HomeMy WebLinkAbout894019 RECEIVED
CERTIFICATE OF SALE , ~LINCOLN O0UNT~ CLERK
STATE OF'WYOMING ) 8
)ss.
JEANNE
COUNTYOF LINCOLN )~oo~
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and ceHifies 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 July 29, 1998, executed and delivered by Matthew
D. Barber and Marcy Barber, husband and wife to Major Mortgage and (b)that
certain mortgage dated July 29, 1998 (the "Mortqaqe"), securing said note, which
Mortgage was executed and delivered by said mortgagors, to said mortgagee,
and was recorded on August 4, 1998, as Book 415PR at Page 461, 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 Section 11, T35N R119W of the 6th P.M.,
Lincoln County, Wyoming described as follows:
'Beginning at a point which is 862.12 feet East of the
Northwest corner of the SWl/4 of said Section 11 and
running thence South 330 feet; thence East 132 feet;
thence North 300 feet; thence East 3 feet; thence
North 30 feet; thence West 135 feet to the point of
beginning..
with an address of
46 Cemetery Lane County Road 112
Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. The mortgage was assigned for value as follows:
Assignee: Fleet Mortgage Corp.
Assignment dated: July 29, 1998
Assignment recorded: October 14, 1998
Assignment recording information: Book 419PR at Page 479
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, Washington Mutual Bank, FA,
Successor in interest to Fleet Mortgage Corp. ("Mo~-~e"i-~ie~:~-~-~i 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
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Certificate of Sale
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by the affidavit attached hereto as Exhibit A and by this reference made a part
hereof.
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 29, 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
$ 83,568.37 ("Bid Sum"), which was bid and offered
=.succeSsor in interest to ("Successful
by Washington Mutual Bank, ~ Fleet Mortgage Corp.
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 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 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 29, 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
29th day of September , 2003.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
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Print Name: Steve Dillree
Title: Deputy Sheriff
Certificate of Sale
Barber 21309-.005 [03-8043A]
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ACKNOWLEDGMENT.
STATE OF WYOMING
COUNTY OF LINCOLN
SS,
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 29th day of
Witness my hand and official seal.
Public'
My Commission Expires:
County o! ~'"~, State o! I[
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
020
STATE OF WYOMING )
)SS.
COUNTY OF NATRONA )
Pi 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 ihe Mortgagee in a procedure to
foreclose a certain real estate mortgage dated July 29, 1998 (the "Mort.qa.qe"),
and recorded on August 4, 1998 in Book 415PR on page 461 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 Matthew D. Barber and Marcy Barber,
husband and wife ("Mortgagors") are the named mortgagors,, and Major
Mortgage is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Fleet Mortgage Corp.
Assignment dated: July 29, 1998
Assignment recorded: October 14~, 1998
Assignment recording information: Book 419PR at Page 479
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 wri'tten 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:
Matthew D. Barber
46 Cemetery Lane County Road 112
Etna, WY 83118
Matthew D. Barber
P.O. Box 1496
Thayne, WY 8312%1496
Marcy Barber
46 Cemetery Lane County Road 112
Etna, WY 83118
Marcy Barber
P.O. Box 1496
Thayne, WY 83127-1496
Occupant
46 Cemetery Lane County Road 112
Etna, WY 83118
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Cedificate of Sale
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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 27, 2003.
FURTHER AFFIANT SAYETH NAUGHT.
· ~ P~JaC/e I~Fl~ley/~
of Brown, Drew & Mass~Ly~, LLP
159 North WolcOtt, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in m,y pr. esence and to before me
RiPPleythis~,/?~daYof ~t/~T~_~ 2003. sworn by P. Jaye
Witness my hand and official s.~-
Notary ~ublic
County of ' ~ State of
Natr°na ~ Wy°ming /
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EXHIBIT B
PROOF OF PUBLICATION
0'22
THE STATE OF WYOMING )
) SS.
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 Wyoming.
That the nstice' a true c°py °f which is heret° attached, was published on the~ 7~day of
20 O~ and was published in each succeeding ~veek until the/~7~ day of .~~ ,20 O~', being a
p 'od of / successive weeks. That said newspaper is Published weekly, on We ch wee .
' Subscribed and~x~'0rnt0beforeme,'this/7~ day o~ &.F~t-/-~.2 ,20~ ,' '
":' t/ti ~, It" ' My commission expires: January 28, 2006
. & flefault ~as oc~u~ed through Mongagoc_s aq~gK,:~ubscqucnt.pwncr.
i0 pay that Pr0~iss~y Not~ in the original'&mouhi~,~Bf:$?6 500.00 ~¢cured:~by?a~
' :Mortgage dated July 29;'1998; recorded ~agust 4]';'t998,Boo~c415,:Page,. 61)
.; RecePtion No,~./8:~2301' .(r~-r~o?ding
'~.Wyo~ing :giVen by: MATTHE~ D. BARBER AND :M~RCY:BARBER';ihbrt¢
:;:on* or'moie ;~'6ta~d' a~sjgnm~!it*/.~signed 't0: .W~SmNG~ON. M~T~A~:
BANK FA' SUCCES
. ~ecuring property:deS:Crib~d
advancei, fee~s.and' Costs .due and
.']'h~'i'iiu'red '~t Ua~' i6'redb~e/: hr
'.iha 'M0 ftgag~'e~ hhs ..gi~v~n.
:5'FORE;:"~OT1CEiS :HEREBg
(biCd~'~;: :fbb e'filh~::~r:'pablie '&er
payable in full.':: 'is"advertising to se a~d
. DTCLOff cei...- %,
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
0' 3
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 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.
of Brown, Drew & ~assd~ LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~ mv presence and sworn to before me by P. Jaye Rippley
this ~.~J~day of ~ 2003.'
Witness mY ha//~ld °fficial seal~~ ~'
'Net-a'?~ Public
CINDy BAKER- NoTA-~-~6'~Zic
County of .~% State of
~ My Commission Ex:pYes Se~t 17, 2006 ~
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