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HomeMy WebLinkAbout89221589221S REOE'IVED LINCOLN COUNTY CLERK 03 AUG -5 PI'! I,.?,' O I THIS CERTiFICATE OF SALE is made this 5th day of Auqust , 2003 by , Sheriff of Lincoln County, Wyoming and delii)ered to lhe United States of ^merica~ acting through Rural Housing Service, United States Department of Agriculture as purchasers. WHEREAS, a mortgage was executed by Jambs T. Forgey and Darla K. Forgey, m favor of the United States of America, acting tlu'ough the Fm-mers Home Administration, United States Department of Agriculture, dated December 19, 1986, filed for record December 19, .1986, in Book 245PR at Page 728, Document No 666376, records o£Lincoln County, Wyoming, covering the following property: A portion of Lot 2 of Block 9 of the Lincoln Heights 4''~ SubdivJs,,on to tire City of Ken, meter. Lincoln County, Wyoming, being more particularly described as follows: Beginning a.t the NW comer of said Lot 2, Block 9 of said said comer being on the Northerly line of said subdivision, thence South 168.30 feet along the Westerly line of said Lot 2 to the SW comer of said Lot 2, said comer being on the Northerly line of Garnet Street, thence Southeasteriy along an arc ora cm~,e to the right 53.03 feet, said crowe having a radius of 38965 feet and a central angle of 7 degrees 4'7 minutes 54 seconds, thence North 182.6g feet poi.n.r on the Northerly line of said Lincoln Heights 4th Subdivimon, thence West 51.00 feet along the Northerly line of said subdivision to the point of beginning. V~-IER_EAS. default in the provisions of said mortgage has been declared; 'and WHEREAS, Rural Developlnent, acting on behalf of the Rural Housing Service, as successor in interest to the Farmers Home Adlninistration has notified the mo~xgagors and the owners of the mortgaged land and all persons in possession of ~ts intention to foreclose the said mortgage by advertisement and sale m~der the terms of said mortgage and pursuant to Wyoming Statutes 34-4-101, et seq, as shoxm~ by the Affidavit of Mailina Notice of b2tent to Foreclose by Advertisement and Sale attached hereto; and WHE1LEAS, notice of the foreclosure sale was duly published in a newspaper of general circulation in said County for four consecutive weeks, as shown by the Affidavit of Publication which is attached hereto; and WHEREAS, the amount due to the United States of America, under said mortgage as of the date of sale, including principal, interest, expenses of sale and attorney's fees amounted to $40,800.00 , and WHEREAS, said property was offered for sale to the highest and best bidder by me at the front door of the Lincoln County Courthouse on August 5 ,2003, at lO A..m.; and ~qrHEREAS, the h/ghest 'bid received for' the property was in the mnoUnt of $40,800.00 andwasmadeby Susan M. Mizner, Rural Development Specialist, acting for the United States of America, acting through Rural Housing Service, United States Department of Agriculture . NOW THEREFORE, by vi~ue of the laws of the State of Wyoming, I hereby ~'ant unto The United States of America, acti'ng through the Rural Housing Service, United States Development of Agriculture. this Shefif1~s Ceaificate of Sale covering the above described property. The said purchaser shall be entitled to a SherifPs Deed for the property at the expiration of all periods of redemption unless the proPerty'iis redeemed prior to that date as provided by law. 56,1 IN WITNESS WHEREOF, I have si~m~ed this Sheriffs Certificate of Sale this 5th day of Auqust : 2003. Sheriff of Lincoln County, State c f l~Vyoming Deputy STATE OF WYOMING ) ) SS. County of Lincoln ) The above and foregoing SherifPs Certificate of SAle was subscribed, '~swom to alkd acknowledged (efore me this ~ day of ~lh~,L~/~% ~03,.by WITNESS myhand and official seal. Comssionaoires ~ ~ Notal~ Public My Commission Expires: 565 THE STATE OF WYOMING} }ss County of Lincoln } PROOF OF PUBLICATION Kay Fatheree first duly sworn deposes and says that she is an employee of the KEMMERER GAZETTE, a newspaper of general circulation, published at Kemmerer, Lincoln County, in the State of Wyoming. That the notice, a true copy of which is hereto attached was published on t'he ~Y'6[ ,2003 and was published in each succeeding week until thoz/t~ dayof~QzT/~''~)t)l~ day of. C.~ CJ[~ , 2003 being a period of ~dl~J~ successive) week(s). That said newspaper is published week on Thm'sday of each week. Subscribed and sworn to before me, the N.p;TICE OE,MORT~$. ~O~OSURE P~Ouce Is hereby' ~i;gsti':'~' .': ::" ~' '~ .: ~"~ ' ' '.~::::. '. ~ 7 .' :7: '" .... · Thgt; ~efault has'.0ccmed in~the~odnatdoas-bf'a :moaaaa~ execated' a~ T.':Forgey and D~la K Foe "& ~':{~'fa~' ~f ;h~: ~ ?a;~2'A ~,~ av cnng through the Farm~;;~'::~O~'d~n:i.St~tion~:;:~hited States' DeS~tm~ ' ' ' ' ,' .~;~ ~ ' ;:.,' ' [~'i ' ~;g" , .;.';:, ' .. :. ' -- t f~fnJture, dated Dec¢~beq;~;~8~}fii~O.for rCqord.December 19; 19~ } B00[ 24SPR at P~ge 7287Ddd6~a~(N6.~$86~77g~'?eedrds of'Linoart Vyoming' ' '. "" · - That pursuant tO'the provisio~s :of said mo~aaae and the ~romisso~ :h~Si ~cured thereby,.the..Ufiited States'0f~med~a hhs~deel~ed a'nd does h'~r'~: eclar6 the efitire:;degt se'~ured.b~'.said-'~0a}ag~{s): dUd'~h:8 ~ayable; . ~ ~a[ 9o ~c~,.on :q(Pm~eediqgg~¢h,inst~}a{ed.:hf_hw 0r otherw~g~ .co~er the oeOt secure~ by sa!~ mO~gage~or, a'hy 'part thereof and that fetuses secured b sam mo~ a" d's and '~: ·" · · .' · y g g,~ ( ) heremafter described were'and sed hnd occupied as one parcel'; ' That: there is due and claimed to be due on the date of this notice unon ote~ee~red b~ s~id mo.gage, inclu'diag~nterest and all subsidies gra~ ~e aate nereoI, the Sum of' $55,943.53 '(F~Y.F~E THOUS~D .U~RED FORTY-THeE DOLLARS ~ H~Y-TH~E CENTS That pursuant to the power of sale contained in said mortgage and pu'r~ ~t tothe provisions of. Wyomiffg:?Statutes 34c4-1'01, ,et seq., the s~<~ ~o~gage(7) will be foreclosed and the lands 'd~scfibed therein and a~ ,ws, to w~t: A ' ~e, .p°rtmn of Lot 2 of Block. 9 of the Lincoln Heights' 4th Subdivision .~}ty of Kemmerer, Lmc01n County, Wyoming being more ~a~ cfll~t~ :~p~e~ as follows:.~ ~eginnjng at the NW comer of said Lot 2 'Block :~ ua',su~aivision, said Comer bein'g on'the. No~herly line 0f said subdivi~iG~ ~9e Sou~h 168.30 feet $!png the Westerly line of said L0i '2 to the' S~ }r~r of said Lot 2, said comer being on the NortherlY line of Garnet :e~9. Sout~easterly along an arc of ;curve t0 the right53.03 feet, s~'~,~ iy~g a ramus of 389,65 feet and a central an~le of 7 decrees 47 mi nute~ :conds, thence North 182.68 feet to a point on the No~herly line of s~ {~d~in Heights 4th Subdivision thence ~est51 00 feet alon the :t~: . . g No.hefted. ~e. of said subdivision to the point of ~eginning. ¢;~d! be gold by the Sheriff of Lincoln Coun~ ~yomin-' at nublie'a,~ ,~;~t0 ~e highest b,dder on the 5th day of August~ 2003 at 1~ 00~.m., at tl~ ~nt door of the Cou~house in Kemmerer, Lincoln County, Wyoming, ~ ~'the debts then secured by said To.gage taxes on said'premises and t~ sts and disbursements allowed by law, subject to redemption as provid~- 'law ,r~*~ Dated this 12th day of June, 2003 UNITED STATES OF AMERI~ Uy: susan M Rural Development Special[~ Rural Developm~/ Actin~ on behalf o5 ~e Rural Housing Servi~ As successor :n interest to the Farmers Home Adminis~ati~ - U.S. Depaament of Agricultff~-] Office located-~ 625 Washington Ave., P.O. Box 1~¢~ y 3-10-17-24 Afton, WY 83110-01~ 0703~ Kathleen Rosas Notary Public, Lincoln County, Wyoming My Commission Expires on 3/9/2005 AFFIDAVIT OF MAILING NOTICE OF INTENT TO FORECLOSE BY ADVERTISEMENT AND SALE STATE OF WYOMING ) ) County of Lincoln ) Linda Ziegler (RDM), after being duly sworn upon oath, deposes and states as follows: 1. Affiant is the Community Development Manager of Sublette County, Wyoming, Rural Development, acting on behalf of the Rural Housing Service, as successor in interest to the Farmers Home Administration, which office is at 625 Washington Street, Suite B, PO BOX 190, Afton, Wyoming. ' 2. That default has occurred in the conditions of a mortgage executed by James T. Forgey and Darla K. Forgey, in favor of the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, dated December 19, 1986, filed for record December 19, 1986, in Book 245PR at Page 728, Document No. 66376, records of Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt remaining secured by such mortgage. · 4. That on June 12, 2003, Affiant mailed a Notice of Intent to Foreclose by Advertisement and Sale, a copy of which is attached hereto, to all persons and entities shown thereon. 567 5. That said mailing was accomplished at least 10 days before publication of the Notice · of Sale Commenced June 27, 2003. 6. That' said Notice of Intent to Foreclose by Advertisement and Sale was mailed by Certified Mail, postage prepaid. Attached hereto are copies of the Certified Mail receipts. 7. That the NOtice of Intent to Foreclose by Advertisement and Sale was received by each of the parties shown in paragraph 4 above or were returned as undeliverable as evidenced by the attached copies of receipts and/or envelopes. Dated this 12th day of June, 2003. 568 STATE OF WYOMING County of Lincoln The above and foregoing Affidavit of Mailing of Notice of Intent to Foreclose by Advertisement and Sale was subscribed, sworn to and acknowledged before be this 12th day of June, 2003, by Linda L. Ziegler, Rural Development Manager. WITNESS my hand and official seal. y Commission Ex~~~res February 7, 200~_~~ ~y Co~[ssio~ Expkcs: / Notary Pub(LO USDA United States Department of Agriculture Rural Development P.O. dox 190 Alton, WY 83110 ITY/TDD (307) 261-6:}'3~31.D~.~.-~ 41 r-' FAX (307) PHONE (307) 886-9001, ext. 4 569 TO: CERTIFIED IV~II_, NOTICE OF INTENT TO FORECLOSE BY ADVERTISEMENT AND SALE Ail mortgagors, title holders of record, persons in possession, junior lienholders of record, as follows: James T. Forgey [~O Box 121 Keystone, SD 57751 Darla K. Forge}' PO Box 121 K%,stone, SD 57751 J:m-~es T. Forgey PO Box 301 Diamondvilie, WY 83 ] 16 .?ames T. Forgey 1801 A. Garnet Street Kemmerer, WY 83101 Darla K. Forgey PO Box 301 Diamoi~dville, WY 83116 Darla K. Forgey 1801 A Garnet Street Kemmerer, WY 83101 Occupant .1801 A. Garnet Street Kenmaerer, WY 83101 Pursuant to that mortgage executed by James T. Forgey and Darla K. Forgey, in favor of the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, dated December, 19, 1986, filed for record December, 19, 1986, in Book 245PR at Page 728, Document No. 66376, records of Lincoln County, Wyoming, which mortgage secured the note described thereon, YOU ARE HEREBY NOTIFIED: 1. The United States of America,' Rural Development, acting on behalf of the Rural ttousing Service, as successor in interest to the Farmers Home Administration, U~ted States Department of Agriculture, has declared default in said note and mortgage due to: Monetary Default 2. The United States hereby invokes the Power of Sale granted to it in said mortgage and by this letter gives notice of its intent to Foreclose by Advertisement and Sale in accordance with Wyoming Statutes 34-4-101, et seq. Rural Development is an Equal Opportunity Lender. Complaints of discrimination should be sent to: Secretary of Agriculture, Washington, D.C. 20250 3. In the Event the property is sold at public sale under the foregoing cited Statute, all fights, title and interest which you may have in the mortgaged premises will be irrevocably lost unless redemption is made within the period provided by law as follows: a. For mortgagors and/or owners: (1) 3 months, or, (2) for agricultural real estate, 12 months. See Wyoming Statutes 1-18-103 570 bo For other interest holders: (1) 30 days after the mortgagors and/or owners, redemption period expires. See Wyoming Statutes 1-18-104 Dated: SUSAN M. MIZNER c/ Rural Development Specialist Rural Development Acting on behalf of tiae Rural Housing Se~-v'ice, As successor in interest to tl:,e Fanners Home Administration U.S. Department' of Agriculture Office located at 625 Washington Street, Suite B PO Box 190 APron WY 83110-0190 Article Number :'i'"' ',":,'f ........................... ' .............. ..................... . ,~..~. ;.. fr~,~rerf~om~e~,,oeZ~be~ 7002 '2-~17O 0004 3072 09'26 Fo~ 381 1: August 2001 -.~.,:~' >.,:~;~: ~' ~m~t c Retum R~ pt ,--~;~;;~: ' {' -" ' ' 10259~ M 1~{ '~ ~:L;~?.':" ..,~ ~, '~ . ,... ,,.','~,;~.~'~:~:~.::~-',....,. , . ,..,~... ~:zr~.-.'~.~¢,,~",~,~ ';.: · ':-,, ' . . ' 7 · ..-':~:~;:~-;~:,: .... ?,.,';~:.'..; 'c'r:'.:; ' ~:'' ~;`~8~``~¢`~¢.~.?~;?~:;~;.%`;~?~:¢L~;~;;~;`:~`f;~f2~f~;~¢;4;`;.,, Con,~ieto ilems ~, 2 ~nd 3 ~AlSO c¢mp eta i :;~S'.~: I I ~ siOnaturo . ..~..{ S- ..... ~ 'L :" '.-':.~ .,% ,..~ i~em 4 ,f Restric[ed Derive.' is d~'sir~d:' '.::: [ I' _X.~?~.:~..:.~ ?~:~'::~:?'.'-~ ""/:: :' Print your name ~nd addre~fl"tfi~- Fev~rs~ ........I '~~:'::'. ~~.' Q A~dm~-~~ s'o that we can return the card to you.. ~ceived by (P~nted N~e) A~ach this ca~ to the back of the mailpiece D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No ' -' 3. Service Type [] Certified Mail [] Express Mail ..... [] Registered .::~':. [] Return Receipt for Merchandise [] insured Mail ' I ' ~ 0 , 4. Restricted Delivery? (Extra Fee) [] Yes; 2.. AMjcIe Number.: :,: - ' ;=,- · ,_ . . ..,,,..~. ,. ~,.,.;:, I (Tra~Tsfer,from service label) 7002 2030 0004 3072 0983 571 7002 2030 000L '-3072 ~o~ Postage (End°re°merit Required} (Endor~ment Required) . . Sent ~ ~[~ NE.;" ........ Ci~ State ~P ;I OFF C)AL USE ~ ~ ~OJ ~' Pos~ (~mentR~ui~) ~ ' ~ ~4 i~. ~ ~ _nm~ . --' ~'~ '~ ~ ~ ~nn I c~ S~re, . ~ ~ ' r-i rn E] nj OFFICIAL Ceded Fee Retum R~iep, Fee ~ndorsement Required) ~,' Res~ed Defive~ Fee (Endomement Required) ~