HomeMy WebLinkAbout892174RECEIVED
LINCOLN CO? j[yTY CLERI<
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JAf;lBIER
CERTIFICATE OF SALE "'Ef-,ll)lEf:
STATE OF WYOMING )
) SS. DOOK gRPAfic~
COUNTY OF LINCOLN )
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 May 21, 1999, executed and delivered by Stephen
M. Trosclair and Heather J. Trosclair to U. S. Bank National Association and (b)
that certain mortgage dated May 21, 1999 (the "Mortgage"), securing said note,
which Mortgage was executed and delivered by mortgagors, named Stephen M.
Trosclair and Heather J. Trosclair, to mortgagee, named U. S. Bank National
Association, and was recorded on May 26, 1999, in Book 430 PR at Page 685, 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:
Lot 3 and the South One-Half of Lot 2 of Block 6 of
the Fairview Addition to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official
plat thereof with an address of 1433 First West
Avenue, Kemmerer, WY 83101
J/ Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That the Mortgage, together with the note secured thereby,
were assigned for value by U. S. Bank National Association to Cendant Mortgage
Corporation f/k/a PHH Mortgage Services Corporation ("Mortgagee") by that
certain assignment of mortgage dated June 4, 1999, and recorded on September
14, 1999, in Book 435 PR at Page 702, in the records of the office of the County
Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming.
4. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof. .
5. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Cendant Mortgage Corporation
elected to foreclose the same and at the request and direction of Cendant
Mortgage Corporation, 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.
6. That Cendant Mortgage Corporation 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
August 14, 2003 issue of said newspaper and ending with the September. 4,
2003 issue thereof; that said notice did comply in all respects with the
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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ti
7 9
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 September 5, 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
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
$ 41 , 021.9 , which was bid and offered by
CENDANT MORTGAGE CORPORATION 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 CENDANT MORTGAGE CORPORATION ,
for the sum of $ 41,021.90 ; 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 $500.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Cendant Mortgage Corporation, 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 CENDANT MORTGAGE CORPORATION
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
September 5, 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
5TH day of SEPTEMBER 2003.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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Title: DEPUTY SHERIFF
ACKNOWLEDGMENT ?
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscf-il;l d in m presence and
acknowledged before me by Y ,
Deputy Sheriff of Lincoln County, State o Wyoming, this - day of
I`VI , 2003.
Witness my hand and official seal.
My Commission Expires:
1~fflm
hilit Notary Public
April Brunski - Nota:PLublic
County of Lincoln inb
My Commission Expires
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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731
EXHIBIT A
08~.
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, Cendant
Mortgage Corporation in a procedure to foreclose a certain real estate mortgage
dated May 21, 1999 (the "Mortgage"), and recorded on May 26, 1999, in Book
430 PR at Page 685 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 Stephen
M. Trosclair and Heather J. Trosclair, are the named mortgagors, and U. S. Bank
National Association is the named mortgagee, which mortgage was assigned for
value by U. S. Bank National Association to Cendant Mortgage Corporation f/k/a
PHH Mortgage Services Corporation by an assignment of mortgage dated June
4, 1999 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
September 14, 1999, in Book 435 PR at Page 702 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. 7003 1010 0001 9657 2329
Stephen M. Trosclair
1433 First West Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 2336
Heather J. Trosclair
1433 First West Avenue
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 3104
Stephen M. Trosclair
P.O. Box 1288
Pinedale, WY 82941
CERTIFIED MAIL NO. 7003 1010 0001 9657 3128
Stephen M. Trosclair
2305 SW 251h Drive
Topeka, KS 66611
CERTIFIED MAIL NO. 7003 1010 0001 9657 2336
Heather J. Trosclair
P.O. Box 1288
Pinedale, WY 82941
CERTIFIED MAIL NO. 7003 1010 0001 9657 3135
Heather J. Trosclair
2305 SW 25`h Drive
Topeka, KS 66611
CERTIFIED MAIL NO. 7003 1010 0001 9657 2350
Occupant
1433 First West Avenue
Kemmerer, WY 83101
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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73 2
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 29, 2003, and the date of the first publication of the notice
of foreclosure sale was August 14, 2003.
FURTHER AFFIANT SAYETH NAUGHT.
By:
Jaye R e
of Brown, Drew & Mas , LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed jimy presence and sworn to before me by P. Jaye
Rippley this ~day of 2003.
Witness my hand and official seal.
Notary Public
CINDY BAKER -NOTARY PUBLIC
County of State of
Natron
tiAy Catunission E~Ires Sept. 17, zoos
Certificate of Sale
Trosclair.21309-0741 [03-04-04898]
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733
EXHIBIT B
THE STATE OF WYOMING}
}ss
County of Lincoln }
PROOF OF PUBLICATION
Gib Mathers 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 the
day of , 2003 and was published in each succeeding week until the
y 74/1 day of , 2003 being a period of _A successive
week(s). That said newspaper is published week on Thursday of each week.
Subscribed and sworn to before me, the day of , 2003.
YOLl S. SATE NOTT;
WHEREAS, `default in the payment oftrmctpal'and interest has occurre7l ; Diana Lynn Macklnen
,under the terms of a prQg ~ miiror note the "Note . -Hated May/ 241!
99 ex Notary Public, Lincoln County, Wyoming
U.S. ted and delivered bystephen M` Trosclatr and .I7 ather 1 Trosclatr [o t
e.UBank National Association, and a real estate mortgage (tile "Morta e ~ ~ My Commission Expires on
g g. )
bf the same date securing the Note; which Mortgage was executed and deli'v May 11, 2007
Bred by Mortgagors, named Stephen M Trosclatr and Heather J T{osclatr, td
~1Qrtgagee n~med U S B1nkNatio-,,xl Assoc anon, and which Mgrtgage. ;
,as recorded On May 2C~ 1999rns136ok30'PR`atRa e fi85 in the records of !
g
t
lthe o f f i c e of the County Clerl~ nc Fcx o f f c t tl ~ Register of Deeds in aq records for.
Lincoln ,County; State of,!yomtng^anc~'(
WHEREAS, the Mortgage was assigned for value by U. S. Bank National
Association to Cendant Mortgage Corporation f/k/a PHH Mortgage'Services
Corpdration b. an instrument of assignibent'of mortgage Signed and ~cknowl ;
edged on June 4,1999, 6d'recoMM on Sept`- ng'r 1.4 199.9;'in Book 43,5 PR
i - Page 702 in the records of the office of the County Clerk and ex-gffcio.
f.,.egister of Deeds in and for Lincoln C'ounty,.State of Wyoming; and
WHEREAS,, the Mortgage contains a power of sale which by reason of i
;aid default; the owner of the Note'and thle Mortgage declares to havebecome
Operative, and no sett or pr4~ceedtng has been tr2s[ituted at law to reco4er. the;
debt secured W.; the Mortgage, or any pa there6fi nor.has any`such suit oe0
proceeding beer' instituted :a'nd the same discontinued and 1 -
i WHEREAS', written notice of intent to foie 18's' the Mortgage by advert . 14
1isemenC.and salethas been served upon the~,record-owner-and the party
possession of tN mortgage( premises at leas"i.ten (10) fday8. prior to the com
encement ofiliis publication, and the amount due,upon the Mortgage on the: .-~-.o.•
date of first publication of this notice'of sale being the 'total Win of $113,120 29, Diana Lynn Mackinen - Notary Public.
leh sum consists of the unpaid principal balance of $104 422 42, p'lu alm~
;
~e clued to the date of the first pubheation of this not)ce nahe aril lurk County of State of
f'$3~ rt ~ 'p'lus:late charges in the amount of $715 30 lus'an e. OWN
Lincoln 1 Wyoming
dyance t~nn e",amount of $2;937.24, phis other outstanding charges in the
aclnount of $1651:25, less a suspense balance in the amounk of $18,,96,Iplus My Cor>ltnit5ipn f,ruireS r$_~If=~
gttgrneys' fees, costs expended, audaccrwng interest and late char
ges_offer
the date ofifirstd'puliltca~to~~oltthtis no'hce of'salet~r~
NOW, THEREFORE Cendant Mortgage Corporation as the ownerfthe fvl qte and the . o tgafe wt1l have the Mortgage foreclosed as, by law pro
fled by causing the iAbj19a9edipr6pdi!y4obe gold'at pubhe vendue y the.
heriff or Deputy Sheriff in and for Lmcolp County,
_Wyoming to the hghes4r
~Vyomint;,for application on the al%ove descril
Wrtgage,, said mortgaged' pi opeity tieing de"scr"
Lot 3 and the South One-Half ci Lot,2.o'f Bloi
iiP the Town of Kemmerer, Lincoln County,',W
~~)fficial plat thereof with an address of 1,133 Fir
83101 r ~t
t
Together with all tmproveme is e re M 'Ma
ienance$ thereto ~a a 3 ,~rF~
t
RN
Cer.
159 Nort
Ana~mt ld_71_~R_CP r A
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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attows-TU'Wit- k
ie,Fairview Additio
as described on the
Casper, Wyoming. 8260
EXHIBIT C ?34
AFFIDAVIT OF ATTORNEY N ~ 4
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, Cendant
Mortgage Corporation in a procedure to foreclose a certain real estate mortgage
dated May 21, 1999 (the "Mortgage"), and recorded on May 26, 1999, in Book
430 PR at Page 685 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 Stephen
M. Trosclair and Heather J. Trosclair, are the named mortgagors, and U. S. Bank
National Association is the named mortgagee, which mortgage was assigned for
value by U. S. Bank National Association to Cendant Mortgage Corporation f/k/a
PHH Mortgage Services Corporation by an assignment of mortgage dated June
4, 1999 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
September 14, 1999, in Book 435 PR at Page 702 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
Cendant Mortgage Corporation, will charge said Cendant Mortgage Corporation
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.
Certificate of Sale
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FURTHER AFFIANT SAYETH NAUGHT.
By.
Jaye p ey
of Brown, Drew & Mass', LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
SWbscribed ' my presence and sworn to before me by P. Jaye Rippley
this day of 2003.
Witness my handKn-d official seal.
Notary Public U
on Ex fires:
CINDY BAKER - NOTARY PUBLIC
County of
Nafrnna y la rte of
uing
MY Commission Expires Sept 17, 2006
Certificate of Sale
Trosclair 21309-0741 [03-04-04898]
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