HomeMy WebLinkAbout894546STATE OF WYOMI~
COUNTY OF LINCOLN
CERTIFICATE OF SALE
. RECEIVED
,LINCOLN COUNT? CLERK
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 January 25, 2002, executed and delivered by Eric
A: Garner, a single person to Wells Fargo Home Mortgage,' Inc. and (b) that
certain mortgage dated January 25, 2002 (the "Mort.qa§e"), securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on January 29, 2002, as/in Book 482 PR at Page
452, 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 5 of Star Valley Ranch Plat 4, Lincoln County,
Wyoming as described on the official plat thereof
with an address of
118 Brambleberry Drive, Thayne, WY 83127
Together with all improvements thereon situate .and
all fixtures and appudenances thereto.
3. That no suit or proceeding has been instituted
recover the debt secured by the Mortgage, or any part thereof.
at law to
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Wells Fargo Home Modgage,
Inc. ("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 properly 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 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 September 25, 2003 issue of
said newspaper and ending with the October 16, 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 17, 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
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ACKNOWLEDGMENT
8?6
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
De.p. uty S, heriff of Lincoln
(_'~'~,_'!L~.f", 2003.
instru,...r~e_~t was subscribed ~n my
County, ~t~,~f Wyoming this
presence and
.. lq day of
Witness my hand and official seal.
My Commission Expires:
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$112,500.00 ("Bid Sum"), which was bid and offered by ..Wells Farqo Home
Mortclaqe, Inc. ("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 real properly 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 17, 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
17th day of October , 2003.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: 2 '7'/~4~
Title' "~, p ,~ ~ '7'
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EXHIBIT A
878
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 Modgagee in a procedure to
foreclose a cedain real estate modgage dated January 25, 2002 (the
"Mort_qaqe"), and recorded on January 29, 2002as/in Book 482 PR at Page 452
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 Eric A. Garner, a single
person ("Mortgagor(s)"), the named mortgagor(s), and Wells Fargo Home
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 Modgage 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:
CERTIFIED MAIL NO. 7002 2410 0000 4928 5738
Eric A Garner
1 18 Brambleberry Drive
Thayne, WY 83127
CERTIFIED MAIL NO.7002 2410 0000 4928 5769
Eric A. Garner
P.O. Box 736
Thayne, WY 83127
CERTIFIED MAIL NO. 7002 2410 0000 4928 5752
Occupant
1 18 Brambleberry Drive
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 12, 2003 and the date of the first publication of the
notice of foreclosure sale was September 25, 2003.
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FURTHER AFFIANT SAYETH NAUGHT.
879
of Brow~, Drew & Mas~.~, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
S~scribed in._.my presence and sworn to before me by P. Jaye
Rippley this /51~ day of (/"~)C~:'J~,~.~., 2003.
Witness my hand and official s~,~y~.
N ota"t~-blic
M.~Co_m_m_ission x i '
I CINDY BAKER - NOTARY PUBLIC
/ Courtly o! ~ State of
/ Natrona ~ 'Wyoming
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880
EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Gib Mathers first duly sworn deposes and says that he/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 ~-:~-.~'9/"ff2
day o~.~~, 2003 and was published in each succeeding week until the
,//~/ ~ day of ,//-~J-~r..' ,2003 being a period of ~ successive
week(s). That said newspaper is published week on Thursday of each week.
WHEI
under
::H6me
date securing theNote,
Subscribed and sworn to before lne, the .d~~ day o~003.~- '
FORE( NOTiCE . ~,o,,~
~, ~ ...... , ~ ~ .
{ ~/ Diana Lynn Mac~nen
Notary Pubfic, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
of Wyoming;and .' . ' ":::
WHEREAS, th,, M, -ti
!Sdddefault the owner of ti
op.eratlve, and no
d~bt'secured by
!Prbceeding bee~
· fiS/emeu t and
p~ssession of
mgncement 0f
~ d:~ of first s notice of sale 6eing the t~tal Sbm of $
ncipal balhnce:.gf$150,007.09, plus in~[
of this notic~4nCth~ amOunt~
amount of $309.6L ~iU~ hn ~crow[
$237.20, plus other O~tstanding ch~ges in the am0umz
,a suspefls~ ~a!ance in t!~h'amgunt .o~$1 ;i76,5L plus .attor-~ ~
fees, costs expended, and accruing jfitem~t ~nd lffte'::Charg~ after,~he;
-d~le of first publication of this:hotice 0f shle;':5'~: ;c~.~y~':.gr(~~ ~ ~ ....... ~ :~'
.::i:~O , THEREFO~ Wells Fargo Home Mo~gage, Inc. as the owner
~ote and~:.t~,~. M~rtgage,,Ei[l ~.ha~.:lh~ Mortgage fore~l~sed :,as by iaw~
~ pr?ideal by cab~ihgthe mbftg&ge~ p?b~od~ t6'b~:~i~;ht:.~Biie: vendue by:
Sheriff 0r Deputy Sheriff in ~hd f6i Lincoln C6nntyi
7highest bidd~ o"dbck: in;ih~
118
adver4
lue npon.the Mortgage on the3 'i
Counb/of ~ State of
Lincoln Wyoming
,ming
EXHIBIT C
AFFIDAVIT OF ATTORNEY
881'
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 modgage.
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 SAYET. H NAUGHT, '
UP ~.laCe I~p~)le'~'
of Bro~vn, Drew & Mas.~,~'y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed n my presence and sworn to before me by P. Jaye Rippley
this /5' day of (') 2003.
Witness my hand and o,~i seal. .~_~
N o t '~"-~ Public-
My_ Co_mmi_ ssion_E_x ire_-'-'
I CINDY BAKER. NOTARY
~ County d ' ~ State of
I Natrona ~ wyoming
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