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 conformity with the requirements of the Wyoming
Statutes.
10. That said Chase Mortga.qe Company - West 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 bfter December 21,
2001, the date of the sale, unless the property shall have been redeemed as
provided by law prior to that time.
DATED at Kemmerer, Lincoln County, State of Wyoming, this
21g't 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
, Slovernick 21309-457 [01-10-,4004]
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ACKNOWLEDGMENT
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by ~,andy Na~:,' ,
Deputy Sheriff of Lincoln County, State of Wyoming, this zlst day of
~, 2001.
Witness my hand and official seal.
I . . ~/,;,
My Commission Expires:
Certificate of Sale
SIovernick 21309-457 [01-10-4004]
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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 mortgagee of record, Chase
Mortgage Company - West in a procedure to foreclose a certain real estate
mortgage dated July 2, 1996 (the "Mort_qa~e"), and recorded on July 9, 1996, in
Book 385 PR at Page 311 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
Jon K. Sl°vernick and Barbara L. Slovernick, husband and wife, are the named
mortgagors, and Great Western Thrift and Loan is the named mortgagee, which
mortgage was assigned for value by Great Western Thrift and Loan to Standard
Federal Bank by an assignment of mortgage dated July 8, 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 July 11, 1996, in BOok 385 PR at
Page 434; and again assigned by Standard Federal Bank to Ch'ase Mortgage
Company - West f/k/a Mellon Mortgage Company by an assignment"of mortgage
dated March 15, 1997-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 10, 1997, in Book 404 PR at Page 10 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. 7001 0320 0003 3938 4481 CERTIFIED MAIL NO. 7001 0320 0003 3938 4474
Jori K. Slovernick Barbara L. Slovernick ...
1010 Cedar Avenue 1010 Cedar Avenue
Kemmerer, WY 83101 Kemmerer, WY 83101
CERTIFIED MAIL NO. 7001 0320 0003 3938 4450
Occupant
1010 Cedar Avenue
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 13, 2001, and the date of the first publication of the
notice of foreclosure sale was November 29, 2001
Certificate of Sale
Slovernick 21309-457 [01-10-4004]
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7,9.0
FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~,my presence and sworn to before me by P. Jaye
Rippleythis '~ day of ~)..~..~..~4~2001.
Witness my hand and official seal.
My Commission Expires:
Certificate of Sale
Slovernick 21309-457 [01-10-4004]
Page 5 of 8
EXHIBIT B
PUBLISHER'S AFFIDAVIT
"':: ' :'PRo0'F OF :.PUBLICATION..
·
]'lll,] SI All. ()1" WY()MIN( ess; , Copy of Nolicc
Couul. y of 1,iht:Mn . i-
~5~)/,,, A.d , FORECLOSURE SALE NOrHCE
· ., ............ ~ , WHEREAS, default in the payment of principal and interest has occurred nnder the
~&~'~ /~-~ffirst (luly~/ff~?~x'm'n terms ora pronfissory n&e (tbe"Note")daled July 2~ 1996, executed anddcli~ered by
deposes and says th:L[,,~d~ is Jori K. Slovernick and Barbara L. Slovernick, husband and wife, lo Great Western
~ /~/, Thrift and Loan, and a real estate mortgage (the "Mortgage")nf the same dine securing
~",.....~,./ of The 1( IgM M I:;R IeR the Note, which Morlgage was executed and delivered by Mortgagors, named Jori K.
G AZIgT'I'~, a ,newspaper of Slovernick and Barbara L. Slovernick, husband 9nd wife, to Mortgagee, named Great
Western Thrift and Loan, and which Mortgage Was recorded on ]uly 9, 1996, in Book
gener,',l circulation, pulfiishcd at
385 PR at Page 31 I in the records of the. office of the County Clerk and ex-officio
Kommerar, Lincoln C,mnl y, in Register of Deeds in and for Lincoln County, State of Wyoming; aud
tho State of Wyoming. WHEREAS, the Morlgage was assigned l~r value by Great Weslcrn Thrift and
Loan to Standard Federal Bank by an instrument of assignment of mortgage signed ami
That the notice, a It'oe copy of acknowledged on July 8, 1996, and recorded on July 11, 1996, inBook 385 PRalPage
which is hereto attached, w,m 434 in the records of ihe office of the County Clerk and ex-officio Register of Deeds
; O~ in and tbr Lincoln County, Stale of Wyoming; was then assigned by Standard F'cderal
I)ublished on the.~..7~ .(lay Bank Io Chase Mortgage Company - West f/k/a Mellon Morlgage Company by an
~~ instrmnent of assignmenl of mortgage signed and acknowleagcd on March t5, 1997,
Of . ; ..... , ~f~O/ a nd and recorded on November 10, 1997, in Book 404 PR al Page 10 in the records of the
was published in each suc(:ee(I- officeoffl~eCounlyClerkandex-officioRegisterofDeedgin{mdforLincoh)County,
State of Wyoming; and
lng xxmel( u ntil the .. ~ . day WHERE~S, the Mortgagecontains a powerofsale which by reason of said default,
~, ' fl~'e owner of the Note and the Mortgagedeclares to have become operative, and no suit
of ,~:k~.~5~._~ ~0./. or prodeeding has been instituted at law to recover the debt secured by Ihe Mortgage
t or any parl thereof, nor has any such suit or proceeding been instituted and the same
being a period of ~ discontinued; and
.... WHEREAS, written notice of intent to foreclose the Mortgage by advertisement
successive weeks. That said anti sale has been served 'upon Ihe record owner and ihe party in possession of the
newspaper is published wec'.:ly, :mortgaged premises at least len (10) days prior to the commencement et lhis
on ~ursday of ea¢[~ week. publicahon, and the amount due upon the Morlgage on the dale of first publication of
~:~,_,_~ .... · ~~_ thisnodceol'salcbein~lhetotalsumof$2~.O29, l],whichsm~consisisofflmunpaid
~¢¢4_ .. principal balance 0f$22,812.16, phis inleresl accrued to the date of the first publication
of this notice in the amount of $739.43, plus late charges in the amount of $68.52, plus
-- other outslanding charges in the'amounl of $9.00, plus atlomeys' IEes, costs expended,
· and accruing interest and late charges after the date of first publication of dfis nolice
Subscribed and sworn Lo be- of sale;
NOW, THEREFORE Chase Mortgage Company - West as the owuer of thc Note
fo~., me, the.~]~ ~ day of and the Mortgage, will have the Mortgage foreclosed as by law provided by cansing
..~~x~; ...... ~..,--/ ~.O~ 'and for Lincoln County, Wyomingtothehighestbidderforcashat 10:00o'clockinthe
~r~?1 -4~ ~y) ~~ff.~, forenoon on December 21,2001, at the front door of the Lincoln County Courthouse
Notn~ ~ublic~ Llnc~ Co.. Wyo in Kemmerer, Lincoln County, Wyoming, for application on' the above-described
amounts securedby the Mortgage, said morlgaged p~:bperty being described as follows,
My commiss3o.9 expires the to-wit:
~.~day of' [/~ ~ ?~?~' 5~ ) ~ ~' Lots 3 and 4 of Block 51 ofthe Second Addition to theTown of Kemmerer, Lincoln
.... Connty, Wyoming as described on the official plat thereof with an address of 1010
Cedar Avenue, Kemmerer, WY 83101
Together wifil all {¢provements thereon situate and all fixtures and appurl¢nances
t' the~to.
Chase Mortgage Company - West
By: P. laye Rippley
Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
. Caspe ', Wygrning 82601
Nov. 29-Dec. 6-13-20 ~29G
Certificate of Sale
SIovernick 21309-457 [01-10-4004]
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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, Chase
Mortgage Company - West in a procedure to foreclose a certain real estate
mortgage dated July 2, 1996 (the "Mort_qage"), and recorded on July 9, 1996, in
Book 385 PR at Page 311 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
Jori K. Slovernick and Barbara L. Slovernick, .husband and wife, are the named
mortgagors, and Great Western Thrift and Loan is the named mortgagee, which
mortgage was assigned for value by Great Western Thrift and Loan to Standard
Federal Bank by an assignment of mortgage dated July 8, 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 July 11, 1996, in Book 385 PR at
Page 434; and again assigned by Standard Federal Bank to Chase Mortgage
Company - West f/k/a Mellon Mortgage Company by an assignment of mortgage
dated March 15, 1997 and recorded in the records of the office of the County
Clerk and ex-officio Register of Deeds in and for Lincoln Cobnty, State of
Wyoming, on November 10, 1997, in Book 404 PR at Page 10 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. Thai Brown, Drew & Massey, LLP, as attorneys for said
mortgagee, will charge said mortgagee fees totaling $600.00 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.
Certificate of Sale
Slovemick 21309~457 [01-10-4004]
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0~?~1~1 7 9 3
FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed~i~ my presence and sworn to before me by P. Jaye Rippley
this l~ day of~2001 ~
Witness my hand an~fficial seal.
Nota'~7-P"u-blic - - (.j ....
Certificate of Sale
Slovernick 21309-457 [01:10-4004]
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