HomeMy WebLinkAbout898452 ~0~.~ . p.,, .,:,L~!...... ~, ECE IVED
t_iNCOLN CO[J~,ITY OLERK
CERTIFICATE OF SALE
STATE OF WYOMINE¢ 9
COUNTY OF LINCOLN )
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
Lincoln County,
capacity as such.
That he is the duly elected and acting Sheriff in and for
State of Wyoming, and makes this Certifica[e of Sale in his
2. That a default has occurred under the terms of (a) that
certain promissory note dated December 18, 2002, executed and delivered by
Cody Zane Woods, a single person to Wells Fargo Home Mortgage, Inc. and (b)
that certain mortgage dated December 18, 2002 (the "Mortqaqe"), securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on December 23, 2002, as/in Book 507 at Page
910 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 34, 35, 47, and 48 of Commissary Ranch, Unit J,
Lincoln County, Wyoming as described in the official
plat thereof.
with an address of
365 WillowWay, Kemmerer, WY 83101
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Wells Fargo Home Mortgage,
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 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 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 March 18, 2004 isSue of said
newspaper and ending with the April 8, 2004 issue thereof; that said notice did
comply in all respects' with the requrements of the .statutes relating to
foreclosures of mortgages by advertisemen{ 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 April 13, 2004 at 10:00 o'clock in the
forenoon, at the front door of t~e Linboln '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
12690 Certificate of Sale
Woods 21309-0857 [03.-09-12346]
Page 1 of 7
that the highest and best sum bid
fo~ said real property was the sum of
~85,950.29 ("Bid Sum"), which Was bid"and-offered by Wells Fargo Home
.Mort.qac:le, Inc. ("Successful Bidder").and 'thai a'fter soliciting and calling for other
and higher bids therefor, and receivin.g 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 propeedih'g, said attorneys having made an affidavit
as require, d by the statutes of the Stat~ of Wyoming, a copy of said affidavit being
attached hereto as Exhibit C, and-by this reference made a part hereof.
8. That the §ale Of the above-described real property was made
in full compliance with the provisiorls 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 April 13, 2004, the date of the sale,
unless the property shall have been't~edeemed as provided by law prior to that
time.
DATED at Kemmerer. i. Lir~coln County, State of Wyoming, this
13th day of April , 2004,
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print N'ame: .-.~44,-.,.--/
/
12690
Ce rtificate of Sale
Woods 21309-0857 [03-09-12346]
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ACKNOWLEDGMENT
STATE OF WYOMING' )
) ss.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
D.epLLt.y Sheriff of
~._..."~ ~0.._ , 2004.Linc°In
instrur~.ent wa~s subscribed.,in..my presence
County,- State of wyom~"i-~-, thiS I:-~ day
and
of
Witness my hand and official seal.
\~ublic
My Commission Expires:
12690
Certificate of Sale
Woods 21309-0857 [03-09-12346]
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGF
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 December 18, 2002 (the
"Mort,qa.qe"), and recorded on December 23 2002 as/in Book 507 at Page 910 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 Cody Zane Woods, a single
person ("Mortgagor(s)"), the named mortgagor(s), and Wells Fargo Home
Mortgage, 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 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 3110 0001 4260 9317
Cody Zane Woods
365 Willow Way
Kemmerer, WY '83101
CERTIF ED MAIL NO.7003 3110 0001 4260 9317
Cody Zane Woods
365 Willow Way, Kemmerer, WY
83101
CERTIFIED MAIL NO.7003 3110 0001 4260 9270
Cody Zane Woods
P.O. Box 185
Frontier, WY 83121
CERTIFIED MAIL NO. 7003 3110 0001 4260 9294
Occupant
365 Willow Way
Kemmerer WY 83101
CERTIFIED MAIL NO.7003 3110 0001 4260 9300
Cody Zane Woods
7553 N. 723O W
American Fork, UT 84003
CERTIFIED MAIL NO.7003 3110 0001 4260 9317
Bary Nordenstron
5268 S. 2150 W.
'Roy, UT 84067
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 8, 2004 and the date of the first publication of the notice
of foreclosure sale was March 18, 2004.
12690
Certificate of Sale
Woods 21309-0857 [03-09-t 2346]
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FURTHER AFFIANT SAYETH NAUGHT.
_ (~ .POJ~?e~R~..pleY0.
of Brown, Orew & MasSey, LLP
'1.59 North Wolcott, Suite 200
Casper, Wyomin§ 8260'1
(307) 234-1000
_Subscribed iA my presence and sworn to before me by P. Jaye
Rippley this qq..b day of j/) AA.i J--. ,2004.
Witness my hand and official~l~Q_ w-'Z-~lC-/~X' ~
Notary Publi~ ~
My Commission Expires:
i C~ ~ Stateof [
.... .....
12690
Certificate of Sale
Woods 21309-0857 [03-09-12346]
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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 ./~ %'~
day of~/'~d/~,r,/~ 20 ~gy and was published in each succeeding week until the
/ t - ' '
~'-~/ day of _~/~/ ,20 /) ?/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
day of
FORE. CLOSURE SALg NO, TiCE' ","
WHEREAS, defafiit;ig'tl~e Payment of:p/i~Cjpa[ ahd interest has
hder the te~s of a p~9~)s~0~y:~ote ~,~ ~9},)~.a~j~c¢~b~'. 1 Ri; 2b~2:
xecuted and delivered by Cod~}'Z~e ~do3s. a'sih~l~ ~e;~;n ¢~0~g~[~d}"j
Wells Fargo H6me Mortgage, Inc~.. and a real estate mo~gage ([he
age"j of the same date Note. which Mort ~ and
h'otary Public, Lincoln Connty, Wyoming
My Commission Expires on
May 11, 2007
incoln Coun
ii~ d~fahl't~'th ~f
?erative and no suit or
in
5omar
t accrued to..t~,e.
re' eh'arges after ~he date' bf'
NOW,
iSertificate of Sale
Woods 21309-0857 [03-09-12346]
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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 $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.
of Brown, Drew & M~rs/sey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed jR my presence and Sworn to before me
this..~..- day of._/~ by P. Jaye Rippley
_¢A.C¢.., , 2004.
Witness my hand and ~, se!~, ~~]/k.~
Not,Public 0
~KER - NOTARy PUBLIC ' ~
12690
Certificate of Sale
Woods 21309-0857 [03-09-12346]
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