HomeMy WebLinkAbout897023STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
RECEIVED
LIN00LN ¢0UNTY 0LERI;(
897023
)
)
4O4
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 inhis
capacity as such.
2. That a default has occurred under the terms of (a) t. hat
certain promissory note dated May 31, 2002, executed and delivered by Al
Russell and Kelli Russell, husband and wife to Mortgage Electronic Registration
Systems, Inc. and (b) that certain mortgage dated May 31, 2002 (the
"Mort_qa.qe"), securing said note, which Mortgage was executed and delivered by
said mortgagor(S), to said mortgagee, and was recorded on June 14, 2002, as/in
Book 491 PR at Page 849, 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 7 of Misty Meadow Estates Subdivision within the
E1/2 of Section 22, T36N, R119W, as said
subdivision is laid down and platted in the office of the
Lincoln COunty Clerk, Lincoln County, Wyoming
with an address of
105 Misty Meadows Lane, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appUrtenances thereto.
All in the records of the County Clerk.and ex-officio Register of Deeds in and for
Lincoln County, Wyoming. : ',
3. That no sui't 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, Mortgage Electronic Registration
Systems, 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 rec°rd 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,-~s 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 December 18, 2003 issue of
said newspaper and ending With"the january 8, 2004 issue thereof, and again
once a week for four (4) consecutive weeks, commencing with the January 22,
2004 issue of said newspape'r and':'ending with the January 29, 2004 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.
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6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On January 30, 2004 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 ef 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
$ 273,372.4t : ("Bid Sum"), which was bid and offered by
'JOHN R. TERRY :. ':',' ...... ("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 $500.00 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 'n 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 afte'r January 30 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DATED at Kemmei"er,"Lincoln County, State of Wyoming, this
30TH day of JANUARY : 2004.
.Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
'Print'Name:
Title: DEPUTY SHERIFF
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~I0 6
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
ACKNOWLEDGMENT
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
JANUARY ., 2004.
instrument was subscribed in my presence and
by CLIFF 'BOYD ,
County, State of Wyoming, this 30~:H day of
Witness my hand and official seal.
My Commission Expires:
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407
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 31, 2002 (the "Mort.qaqe"),
and recorded on June 14, 2002 as/in Book 491 PR at page 849 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 Al Russell and Kelli Russell, husband and
wife ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic
Registration Systems, 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 Mortgage by
advertisement and sate 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. 7003 1010 0005 5711'6223 CERTIFIED MAIL NO.7003 1010 0005 5711 6216
Al Russell ' Kelli Russell
105 Misty Meadows Lane 105 Misty Meadows Lane
Etna, WY 83118 Etna, WY 83118
CERTIFIED MAIL NO.7003 1010 0005 5711 6162 CERTIFIED MAIL NO.7003 1010 0005 5711 6179
Al RUssell Kelli RuSsell
P.O. Box 5016 -, 74150 Setting Sun Trail
Etna, VVY 831.18 ..... Palm. Desert, CA 92260
CERTIFIED MAIL NO.7003 1010 0005 5711 6i86 .'" CERTIFIED~ MAIL NO. 7003 1010 0005 5711 6209
Mary Jane McCann '-: L)c:cupant
35487 Summerland AVe. ' "-' 1'05 Misty Meadows Lane
Palm Desert, CA 92211 Etna, WY 83118
CERTIFIED MAIL NO.7003 1010 0005 5711 6155.
Bressler Insulation and Supply Co.' ""
P.O. Box 1129
Wilson, WY 83014
3. That the date of mailing 'of the nOtice of intent, to foreclOse
the Mortgage was December 2, 2003' and the date of the first publication of the
notice of foreclosure sale was December .'18,: 2003.
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FURTHER AFFIANT SAYETH NAUGHT.
4O8
· V (~ _Jaye Ril~l~y ('~
.: Of·Brown, Drew & Massey, L%P
. ~. 159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed~i%my presence and
,~ ~day o~/ ~~,, 2004.
Rippley this,.., ,,. ~ ~ 0
sworn to before me by P. Jaye
Notary--~ublic- -- 0 ~ -
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Kathleen Rosas 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 //l~'5g/j
day of~, o~/~/6~ ~ ,20 ~9~ and was published in each succeeding week until th'e
day of ~/~/~/ ,20 t~SV being a period of ~//
successive week(s). That said newspaper is published week on Thursday of each week.
Subscribed and sW6~n to before me, the _~.,9 day
.~e!i~rea
~lay'3.l, 2002,
Notary
Of the
Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
I, Pi.as)an
2004;
t0{,w, it!-I,
have
[ic~:~
mg ..
the fore~o6n 6n January 15,
Ce~tificate of sale'
Russell 21309-0952 [03-12761A]
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EXHIBIT b
_P_U_B L! S HER'S. AFFI DAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Kathleen Rosas 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
day of (F~2/?~dr~.~./F// ,20 c~9'~'/ and was published in each succeeding week until the
.c~ C//~ day of/~/~/~_~// , 20 ~7~ being a period of
successive week(s). That Said newspaper is published week on Thursday of each week.
Subscribed and sworn to before me, tile day of
20
and wlf~
..Diana Lynn Mackinen
Notary Public, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
luled
~?or January 15 2004; at I0 00 a m, at th'e }'r0n~ door.~c}~the~Lincoln Count~
' ;Cot rtho~s% m thd~jty~of. Ke~er~.:'LmcoM ~ou~tate of Wyo~n~
.:. :~as been po~poa~a'to lanu~y 3O~'2OO4~::at::lO ~ a m:.'.,~t'th~ ftofitdoor:.of the
;:: ~ncolff ~ounty Courthouse ,Ke~{fCt=:U]neoln ~an~; State:Of'~y0mln~
: i ':7 ~, ' '~v.,?',.'~..-'; ;, 73~oagag'~ ElectrOnic R~gYg~ati6dSygte~g~ I~
~ -': ,:,:7'' : .~.::.::::; ¥. :,:- , ' :.
~ " .... ~" ' :~:~' ~ '~ ~'~"-~ 4' ~ks ~.~4,:B;°wn~~Drew & Massey LL~
~'~ ,,~' '' :; ..;: ~:.:~]~;;; ~; ::~.; ::;:";~::~.;~0~cott street Sute 200
~ .~'~ .... . ;,. ~;a~' ~};y e~. ,'~'-~ :.:,V¥~: ? Casper WY 8260[
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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 $500.00 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 fore'closure 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 0. Jaye'R~p~ey'~]
of Brown, Drew & Masse~, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
" ' (307) 234-1000
this
Subscribe~i? my presence and sworn to before me by P. Jaye Rippley
day o~, 2004.
Witness my hand andZfff~l'al seal. /~
N0-'~'Public - 0
Counly o! ¢'~;~i?"?~ State of
Natrona ~. ~,; ~ ~,yon'ing
My Commission I:'x~re~ Sept 17, 2~
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