HomeMy WebLinkAbout894021CERTIFICATE OF SALE
RECEIVED
~LINOOLN COUNTY OLERK
STATE OF WYOMING 8 9 [t D ~ I 03 0£T-I
ss. JEANNE"
COUNTY OF LINCOLN" ~,~ 0 3 ~ '~'~'~'~'
Lee Gardner of laWful age, being first duly sworn upon his oath,
states and cedifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Cedificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated March 13, 2002, executed and delivered by Hiram
A. Smith, a married man as his sole and seperate property to National City
Mortgage Co. dba Commonwealth United Mortgage Company and (b) that
certain mortgage dated March 13, 2002 (the "Mortgage"), securing Said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on March 18, 2002, as Book 485PR at Page 551,
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 Modgage covers that
certain real property described belOw, as follows, to-wit:
Lot 42, Plat 10, Star Valley Ranch, as filed in the
office of the County Clerk, Lincoln County, Wyoming
with an address of 356 Vista West Drive
Thayne, WY 83127
Together with all improvements th'ereon 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, National _City Mortgage Co. dba
Commonwealth United 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.
5. That Mortgagee has caused publication to be made of a
notice of foreclo,~ure 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.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On October 1, 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
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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
$276,417.72 ("Bid Sum"), which was bid and offered by National City Mort.qa.qe
Co. dba Commonwealth United Mortga.qe 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.
7. 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 C, and by this reference made a part hereof.
8. That the sale of the above-described rea- 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 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 October 1, 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
1st day of October , 2003.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: Steve Dillree
Title' Deputy Sheriff
L
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
October , 2003.
instrument was subscribed in my presence and
by Steve Diliree
County, State of Wyoming, this 1st day of
Witness my hand and official seal
My Commission Expires:
Notary Public
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034
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)ss.
COUNTY OF NATR'ONA )
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 March 13, 2002 (the ,Mortqacle"),
and recorded on March 18, 2002 in Book 485PR page 551 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 Hiram A. Smith a married man as his sole
and seperate property ("Mortgagors"), the named mortgagor(s), and National City
Mortgage Co. dba Commonwealth United Mortgage Company 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.
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:
Hiram A. Smith
356 Vista West Drive
Thayne, WY 83127
Hiram A. Smith
971 East Commanche Circle
Washington, UT 84790
Hiram A. Smith
P.O. Box 1299
Mesquite, NV 89027
Occupant
356 Vista West Drive
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 12, 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.
k,.,/pi~ye Rip,lely ~
of Brown. Drew & Massey,"L-'LP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed i,~-~my presence and sworn to before me by P. Jaye
Rippley this ,~day of '~c~, ~,~ 2003.
Witness my hand and officii~~' ~
My Commission Expires:
CINDY BAKER - NOTARY PUBLIC
County of ~ State of
Natrona~ Wyoming
My ~ Expires Sep{. 17, 2006
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936
EXHIBIT B
PROOF OF PUBLICATION
THE STATE OF WYOMING )
County of Lincoln )
Charles E. Young, first duly sworn deposes and says that h_~e is editor of the LITTLE
paper of general circulation, publiShed at Kemmerer, Lincoln County, in the State of Wyoming.
That tl~e notice, a true copy of which is hereto attached, was published on the ~ ~tday of
20 0-~ and was published in each succeeding week until the day of ,20.~ ~ , being a
periodof ~ successive weeks. That said newspaper is published weekly, onWe es(~f
.... . . /~ ch w ek.
Nota~ Public, Linco~ ~o., Wyo~ng
~'~'~'"'?'-'. "'? My com~ssion expires: JanuaW 28, 2006
CHICAGO REVIEW, a news
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawfui age, being first duly sworn upon her oath,
deposes and says:
1. That she is a resident 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.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $600.00 as compensation for
services actually rendered in the foreclosure proceeding.
· 3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of BroWn, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT.
U (~. Jaye'~i.p'.pled '
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
.,.$..ubscribec~n m.y presence and sworn to before me by P. Jaye Rippley
this ~ day of ~2003.
Witness my hand and,~al seal.
No---'~ry- pU61i%-- 6 '
M Y -Cam mi ssie,n-~'4~s;~ ......
CIkDY BAKER - NOTARY PUBLIC
t County of /~ State of
Natrona ~ W,/oming
..... ....
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