HomeMy WebLinkAbout897186STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
897186
)
.)ss.
RECEIVED
LINOOLIq (,:O!..ItqTY OLERK
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 November' 25, 1996, executed and delivered by
Darrell Williamson, an unmarried person to Republic Mortgage Corp. and (b) that
certain mortgage dated November 25, 1996 (the "Mort_qage"), securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on December 2, 1996, as/in Book 391 PR at Page
310, 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 4 of Block 17 of the Original Townsite
of Afton, Lincoln County, Wyoming being a part of that
tract of record in the Office of the Clerk of Lincoln
County in Book 114 of Photostatic Records on page
425 and including that tract of record in said Office in
Book 160 of Photostatic Records on page 331
described as follows:
COMMENCING at a Ivan L. Call Registered Land
Surveyor No. 274 Mueller water cap with brass
hexagon bolt at the approximate intersection of
Adams Street and Fourth Avenue;
thence N01° -45' -56"E, 214.50 feet within the right-of
-way of said Adams Street to a PK nail;
thence N87° -58. 0'W, 49.50 feet, more or less, to the
POINT OF BEGINNING on the East line of said Lot 4;
thence continuing N87° -58.0'W, 221.54 feet, more or
less, along the North line of those tracts of record in
said Office in Book 90 of Photostatic Records on
Page 407, Book 138 of Photostatic Records on Page
.306, Book 145 of Photostatic Records on Page 185,
and Book H of transcribed Uinta County Records on
Page 609 to a point; .
thence N01° -25.0'E, ?62.56 feet along an existing
fence line to a point;
thence S88° -20.2'E '122.34 feet along the South line
of those tracts of record in the said Office in Book 175
of Photostatic Records on Page 440 and in Book 102
of Photostatic Recof'd~ on Page 541 to a point;
thence S01°-31.5'W, 84'.39' f~et along the West line of
that tract of record in':'~id Office in Book 57 of
Photostatic RecordS on-Page 499 identical with an
existing fence line to a point;
thence S88° -56.1'E, 99.84 feet, more of less, along
the South line of said tract of record in Book 57
identical with an existing fen'ce'to an intersection point
on the said East line bf Lot 4; ' ' '
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012
thence S01 ° -45'-56"W, 80.64 feet along said identical
line to the POINT OF BEGINNING;
each point marked by a steel T-Shaped stake 24"
long with a metal cap inscribed "PAUL N. SCHERBEL
RLS 164 SURVEY POINT'S;"
with an address of. . /:
366 Adams St. Aft0n'WY 83110
Together with all improvements thereon situate and
all fixtures and ap. purtenanoes.thereto
The mortgage was assigned for value.'asf°llows:
Assignee: PHH US Mortgage Services
Assignment dated: November 25, 1996.
Assignment recorded: December 2, 1996
Assignment recording information; Book 391 PR at Page 317
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: June 14, 1999 r ..
Assignment recorded: July 6, 1999
Assignment recording information: Book 432 PR at Page 574
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. p~-oceeding 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 Wr'itten' 'notice of the intention to foreclose the
Mortgage was served upon the r~cord OWner and the party in possession of said
real property at least ten (10) days Prior'tO .commencement of the first publication
of the foreclosur.e sale notice, .as shbwn by the affidavit attached hereto as
Exhibit A and by this reference madb.a part'hereof.
5. That Mortgagee has'. caUsed publication to be made of a
notice of foreclosure sale in the Kemmere~ Gazette, a newspaper published and
having general circulation in Linco!ri'County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing.with the January 15, 2004 issue of said
newspaper and ending with the February 5', 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 pad. hereof.
6. That on the date, and at the time and" place specified in said
notice of foreclosure sale., to-wit:'..On February 10, 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 thel:e Calling for bids on said real property; and
that the highest and best sum bid for said real property was the sum of
~ 73,785'00 ('tB!d;Sum"), which was bid and offered by
Mortgage Electronic Reqistration 'SYstems, . Inc. ("Successful Bidder") and that
after soliciting and calling for other and' I~igher bids therefor, and receiving none
from those attending upon the sa!e,'said 'real property was struck off and sold by
the undersigned to the Successful Bidder for' the Bid Sum; and that the Bid Sum
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was thereupon paid and the sale of said real Property was then and there
completed.as by law provided. ,~
7. That the sum of $6.00.00 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.°f the above-described real property was made
in full compliance with the provisio.ns ofthe 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 10,. 2004, 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
day of ~-~i_-_-~Ft,t_O_ ~, 2004.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
/; ¢ I
'Title: 'J ~../,/ ~/~
f /
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ACKNOWLEDGMENT
'?:';"-_. O14
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was ~s.~bscrib_9¢ in my presence and
acknowledged before me
Deguty, Sheriff of Lincoln
Court ,t~ta~f Wy ~O,,~g, this t~--day of
¢__._ Cj~ .~, ,2004.
Witness my hand and official seal.
My Commission Expires:
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015
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 November 25, 1996 (the
"Mortga.qe"), and recorded on December 2, 1996 as/in Book 391 PR at Page 310
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 Darrell Williamson, an
unmarried person ("Mortgagor(s)"), the named mortgagor(s), and Republic
Mortgage Corp. is the named mortgagee, which Mortgage was assigned for
value as follows:
Assignee: PHH US Mortgage SerVices
Assignment dated: November 25, 1996
Assignment recorded: December 2, 1996
Assignment recording information: Book 391 PR at Page 317
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: June 14, 1999
Assignment recorded: July 6, 1999
Assignment recording information: Book 432 PR at Page 574
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. 7003 1010 0005 5711 5462
Darrell Williamson
366 Adams St.
Afton, WY 83110
CERTIFIED MAILNO. 70031010000557115486
Occupant
366 Adams St.
Aflon, WY 83110
CERTIFIED MAIL NO. 7003 1010 0005 571'1 54~9
Darrell Williamson
P.O. Box 1150
Affon, WY 83110
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016
3. That the date of mailing of the notice of intent to foreclose
the Mort§a§e was November 26, 2003 and the date of the first publication of the
notice of foreclosure sale was danuaq/15, 2004.
FURTHER AFFIANT SAYETH NAUGHT.
' U ¢. Jay~R~pl¢'~)
of Brown, Drew & MaTsey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed ~].my presence and
Rippley this E~~-day of ~,..~}~,-~'~, 2004.
Witness my hand and offici/al~al.
sworn to before me by P, Jaye
My Commission Expires:
~ - NOTARY PUBLIC"'.,I
J Cou.ty of ~ State of I
My Commission Expires Sept 17 2006
[ ..................... :d..~ ..... :_'. .... t
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EXHIBIT B
PROOF OF PUBLICATION
THE STATE OF WYOMING }
· }ss
County of Lincoln
01'7
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 publisl!ed on the .~(/~
day of ~/~/2~,~ r/~/ ,20 tSP~ and was published in each succeeding week until the
~ day o ,.~ ~' ~/ 20 <;2,¢/ 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
20 Oy/
sAL~ '
s occnixed
under the , note (the "Not
executed and
("Mortgago~:(s)") to' Mortgage Corp., and a real estate mortgage
(the ~'M0rtgageV) of the Same date ~ecuring the Note, which Mortgage Was
executed and delivered by.said Mortgagor(s), to ~aid Mortgagee, and whic~
Mortgage was.recordedon December 2, 1996, in/as BoOk 391 PR at Page
310 in the records of the office of the County Clerk and ex-officio Register
Deeds in and for Lincoln County, State of Wyoming; and
WHEREAS, the mortgage wa~ assigned' f0r'~alue,as fp!lows:
dayo ~,~:~/~./ ,
F-'/~'~' Drama l~yn~J ~la~cldnen
Notary Public, Lincoln County, Wyoming My Commission Expires on
- May 11, 2007
That part of Lot 4 of BloCk 17 of the Original Townsite of
Afton. Lincoln County, Wyoming being a part of that tract of
record in the Office of the Clerk of Lincoln County in' Book
114 of Photostatic Records on page 425 and including that
tract of record.in said Office itt Book 160 of Pho. tostatic
Records on page 331 described as follows:
COMMENCING at a Ivan L. Call, Regisfered Land Surveyor
3(~i~[;~ Cea~;h~t7 ~%b;'~'~ ';;96 ,.['. aPPr°ximate° interse¢!ion, Of. Adams Street and Fourth Avenue;
· , ' .~. , . '. ,,' :,, ~ E" - ·thenceN0t --4Y-56"E, '2114.50 feet within'theright-0f-wa
Assignment recording mf6rmatmn:-Book 391 PR at Page 317 . , ::'::, of said Adams Strd~t to ;a' PI~ nail;
:.. .... ,:,As.s]gnm,ent r_e.c0rd~ipg m. [~,miEt!?!!:,Bo0k 43.2 P&R a~ rage.574 ,..';' _ .along the:'.l~. 0~h'hff~;~ tbfi&e tracts of record in said Office ih
. ,,ut m.mCrecoras ot the county uerk and ex-offiCto t~egtster of Deeds in'~' , Book 90of Ph0to~atlk'Record
and for Dncoln Count W mmn ...... · ..... - ', ~ - .............
..... Y. .Y, , g' · .<";': ~' · . Photostatm Records 6~a'Pa e-3
, REA& the Mortgage contmns a power of sale which by reason of- Records On Pa.e 185 'hrid Bd0kH bf ira-;;-~:;~-0,~ '~ .~;;,
satd default,,theowner of the Note and the Mortgage declares to have becon~e,.. ' · County ReCords 6fi;P~ige 609 to a fi0int;
'debt secured:by the'Mdrtgage 0)~ afiy'~a?t'~hei:eof nor has<an.~ such snft &~ ~ ' "'"to a ./~int ; '
proceeding b~,e.!} ~!~,tuted and the:Saiiie,df~contmued, and fi- " thence ~°° ........ .; .:~ ~ _ . '. :, , ,.. -
................. ~.. .... ' ~ -' .... ooo -z. tt/~ ~ 1 ~'~ 2,.q- lee[ aloilg [ne .h, outn Hoe oi' those
: .::.i:WI-lEREA~i',~hited n0fi~e.:0'flfit~'ti{;¥6'f6reci6se the'Mort a e b advr. ' th "
la g g p s at mast ten.[ltJ) nays pr]or t0tllec0m'- on Pa--- Ca~ )~, .... ) ' ' < : ' . '. ' .... ·
mencement of th, spubhcation andthemn0untdlmup0ntheMOrt~,a,,e-0fit§e'. - the__~ ~,-,,o ~, ~ ..... ~.... ~ '
date°ffirstpUbhcatmn°fth's n°t'ce°fSalebemgrthetotalsurfi'6f$72 670 0J' : :'~:'irhi:~ of~o-o,~a :.; ~:~, r~m.._ :_ ._g~ ......... ot. th..at
$6 181.00 plus late charges in the amomit of $269 28 'plus'&n e~er0~ a&"' (% thence ~88° 36 f u or, '~,'i'r_~': _
,vancq in the amount of $1,980.12 ·Plus other outstand~g Ch~g~'in th6 amount'- 't line of said trafit O~-record in B
of,$,.2 2g~ ,plus gttomeys,.fee.,s, costs, expended, and accmmg interest an0. ';· - : in~, fence tn ~. iv, d.e.o~,;Ag..~
_ late charges after the date of'first ~ubllcatlon'0f this n0tfe~'of sale.': . ~ :: ? ¢ · '~t '"" ~fh~"~.."~rHo '. ....... . '
.. : .NOW, THEREFORE Mortgage Ele,c~romc Reg~strahon Systems, Inc., a.. -"',, to the'POlbrr~ ,OFBEGI, NNINQ;
~ ~bJula. w .p, ro~,ded.~y ca..u.s,n.g t.h,e m~gaged property to be ·sold at pub[i?,, .:..¢ ~"' ','~.~nid~al Ehp i~s~dbed "PAUL N. SCHERBEL RLS
· n evytoe~nenaor~eputy~nerininandfor. Lincoln County, Wymnin~g~':'~, · v,E,,YPOINT~ ,~,.,,.,;i,k,~? :~:?'32:~?. ',"
, ... ,, ' on Febmafy : ~ ~ ,~than address of~366 dams.St? 'Aft -'ti~;' · .... ~' ...... ~
Li,Coln c0~nt,~ w~,;fii" e ., ; ? T6gether w~th all [mprayCtnents:thereon.s~tua~-~d;all.fi;Xt{Ji:eg,}and:~"~iJi~.~
, a, a 1 n
ication on the' above-described aniount§';- ' tenances thereto..' : .': , :? '.i;,, ' -: i" ' ..' '
9585.doc Cerlificate o! 5ale
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF VVYOMING)
)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-mentione'd 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.
of Brown, Drew & IWa'ssey,
LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed,.i,n my presence' and sworn to before me by P Jaye Rippley
this ~"P~ day of ~~.,,.~44~200:4..
Witness my ha,n'd' ~ iai seal. /~ '
· '"Nd~ry Public 0 '
My Commission Expires:
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