HomeMy WebLinkAbout894020CERTIFICATE OF SALE
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
LiN00LN COUNTY CLERK
Lee Gardner of lawful age, being fi'rst duly sworn upon his oath,
states and certifies as .follows:
1. That he is the duly el'ected 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 October 23, 2000, executed and delivered by
Darrell J. Williamson, an unmarried man to First. Colony Mortgage Corporation
and (b) that certain mortgage dated October 23, 2000 (the "Mortqage"), securing
said note, which Mortgage was executed and delivered by said mortgagor, to
said mortgagee, and was reCorded on October 24, 2000, as Book 454PR at
Page 676, 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:
Part of Lot 4 of Block 23 tothe Town of Afton, Lincoln
County, Wyoming being more particularly described
as follows: Commencing 90 feet East of the
Southwest corner of said Lot 4 and running thence
East 75 feet; thence North 330 feet; thence West 75
feet; thence South 330 feet to the point of beginnin9.
A.P.N.: 12-3218-30-4-06-074.00
with an address of 375 East 5th Avenue
Afton, WY · 83221
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. The mortgage was assigned for value as follows:
Assignee: National City Mortgage Co.
Assignment dated: October 23, 2000
Assignment recorded: October 31,2000
Assignment recording information: Book 455PR at Page 039
All in the recOrds of the County Clerk and ex-officio. Register of Deeds in and for
Lincoln County, 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, National City_. Mortgage
Company ("Mortgagee") elected to foreclose the same and at the request and
direction of Mortgagee 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.
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6. That Mortgagee 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 27, 2003 issue of
said newspaper and ending with the September 17,' 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.
7. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On September 30, 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
$ 79,45t.19 ("Bid Sum"), which was bid and offered
by National City Mortgage Company - ("Successful
Bidder") 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 Successful Bidder for the' Bid Sum; and
that the Bid Sum was thereupon paid and the sale of said real property was then
and there completed as by law provided.
8. That the sum of $600.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee 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 O, 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 Successful Bidder 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 30, 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
30th day of September , 2003.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: Steve Dillree
Title: Deputy Sheriff
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ACKNOWLEDGMENT
STATE OF WYOMING ')
)SS.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
September , 2003.
instrument was subscribed in my presence and
by Steve Dillree ,
County, State of Wyoming, this 30th day of
Witness my hand and official seal.
My Commission Expires:
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EXHIBIT A
AFFIDAVIT OF SERVICE OFWRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)SS.
COUN-FY 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 in a procedure to
foreclose a certain real estate mortgage dated October 23, 2000 (the
"MortClaqe"), and recorded on October 24, 2000 in Book 454PR Page 676 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. Darrell J. Williamson
("Mortgagor(s)") is the named mortgagor, and First Colony Mortgage Corporation
is the named mortgagee, which Mortgage was assigned for value as follows:
Assignee: National City Mortgage
Assignment dated: October 23, 2000
Assignment recorded: October 31,2000
Assignment recording information: Book 455PR at Page 039
All in the records of the county Clerk and ex-officio Register of Deeds in and for
Lincoln County, Wyoming; 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:
Darrell J. Williamson
375 East 5th Avenue
Afton, WY 83221
CERTIFIED MAIL NO.
Darrell J. Williamson
P.O. Box 1641
Afton, WY 83110
Occupant
375 East 5th Avenue
Alton, WY 83221
' 3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 25, 2003 and the date of the first publication of the notice
of foreclosure sale was August 27, 2003.
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FURTHER AFFIANT SAYETH NAUGHT.
U (jb. Jaye'l:~¢ey 0
of Brown, Drew& Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~ir~ my presence and sworn to before me by P. Jaye
Rippley this ,¢~,(?~'day of ~ [~t~ 2003.
I
official se .
Witness my hand and. ~~ t~')O~'~.~
Notary Public
~My Commission Expires:
CINDY BAKER - NOTARY PUBLIC~
County of ,~ State of
Na,rona ~ Wyoming
My CommiSsion Expires SepL 17, 2006
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF pLrBLICATION
THE STATE OF WYOMING
County of Lincoln
Charles E. Young~ first duly sworn deposes and says that h__~e is editor of the LITTLE CHICAGO REVIEW, a news
paper of general circulation, published at Kemmerer,. Lincoln County, in the State of ,Wy°ming'~t{ ~ ~
That the notice, a true copy of which is hereto attached, was published on the~/t~ day of _
20 ~)~ and was published in each succeeding week until the ]~t~ day of.~4?7~LZ'~ ,20 (~-~ , being a
period of ~/ successive weeks. That said newspaper is published weekly, on Wed f e ch we .
S,U~?~d<:'-~ sworn to before me, this/~.~ dayof /~~~
(s'e~) , .,.i j . Olga JyShimn~ja/ '-
'~---., ~. ~ .... Notary Public, Lincoln Co., Wyoming
My commission expires: January 28. 2006
COPY OF NOTICE
A default ha~' 0C~u~ed through MortgagSr'.~' an~br subse~a~:hrL.o~her'-s faii'u/gt6 ~aY ~that'Pi0miss0~y No.td~in the 6rig~,-
ina[ amount o~'$72.000 00;' secured b~ a Mbt[gage dated'OcthCer~2~; ~[~C.6~[~ O~'[~b~:~',g~'~';'~5~;}Pag¢~
676, Reception: No.':? 869255::(real'chiding i nf0]: ' N/A)2 :in LINCOLN:'C6dfit~;' Wy6~ifig]..~ gi~en<;by:DARREEE. J-:~
W1LLiAMSON moagagors,'~t0:F1RST':COLONY MORTGAGE:CO~PORATiO~i'~ag: ~0~ih~
through one or.~o?e 'recorded assignments; assigned to N~TIONAL CITY. MO'~GAGE;~'O~
PART '°F LOT'~ :°F. ,LOG;K':'23'TO ~HE".TQWN '~F A~ON)~NC.oL,· e~T;~~~a~
PART1CULA~YDESCRIBEDASFOLLOWS:COMMENCING90FEETEA' ~ F~
' AID LOT 4 AND RU~ING THENCE EAST 75 ~eeT~:~Cg;"~O~T~:'a'a'o'?'F~
EET- THENCE SOUTH"330 FEETTO THE POINT OF BEGINS1 G ':' .... :~'-: ~ ' ~:' ' '~;:
A PN 12-32!'8-30-4-06>704,00,, :-}(;.::¢:::~?~",~;~':' ': ", t '..~.' ..{-' ::~ .,:;'.,:'"': ','-[" · :..' .:.
M0ngage~ has d~ciared'the, u~p'a'Jd bal~nca '0f.~:i';o i 2}12 :P~US' ini~re'~t~ ~¢ances fees i~nO
full. 'and is advertising t~ sell said'~fop~nyib','g~figfy:th~ ~ame:, ~nd WHEREAS' 'n0 su[t':bf p~oc~djhg-ha$.b~¢~
,.,2h., r .... ). .... Vet an~-~an' 0f the:deb(¥4~hi'nin~' 'and WHEREAS,' ibc Mo~tgage'e :hM given notig~:of ~t5 imcn: ~
~i~o'"}o~c'~s~7~Sw, ' ~ ' ~ IS H~REBY.GI~EN that thc'br0pen~ '~ill.:be.offer~d for sale an'd sold
.by ~e-Shcfiff's office { to th'e highest bidder, for cash at public vedue at the front door::
of'the (
in
Cas
Attorne
EngleWood
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9/.1)03.9/10/03.9/I 7/03
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawful age, being first duly swoi-n upon her oath,
deposes and says:
1. · That she is a resident attorney admitted generally to practice
law in the Stare'of Wyoming and is a member of the law firm of Brown, Drew &
Massey, LLP, who are the attorneys representing the Mortgagee in a procedure
to foreclose a certain real estate mortgage.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee 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 Br',own, 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 SAYET~_.~AI.,L,GHT.r..___ By:
· of Brown, Dre & a se~,k,./_LP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-t000
Subscribed,in my presence and sworn to before me by P. Jaye Rippley
this ~(¢-~day of ~2003.
WitnesS my ha/~d o. fficial seal.//~ [
No~7 p'ubli~
County M ~ Sram of
Natrona ~ ~i~
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