HomeMy WebLinkAbout895139STATE OF N~OI~NC )
) SS.
CO~-T~ OF LZNCOL~ )
895139
CERTIFICATE OF SALE
RECEIVED
LINCOLN COUI ITY CLERK
JEANNE WAGN '7
,,:,,,,, Et:
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 December 28, 2000 (the "Note"), executed and
delivered by Richard A. Johnson, a single person, and Loraine M. Leonard, a
single person, to Wells.Fargo Home Mortgage, .Inc., and (b) that certain mort-
gage dated December 28, 2000 (the '~ortgage"), securing the Note, which Mort-
gage was executed and delivered b~ Richard A. Johnson, a single person, and
Loraine M. Leonard, a single person, as mortgagors, to mortgagee, named Wells
Fargo Home Mortgage, Inc., and was recorded in the records of Lincoln County,.
state of Wyoming, on December 29, 2000, in Book 457PR, at Page 616 (Reception
No. 870505), and which Mortgage covers that certain real property described
as follows, to-wit:
Lot 88, Nordic Ranches Division No. 7, Lincoln
County, Wyoming, accordingto that plat filed
May 8, 1996, Instrument No. 819461, Plat No.
311E, which has the address of 247 Buckskin Way,
Etna, Wyoming 83118.
Together with all improvements thereon situate
and all fixtures and appurtenances thereto.
3. That the Mortgage, together with the Note secured thereby,
were assigned for value by ~ells Fargo Home Mortgage, Inc~ to Wyoming Com-
munityDevelopment AuthoritY~ee'') by the indorsement of such Note
and the execution and delivery of that certain assignment of mortgage dated
December 15, 2000, and recorded in the records of the office of the County
Clerk and ex-officio Register of Deeds in and for Lincoln County, State of
Wyoming, on December 29, 2000, in Book 457PR, at Page 633 (Reception No.
870506).
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, 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 the
commencement of.the first publication of the foreclosure sale notice, as shown
by the affidavit attached as Exhbiit A hereto 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 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 October 16, 2003 issue of said
newspaper and ending with the November 6, 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 as Exhibit B hereto and by this reference are 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 November ?, 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 not-
ice of foreclosure sale by then and there calling for bids on said real property;.
that the highest and best sum bid for said real property was the sum of
$139,801.82 , which was bi~'and offered by Wyoming Community Development
Authority ; 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 said
Wyoming Community Development Authority for the
su~ of $139,801.82 ; and that the sum bid was thereupon paid and
sale of said real property was then and there completed as by law provided.
8. That the sum of $950.00 is to be~paid to Brown, Drew & Massey,
LLP, the attorneys for Mortgagee, as compensation for services actually rendered
in the foreclosure proceeding, and in obtaining an order of relief from the
automatic staY in the related bankruptcy case of mortgagor, Loraine M. Leonard,
said attorneys having made an affidavit as required by the statutes of the State
of Wyoming, a copy of said affidavit being attached as Exhibit C hereto and by
this reference made a part hereof; and that in addition, there are necessary
costs .and expenses of this foreclosure and the related bankruptcy case in the
sum of $697.12, which additional costs and expenses:also are referred to in
Exhibit C hereto.
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 conformitywith the requirements of ~theWyoming
Statutes.
10. That said Wyoming Community DevelopmentAuthority
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
the 7th day of November, 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
of November, 2003.
day
LEE GARDNER, Sheriff in and for
By: d~~/~
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ACKNOWLEDGMENT
STATE OF WYOMING
COUNTY OF LINCOLN
)
) ss.
)
The foregoing, instrument was subscribed in my presence and acknow-
ledgedbefore me b~g~_._u~,/~/~/_/-~?_~_. .
Deputy Sheriff for Lincoln County, State of Wyoming, this ~ day of
November, 2003.
...... Wi-~nes~_-;~.. ~b~n~n~ official
My CommJ ss/on Expires:
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
) SS.
COUNTY OF NATRONA )
DONN J. MCCALL, of lawful age, being first duly sworn upon his oath,
deposes and says:
1. That he 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 of record, Wyoming Community
Development Authority, in a procedure to foreclose a certain real estate mortgage
dated Decembem~:: 28, 2000 (the "Mortgage"), and recorded in the records of the
office of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming, on December 29, 2000, in Book 457PR, at Page 616
(Reception~No. 87050~), wherein Richard A. Johnson, a single person, and Loraine
M Leonard, a single person, are the named mortgagors, and Wells Fargo Home
Mortgage, Inc. is the named mortgagee [said Mortgage having been assigned for
value by Wells Fargo Home Mortgage, Inc. to Wyoming Community Development
Authority by that certain assignment of mortgage dated December 15, 2000, and
recorded in the records of the office of the County Clerk and ex-officio
Register of Deeds in and for Lincoln County, State of Wyoming, on December
29, 2000, in Book 457PR, at Page 633 (Reception No. 870506)], by advertisement
and sale as provided under the provisions of Wyo. Stat,.Secs. 34-4-101, et seq.
(LexisNexis 2003). The Mortgage was foreclosed byreason 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 fore-
closure sale as follows:
Richard A. Johnson
Post Office Box 7255
Jackson, Wyoming 83002
CM ~7002 2410 0000 4928 7039
Richard A. Johnson
247 Buckskin Way
Etna, Wyoming 83118
CM ~ 7002 2410 0000 4928 7046
Richard A. Johnson
c/o Lincoln County Jail
1032 Beech
Kemmerer, Wyoming 83001
CM # 7002 2410 0000 4928 7053
Loraine M. Leonard
Post Office Box 7255
Jackson, Wyoming 83002
CM ~ 7002 2410 0000 4928 7060
Loraine M. Leonard
247 Buckskin Way
Etna, Wyoming 83118
CM # 7002 2410 0000 4928 7077
Occupant
247 Buckskin Way
Etna, Wyoming 83118
CH ~ 7002 2410 0000 4928 7084
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 22, 2003, and the date of the first publication of
the notice of foreclosure sale was October 16, 2003.
A-1
FURTHER AFFIANT SAYETH NAUGHT.
~ J. McCALL ~
Of Brown, Drew & Massey, LLP
Ohio Oil Building
159 North Wolcott Street
Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and sworn to before me by Dorm J. McCall
this ~ day of November, 2003.
Witness my hand and official seal.
My Comm-i ssion Expires:
- MyCommlsslon ExpIres_2-11-~2005_ _
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ElltIBIT B
PUBLI SItER" S' AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Donna Kay Fatheree 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 /.'~; '/~j
day of/~tq~~ ,2003 and was published in each succeeding week until the
~/9z"d day o /~.-~..~ ~ ., 2003 being a period of successive
week(s). That said newspaper is published week on Thursday of each week.
Subscribed and sworn to before me, the
t "FORECLOS~ SJiLE NOTICE ,~"-,'",:' ;' ' '
~.-: V~. HEREAS, defiult ~n the payment of prmmpal an'~'fi~terOst hag 0ee6rred '
u~der tl~e iem~s of ~ promi'ssorym~ite (~e "N6 'e':~' ~'d~rtb'd; ~de:~ ~ '~O0~["
esvcuted and dellx ered b7 R!cDat4 A. ~ohnsim(:i~:~m[l'eoers6n~tai~d L~i'rfii~e -
g[~ ~o~[ard, a ~:[}gle person, to ~ells ~arg0~I.!0me Moilgag~i.:Me,~:afld a rea}
estraE'mbrtgage'ftbe~ "Mg?t~?~ge"Y'dfthe same date securing'tim Note. whicli
Mortgage was executed and delivered bg.,b~oggag~!r~,~J!a01cd ,~cbar[! A .
Joh2$on, a single perso% and Lorraine M, Leouard, a si ~gleperson, to Mort-
g~g6¢, named Wells F~ho Home Mortg~gea [ ~q, ?d[~Wlijch Mo~gage was-
recor~qd m the re,cords oI~the office otJhe ~dun~ ~Jerg ~nd.~c~¢offit}~0 Reg- .
2~, 2000, iu Book 457PR, at Page 616 (Reg~pti~n No..870505);,and
bgen duly assigned tk)r value py..w~lls,~?go, H0m~Mbagag$ ~nc. t0 Wy0-
m}ng Community Deve!opjn. OniAutho[i~55bS; th~)~3d6fs:&m4~t~of such ~ote
told lite execution and delivery of an asslgmneh[ bF m0hgagE~&~ed Decem-
ber 15. 2000. and recorded in the records of the office of lhe~ County Clerk
day of .~ .-~~{~ , 2003.
vi- Diana Lynn Mackinen
Notary Public, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
NOW. THEREFORE, Wyoming C0nunnnity'Developmeot Authority as
the owner of the Note and Ihe Mortgage,, will have file Mortgage foreclosed
al?d ex-offici o Register of ,Deeds m a.0d forLinc0h] County, Sthti~ ;of Wyo-
ming, 0n 'DeceqSer..29, 2~, in B96~ 457pR.'at Page '6~$4Rec~pti6n No as by law provided by Causing the moagaged property t0 be sold at public
8705063: and ' ' .... ~,'~ ~''' ~': - · vendue by the Sheriff or Depmy Sheriff in and for Lincoln Coumy, State of
............... , · . - . .. · .... X')25:..:-.~ ~: ; . .~ , . _ Wyoming ;o the highest bidder for cash at 10:00 o'clock in the forenoon on
debt secured by the Moltmm'e br any n"t~'tliere0f' n;i'-'fi~s *~,,.'~",-~ ;.;; .... descnl~d amounts secured by the Mortgage, ?aid mortgaged property ~ing
. -: . . ~ ~ , , ~' ..>,: ....:,.,. ~.. j ~,..u¥.,, ~u,, ~ tlescd~d as fi, lows to-wi~: ,; : : '
proceeding been instructed and the'same'discontinue'd; and .,'.." ; ', t ..~ 9e - - · .'. . ,
WHEREAS written notice ofintent'ff~'¢~J~5;~;~'"'~(Z:~--i ~ ~ , , ~ ..... ~ Nordic Ranches D~v~s~on No 7, Lincoln Count~,
, , c..,. t.. ~t ....... ac me Wloftgage Dy aavel~ , · - ·
ti ..... , :-~. >i: ,:':, ~,.. / . %yommg accordme to the ohtt tiled May 8 1996 lnstm-
semeut ano_s?e nas oeen serveo ~]~O~oe rec6'ra,owner,.'~iiO(tg~,pmly in ,, . ...... ~.. ~ ...... ~ . ~, 4 ,~ · -' .; '; - ,',
puSScSSIO~ olme mor~ffageo premise8 at.least ten ilO/aavs prior to;the c0nl~ ~.~ ~ .~ ~. ~ , ; . ..
~ , · .... ~'~'"..:,~-::J .' ~..', ~:j ....... ; ' &,.~.ukskln~ha Etna ~' o-IIIn 8311 . ...,
nencement ol th~s pubhcat}on, al)~ th~ ount due upon the Mo~teae~ on the [ ......... ,.,- ,'
amount ol $6 501.96 pI~s outstandiqg late charge~ih Ibc'total -amoqnt of . Brown Drew' [~'M'assev LLP
$356.57, plus miscella~g6hg'[e~ in the t0tal amoii:~'f,~f$35,00;;plu's~'fih es: .~ ,. ]... , ' ' ~" ~: .
-:'row d~ficienc '~""~' ">** '.q:,.&*.; .~~$~.~.'.'~ ' ¥.,~';'",' ~"*~ :..,' ....... . ' .... , .' · , ..'. :,;'.-, ...... Oh o Dfl Bufidm
~.-.. .'y;.~b.:r~a!:pJ~O~.~:tlg~ ·., ';~. eeO?and mortgage, insurance ' ,. . . , .. . g
~mmiums advat,~g:4'i~- th';:'~x;g:a"~a*'*:',;4- ~- ', ' '. ~ · [ n,, ......... ,, ,e.-,,r-$u~t~0D, 159 Nm-th Wolcott Street
v~, ; ~. ~ ~[~.~,~?,~u~n./~, pros attorneys rees~
;9sts expended, and acc-ming~mt~r6~taad late'cbmges after the date of firgt O~tober 16 23 30 Novembei'6 .. ' - · - ,. ' ~ ' ~ 1016C.
poblicadon o~tbis notice-of sbic; :.' : '; .' , ._. ' · ', __ ' ........ ?:.,....? ,.; _
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E~IBIT. C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING
COUNTY OF NATRONA
)
) ss.
)
. DONN J. McCALL, of lawfuI age, being first duly sworn upon his oath,
deposes and says:
1. That he 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 of record, Wyoming Community
Development Authority, in a procedure to foreclose a certain real estate mortgage
dated December 28, 2000 (the "Mortgage"), and recorded in the records of the
office of the County Clerk and ex-officio Register of Deed in and for Lincoln
County, State of Wyoming, on December29, 2000, in Book 457PR, at Page 616
(Reception No. 870505), wherein Richard A. Johnson, a single person, and Loraine
M. Leonard, a single person, are the named mortgagors, and Wells Fargo H~e'~
Mortgage, Inc. is the named mortgagee [said Mortgage having been assigned for
value by Wells Fargo Home Mortgage, Inc. to Wyoming Community Development
Authority ~ that certain assignment of mortgage dated December 15, 2000, and
recorded in the records of the office of the County Clerk and ex-officio
Register of Deeds in and for Lincoln County, State of Wyoming, on December
29, 2000, in Book 457PR, at Page 633 (Reception No. 870506)], by advertisement
and sale as provided under the provisions of Wyo. Stat. Secs. 34-4-101, et seq.
(Le~isNexis 2003). The Mortgage was foreclosed by reason of default having
occurred under the terms of the note secured thereby.
2. That Brown, Drew & Massey, LLP, as attorneys for said mortgagee,
will charge said mortgagee fees totaling $950.00 as compensation for services
actually rendered in the foreclosure proceeding and in the related bankruptcy
case of mortgagor, Loraine M. Leonard; and that in addition, said mortgagee will
be charged by Brown, Drew & Massey, LLP for necessary costs and expenses of the
foreclosure sale and the realted bankruptcy case of mortgagor, Loraine M. Leonard,
in the sum of $697.12, which sum consists of thefollowing:
Bankruptcy Filing Fee and Costs
150.17
Statutory Notice Costs
74.95
Cost of Advertising Foreclosure Sale $ 357.00
Title Services and Search Fees
55.00
Fees of Lincoln County Sheriff for
Conducting Foreclosure Sale and
Executing Sheriff's Deed
$ 20.00
Recording Fees for the Certificate
of Sale and Sheriff's Deed
40.00
3. That the above-mentioned fee for services rendered and the
above-mentioned costs and expenses incurred in connecti°n with'~th~/-forecldsure-
sale and the related bankruptcy case of mortgagor, L~ain~M. Leonard, shall
be retained entirely by the law firm of Brown, Drew & Massey, LLP. There is
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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 and therelated bank-
ruptcy case of mortgagor, Loraine M. Leonard, by an attorney admitted to practice
in the State of Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT.
J. McCALL
Of Brown, Drew & Massey, LLP
Ohio Oil Building
159 North Wolcott'Street
Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscrdibed in my presence and sworn to before me by Dorm J. McCall
this ~ day of November, 2003.
Witness my hand and official seal.
My Commfssion Expires:
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