HomeMy WebLinkAbout891935 RECEIVED
LINCOLN COUNTY CLERK
STATE OF WYOMING
COUNTY OF LINCOLN
!45
Lee Gardner, of lawful age, being first duly. sworn upon his oath,
states and certifies 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 December 24, 1998, executed and delivered by
Flint Telford and Joann Telford, husband and wife to Wells Fargo Home
Mortgage, Inc. f/k/a Norwest Mortgage, Inc. and (b) that certain mortgage dated
December 24, 1998 (the "Mortqaqe"), securing said note, which Mortgage was
executed and delivered by mortgagors, named Flint Telford and Joann Telford,
husband and wife, to mortgagee, named Wells Fargo Home Mortgage, Inc. f/k/a
Norwest Mortgage, Inc., and was recorded on December 28, 1998, in Book 423
PR at Page 513, 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:
Lots 7 and 8 of Block 50 of the Second Addition to the
Town of Kemmerer, Lincoln County, Wyoming as
described on the official plat thereof with an address
of 1021 Cedar Avenue, Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default~ Wells Fargo Home Mortgage,
Inc. elected to foreclose the same and at the request and direction of Wells
Fargo Home Mortgage, Inc., 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.
5. That Wells Fargo: Home Mortgage, Inc. 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 July
3, 2003 issue of said newspaper and ending with the July 24, 2003 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.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On July 25, 2003, 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
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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
$ 107,884.12 , which was bid and offered by
Wells Fargo Home Mortgage, Inc. 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 Wells Fargo Home MOrtgage, Inc.
for the sum of $ 107,884.12 ; and that the sum bid was thereupon paid
and the sale of said real property was then and there completed as by law
provided.
7. That the sum of $500.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Wells Fargo Home Mortgage, Inc., 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.
8. 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.
9. That said Wells Fargo Home Mortgage, Inc.
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 July 25,
2003, 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
~-h day of July ,2003.
Lee Gardner, Sheriff in and for
Lincoln County,;t~
Print Name: gh.~¢. Wl~t tmnr¢_
Title: Deputy Sheriff
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t}~.~1~3c~ 14 7
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me bY Shawn Whitmore
Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of
July ,2003.
Witness my hand and official seal.
My Commission Expires:
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EXHIBIT A
148
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, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated December 24, 1998 (the "Mortc~aqe"), and recorded on December 28,
1998, in Book 423 PR at Page 513 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 Flint Telford and Joann Telford, husband and wife, are the
named mortgagors, and Wells Fargo Home Mortgage, Inc. f/k/a Norwest
Mortgage, Inc. is the named mortgagee, 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. 7002 2030 0002 9594 6825
Flint Telford
1021 Cedar Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7002 2030 0002 9594 68249
Joann Telford
1021 Cedar Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7002 2030 0002 9594 6863
Flint Telford
123 Barrett Avenue
Evanston, WY 82930
CERTIFIED MAIL NO. 7002 2030 0002 9594 6870
Joann Telford
123 Barrett Avenue
Evanston, WY 82930
CERTIFIED MAIL NO. 7002 2030 0002 9594 6856
Occupant
1021 Cedar Avenue
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 16, 2003, and the date of the first publication of the
notice of foreclosure sale was July 3, 2003.
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149
FURTHER AFFIANT SAYETH NAUGHT.
D~w & Masse~/LLP
of Brown,
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Su~scribed~jq m)' presence and sworn to before me by P. Jaye
Rippley this,~day of(~ ~;~,.~,~ ,2003.
gu
Witness my hand and official sea//~ ~.~./~
Nota'~'Publi~ v- (~
Countyof, ~%, Stateof
Nmtronm ~¢1~ ~ing
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
THE STATE OF WYOMING}
}ss
County of Lincoln }
PROOF OF PUBLICATION
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 publi.~hed on the .~_~ ~d. day
of(~ ~/ , 2003 and was published ia each succeeding week until the day-of
/(~r~/ ,2003 being a period of ~ successive week(s). That said newspaper is
published week on Thursday of each week.
SUbscribed and sworn to before me, the
'-. ?: :; ,,.
executed and
estate
Mortgage.'
corded',
the
day of ~__~_, 20~03. (~' '
Notary Publi~ &incoln County, Wyoming
'
My Commission Expires on
May 11, 2007
;alii'dr'
it ,' t!~e Note;and
~ Mortga~8;
address 9~ i! 021.,
-- :TO
p!Us;~ter-
ad-
interest and
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
15!
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, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated December 24, 1998 (the "Mortqa~e"), and recorded on December 28,
1998, in Book 423 PR at Page 513 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 Flint Telford and Joann Telford, husband and wife, are the
named mortgagors, and Wells Fargo Home Mortgage, Inc. f/k/a Norwest
Mortgage, Inc. is. the named mortgagee, 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 BroWn, Drew & Massey, LLP, as attorneys for said
mortgagee, 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.
FURTHER AFFIANT SAYETH NAUGHT.
of BrSwn, Drew & ~assey, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
S.u~)scribe~in my presence and sworn to before me by P. Jaye Rippley
this ¢z~_-~ day of~r~.z~, 2003. '
hand o~cial seal. '
Not'~ Public 0
PUBLIC
my of. ~ State of
on,= ~ w~,om~g
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