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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