HomeMy WebLinkAbout893606STATE OF WYOMING
COUNTY OF LINCOLN
)
" 535
) SS. "BOOK PR PAGE
)
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 August 30, 1996, executed and delivered by Jerry
A. Dummer and Connie Adele Dummer, husband and wife to Wells Fargo Home
Mortgage, Inc. f/k/a Norwest Mortgage, Inc. and (b) that certain mortgage dated
August 30, 1996 (the "Mort_qa~e"), securing said note, which Mortgage was
executed and delivered.by mortgagors, named Jerry A. Dummer and Connie
Adele Dummer, husband and wife, to mortgagee, named Wells Fargo Home
Mortgage, Inc. f/k/a Norwest Mortgage, Inc., and was recorded on August 30,
1996, in Book 387 PR at Page 616, 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:
The WeSt One-Half of Lots 1, 2 and 3 of Block 5 of
the Fairview Addition to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official
plat thereof with an address of 810 Elk Street,
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
August 28, 2003 issue of said newspaper and ending with the September 18,
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.
Certificate of Sale
Dummer 21309-0782 [03-07-08162]
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6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On September 19, 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
$69,924.30, which was bid and offered by Wells Far.qo 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 Farqo Home Mortflacle, Inc., for the
sum of $69,924.30; 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 Farqo Home Mort.qa.qe, 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 September 19,
2003, the date of the sale, unless the property shall have been redeemed as
provided by law prior to that time.
DATEE~at Kemmerer, Lincoln County, State of Wyoming, this
/(~/"~-~day of~9~ ,2003.
Lee Gardner, Sheriff in and for
LincOln County, State of Wyoming
By:
Print Name:
Title:
Certificate of Sale
Dummer 21309-0782 [03-07-08162]
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483
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
acknowledgeThed foregoing instrumej:Lt was subscribed in my presence and
before me by ~c--~'~OI.Of!. ~L~)~/i-~-Cf~o('~___. ,
D~,puty Sheriff of Lincoln County, State of 'Wyomi~gl this I'°l-u-- day of
.,~)~.A% ~ ,2003.
Witness my hand and official seal.
My Commission Expires:
County o! ~ _State .of
Unc~ln ~ Wyoming
Cedificate of Sale
Dummer 21309-0782 [03~07-08162]
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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, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a cedain real estate mortgage
dated August 30, 1996 (the "Mort_qaRe"), and recorded on August 30, 1996, in
Book 387 PR at Page 616 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
Jerry A. Dummer and Connie Adele Dummer, 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 rece'pt 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 3531
Jerry A. Dummer
810 Elk Street
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 3579
Jerry A. Dummer
404 Upper Sunset Dr.
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 3548
Connie Adele Dummer
810 Elk Street
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 3586
Connie Adele Dummer
404 Upper Sunset Dr.
Kemmerer, WY 83101
CERTIFIED MAIL NO. 7003 1010 0001 9657 3555
Occupant
810 Elk Street
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 13, 2003, and the date of the first publication of the
notice of foreclosure sale was August 28, 2003.
Cedificate of Sale
Dummer 21309-0782 [03-07~08162]
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FURTHER AFFIANT SAYETH NAUGHT.
< (,) (¢~: ~Jay~e~/F/~Ple~)
of Bfow'h, Drew & Mass'tOy, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~ my presence and sworn to before me by P. Jaye
Rippley this ['7¢day of o~,~,~, 2003.
Witness my hand and official sea/p--
' NOta-~ ~ubli~-'-
~xp..j.r.~,
CINDY BAKER- NoTARy PUBLIC
County'o~ - ~ St~m of
Certificate of Sate.
Dummer 21309-0782 [03-07-08162]
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486
EXHIBIT B
PUBLISHER'S AFFIDAVIT
Under the .terms
executedand
band and wife,
Inc., and a real estate
the Note, w~
Jerry A.
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Kathleen Rosas 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 c:,Tac''z~
day of./~/~z/~/ , 2003 and was published in each succeeding week until the
/~'/~ day of~/~ ~,//e~ ,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,;~ ' "i':~,the ,, /~'~ day of~_~//wff~ .2003.
..,-'..,, // /
Notary Public, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
[CIO
:'said default,
idate of t
~est accrued to the date'Of t
!i$3,115.16, plus Rate charges
~vance in the,amOunt
{of $796.88, plu
~late Charge~
; NOW,
!the Note and,:th
~the
-'.~igh,est
2003,- at the front door
'coln County, WY~..m..ing
!curo~ by
~' ~,;F ' est
;. 41~Ihe V¢ ) i dfofL°~
~to ~,gbei Town of Kemmerer~
"official plat
~escr0w ad,~,
Owner O~
S.by law'_~
to the~
~0u~e in Kefftmerer,
amounts
as f~llow~';t h
the Fai~iew'Addition'_,~
as descdb~ on the~/~
83101
Certificate of Sale
Dummer 21309-0782 [03-07-08162]
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
487
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 August 30, 1996 (the "Mort_qaqe"), and recorded on August 30, 1996, in
Book 387 PR at Page 616 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
Jerry A. Dummer and Connie Adele Dummer, 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 Browh, Drew & Massd,y, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
~ Subscribed,,~ my presence and sworn to before me by P. Jaye Rippley
this /"~ day of ~2003.
Witness my hand,/a~d official seaf~
9~m_i~ ~ Expires:
My ~ ~ir~ ~ 17, ~
Cedificate of Sale
Dummer 21309-0782 [03-07-08162]
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