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HomeMy WebLinkAbout895015 CERTIFICATE OF SALE STATE OF WYOMING )'. ~ 9 5 0 ! ~" LINCOLN COUt,~Ty CLER~ )ss. COUNTY OF LINCOLN ) ~,~KS4~Pat:,~oa. ,~3.:~. Lee Gardner °f laMul age, being first dUlyswor 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 Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated May 21, 2001, executed and delivered by Holly Ulrich, a single woman to INDYMAC Bank, F.S.B., and (b) that certain mortgage dated May 21, 2001 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 23, 2001, as/in Book 465 at Page 78, 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: Lots Four, Five, Six, and Seven of Block Nine of the Town of La Barge, Lincoln County, Wyoming, according to the official plat thereof recorded in The Office of the Lincoln County Clerk in Kemmerer, Wyoming with an address of 328 South La Barge Street, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2001-B, by INDYMAC Assignment dated: September 5, 2003 Assignment recorded: September 15, 2003 Assignment recording information: Book 534 at Page 665 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming.. 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, Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing-~-~gF6-e-m~i~'t-Sbries 2001-B, by INDYMAC ("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 pady 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 \\ProLaw\prolaw\documents\5417.doc Certificate of Sale Ulrich 21309-,0031 [03-8679A] Page 1 of 7 840 having general circulation in Lincoln CountY, State of Wyoming, once a Week for four (4) consecutive weeks, commencing with the October 1, 2003 issue of said newspaper and ending with the October 22, 2003 issue thereof; that said notice did comply in all respects with the requirements of the statutes relating t© 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 November 4, 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 $37,895.71 ("Bid Sum"), which was bid and offered by Deutsche Bank National Trust Company as Trustee under the Poolinq and Servicinq Agreement Series 2001-B, by INDYMAC ("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 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 November 4, 2003, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 4th DATED at Kemmerer, Lincoln County, state of Wyoming, this __ day 0f November , 2003. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming Print Name: Scott Miller Title: Deputy Sheriff \\ProLaw\prolaw\documents\5417.doc Certificate of Sale Ulrich 21309-.0031 [03-8679A] Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) The foregoing instrument was subscribed in my presence and acknowledged before me by Scott H±ller Deputy Sheriff 'of Lincoln County, State of Wyoming, this 4th day of November ,2003. Witness my hand and official seal. County of ~ State of ~ , { IJncoln ~'~ Wyoming ~ ,¢'~ k_~')_~ L~_y~c.o?_ml_ss_lon Expires 10/04/2004 I ~LJY'~ ~.~-L.(~ ...... -.,.~ Notary Public My Commission Expires: \1~ . L~-C)4 \\ProLaW\prolaw\documents\5417.doc Cedificate of Sale Ulrich 21309-.0031 [03-8679A] Page 3 of 7 54O EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 in a procedure to foreclose a certain real estate mortgage dated May 21, 2001 (the "Mort.qa.qe"), and recorded on May 23, 2001 as/in Book 465 at Page 78 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 Holly Ulrich, a single woman ("Mortgagor(s)"), the named mortgagor(s), and INDYMAC Bank, F.S.B., is the named mortgagee, which Mortgage was assigned for value as fOllows: Assignee: Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Series 2001-B, by INDYMAC Assignment dated: September 5, 2003 Assignment recorded: September 15, 2003 Assignment recording information: Book 534 at Page 665 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: CERTIFIED MAIL NO. Holly Ulrich 328 South La Barge Street La Barge, WY 83123 CERTIFIED MAIL NO. Occupant 328 South La Barge Street La Barge, WY 83123 CERTIFIED MAIL NO. Holly Ulrich P.O. Box 62 La Barge, WY 83123 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 22, 2003 and the date of the first publication of the notice of foreclosure sale was October 1,2003. \\ProLaw\prolaw\documents\5417.doc Cedificate of Sale Ulrich 21309-.0031 [03-8679A] Page 4 of 7 PURTHER AFFIANT SAYETH NAUGHT. - (,,,) P~'Jaye Ri~p//~y ~ of Brown,'Drew & Masse~, LLP 15g North W01cott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 , Sul~scribed J8 my presence and sworn to before me by P. Jaye RiPpley this ~_~day of / 1~2003. Witness mY hand and °ffic(~ ~,,,j N o~W'~ u'b J~c~ 0 - CINDY BAKER- NOTARy puBLIC .J .... J \\Pro Law\prolaw\documents\5417.doc Certificate of Sale Ulrich 21309-.0031 [03-8679A] Page 5 of 7 844 EXHIBIT B PUBLISHER'S AFFIDAVIT PROOF OF PUBLICATION THE STATE OF WYOMING ) ) SS. County of Lincoln ) Charles E. Young, first duly sworn deposes and says that h_qe 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 notice, a true copy of which is hereto attached, was published on the /~]day of ~~eg~z~ 20 /~f and was published in each succeeding week until the ~0~ day of ~-~ , 20 z~) ~, being a period of ~- successive weeks. That said newspaper is published weekly, on We dn/~ea~k. Subscrib~ed~; Ol '.' Notary Public, Lincoln i2o., Wyoming My commission expires: ,January_ 28, 2006 , o., COPY OF NOTICE Wyoming; given ES.B, as ments %egal nOtiti~ er~s failure ;by~a 8, y', t6 INDYMAC BANK, one or more recorded assfgn- ~ AS OF 1 [7HE :TOWN THEREOF THE 'OFFI( [N- COLN COUNTY CLERK'IN KEMMERER, WYOMING.; ~' ' -- --' PURPORTED COMMONr~ADDRESS?~ YJS"SOOTH-LA:B'~RG~! STREE? Mo~gagee has':dedliii'ed'[i~e' ~unpaid balance of $30,894.30, PLUS interest, ad~/.an~es, f6eSlh/id !~i~Sig'~, iiii:gqi'iid Payab'lein fUll, ~and is advertising to sell i~id pr6pe~y t6:';Sh'fisf~}'ihe s~m~'('~n~ :%hERE~g',:: rio ifi:ii~ 0r proceeding has bein ~ instiihted, ai.~L~:iO)¥dCb~e(.(!ny-.P~ of:thb debt }dmainin} and WHERg~, :the. Mongigee ha:i'3given 'fibfice,0f'itsqntentlon td'~o?ed6se, NOW,. THERE- FoR~'N~TICE lg ~B~G~ENthai:~"p}6peny~ili be offere:d for:~ale 'snd.aNd ~y'~the: gh'~f~'~ 0ffi~:-6~ LINCO~N:~;fintyl ~yoming;40 the hig~st bidder, fo; dash acPublie '.¥~'fie..at~ the front~'d0or:.of the C0urth0fiie~ in LIN- COLN Coun}y, Wy0mihg at [0 ~ a:~h}~bvember 4 2003~-- '~ ;' :-' office, and' ~h 'a'u[hbtiz~d re0~sentativ~ ~h a~(~n~e ~6fi; t~ 'l~nde~ S b~Mif. ~ DEUTSC~E'~AN~ NXTi~NAL TRUST COM~A~;~STRUSTEE uNDeR CasrleZMei nhold &: stawia~s~,. LLC: ~:~::~5'": '~:~; ~; :';'"V::;'~'~i~?' ': ' "~ ' "" ~? ;' )~' '~ Ulrich 21309-.0031 [03-8679A] Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY 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.,....~ _ By: ,~ · UP.~aye _RCp~l'ey/~' of Brown, Drew & Massle/y, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed/-{n~. , , ~___mypresence and sworn to before me by P. Jaye Rippley this,'~ay of ! )~2003. Witness my hand a I seal. No"St~ry Public- (.,) - \\Pro Law\prolaw\do cu merits\5417.doc Certificate of Sale Ulrich 21309-.0031 [03-8679A] Page 7 of 7.