HomeMy WebLinkAbout899197 &6 8
CERTIFICATE OF SALE
RECEIVED
LINCOLN COUNTY CLERK
STATE OF WYOMING ) 899 !
)SS.
COUNTY OF LINCOLN ) JEANNE
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 January 15, 1997, executed and delivered by Dick
W. Campbell and Jan M. Campbell, husband and wife, as tenants by the
entireties to First National Bank of Kemmerer and (b) that certain mortgage dated
January 1'5, 1997 (the "Mort.qaqe"), securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on January 21, 1997, as/in Book 393PR at Page 124, 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 Section 18, T34N, R118W of the 6th P.M.,
Lincoln County public records described as follows:
Beginning at the Southwest corner of the Nl/2Sl/2 of
said Section 18 and running thence North 200 feet;
thence East 285 feet; thence South 200 feet; thence
West 285 feet to the point of beginning , County of
Lincoln, State of Wyoming
with an address of
778 Muddy String Rd., Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Flagstar Baok, FSB
Assignment dated: Jan'uary 15, 1997
Assignment recorded: January 21 1997
Assignment recording information: Book 393 PR at Page 129
Assignee: Chase Mortgage Company-West, f/k/a Mellon Mortgage Company
Assignment dated: July 16, 1997
Assignment recorded: September 8, 1997
Assignment recording information: Book 401PR at Pag~ 301
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 proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any pad thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Chase Mortgage Company-West
("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
13989
Certificate of Sale
Campbell 21309-0927 [03-10-13782]
Page I of 7
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 15, 2004 issue of said
newspaper and ending with the May 6, 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.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On May 11, 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
,.~ 93580.96 ("Bid Sum"), which was bid and offered by
THE BANK OF STAR VALLEY ("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 $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 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 'mprovements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after May 11, 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
lITH day of ~¥ ,2004.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: --~/¢~..,~
13989
Cedificate of Sale
Campbell 21309-0927 [03~ 10-13782]
Page 2 of 8
87 0
ACKNOWLEDGMENT
STATE OF WYOMING )
)ss.
COUNTY OF LINCOI..N )
The foregoing
acknowledged before me
Deputy Sheriff of Lincoln
. . _ ,2004.
Witness my hand and official seal.
instrument ),vas subscribed in my presence and
County, State of Wyoming, this ]14)] day of
My Commission Expires:
No{a~Ty ~ublic .....
13989
Certificate of Sale
Campbell 21309-0927 [03-10-13782]
Page 3 of 7
871
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 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 Modgagee in a procedure to
foreclose a certain real estate mortgage dated January 15, 1997 (the
"Mortqaqe"), and recorded on January 21, 1997 as/in Book 393PR at Page 124
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 Dick W. Campbell and Jan M.
Campbell, husband and wife, as tenants by the entireties ("Mortgagor(s)"),'the
named mortgagor(s), and First National Bank of Kemmerer is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: Flagstar Bank, FSB
Assignment dated: Ja~'~uary 15, 1997
Assignment recorded: January 21, 1997
Assignment recording information: Book 393 PR at Page 129
Assignee: Chase Mortgage Company-West, f/Ida Mellon Mortgage Company
Assignment dated: July 16, 1997
Assignment recorded: September 8, 1997
Assignment recording information: Book 401 PR at Page 301
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 3110 0001 4261 2140
Dick W. Campbell
778 Muddy String Rd.
Thayne, WY 83127
CERTIFIED MAIL NO.7003 3110 0001 4261 2133
Jan M. Campbell
778 Muddy String Rd.
Thayne, WY 83127
CERTIFIED. MAIL NO.7003 3110 0001 4261 2102
Dick W. Campbell
P.O. Box 434
Logandale, NV 89021
CERTIFIED MAIL NO.7003 3110 0001 4261 2096
Jan M. Campbell
P.O. Box 434
Logandale, NV 89021
13989
Cedificate of Sale
Campbell 21309-0927 [03-10-13782]
Page 4 of 7
CERTIFIED MAIL NO.7003 3110 0001 4261 2089
The Bank of Star Valley
384 Washington Street
P.O. Box 8007
Afton, WY 83110
-.,. 872
CERTIFIED MAIL NO. 7003 3110 0001 4261 2126
Occupant
778 Muddy String Rd.
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 2, 2004 and the date of the first publication of the notice
of foreclosure sale was April 15, 2004.
FURTHER AFFIANT SAYETH NAUGHT.
L/ ~ ;Jaye (~l~ey ('~
of Brown, Drew & Masse"y,~, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307.) 234-1000
Rippley this .
Subscribed in my presence and sworn to before me by P. Jaye
'7' day of'?,,;?.~f. ,2004.
Witness my hand and official seal.
My Commission Expires:
County of ~ State of
Natrona ~ Wyoming
My Comml~BIo~, Expire, January23, 2008
tary Idublic'/ ' - '
I
13989
Certificate of Sale
Campbell 21309-0927 [03-10-13782]
Page 5 of 7
089919'? 87 3
EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Roger Capeilen first drily sworn deposes anti 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.~/~ri.// ,20 49c/ and was l)ublished in each succeeding week until the
,lay of' ./r/~ ~/ ,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 //.,z/~ day of .//)7/7~,.7 o/ ,
husbani! ~' l~iana Lynn'Mackinen
Notary Public, Lincoln County, Wyoming
My Commission Expires on
May 11, 2007
CoiM.
, .!
,!
6~ reason of.
said d~fault, the owner 0fthe Note and the Mortgage deClares to have beco,n~'
operative, and nO suit or proceeding has been instituted at law to recover thai
debLsecured bY the Mortgage, or any part thereof, nor has any such suit or
proceeding been instituted and the Same discontinued; and ·
WHEREAS, writtenn0tice of intent to'foreclose the Mortgage~by adver-
tisement and' sale has been served upon the record owner and the party in
posses~i0n 0f the ~hortgaged premises at least ten (10) days prior to the com-
mencement of this pqblication, and the amount due upon th,e Mortgage on the
date of firs[ publication of this notice of shle being the total lure of $91,051.47
which suni'6onsjs[s of the u'npaidPrindipal balahce bf $82,066.95 plus inter-
est accrued !o [he date of the first publication Of this notice in the amount of
$5,811.68, plus late charges in the amount 0f $130,32, plus an escrow ad-
vancein'th~ amount of $1,3 !6.02, plus other 0htstanding charges in the amouni
of $1',726.50, plus 'attorueys' feesi' costs expehded, and accruing interest and
late charges after the date of first~EbliCati0n Of this' notice of sale
~ ~vov .................
' My' Commissl m~xp,res ,,_5~/__
NOw, THER{~D~[i i;21~a~e-Martgag~ eo,npany-West as~the owner
the Note and the Mortgage, will have the M0ngage foreclosed as by la~
provided by causing the mo~gaged property to be sold at public vendue by
the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the
highest bidder for cash at 10:~ o'clock in the forenoon on May 11, 2004 a~
the front door of the Lincoln Coun~ Courthouse in Kemmerer, Lincoln County~
Wyoming, for application on the above-descried amounts secured by thd
Mo~gage, said moagaged property being described as tBllows, to-wit:
Pa~ of Section 18, T34N, RI 18W of the 6th RM, Lincoln
County public records described as follows:Beginning at
the Southwest coruer of the'Nl/2S 1 !2 0f said Section 18 and
running thence North 200 feet; thence East 285 feet; thence
South 200 feet; thence West 285 feet t0 the point of begin-
ning, County of Lincoln, State.of Wyoming;
wilh an address of
778 Muddy String Rd., ~ayne, ~ 83127. ·
Together with all improvements thereon situate and all fixtures and appur~
tenances thereto. ' ' ' '
Chage Mortgage Company-West
. By: P. Jaye Rippley
:~7~e, Brc'-'-~-~ & Massey LLP
Casper, fiug 8260
EXHIBIT C
AFFIDAVIT OF ATTORNEY
874
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 $600.00 as compensation for
services actually rendered in the foreclosure proceeding.
3. That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT,._~ ,
k/ ~ Jay~ ~l:~)l~y'~
of Brown, Drew & Mas~s~y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed. in my presence and sworn to before me by P. Jaye Rippley
this '¢ day of ~'~//¢~.,'..¢., ,2004.
/
Witness my hand and official seal
t4otary-Public "' /
My Commission Expires: !
BARBARA A. RASMU .~$EN.NOTAR¥ PUBLIC
Natrona 5
~ Wyomln~
My Commls alon~ Ex~{r~ s January~,_,-~ 2~ 08
13989
Certificate of Sale
Campbell 21309-0927 [03-10-13782]
Page 7 of 7