HomeMy WebLinkAbout897117CERTIFICATE OF SALE
STATE OF WYOMING ')
)ss.
COUNTY OF LINCOLN )
897117
BOoK.
REOEIVED
LINCOLN COUNTY CLERK
0[, FICB - ro PH 2: 0
? 1 3 JE/- nNE WAGNER
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 June 25, 1999, executed and delivered by Debbie
Young and Robert Young, wife and husband to Advanta National Bank and (b)
that certain mortgage dated June 25, 1999 (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 30, 1999, as/in Book 432PR at Page 363,
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:
That part of Lot 2 of Block 2 of the Townsite of Auburn
of record in the office of the Clerk of Lincoln County
as Plat No. 110, more particularly described as Tracts
A, B and C described as follows:
Tract A:
Beginmng at the Northwest corner of said Block 2
where found a 5/8" steel reinforcing rod with
aluminum cap inscribed "SSLTD BIG PINEY WY
RLS164";
thence S 89°53.7' E 225.77 feet along the North line
of said Block to a point on the East line of the
NE1/4SW1/4 of Section 35, T33N R119W;
thence S 00°04.1' W, 167.51 feet along the said East
line to the Southeast corner of the said NE1/4SW1/4
found as described in the Certified Land Corner
Recordation Certificate filed in the said Office;
thence N 89°55.5' W, 227.20 feet along the South line
of the said NE1/4SW1/4 to a point on the West line of
said Block 2;
thence N 00°33.5' E, 167.63 feet along the said West
line to the corner of the 'beginning.
TOGETHER WITH an easement for ingress and
egress as evidenced in the Decree recorded
November 23, 1992 in Book 320PR on page 596 of
records of Lincoln County'Clerk:
Tract B: -
Beginning at the No[theast ~orner'of the SE1/4SW1/4
of Section 35, T33N R119W of the 6th P.M., Lincoln
County, Wyoming found as described in the Certified
Land Corner Recordation Certificate filed in the said
Office;
thence S 00°04.1, W, 166.48 feet to a point on the
South line of said Lot 2;
thence N 89°53.7' W, 228.63 feet along the said
South line to the SOuthwest corner of said Lot 2
where found a 5/8" steel reinforcing rod with
9456
Cediflcate of Sale
Young 21309-.0027 [03-5381A]
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714
aluminum cap inscribed, "SSLTD BIG PINEY WY
RLS164";
thence N 00°33.5' E, 166.37 feet along the West line
of said Lot 2 to a point on the North line of said
SE1/4SW1/4; ....
thence S 89°55.5' E,' 227.20 feet along the said NOrth
line to' the corner of beginning.
Tract C: : ,'
Beginning at the, Southwest corner of the
NW1/4SE1/4 of Section 35, T33N R119W of the 6th
P.M., Lincoln County, Wyoming found as described in
the Certified Land Corner RecOrdation Certificate filed
in the said Office;
thence N 00°04.1 F,' 167.51 feet along the West line
of the said NW1/4SE1/4 to a point on the North line of
said Lot 2;
thence S 89°53.7 E~ 106.53-feet along the said North
line to the Northeast corner of Said Lot 2;
thence S 00°33.5"W, 334.'00 feet along the East line
of said Lot 2 to the Southeast corner; thence N
89°53.7' W, 103.68 feet along the South line of said
Lot 2 to a point on the West line of the SW1/4SE1/4 of
said Section 35;
thence N 00,04.1' E, 166148 feet along the west line
of said SW1/4SE1/4 to the corner of beginning
with an address of
245 Worton Lane, Auburn, WY 83111
Together with all imProvements thereon situate and
all fixtures and appurtenadces thereto.
The mortgage was assigned for valUe as folloWs:
Assignee: Deutsche Bank Nation'al TrbSt CompanY, as CustOdian or Trustee f/k/a
Bankers Trust Company of CA., I{I~A.
Assignment dated: June 30, 2003 . . .
Assignment recorded: July 2.2, 2003
Assignment recording information: BOok. 527PR at Page 750
All in the records of the County Cl'e~k and ex-officio Register of Deeds in and for
Lincoln County, Wyoming.
3. That no suit:°r.'pr0ceeding has been instituted at law to
recover the debt secured by the M'0rtg~§e,. or. any part thereof.
4. That the poW,er. ,of sale contained in the Mortgage having
been made operative by reasonM.,suCh 'default,. Deutsche Bank National Trust
Company, as Custodian or Trustee f/k/a Bankers Trust Company of CA., N.A.
("Mortgagee") elected to foreclose the .same and at the request and direction of
Mortgagee a written notice, of the ipt'ention 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 by the affiS'av'it~ttaChed hereto as Exhibit A and by this
reference made a part hereof. .
5. That Mortgagee has'~;aused publication to be made of a
notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Linccjln' county',. State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the January 15, 2004 issue of said
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newspaper and ending with the February 5. 2004 issue thereof; that said notice
did comply in all respects with the, requ rements :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..February 6, 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 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
$107,100.00, which Was bid and offered'by Deutsche Bank National Trust
Company, as Custodian or Trust.ee f/k/a Bankers Trust Company of CA., N.A.
("SuCcessful Bidder") and that after solicitin'g 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 I.aw provided.
7. That the sum of $650.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgag.ee 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 February 6, 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DA~'Epat Kemmerer,"Lincoln County, State of Wyoming, this
'Lee. Gardner, Sheriff in and for Lincoln
COunty, State of Wyoming
Print N~me: ~~-~j~¢2 ~/c,~
Title:
9456
Cedificate of Sale
Young 21309-.0027 [03-5381A]
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7.! G
ACKNOWLEDGMENT
STATE OF VVYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
~____~&_~. ,2004,
instrume~tl was.sub._scr~bed~in my
Coun[y,' S~ate~Wyo~,--~-his .
Witness my hand and official seal.
presence and
(,('2 day of
My Commission Expires:
9456
Certificate of Sale
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717
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 modgage dated June 25, 1999 (the "Mort_qa.qe"),
and recorded on June 30, 1999 as/in Book 432PR at Page 363 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 Debbie Young and Robert Young, wife and
husband ("Modgagor(s)"), the named modgagor(s), and Advanta National Bank
is the named modgagee, which Mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, as Custodian or Trustee f/k/a
Bankers Trust Company of CA., N.A.
Assignment dated: June 30, 2003
Assignment recorded: July 22, 2003
Assignment recording information: Book 527PR at Page 750
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 Modgage 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 cedified mail, return receipt requested, mailed to the last known
address of the record owner and the person i'n possession at least ten (10) days
before commencement of the first 3ublication of the notice of the foreclosure sale
as follows:
Debbie Young '" Robed Young
245 Worton Lane 245 Worton Lane
Auburn, WY 83111 .Auburn, WY 83111
Debra Young
245 Worton Lane
Auburn, WY 83111
Debbie Young
cio Michael F. Chadey, Esq.
P.O. Box 1258
Rock Springs, WY 82902
9456 .
RObed S. Young
'245Worton Lane
Auburn, wy 83111
Robed Young
c/o Michael F. Chadey, Esq.
P.O. Box 1258
Rock Springs, WY 82902
· ~ .~ Oc~;U'pant
: '" 245 Worton Lane
~ .Auburn, WY 83111
Certificate of Sale
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0837':1.:i.' ;,' 718
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 28, 2003 and the date of the first publication of the notice
of foreclosure sale was January 15, 2004.
FURTHER AFFIANT SAYETH NAUGHT.
' (,J(~ Jaye' I~ip~ley(/)
of Brown, Drew & Masset]', LLP
i 59 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribedci~roy presence and sworn to before me by P. Jaye
Rippley this L/¢2p day (~ ~/, 2004.
official se . '
Witness my hand and.
Not'~-~'fublic~ 0
My Commission Expires:
9456
Certificate of Sale
Young 21309-.0027 [03-5381A]
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EXHIBIT B ?I 9
PROOF OF PUBLICATION
THE STATE OF WYOMING }
)ss
County of Lincoln }
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 /~,~
day of ~ ~ ~r ~/ ,20 O'! and was published in each succeeding week until the
/
~//' day of/-~z~r~ ar~/ ,20 o'/ 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. C5~ '~A day of
20oy
""%'-FO~CLOSU~ SALE NOTICE
WHEREAS, default in the payment of principal and interest has occurred
under the te.ns of a promissory note (the "Note") dated June 25, 1999, ex-
ecuted and delivered by Debbie Young and Robert Young, .wife and husband
("Mortgagor(s)") to Advanta National Bank, and a real estate mo/-tgage (the
?Mortgage") of the same date securing the Note, which Mortgage was ex-
ecuted and delivered by said Mortgagor(s), to said~Mortgagee, and which
Mortgage was recorded on June 30, 1999, in/as Book 432PR at Page 363 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
WHEREASi the mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust .Company, as Cus-
todian or Trustee ffk]a Bankers Trust Company of C.A., N.A.
Assignment dated:' June 30, 2003
Assignment recorded: July 22, 2003
Assigmnent recording infommtion: B ook527PR at Page 7~0
All in the records of the County Clerk and ex-officio Register of Dedds in
and for Lincoln County, Wyonfing.
WHEREAS, the Mortgage contains a power of sale which.by reason of
said default, the owner of the Note and the Mortgage declares to have become
operative, and no suit or proceeding has been instituted at law to recover the
debt secured by the Mortgage, or any part thereof, nor has any such suit or
proceedihg been instituted and the same discontinued; and
WHEREAS, written notice of intent to foreclose the Mortgage by adver-
tisement and sale has been served upon the record owner and the party in
possession of the mortgaged premises 9t least ten (I0) days prior to the com-
mencement of this publication, and the amount due upon the Mortgage on the
date of first publication of this notice of sale being the total sum of $127,629.20
which sum consists of the unpaid principal balance of $115,205.28 plus in-
terest accrued to tbe date of the first publication' of this notice in the amount
of $10,068.65, plus late charges in the mnoUnt of $477.51, plus an escrow
advance in the amount of $1,632.00, plus other outstanding charges in the
amount of $245.76, plus attorneys' fees, costs expended, and accruing inter-
est and late charges after the date of first, publication of this notice of sale;
NOW, THEREFORE Deutsche Bank National'Trust Company, as Custo-
dian or Trustee f/k/a Bankers Trust Company of CA., N.A., as the owner of
the Note and the Mortgage, will have the Mortgage foreclosed as by law
provided by' causing the mortgaged Property to be sold at public vendue b~
the Sheriff or Depuiy Shed';in and for Lincoln County, Wyoming to the
highest bidder for cash at 10:00 o'clock in the forenoon on February 6, 2004
at the front door of the Lincoln County Courthouse in Kemmerer, Lincoln
County, Wyoming, for application on the above-described amounts secured
by the Mortgage, said mortgaged property being described as follows, to-wit:
That part of Lot 2'of Block 2 of the Townsite of Auburn of record in the
office of the Clerk of Lincoln County as Plat No. 110, more particularly de-
scribed as Tracts A, B and C described as follows:
9456
- c/// " Diana Lynn Mackinen
Tract A:
Beginfiing at the Northwest comer of said Block 2 where
found a 5/8" steel reinforcing rod with aluminum cap in-
scribed "SSLTD BIG PINEY WY RLS 164";
thence S 89053.7' E, 2,25.77 feet along the North line of said
Block to a poiut on the East line of the NEI/4SWi/4 of Sec-
tion 35, T33N R119W;
thence S 00°04.1' W, 167.51 feet along the said East line to
the Southeast comer of the said NEI/4SWI/4 found as de-
scribed in the Certified Land Comer Recordation Certificate
filed in the said Office;
thence N 89055.5. W, 227.20 feet along the South line of the
said NE 1/4SW 114 to a point on the West line of said Block 2;
thence N 00033.5. E, 167.63 feet along the said West line to
the comer of the beginning.
TOGETHER WITH an easement for ingress and egress as
evide, nced in the Decree recorded November 23,1992 in Book
320PR on page 596 of records of Lincoln County Clerk.
Tract Bi
Beginning at the Northeast comer of the SEI/4SWI/4 of Sec-
tion 35, T33N R 119W of the 6th P.M., Lincoln County, Wyo-
ming found as described in the Certified Land Comer Re-
cordation Certificate filed in the said Office;
thence S 00°04.1' W, 166.48 fee[ to a point on the South line
of said Lot 2;
thence N 89°53.7' W, 228.63 feet along the said South line to
the Southwest coruer of said Lot 2 where found a 5/8" steel
reinforcing rod with aluminum cap inscribed, "SSLTD BIG
PINEY WY RLS 164";
thence N 00o33.5' E, 166.37 feet along the West line of said
Lot 2 to a point on the North line of said SEI/4SWl/4;
thence S 89055.5' E, 227.20 feet along the said North line to
the corner of beginning.
Tract C: -
Beginning at the Southwest corner of the NWl/4SEI/4 of
Section 35, T33N RI 19W of the 6th P.M., Lincoln County, '?~
Wyoming found as described in the Certified Land Corner
Recordation Certificate filed in the said Offi'ce;
thence N 00°04.1' E, 167.51 feet along the West line Of the
said NWI/4SE1/4 to a point on the North line of said Lot 2;
thence S 89053.7, E, 106.53 feet along the said North line to
the Northeast corner of said Lot 2;
thence S 00o33.5' W, 334.00 feet along the East line of said
Lot 2 to the Southeast comer; thence N 8o53.7' W, 103.68
feet along the South line of said Lot 2'to a point on the West
line of the SWI/4SE1/4 of said section 35;
thence N 00°04.1' E, 166.48 feet along the West line of said
SWl/4SE1/4 to the comer of beginning
with an address of 245 Worton Lane, Auburn, WY 83111
Together with all improvements thereon situate and all fixtures and appur~
tenances thereto.
Deutsche Bank National Trust Company, as Custodian or Trustee f/k/fi
Bankers Trust Company of CA., N.A[
By: P. Jaye Rippley
Browh, Drew & Massey, LLP.
159 Nor .: :.i::I Street Suite 200
~ ,z~gV~,' Wyoming 82601
OlllqA
EXHIBIT C
AFFIDAVIT OF ATTORNEY
720
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 $650.00 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 residin§ therein.
FURTHER AFFIANT SAYETH NAUGHT.
(U (~. Jay~ F~il~ple',~
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and Sworn to before me by P. Jaye Rippley
this/--ib~ day of ~2004.
Witness my hand and~l seal. /~
N-~-~ary Public ~
[--'~iI~OY"BAKI~R - NOTARY PUBLIC
County ot ~ State of
9456
Cedificate of Sale
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