HomeMy WebLinkAbout900555SHERIFF'S CERTfFICATE' OF' SAI_':F,~,5~. ~ i'.
THIS CERTIFICATE OF ~.?_LE is, ntade this 29th day of
June , 200:4 by 5-~,c~,.~.*,~-, c/?./~,~'e_~_/pv~z~,.2_e__.7, 7, Sheriff of
L i n c o I n C o LI. n't y, W y o m i n g a u d d e 1 i v e r e d t o
USDA Rural Development
its pLtrchasers.
WHEREAS, a mortgage was executed by Brian R. Warner and Amy Waruer, in
favor of the United States of America, acting tl'n-ough the Rural I-Iottsina Service, [Jnited
States Department of Agq-i:mlture, dated July 20, lC90 ~
9.~, filed for record Juiy 21, 1999, in
Book 433, at Page 39t, Document No. 860171, records of Lincoln Connty, Wyoming,
coveting the following prol-ierty:
Part of Lot 4 of Block 7 of the Alton Townsite. Lincoln Cotmty, Wyolning
being more pa~ticu2.arly described as £ollows: Beghmmg itt a point 49.5
feet East of thc Southwest corner of said lot 4 and running thence East
63.5 fbet; thence north 165 feet; thence 'West 63.5 feet; thence South 165
feet to the poin, of' beginning.
WHEPCEAS, default'in the provisions of said mortgage has beeu declared- and
WHEREAS, Rtiral Development, acting on behal£ of the Rm'al Housin,2 Service
has notified the mortgagors and the owners of the mort,za~ed land and all p~rsons m
possession of its intent on lo lbreclose the said mortgage be :~dvertisemem and sale trader
tine terms of said mortgage t~ncl pursuant to \,Vvomin~ Staltltes 34-4-101 et seq, as shown
by the Affidavit of Mailing Notice of Ilttenl7 to F~reclose by Advertisement and Sale
attached hereto; and
WltEREAS, re,rice of the £oreclosure sale was duly pttblished in a newspaper o[
general circulation 'in s~id County for four consecutive weeks, as shown by the Affidavit
of Publication wttich L': attached hereto; and
WHEREAS, the amount due to the United States of America, under said
mortgage as of the date of sale, including principal, interest, expenses of' sale and
attorney's fees amonnted to ~72,945.46 . and
WHEREAS, s~tid property was offerefi for sale to ~l~e hiehest and best bidder by
me at the front d6or of the Lincoln County Courthouse on
June 29 ' ,20()~ ar 10:00 a.m.; and
WHEREAS, the higi,~est bid received l~r the properly was m the amount of
s}63,045.00 and was made by USDA Rural Development
NOW THEREFORE, by vimle of the laws of the State of Wyoming, I hereby
grant unto USDA Rural Development:
this Sheriffs CertificaT!~ of Sale covering the above described property.
Tim said purchaser shall be entitled ro a ShefifPs Deed roi- the properly at[ tile
expiration of all perieds of redempuon unless the property is redeemed prior to that date
as provided by law.
IN WITNESS WEIEREOF, I have si~med this Sl-teri£t's Certificate of Sale this
29 th day of June ,200z~.
Sheriff of Linco
State of WyomiFg' .
By: ~...-&75C.-~/~--~/ ~'~)epucy
~ ~G
STATE OF YV~ O1Vl'~, - )
) SS.
County of Lincoln )
The above and fm'egoing SherifPs Certificate of Sale was subscribed, sworn to
h.~lfo-rc me this 29th day of June , 2004, by
WITNESS my hand and official seal. ," ...... ~----~
) Notary Public
My C. ocfn/~rnissjon Expi:~es: .
_9_
AFFiDAVIT OF MAIL1NG
NOTICE OF INTENT TO FORECLOSE
By ADVERTISEMENT AND SALE
STATE OF WYOMING
County of Lincoln
Linda L. Ziegler (RDM), after being duly sworn upon oath, deposes and states as follows:
1. Affiant is the Rural l)evelopment Manager of Lincoln County, Wyonfing, Rural
Development, acting on behalf.of the Rural Housiug Service, which office is at 625
SOuth Washington, Room B, PO Box 190, Aftou, Wyoming 83110.
2. That default has occurred in the conditions of a mortgage executed by Brian R..
Warner and Amy Warner, i:t favor of the United States of America, acting through the Rural
Housing Service, United States Department of Agriculture, dated July 20, 1999, filed for record
July 21, 1999, in Book 433 ~.tt Page 391, Document No. R860171, records of Lincoln County,
Wyonfing.
3. Tbat no suit or proce~eding has been instituted at law to recover the debt remaining
secured by such mortgage.
4. That on Ma_¥ 4: 2004, Affiant mailed a Notice of Intent to Foreclose by Advertisement
and Sale, a copy of which is attached hereto, to all persons and entities shown thereon.
5. That said mailing was accomplished at least 10 days before publication of the Notice
of Sale COmmenced May20, 2004.
6. That said Notice of Intent to Foreclose by Advertisement and Sale was mailed by
Certified Mail, postage prepaid, Attached hereto are copies of the Certified Mail receipts.
7. That the Notice of Intent to Foreclose by Advertisement and Sale was received by
each of the parties shown i~5: pm'agraph 4 above or were returned as Undeliverable as evidenced
by the attached copies of receipts and/or envelopes.
Dated this 9th day of June 2004.
Rural Devel,3pment Manager
STATE OF WYOMING
County of Lincoln
The above and foregoing Affidavit of Mailing of Notice of Intent to Foreclose by
Advertisement and Sale was subscribed, sworn to acknowledged before me this 9th day of
_ June,2004, by Linda L. Zieg!er, Rural Development Manager.
WITNESS myhand and official seal.
BECKY M. COX- NOTARY PUBLIC
Uinta ~ Wyoming
My Commission Expires February 7, 2006
Becky M.
Notary Public
My Commission Expires:
February 7, 2006
I DAN DOCKSTADER, M ,acaging Editor of the Star Valloy Independent,
published we~kly at Aftoa, Lincoln County, Wyoming, do sol~ ..... ly swear
that th~ notice, a copy of which ts ~ attached, was published we~kly in
the regulm- and entire issue of ~i:id newspaper, and not in any suppl~aent
thereoq for ;~ Lc.t'" _ .consecufivo issues,
commencing with th~ issue date -i ~ & 9/''' ~c:~ 2004, and
ending with issue dated -.~C: ~-.~' 'z9C9 [ 2004.
d yof
. ~ p ~ zOO&
Notary Public
My commissicm gxpims October, 1~;, 2008
NOTICE OF' MORTGAG~'i]
FORECLOSURE SALE
Notice is hereby given: Tb~/t
default has occm'red in the con-
ditions of a mortg~/ge_ executed
}Jy Brian R. Warner g.n..d' Amy
Warner, in favor of the Unil;ed
States of America, acthag
through the Rural Housing
Service, United States
Department of Agricultuce,
dated July 20, 1999, filed .hr
record July 21, 1999, in Book
433 at Page 391, Document No.
860171, records .of Lincvln
County, Wyomihg;
That pursuant to the provi-
sions of said mortgage and the
promissory note secured the,'e-
by, the United States of
America has declardd and d¢es
hereby' declare the enti~)&- [debt'
secured bY 'sa~d' ~q['~ga~q
and, p~yable; . .
has be:~' · i~sfit~, t" '~ :i~W
otherwise to' reco~
an~ '! Oai:t:.
~-age and 'he~in~
were and areused and occ.up~ sd'
a_s. ~_ne parcel) ............
That there is due and
claimed to be due on the date of
this n6tice upon the notes and
apsmnption ag[e:ement secured
b~ seiid mortgage including
mt?rest a~nd all subsldms grant-
ed to the~ate'h~reof, the sum of
$73,~6.3~ (Seventy Three
Thousand Four Hundred
~enty Six Dollars and Tbirty-
~o Cents); and
That pm'suant to the power
of sale contained in said mort-
gage and pursuant to the provi-
sions of Wyoming Statutes 34-
4-101;-et--seq., the said mort-
gage ~11 be'foreclosed and the
lands described there in and as
tbl!ows, to ~t:
Part of Lot 4 of Block 7 of the
Afton Townsite, Lincoln
County, Wyoming being more
particularly described as tbl-
lows:
:Be~nnmg at the point 49.5
feet Eas~ of'the Southwest col
n~i' 6f'said La~ 4 and running
~he~k~ East'/63.5 feet; thence
}:~:~ .:~i~5'~:~.he ._beginning·
Will be sold by the Sheriff of
Lincoln County, Wyoming, at
public auction, to the highest
bidder-on the 29th _day of' June,
200.4 at 10:00 a.~. at the fron£
door of the'-Courthouse m
Kemmer~r, LinColn County,
Wyoming, to pay the debt then
seem'ed by said mortgage, taxes
on smd premises and costs and
disbursements allowed by law,
subject to redemption as pro-
~ded by law.
Dated .this 5th day of May,
UNITED STATES OF -
1 ~EmCA
Linda. L .Zi. gg!e~_
-~gm-fiTD~elopmenr Manager
Rural Developme!,t
Acting o~,'behalf of the Rural
Office. ,loCated :a~ '~625"Sp9th
USDA
~ Development
Committed to the future of rural communities.
P.O. Box 190
AFTON, WY 83110
PHONE (307) 886-9001
FAX (307) 886-3744
TTY/TDD (307) 233-6733
145
CERTIFIED MAIL
TO:
NOTICE OF INTENT TO FORECLOSE
BY AI)VERTISEMENT AN D SALE
All mortgagors, titl,~ holders of record, persons in possession, junior lienholders of
record, as follows:
Brian R. Warner
580 North 300 East
Spanish Fork, UT 84660
Brian R. Warner
39 West 3'd Ave
Afion, WY 83110
Occupant
39 West 3fa Ave
Aflon, WY 83110
Amy Warner
580 North 300 East
Spanish Fork, UT 84660
Amy Warner
39 West 3~d Ave
Alton, WY 83110
Star Valley Medical Center
PO Box 579
Aflon, WY 83'110
Amy Warner
PO Box 1.774
Aflon, WY 83110
Brian Warner
PO Box 1774
Aflon, WY 83110
Pursuant to that mortgage executed by Brian R. Warner and Amy Warner, in favor of the
United States of America, ?,.cting through the Rural Housing Service, United States Department
of Agriculture, dated July 5!0, 1099, filed for record July 21, 1999, in Book 433 at Page 391,
Document No. 860171, records of Lincoln County, Wyoming, which mortgage secured the
promissory notes and assumption agreements described thereon,
YOU AILE HEREBY NO~I'IFIED:
1. The United Stat~::s of America, Rural Development, acting on behalf of the Rural
Housing Service, United S',:ates Department of Agriculture, has declared defhult in said notes,
assumption agreement and mortgage due to:
Monetary Default
Rural Development is an Equal Opportunity Lender.
Complaints of discrimination should be sent to:
Director, Civil Riflhts, Washingtm , D.C. 20250-9410
2. The United States hereby invokes the Power of Sale granted to it in said mortgage and
by this letter gives notice t: f its intent to Foreclose by Advertisement and Sale in accordance with
Wyoming Statutes 34-4-1 (i 1, ~
3. In the Event the property is sold at public sale under the foregoing cited Statute, all rights, title
and interest which you ma7 have in the mortgaged premises will be irrevocably lost unless
redemption is made withir, the per/od provided by law as follows:
a. For mortgagors md/or owners: (1) 3 months, os,
(2) for agricultural real estate, 12 months.
See Wyoming Statutes 1-18-103
bo
For other intere:~t holders:
(1) 30 days aftt.: the mortgagors and/or owners redemption per/od expires.
See Wyomiug S[atutes 1-18-104
Dated:
_May 5, 2004
Lf, ~4DA L. ZIEGLERc/
Rt~.ral Development Manager
Ri~:ral Development
Acting on behalf of the Rural Housing Service,
AS successor in interest to the Fm-mers
ttcme Administration
U. i:;. Department of Agriculture
Office located at
625 _Washington Street, Suite B
Af~n .WY 83110-0190
1,17
Postage
Certified Fee
Rdum Reciept Fee
(Eedorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
m
Postage
Certified Fee
I--~ ReLurn Reciept Fee
(Endoreemenl Required)
r-"t Restricted Ddivery Fee
ITt (Endorsement Required)
I-U Total Postage & Fees
Postage
Certified Fee
Return Reciept Fee
(Endorsement Required)
Restdcled Delivery Fee
(Endorsemer~l Required)
Ce,lifted Foe
(EBdol'seman[ Required)
Sent To c~ ..
m
[~t~, State, ZIP+4 ~
Postage $ ~ "'" ' ' :,"
Relum Reciepl Fee
Restricted Delive~ Fee ~
(Eedorsement Required) ~ ~ ~-,., /'
Postage
Certilied Fee
Relurn Reciept Fee
(Endolsemelfl Required)
Restricled Delivery Fee
(Erldomemerit P, equired)
Total Postage & Fees
r'l Certified Fee
I--1 Return Reclep, Fee ! ~-1~-" ! l< / ~stl~.rk J"
(Endorsement Required)
(Endorsement Required)
[] Print your nam,
[] Agent
so that we can return the
[] 'Attach this Card to the
or on the front if space p3rmits'.
1. Article'r&cldresse¢! ~o:~'~' .i~- '--~ D- Is delivery aCdress d fferent from Item
"2.: ~dle.Num'~r .,,~'.,. -", - .... :~ ' -2: ' ~ r ' ~ ', ~__ ''~ .......... uu.v ¢ Fee) '- . '
",',-'" :':'. '~ ' t~ : '
Department of
Agriculture 7
Rural Development ,/~/
USI)A RURAl DEVEI OPMEN f
RURAL DEVELOPMENT MANAGER
RO, BOX 190
AFTON. WY 83J]0 0190
Olficlal Business
Per, ally for Private U~e. $300
7002 2030 0004
3072 4912
Occupant
39West3,d Ave,
United States
Department of
Agriculture
Rural Development
USDA RI_IRA[ DEVELOPMFNI-
RURA[ DEVELOPMENT MANAGER
PO. BOX 190
AFfON. WY 83]
Ollicial Business
Penally for Private Use, $300
_... . '' ~,c.~t~- .....
· " ~, ~'med ~Z'~ ' '~:-
': 'q~m-~ ~ ~ ~ ",
~':C~ ~rl_~ '
ritual/ m this en,~O~
O~cupant
39 West 3rd Ave
Aflon, WY 83~ "t 0
United States
Department of
Agriculture
Rural Deyelopmen!
USDA RURAl_ DEVELOt~
RI]RAI_J]EVELOPMEN~
P.0. BA
AFRO, WY
Official BuSiness
Penalty for Private Use, $300
7002 2030 0004 3072 4868
~.~0 SUCH NUMBER
~'MED r~ REFUSED
~P~o NOT KNOWN
~ NO SUCH STRE~ '
ROUTE NO__DA~ ~
CAR~INITiA~ ~
Brian Jarner
~;~~sh FoNjlfrth 3rkO, Ou?';~6~.~O
-.%
, z3 "04.42° .^¥ o
~ ~ 0 5 ~AILED FR~AFTON~ 8
United States
Department of
Agriculture
II
7002
4875
Amy er
580 No 300 East
S Fork, UT 8z.660
Rural Development
USDA RURAl_ DEVEt_OPME
RURAL DEVELOPMENT M/
P.O. BOX 190
AFTON, WY 831]0-n]90
2030 0004 3072
~.~ iNsUFFIG~ENI' ~'qOr'*'ESS
EMP~Eo [40
~ ADT)R~SED . uNABLE
CARR/IN~TIALS ~
Olficlal Business
Penally for Prfvale Use. $300
Rural Developme~
USDA RURAL DEV£L,
RURAL DEVELOPME,
RO. BOX ]90
AFTON, WY 831~0-L ....
7002
2030 0004
Official Business ' ~
Penalty for Prtvale Use.l$,300 ~., ,.~,v__.~ [~
~ NO SUCH NUMBER
~~IMED ~ REFUSED
~ A~EMP~D NOT KNowN
~ NO SUCH STREET
~ VACANT
~ NO RECEPTACLE
Ill
3072
llll
3
39~¢t3rd Aye
AfloF Wy 83110
~ W~RN}'TH
~ N~I'IFY mE,pER OF NEW ADDRE[
~ HAFNER
~O N ~O [ ~..
United
Departm, ent of
AgricultUre
Rural Development
USDA RURAl DEVE[.OPM
RURAL DFVEI_OPViEN]' N
P, 0, BOX I90
AH'ON. WY 83]/0--0190
Olllclal Business
Penally lot Prlvale Use, $300
7002 2030 0004 3072 4844
123 1~/., '-.7_...~O PB861.
F ~ A~EMPIEO NOT KNOWN ~F~ '~ ,.~
~ ~ ~ V~CXN~
~ ~N ~ ~ N9 RECEPTACLE
~ ~ O1 OFLIVERABLE
% / , --~, . · ~ ADOREGSED - UNABLE
~ VV~S[ O ~V~CARR/INIflALS
Aflo~, WY 83" ~ ~ .... '- .-
',.
:,
Rural Development
U$DA RURAl_ DEVELOPMENT
RIJRAL DEVELOPMENI MANA
R0 BOX 190
AFTON. wY 83110-0190
Official Business
Penally for Pdvale Use. $300
United States
Agriculture
~~2030
r~J INSLIFFICIENT
lf) SUCH NUM~IER
~¢UlMED ~ REEUSEO
/g A-nEMPTE~, NOT KNOWbI
J~ "0 SI.ICH STREET
~ NE RECEPTACLE
ADDRESSED . UNABLE
ROUT~ ~O~ BA~
6ARR/INI rIALS ~_
0004
3072 4882
Brian W/er
PO Bo~ 1774 ' /
Afton/WY 83~ ~n ,
~ IdAR.,I-/-/q ~1±0~-6,01 ziOq Ob' 0
~ NOT.CFY 5E~ER OF NEI,,J
United
Departmen
Ag riculture
Rural Develf
Sta
USDA RURAl. [
RURAL 0E\/EI_.~ 7002
R0 BOX 190
AFTON. WY 83] 10-0190
Official Business
Penalty for Prlvale Use. $300
2H30 0004 3072 4899
~ INSLIFFICIENT ADDRESS
,NO BUEll f,':UMf¢ER
IMED ~ REFLISED
~PTFD }40T Kf'JOWN
~ NO SUCH STREET
~ VACANT
r~ No RECEPTACLE
ADDRESSED UNABLE
ROUTE NO.~ DATE
CARR/INITIALS .
Amy Warner
PO Box 1774
/
Aflon, WY 83'I 10
NOTIFY ,~EN.DER OF NE~,,I ADDRI:
1.4ARNER/
-~60 hJ ~OO E