HomeMy WebLinkAbout899987 LIk~COL~'! (.',Ot,J!!TY CLERK
SHERIFF'S g '. T F ICATE OF
THIs CERTIFICATE ~dc on the date below ~itten, by the Sher~'ofLinco~ County,
State og Wyom~g, to Co~muni~ First National Bank~ organized and existing under the
laws of the United States df ~merica~ of 801 Pine Avenue~ Kemmerer~ WY 83101.
WITNESSETH:
WHEREAS, a Mortgage was executed by Marvie Lynn Smith, a single person on
September 12, 2001, to Cor~unity First National Bank, organized and existing under the laws of
the U~fited States of America, Mortgagee, for the following described real property:
Lot 23 of B16ck 4 of the Hillcrest Subdivision to the Town of
Diamondvill~, i Lincoln County, Wyoming as described on the
official plat t/~reof
Includes a 1985 Articraft mobile home Serial Number A35718,
which Mortgage was on September 14, 2001, duly recorded at Book 472 PR, Page 808, in the
Office of the County Clerk and Ex-Officio Registrar of Deeds of Lincoln CountY, Wyoming. The
current record owner of the property is Marvie L. Smith, a single person.
WHEREAS, a de!ir~:quency in payments occurred, pursuant to provisions of said
Mortgage and the said Mortgagee, did elect to accelerate and declare the power of sale contained
in said Mortgage to be operative; that pursuant to the provisions of Wyoming "Statutes, 1977,
§34-4-101 through §34-4-113 , I, CLIFF BOYD
DEPUTY SHERIFF :', do hereby certify that the property foreclosed is situated in Lincoln
county, Wyoming, and more particularly described above, and was duly advertised in the
Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming for four (4)
consecutive weeks, to wit: Apr. 29, May 6, 13, 20, 2004, as is more 'fully shown by the Affidavit
of Publication attached hereto; and
TItAT said property was sold in one parcel at public vendue in accordance with the
Notice of Foreclosure Sale ar. the date and time set forth, to wit: May 26, 2004, at 10:00 a.m.
Said sale was made by me, :and the above described property was sold to Communi .ty First
National Bank~ organized and existing under the laws of the United States of America~ of
801 Pine Avenue~ Kemmei~_r~ WY 83101~ in the sum of $22~333.55; and
THAT by virtue of the sale and purchase, the payment of money as described above by
the Purchaser, and the authority vested in me therebY and by law, I hereby give and grant this, my
Certificate of Sale, to Community First National Bank~ organized and existing under the
laws of the United States o~ America~ of 801 Pine Avenuq Kemmerer~ WY 83101~ and do
hereby certi~ that the Purchaser, or the Purchaser's assignee, will be entitled to a Sheriffs Deed
at the expiration of 3 montl~s and thirty (30) days from the date of this sale, unless the same shall
have been redeemed prior to that date as provided by law.
IN WITNESS W~ILREOF, I have hereunto set my hand this 26TIt day of
:, 2004.
By:
SHERIFF OF LINCOLN COUNTY
STATE OF WYOMING
STATE OF WYOMING
COUNTY OF LINCOLN
On this 26TH
appeared CLIFF BOYD
day of
~Y
, 2004, before me personally
, to me personally known, who executed the
foregoing instrument and acknowledged that he executed the same as Iris free act and deed lbr the
purposes therein'set forth.
Witness my hand mid official seal.
My Commission Expires
Notary
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
Kay Fatheree first duly sworn deposes and says that he/she is an employee of the
KEMMERER GAZET_~.~E, 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
29th
day of April ,2004 and was lmblisbed in each succeeding week
until the 20th day of__May, 2004
being a period of four successive week(s). That
said newspaper is published week on Thursday of each week.
teal pr~
Subscribed and sworn tt;. before me, the __second day of June, 2004.
'i' IiiChides a1985 Serial Number
-. a p0v~er of ~ ale. tO thc effecEtha~ ~::~efa'Ult"b~e~ ~r.j~ng:iigith6 c0nditions thereof -
:'will rt ragee'~'or" its" '"'i '~' ': ......... ns at it"' or" their:' "" ..... ) declare the '
: debt to 1Se due and. to law to
'advertise
laW_to recover
ircti-
.'org~nized'a,nd
Ph~¢
'x
Kathleen Rosas
Notary Public, Lincoln County, Wyoming
My Commission Expires on
March 9, 2005
Kathleen Rosas - Notary Public
~ Countyo, ~ Stateof I
Lincoln .~ Wyoming
My Commission Expires ~
.?
he!d mllbss a represdmative
owing ~S 67 ih~ first dai~
W~i b~.APdl
'int~r~t,. late char~s:
note
AFFH)AVIT OF MAILING
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
I, John C. Patton, being first duly sworn upon my oath, depose and state as follow:
1. That I am an At[orney at Law and I have been admitted to practice in the State
of Wyoming. I am a member of the £n-m of Patton & Davison, Attorneys At Law, and I am
a resident of the State of~Wyoming.
2. That I caused a Notice of Intent to Foreclose Mortgage by advertisement and
sale to be sent to:
Record Owners:
Marvie L. Smith, a single person
P.O. Box 1526
Casper, WY 82602
subject to the interest oft.he Trustee in bankruptcy:
R. Michele Russell
303 North Broadway
Riverton, WY 82501
U.S. Trustee
308 West 21st Street, Room 203
Cheyenne, WY 82001
Parties in Possession:
Marvie L. Snfith
39 Radiant Street
Diamondville, WY 83116
and to all juNor lien holders disclosed by a tbreclosure guarantee for whom addresses
were available, by Certified Mail with Return Receipt Requested, on April 13, 2004, at
least ten (10) days before the commencement of publication of the Notice of Sale.
FURTHlgR AFFIANT SAYETH NAUGHT.
DATED May 26, 2004.
Joh~'~tton
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LAILadMIE }
The foregoing instrument was subscribed and sworn to before me by John C.
Patton on May 26, 2004.
Witness my hand and official seal.
My Commission expires:
Notary Public
lOS
ATTORNEY'S FEE AFFIDAVIT
STATE OF WYOMING
COUNTY OF LARAMIE }
I, Jolm C. Patton, beh~g 5rst duly sworn upon my oath, depose and state as folloW:
1. That I am an Attorney at Law and I have been admitted to practice in the State of Wyoming. I
am a member of the firm of Patton & Davison, Attorneys At Law and I am a resident of the State of
Wyoming.
2. That this Affid~avit is being filed pursuant to the provisions of §34-4-112, Wyoming Statutes,
1977, and has been filed with thc Sheriffbelow named.
3. That on May 26, 20')4, the Sheriff caused a Mortgage to be foreclosed in Lincoln County,
Wyoming, and that the mortgaped premises were sold by the Sheriff of Lincoln County at 10:00 a.m. on
said date. ~
4. That there is no agreement, express or implied, between himself and my client, Community
First National Bank, organized ~d existing under the laws of the United States of America, of 801 Pine
Avenue, Kemmerer, WY 83101I, nor between myself and any other person for any sharing or division of
the $800.00 fee which was clmrged for this foreclosure except with partners of Patton & Davison or
other attorneys as we may hire to participate in the foreclosure action, or other parties entitled to a lee
tln'ough foreclosure network ag::eements.
5. That the mortgage referred to was given by Marvie Lynn Smith, a single person, to Community
First National Bank, organized ar!d existing under the laws of the United States of America, Mortgagee,
for the following described real property:
Lot 23 of Block 4 of the Hillcrest Subdivision to the Town of Diamondville, Lincoln
County, Wyoming as described on the official plat thereof
Includes a 1985 Articrafl mobile home Serial Number A35718
which mortgage was recorded on September 14, 2001, at Book 472 PR, Page 808, in the Office of the
County Clerk and Ex-Officio Registrar of Deeds of Lincoln County, Wyoming. The current record owner
of the property is Marvie L. Smith, a single person.
FURTHER AFFIANT SAYETH NAUGHT. DAT~Aay~6, 2004.
Jolm~.' Patton
of Patton & Davison
STATE OF WYOMING }
} SS.
COUNTY OF LARAMIE }
The foregoing instrument was subscribed and sworn to before me by JOItN C. PATTON on May
26, 2004.
Witness my hand and of Scial seal.
My Commission expires:
Notary Public
}:~y Cmmi'~sioa Expires Sel~t~_ _m 22, ~0~_/_ _1~
NOTICE OF INTENT TO FORECLOSE MORTGAGE
TO:
Record Owners:
Marvie L. Smith, a single l:,erson
P.O. Box 1526
Casper, WY 82602
subject to the interest of the Trustee in bankruptcy:
R. Michele Russell
303 North Broadway
Riverton, WY 82501
U.S. Trustee
308 West 21st Street,
Cheymme, WY 82001
Room 203
Parties in Possession:
Marvie L. Smith
39 Radiant Street
Diamondville, WY 83116
TAKE NOTICE that pursuant to apphcable Wyonfing Statutes, and in particular
Wyoming Statutes {}34-4-103, you are hereby notified that Cormnunity First National
Bank, organized and existing under the laws of the U~fited States of America, of 801 Pine
Avenue, Kemmerer, WY 83101, Mortgagee, intends to foreclose by advertisement and
sale that certain mortgage g!ven and executed by Marvie Lynn Smith, a single person to
secure a Mortgage Note g.~ven and executed by Marvie Lynn Smith, a single person. The
mortgage was executed on September 12, 2001, and was recorded on September 14,
2001, at Book 472 PR, Page 808, in the Office of the County Clerk and Ex-Officio
Registrar of Deeds of Lir~coln County, Wyoming, to Community First National Bank,
organized and existing und gr the laws of the United States of America. The current record
owner of the property is l~!arvie L. Smith, a single person. The Note is in default with the
date of the last payment being October 31,'2003. There is due and owing as of the date of
first publication the sum cf $19,724.39. Such sum will continue to accrue interest, late
charges, and any other pevalties as provided by the mortgage, all to the date of sale, and
additionally there shall be added to the indebtedness all costs and attorney's fees associated
with the foreclosure.
THIS NOTICE is sent to you as the record owner and or the person in possession
of the mortgaged premises described as follows:
Lot 23 of Block 4 of the Hi.llcrest Subdivision to the Town
of Diamondville, Lincoln County, Wyonfing as described on
the official Plat thereof
Includes a 1985 Articrat~ mobile home Serial Nmnber
A35718 ' ~
by certified mail, with retmn :.:eceipt requested, mailed to your last known address ten (10)
days 'before the commence~nent of the publication of the Notice of Sale.
In compliance with; the Fair Debt Collection Practices Act, 15 USCS {}1692, we
provide you with the following notice and information.
(1) The amount of the debt as of the first date of publication is $19,724.39;
111
(2) The name of. the creditor to whom the debt is owed is Community First
National Bank, organized m~d existing under the laws of the United States of America;
(3) Unless you, th~- consumer, within thirty days after receipt of this notice, dispute
the validity of the debt, or an), portion thereo/; we will assume the debt to be valid;
(4) If you, the consmner, notil~, us in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy
of the judgmeut against you, if applicable, and a copy of such verification or judgment will
be [nailed to you by our finn; and
(5) Upon your written request within the thirty-day period, we will provide you,
the consumer, with the name and address of the original creditor, if different from the
cun'ent creditor.
THE DATE of fii-st publication of The Notice of Foreclosure Sale, and the
subsequent publication dates are Apr. 29, May 6, 13, 20, 2004. Sale of the premises will
be conducted by the Shcri'ff of Lincoln County, Wyoming on May 26, 2004, at 10:00
a.m., at the front steps or'the Lh~coh~ County Courthouse, Kemmerer, Wyoming.
/
Dated this /~ day of ~ ~~'" / ,
2004.
By:
ConlmulqitY First National Bank, organized
and existing nnder the laxvs of the U[filed
J~tOg & Davison
P.O. Box 945
Cheyenne. Wyonfing 82003
(307) 635-4ll 1
Attorneys for Mortgagee
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