HomeMy WebLinkAbout893806C E RTl FIC~A'~EaO~LE
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN ) I
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 September 24, 2002, executed and delivered by
Erik Drake, a married man to Mortgage Electronic Registration Systems, Inc. and
(b) that certain mortgage dated September 24, 2002 (the "Mortqa_qe"), securing
said note, which Mortgage was executed and delivered by mortgagor, named
Erik Drake, a married man, to mortgagee, named Mortgage Electronic
Registration Systems, Inc., and was recorded on September 30, 2002, in Book
500 PR at Page 446, 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 2!, Forest Meadow Subdivision, according to the
official plat thereof recorded in the office of the County
Clerk, Lincoln County, Wyoming with an address of
512 Three Rivers Road, Alpine, WY 83128
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, Mortgage Electronic Registration
Systems, Inc. elected to foreclose the same and at the request and direction of
Mortgage Electronic Registration Systems, 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 Mortgage Electronic Registration Systems, Inc. has
caused publication to be made of a notice of foreclosure sale in The Little
Chicago Review,. 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 20, 2003 issue of said newspaper and ending with
the September 10, 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 September 24, 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
Cedificate of Sale
Drake 03-7641B
Page 1 of 7
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
$ 209,71],47 , which was bid and offered by
Mortga_~e ElectroniC Registration Systems, 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 Mo~tg~_~ Electronic Registration Systems, Znc.
for the sum of $ 209,711.47 ; and that the sum bid was thereupon paid
and the sale of said real property was then and there completed as by law
provided.
, 7. That the sum of $600.00 is to be Paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgage Electronic Registration Systems, 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 Mortgage Electronic Registration. Systems, 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 24, 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
24th day of September , 2003.
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
By: ~
Print Name: _ ~'~z/~-~ ~__~/~'/~,,.,~
Title:
Certificate of Sale
Drake 03-7641B
Page 2 of 7
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
, 003.
instrument Was subscribed in my presence and
County, State of Wyoming, this day of
Witness my hand and official seal.
My Commission Expires:
Cedificate of Sale
Drake 03-7641B
Page 3 of 7
023
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGF
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, Mortgage
Electronic Registration Systems, Inc. in a procedure to foreclose a certain real
estate mortgage dated September 24, 2002 (the "Mortgage"), and recorded on
September 30, 2002, in Book 500 PR at Page 446 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 Erik Drake, a married man, is the named mortgagor,
and Mortgage Electronic Registration Systems, 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:
Erik Drake
512 Three Rivers Road
Alpine, WY 83128
Erik Drake
P.O. Box 663
Jackson, WY 83001
Occupant
512 Three Rivers Road
Alpine, WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 6, 2003, and the date of the first publicaton of the
not'ice of foreclosure sale was August 20, 2003.
Certificate of Sale
Drake 03-764 lB
Page 4 of 7
FURTHER AFFIANT SAYETH NAUGHT.
VP~/aye R~p~{ey//' '~
of Brown, Drew & Mas~e,..¢, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Su_b.,,sCribed/io m,y presence and sworn to before me by P. Jaye
Rippley this o~ ~day of .~ ~~2~..~, 2003.
Witness my hand and official ~
Notary Public (,...)
My Commission Expires:
.....
Certificate of Sale
Drake 03-7641B
Page 5 of 7
EXHIBIT B
PROOF OF PUBLICATION
THE STATE OF WYOMING
County of Lincoln
) SS.
Charles E. Young, first duly sworn deposes and says that he_ is editor of the LITTLE CI4_ICAGO REVIEW, a news
paper of general circulation, published at Kemmerer, Lincoln County, in the State of Wyoming. )~
,4
That the notice, a true copy of which is hereto attached, was published on the ~day of .~/~),
20 ~ and was published in each succeeding week until the//~ day of ,_~)~-'-~Z]~, 20/O.~, being a
periodof ~ s ccessiveweeks. That said newspaper is published weekly, on~e/~'~f~.
S sribedandsworntobeforeme, this//~, dayof .~~,2~--~. ~ ~ .-
(seal) Olga J. ~himn~ / '-
'~-"-- Notary Public, Lincoln Co., Wyoming
My commission expires: January 28, 2006
TItE'LITTI; CHICA60 REViE
A default has occurred through Mortgago~'s"and/0r Subse~ue'nt"b~fl'er'~'i:a'i]fi£e'¥~ay ~at Pr0i~ssdi-y N6t~' in the'6rig-
inal amount of $200,000.00, secured I~y 'fi 'Mortgage date~i September 24,,2002; recorded September.3'0,('2002,-B0ok
500, Page 446' Reception NO. 884465 (re~recoiding info.: N/A); in LINCOLN County, Wyoming; given
DRAKE, ;m0rtgag0rs, -to :MORTGAGE E _LECTRONIC .REGISTRATION SYSTEMS;'INC:; AS NoMIi'~."FOR
AMERICA'S WHOLESALE LENDER, as m0t-tgagee; and subsequently, through one:or more recorded assignments,
assignedto MORTGAGE:ELECTRONIC~REGISTRATIQN. SYSTEMSi INC.;:... . ' '
securing property described as: ·: ??,!';':.~;:i:~?i~ !_"...' ,3,(~-~-;.,-: ~''~ ..'.-'.C; :, .:...::-:,'. ~'> : ,:'..::':.7 .'" '~ '-
' '"';: .... ~,:'.;.:'[ .... ;:~ (.:~ ::'.~' ':./.?~;- :- '-' ',, k.:> :<.': .:;. /-' -;' <:' ,'.C..., .?, .'!"..~,;'-,: 7%' ·
pURroRTED:cbMMoI~ ADDRES S?;:'J !:2' ~i'~ERS :R0 'APl :A£PINE;:WYo~ING.. !,i': '..':::'.:..:.~:':!~..
~ .:./.~:. : ~ V!- :::.'cd:z:j$~,$'5;,h ?!;~,':A~'L;'~ :', .t',"-~.;'t~i.~u~: ;'P-:-:~ ¢~>
Mortgagee has declared the unpaid baia~)ce.' of $199,320 QI', PLUS interest, advances, fees and costs, due and pa~ablc
in full,and is.,,adv~rtisingto sell said pr0p~/t~,[p sati_sfy..~e s. ame; and WHEREAS,no suit or proceeding h. as bcCn inSti-
tuted at Law' .t~,.ie.c0vcr ~nylpart. ~)F the ~Iebt remaining~ :and,WHEREAS~-~the.'-Mongagcc ha~ gwe~;notiq.e:iofSts inten-
tion to forecl0sei NOW, THEREFORE,'NOTICE-IS HERE. BY.GIVEN that ths:propcrty:Will:bc-off6ked fo~ sai~and.sold
by thc Sheriff's_ office efLINCOLN County, Wyoming; to'thehighcst biddcr~.:for cash-'i/t pdblic V~nUs-at;t'he'.'front door
of the Courthouse.in LINCQ.L.N~County, Wyoming at 10:00 a.m. on September:2_4 2003, :. :..' '~ :: . '..,..'_' : ~c'vt-;~:
. _- :' "-: -:'"-' ...2'. ........... :
-The,Shenff..as not:authbnzcd to'sell.~e:property~wzthout~a-~ritf~iibidfrom our offic~ .and.~an authorized repres
· ' 'MORTGAGE..... : ','. E-.L~CTRONIC.p,.EGISTRATION~.T~v__~S..,., -:LKIC: M~j~.g~:~$'~[5~i.~¢'{~~ '
· . ...... )-.. .... ,,::,-.-...:;..-,c .~,-.. < .. .... ,..~
.:'.~,,gl~.%~)a.i~5:~9~[g?~l.~-~'~,~-!~!''- ?::2"_ "<"~,'.,:'-::'. ',:,:.i :;:,?';~-¢':i:-',..:~'.,,'..:?~
. ..,. ,:~(,720) .: 8:75:2354..:. ~,,.~:?,,: -.: ~:,~,~, ;,.: ;;-~,. --
certificate of Sale
Drake 03-7641B
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
026
'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, Mortgage
Electronic Registration Systems, Inc. in a procedure to foreclose a certain real
estate mortgage dated September 24, 2002 (the "Mortqa_qe"), and recorded on
September 30, 2002, in Book 500 PR at Page 446 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 Erik Drake, a married man, is the named mortgagor,
and Mortgage Electronic Registration Systems, Inc. is the named mortgagee, by
advertisement and sate 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 modgagee 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 deb! 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.
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
_S¢~_scribed.~in my presence and sworn to before me by P. Jaye RipPley
this ~. day of:~~__~, 2003.
Witness my h o~icial seal.
N °t~--'W''tS~b~
CINDY BAKER-NOTARY PUBLIC Count/~ ~ State of
My Commission Expires Sep[ 17 2006
Cedificate of Sale
Drake 03-7641B
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