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HomeMy WebLinkAbout899952 noo ; a 8 iap, 0 0 o RECEIVED L N001 ~',~ O~IINTY CLERK ~_ / 7~0 ~ , of la~ul age,, being first duly sworn upon his oath according to law, deposes and says: ,.] E A~4 ~xi._7: ,:;,:~.. ?-..:~" '-'~'~,._ r~.c c, 1. That he is no~, and was at all times herein mentioned a duly appointed qualified and acting Deputy Sheriff ;3f Lincoln County, Wyoming. 2 That the MorLoagee caused a notice of the following described mortgage foreclosure sale to be pub!ished once a week for four consecutive weeks, in the Star Valley Independent, a newspaper printed, published and of general circulation in the County of Lincoln, State of: Wyoming, the said publication having been made on April 29, May 6, May 13, May 20, 2004; that said Notice of Mortgage Foreclosure Sale was given in the manner and for the time required by law; that all acts had and done hereunder were in accorclance with and conformity to the requirement of law in such case made and provided; and that Proof of Publication of said Notice of Mortgage Foreclosure Sale, together with a true copy of said Notice, is attached hereto, marked "Exhibit A", and by this reference made a part hereof. 3. That on the 8~h day of June, 2004, at the hour of 10:00 o'clock a.m. at the front door of the Courthouse of the County of Lincoln, State of Wyoming, in Kemmerer, Wyoming, the same bein. g also the place of holding Court in said CoUnty, and at public venue, to the highest bidder.for cash, he offered the sale the fo owinq described lands as a whole, and'then sold said lands as a whole for the sum of' ~- nawng bid fairly and in good faith therefor, and being the highest and best bidder, for, all of said lands; being particularly described as follows, to-wit: A- portion of the NE¼ SW¼ of Section 8, T34N, R118 W, 6tn P. M., Lincoln County, Wyoming and being more particularly described as follows' BEGINNING at a B.L.M. type Monument marking Lloyd B. Baker's location for the Center South 1/16, Section 8; thence S89° 39' 17" W, along the South boundary of said NE¼ SW¼, 653.62 feet; thence N 0° 14' 58" E 330.48 feet; thence N89° 46' 12" E, to the East boundary of said NE¼ SW¼, 655.74 feet; thence S 0° 37' 13" W, along said East boundary,' ,' 329.19 feet to the Point of Beginning. 4. That said lands Were sold pursuant to the a above provisions of the Notice of Mortgage Foreclosure Sale: hereinabove described, and under and by virtue of the power of sale and authority con~:ained in that certain mortgage deed, dated July 15, 1999, made, executed and delivered by Dibk W. Campbell and Jan M. Campbell, husband and wife, as :... ',-004 Mortgagors, to The Bahk'of Star Valley, as Mortgagee, which mortgage deed was filed for record in the Office of the County Clerk and Ex-Officio Register of Deeds within and for Lincoln County, Wyoming, in Book 433 at Page 059 and in promissory instrument dated April 20, 2000; and the': the debt secured by said mortgage deed at the time of said sale, including principal, inte-est, advances, fees, costs and expenses of foreclosure was the actual sum of $57,165.99,*, as follows: Amount due on ~rincipal Interest to Date of Sale Property Taxes Publication of Notice Sheriff's Fee Recording Costs Attorney Foreclosure Fee and Costs $. 44,659.81 $ 3,659.81 $ 215.41 $ 492.OO $ 2o.oo $ 22.OO $ 8,179.95 TOTAL $. 57,165.99 Amount Bid $ ~' '~, //_~ ¢, ,?~- Deficiency $... 5. That before the allowance and addition to the sum of .8,179.95 to the aforesaid mortgage debt as attorney fees and costs, there was duly filed with the aforesaid Sheriff of Lincoln County, Wyoming affiant herein, by John D. Bowers of Bowers Law Office, P.C., Attorney at Law, and attolney admitted generally to practice in the State of Wyoming and representing the Mortgagee, and affidavit duly made and executed pursuant to the provisions of Section 3 ~-3-112, W.S. 1977, and executed true copy of which affidavit is attached hereto, marked Exhibit "B", and by this reference made a part hereof. 6. That prior to the, aforesaid sale of the within described lands and premises, there · was also duly filed with said Sheriff, affiant herein, by said John-D. Bowers, Attorney representing Mortgage(?, and affidavit of mailing of Notice of Intent to Foreclosure Mortgage by Advertisement and Sale, and affidavit being duly made and executed pursuant to the provisions of Section 34-4-103, W.S., 1977, an executed true copy of which affidavit is attach.ad; hereto, marked Exhibit "C", and by this reference made a part hereof. d ~/ " /'~'~y~ , beinqthe purc~ser of ' 7. That sai all the above described land's an~ premiCe~ as aforesaid, said ZBfr~ ~ ~A [~h~ , their (its) successors and assigns, Will be entitled to a deed for s~id lands and premises on and after the 6m day of October, 2004, said date being after the expiration of three (3) months ' plus thi~y (30) days from ~he date of sale, unless the same shall be redeemed prior to the date as provided by law. ; ' 2 005 IN WITNESS WHEREOF, he h~s hereunto signed his name this ~ day of June, 2004. LEE GARDNER S h e riff ° f ~:lh~/~.~'x;,~ lng ~-" ._..~". ~.>X<:~ Deput~/Sheriff STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ~__~_ The foregoing/~,ti'ument was acknowledged to before~me by ,,INO_~_,_.W'~ C (~(t ~F'V~ on the ~ day of June, 2004. WITNESS my hand and official seal· My commission expires: I DAN DOCKSTADER, Mana~ng Ed/mr of the Star Vall~ Independent, published weekly at Affon, Lincoln County, Wyomir~ do sole~ard'y swear that thc notic% a copy o£which is hm~0o attached, was published weekly in en with sue da .: '.. "~2~_25~...' ~-~ ~ 2004, and' corem crmg ~';'-~ el": "/ ~' 20 40~ ..... pUBLIC NOTICE NOTICE OF FORECLOSURE SALE To: Dick W: Campbell and Jan M. Campbell, husband and wife HCR 61, BOX. 3.60, Theyne, WY 83127 and P. 0. Box 434 Loganda!~',-NV:89021 ' ' 'NOTICE IS- HEREBY GIVEN. pursuant 'to W~O sTAT. 34-4r104'and 34-4~105, that a cert~in.'M0rtg,age:dated I July 13th/1999, which was exe- - cured and delivered by Dick W. ' Campbell and Jan . M. Campbell, husband and wife will be foreclosed by a sale,to the highest bidder at a public' auction of...the premises described pursuant to the power of sale contained in the Mortgage.. If you, as the Mortgagor, wish to contest said sale, then. you must challenge said sale by f'fling a lawsuit m a court of'competent jurisdiction. . .The Mortgage was filed .in the official records of the Lincoln County Clerk for and in the County of Lincoln,' State of Wyoming, in Book '433? on Page 059, as Instrument number . 8.59998 on july .15, 1999.... :The ~:t'~age ei~c~nb.er.~ '-~a~ .~op- ,~ty situated in L~ncoln County, .:Wyoming, and any improve- ":m~nts and other'properties-and interesta therein ~r~d t.h.~reon, ~hich:,~real. prope~y is more::_ _.'_. ~,t as follows: Notary Public A poffcib'ii 6f the NE3 SW3 of Section 8, T34N, Rl'18 W, 6th P. day, of : of twenty-six thOusahd, :nine ~e-- , i hundred eight~d01i'akS'and eight cnts'::($26;908.08),, :ahd~:twenty one 'thousa'nd'i six-hundred M., Lincoln 'County,- Wyoming and being-lmore' particularly described as follows: BEGINNING at a B.L.M. type Monumen~ markihg Lloyd B. Baker's location for. the Cen_ter South 1/16~ Section 8; thence S890o 39'· 17" W, along the South boundary of said NE3 SW$, 65'3.62 feet; thence N 0~o 14' 58" E 330.48 feet; thence N89oo 46'· 12" E, to the East boundary-of said NE3 SW3, 655.?4 feet; thence S 0~ . 37' 13" W, along said East' boundary, 329.19 feet to the.~. Point of Beganning' The above stated ~Collateral was Acr0ss-c°llateralized~ ~n promissory document 105096, dated April 20th, 2000, which is included and made part of this , foreclosure action. The above sale will be con- ducted by the Sheriff or the. Sheriff's deputy at-the front' door of the Lincoln Cohnty Ceurthouse- in Kemmerer,-. Wyoming, a~ 10:00 a.m:, on J'ufie i - M. 'campbell,. ~iusband'~:~n'c[" wife/ hav'e ~efaulted ' in the" I terms of the' Note.:( :.and ~ Mortgage, and as of the'date of thi~ Notice, thq Undersigned / claims an outstanding balance ~ eighty,nine dollaks and twenty- five:cents :.. ($21,689.25),; the' ' total-balanCe owed' being fortyL.: eight thousand'; five hundred ninety-seven dollars:and thirty- · April 15th; 2004]-- Interest' c~n- tinues to accrue.on.the uiip-aid balance ar: the · the Colle~ti6~:'~nd foredlos'ure of : this' Mo~gag~ in the amount of e~ght ..thousand, "one ~'hunared Seventy-nine dollars' and ;nine- tyLfi~v~ Cents ($8,179.95). This communication.-', and publ('cationis:an; attemptto' col- lect a debt.-~-~y~: info~~'~tion obtained ~11 be..dfi:~d f~r::that DATED: April 26th, 2004: THE B~ OF V~LEY, Mdrtgagee By:-~JOHN-'D, '.~gW:ERS' of Att:orney for M~gagee,' PoblishAPri! 29; May 6, May la, May20, 2004. STATE OF WYOMING COUNTY OF LINCOLN .00'7, EXIIH~ IT NO.. ~ AFFIDAVIT OF A TT©RNEY John D. Bowers, :)fJawful age, being first duly sworn upon his oath according to law, deposes and says: 1. That he is an attorney generally admitted to practice law within the State of Wyoming; that he is the ]ttorney for, and is repreSenting The Bank of Star Valley, Mortgagee in its foreclosure of that certain mortgage dated July 13, 1999 and th Promissory doCument 1(i~5096 dated April 20, 2000, wherein Dick W. Campbell and Jan M. Campbell, husband ~:nd wife, are Mortgagors, and said Mortgage having been filed for record in the Office of thi.~ County Clerk and Ex-Officio Register of Deeds within and for Lincoln County, Wyoming in Book 443Page 059, instrument number 859998. 2. That there is n3t, nor has there been any agreement, expressed or implied, between him and his cli¢:nt, or between him and any other person except practicing attorneys in the State of Wyoming engaged with him as attorneys in said foreclosure proceedings, for any sharing or division of his attorney's fees of $8,179.95 be allowed and added to the debt involved, and any fee, when so allowed and added to the debt, is only as compensation for services actually rendered in said foreclosure proceeding. DATED this. '~"¢'/~ clay of June, 2004. THE STATE OF 'WYOMING COUNTY OF LINCOLN T~he foregoing Aff~.:lavit was acknowledged before me by John D. Bowers this. ¢¢hday of June, 2004. ~ WITNESS my han'd and official seal. My Commission Expires:~ Notary Public AFFIDAVIT O::~' WRITTEN NOTICE OF INTENT TO FORECLOSURE STATE OF WYOMING,, COUNTY oF LINCOLN!' John D. Bowers :3f lawful age being first duly sworn upon his oath according to law deposes and says: 1. I am an attorr?y, generally admitted to practice law within the State of Wyoming; that I am the attorney for The Bank of Star Valley and representing The Bank of Star Valley in it's foreclosure of certain real property as described in the Mortgage recorded in Book 433 o'~ Page 059 o1' the official records of the Lincoln County Clerk. In said such mortgage Dick W. Campbell and Jan M. Campbell, husband and wife were the mortgagors, in favor of The Bank of Star Valley. 2. This Affidavit is stating that the prerequisite to foreclosure as required in W.S. § 34-4~103 has been m~;t by The Bank of Star Valley in it's l:oreclosure against Dick W. Campbell and Jan M. C~mpbell. 3. That Dick W. Campbell Jan M Campbell were given notice by the mortgagee, The Bank of Star Valley 'of their intent to foreclose the mortgage against them recorded in Book 433 on Page 059 and in the Promissory document dated April 20, 2000 as follows: A. On.August 27, 2003, the mortgagors Dick W. Campbell and Jan M. Camp'bell, husband and wife, were given notice by a letter written by'John D. Bowers stating that the mortgagee, The Bank of Star Valley intended to foreclose upon their real property deScribed herein. B. On Septembe 5, 2003, John D. Bowers, represer~ting The Bank of Star Valley received a letter fl'om David J. Winterton, an attorney licensed in the State of Nevada, stating that he ~,vas representing Dick W. Campbell and Jan M. Campbell and by way of the letter indicated that they had received notice of intent to foreclose. C. After the notice of intent to foreclose was given to Dick W. Campbell and Jan _ M. Campbell, they filed fl)r bankruptcy protection in the United States Bankruptcy Court in the District of Nevada. D. After stipulation of the parties, the United States Bankruptcy Court for the District of Nevada issued an Order on March 1-7, 2004 approving the stipulation from the automatic stay allowihg the mortgagee, The Bank of Star Valley to go forward with the foreclosure sale in th.ls matter. E. Upon informatlon and belief of the attorney for the Bank of Star Valley, John D. Bowers the prerequisite requirements to foreclosure against Dick W. Campbell and Jan M. Campbell on the property described in the Mortgage recorded in Book 433 on Page 059 of the official records of the Lincoln County Clerk have been met. DA TED this 7th day of June, 2004 STATE OF WYOMING COUNTY OF LINCOLN The fOregoing instrument was acknowledged to before me by JOHN D. BOWERS on the 7t" day of June. WITNESS my hand and official seal. My c_.ommission expires: NOTARY PUBLIC TERI BOWERS: NOTARY PUB.UC- County of ~ State of Lincoln WyOming My Commission Expires _ .