HomeMy WebLinkAbout898994STATE'OF WYOMING .
COUNTY OF LINCOLN )
~aOOK __
cERTIFICATE OF SALE
RECEIVED
LINCOLN COUNTY CLERK
)
SS.
'JEA~'~''''''-' '.'"~' '" r~'t '-'-
Lee Gar.dner 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 August 16, 2000, executed and delivered by David
G. Monsen and Sharon L. Monsen, husband and wife to Wells Fargo Home
Mortgage, Inc. f/k/a First Security Bank, N.A. and (b) that certain mortgage dated
August 16, 2000 (the "Mortqa.qe"), securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on August 18, 2000, as/in Book 450 PR at Page 487, 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:
Part of Lot 3 of Block 7 of the Town of Afton, Lincoln
County, Wyoming, more particUlary described as
follows: Beginning at the Southeast corner of Said Lot
3 and running thence West 148.5 feet; thence North
20 rods; thence East 148.5 feet; thence South 20 rods
to the point of beginning less and except the following
described land: Beginning at the Southeast corner of
Lot 3 of Block 7 of the Town of Afton-and running
thence West 74.25 feet; thence North 165 feet;
thence East 74.25 feet; thence South 165 feet to the
point of beginning
with an address of
65 W Third Ave., Afton, WY 83110
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 ceason of such default, Wells Fargo Home Mortgage,
Inc. ("Mortgagee") elected to foreclose the same ann'-al the requ--est-and direction
of Mortgagee a written notice of the intention to foreclose the Mortgage was
served upon the recoi~d Owner and the paity in possession of said real'property at
Feast 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 April 8, 2004 issue of said
newspaper and ending with the April 29, 2004 issue thereof; that said notice did
comply in all respects with the requirements of the statutes '[elating to
foreclosures of mortgages by advertisement and sale; and that a copy of said
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Monsen 21309-1131 [04-3166]
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notice and the publisl~er'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 May 4, 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
.$76,669.96 ("Bid Sum"), which was bid and offered by Wells Fargo Home
Mort.qa.qe, Inc. ("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 lot 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 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 May 4, 2004, the date of the sale,
unless the property shall haVe been redeemed as provided by law prior to that
time.
day of DATE~7(,_.i~.,.. %at,:_.~Kcmerer , Lincoln2004 County, State
of Wyoming, this
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: v~/¢'/~;~,
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ACKNOWLEDGMENT
STATE OF WYOMING : )
)SS.
COUNTY OF LINCOLN )
The foregoing instrun~nt was subscr, jb~d ~n my presence and
acknowledged before me by ~;~'~i. LOr'h {.,(.(,,.~'(,t I,-[T'Y?£~5~
Dep~.~ Shffriff of Lincoln Couniy,. State of Wyoming, this
day
Oi
~19/o ~'/, ~oo4. · · ·
~ Witness my hand and °fficial seal. '
My Commission 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 )
Timothy M. Stubson 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 in a procedure to
foreclose a certain real estate mortgage dated August 16 2000 (the "Mortqaqe"),
and recorded on August 18, 2000 as/in Book 450 PR at Page 487 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 David G. Monsen and Sharon L.
Monsen, husband and wife ("Mortgagor(s)"), the named mortgagor(s), and Wells
Fargo Home Mortgage Inc. f/k/a First Security Bank, N.A. 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. 4003 3110 0001 4261 1778
David G. Monsen
65 W Third Ave.
Afton WY 83110
CERTIFIED MAIL NO.4003 3110 0001 4261 1761
Sharon L. Monsen
65 W Third Ave.
Afton, WY 83110
CERTIFIED MAILNO.40033110000142611730
David G. Monsen
P.O. Box 1661
Aflon, WY83110
CERTIFIED MAILNO.40033110000142611723
Sharon.L. Monsen
P.O. Box 1661
Aflon WY83110
CERTIFIED MAIL NO.4003 3110 0001 4261 1716
HOPKINS RODEN CROCKETT
HANSEN & HOOPES, PLLC
Barton J. Birch
428 Park Ave.
P.O. Box 51219
Idaho Falls, ID 83405~1219
CERTIFIED MAIL NO. 4003 3110 0001 4261 1754
Occupant
65WThird Ave.
Aflon, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 26, 2004 and the date of the first publication of the
notice of foreclosure sale was April 8, 2004.
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FURTHER AFFIANT SAYETH NAUGHT.
By:
-'T~mothy~. Stubson
of Brown, D, cv)/& Massey, LLP
159 North(~Y'olcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed i~my pr.esence and sworn to before me by Timothy M.
Stubson this ,~ day of I 1~_~.,(/ ,2004.
Witness my hand and officia/~.
~ P~bliC 0
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
157
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Roger Capellen first duly sworn deposes and says that he/she is an employee of tile
KEMMERER GAZETTE, a uewspaper of general circulation, pul)lished at Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true cop), of which is hereto attached was published on the rcf94'ff
day of ~ ~ ~ ,20~ and was published in each succeeding week until the
day of ~ 7~ ,20 ~7 being a period of 7
successive week(s). That said newspaper is published week on Thursday of each week.
Subscribed and sworn to l)efore me, the ( 554/a/ da), of /~/?'_//fi?;~_ _
20 . / '
~AS, fid[~ult in i'he 0a~eht'0f ~na/pa!:~dinte~ast has aCCUSed ' y Diaua Lynn Mackinen
under theterms' 6~g promissory ~ote (the-. ~Notb ')' flated~Aggust: i6 '20~, Notary Pubh~incoln County, Wyoming
~executed ahd:deiiv&/ed by ~avid,'fi. M&~eh~fifi3 Sh~3h L'2 ~6n~dfi.~husband My Commission Expires on
add Wife ("Mortgagor(s)") to Wells F~rg0'H6me~0agage, Inc:'ff~a First May 11, 2007
Security B~, ~.A., and a teal e~;ate moriga~ ~{he '~0rt}h~e';}'ff ~he same
date securing the Note, which Moagage was'executed and delivered by said ' NO~ T~REFO~ Wells Fa3gO Home Mortgage, Inc., as the owner ot
'Mortgagor(s) t0'said Mortgagee and Which:Mortoa~e Was recorded ~ Au' the Note and the Moggagel will have the Mortgage foreclosed as'~b ~w
gust 18~ ¢000, i~as Book 4g6PR at.Pbgc 487'in t~cords of the ;ffice o~ PWviOe~ by Cau}ing the moagage~ propeay to be so!3 at public vbh3~.by
me Cohnty cleik ~nd ex-official R4gigtd~ 0fDe~ in hnd for Lincdl:n C0unt- the S~¢[[ff o[ pvpmy ~heriff in and Ibr Lin¢01n County. Wyo~ng tO 'the
State of~ym~h~.'and. _, ..... ': .:'::' ...." ~:":':':*',':. : . '~' ~'~ ?' highest bidder forcash at 10-~ o'clockin the forenoon 0n Ma,,., . . . y a, 2004 'at the
~gEAS; ih& Moaga~e c~nthihs d p'd~e:r of dale ~hich by rea'son o~ front do. 0f the Lincoln County Courthouse in ~mmerer, Lincoln County.
;~r~2pl~;~;f the Note and the Mortgage declares to havebeco,ne~
:0 % ~""'~'~
P , ..~, ' . . [ ' proceeding, has been instituted at'law to recover the ' '; ' g g -P p Y gd .Sqfih.e¢ as fo!loWS; tor~it:~.,'.:
debt secured by the Mortgage; or.any:pad therfiof no(has any such suit orI ~' PmofLot 3 pfB!q~k7 ofmeTo~%faa? .~incolh ~OntY~:':~'.
proceeding been instituted and the same diS'continued and ., ' W om~g~ mor~tm~l g describe a8 f011 Ws Be m.
~AS written not,ce o~ intent to'f6reclose the M0~tcxx~ ~- --,-.~-' ' ' nmg at the Southeast comer'of smd~IJot 3-an&dinnin'~ thefi~-~.-~. ,
~se~e~,J~d"~ale ~os been se~ed upon th~/eCb~d'b~h~r'and"th~:~;, i- r, _.,
possessl4h.. 0f~ the moa~a~ed ~te~seS at lea~i len (lo/dfi.~ ~A~ t..~[. ~x~ I :~,.,.' (eel:, .... thence S~u~. .... 20 r~ds to theOCrat ~o~fintn~fiqess.., , - and'~ '~
meneem~nt of th~s ~ub}ication, ahd the'fimahni dud i~nah thX ~;a~..~ .~ ~_ ] : ~ '> ~xcept the foOowlng described land Bcg~n'hlh~ 'hr'the: Sb~th~'~
date of~st publieatioh.of this'notide.bf:saia~bein, the t0tai gfim0f~n. ..~ o~ ~ · -,:~ast comer 0[ Lg[ 3 0f Block 7 ~f. ti e T6Wn~ oF Aft0fl'3a~d'''
Which-su~' consist8 of the unpaid prheipa[ bhl~ce of $69:736:32 pl~s in;er-] ~,: '. ~ '~ff~ ~e~ ~$t:74~5:Teetl.:[henfe ~%g~:(!(fi~,f¢¢t;, th~gc~'~ .~
est accrued to the date'6f:the first nublicati~fi ~f ttiis ~tice in ih .......... ~ ' . · ~ ¢¢[ thenq¢~outh;165 fee~ tb'th~point 6f begin~r'~;~ ' ·
$3,~68.53 luslateehar esmthe o ~ .~ mg wt gnagdressof.,- ..... · ~: 5. ~c · .,~ , ....
..... . .P g ...... a~p~tgf $[5Q.60, plus ~.-escmw .d-¢ ....... ...- '~ ', .... ......... ~,~*
or-123 l~'"~lfi'S~tt'~-~~'~-¢''- '-:'':'; .' ........ ~ ., . ~.. ~..;.' - togemerwunan~mprovementsthereons~tuate,.a fi. al fixtu
; , . ,p 'a u e~ tees costsexpqpaeq~ano.accrmnginterest d ? ;' .~- .... ,-~ ~ a,,~}~l resap~appur4
late'Cn~ges aft We . ' . , ......... .. , [~ances thereto , . .: .... :,,.~. ,,. :,~-., ..:,,, .
$~! 8415~2~29,,~,~ ':;':'~,"" ~. ~':~ -,": L': ~i~:~;*" -':'~:~,'c,.,72:; ¢..Y':'P: :' ', · 0408
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
Timothy M. Stubson, of lawful age, being first duly sworn upon his
oath, deposes and says:
1. That he 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 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. ~
,, By:
· Stubson
of Brd,~rf, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my PJ;esence and sworn to before me by TimOthy M.
Stubson this,..,~0 'day of (,.,.LjO,,~T~,.~ , 2004.
Witness my hand and o 'cl'8'~lseal.
My COmmission Expires:
CINDY BAKER~=~OT~-~RY PUBLIC~ ..... ~
My ~ ~ ~ 17, 2006 .~
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