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HomeMy WebLinkAbout900588tsOOK _._~pR PAGE ~.~... ~ 0 STATE OF WYOMING COUNT OF LINCOLN CER TIFICA TE OF SALE SS U ' er the p~'ovisions . . . _ - ' :.- · -.). _~.?~xflA.¢~JlX ~)~[l'~oc~:_ of WY O STAT § 34-4 10l tln'ough'34'4'l13 hereby certify as follows: , Deputy Sheriff of Lincoln County,' Wymniiig, do 1. On June 29, 2004, at the hour of 10:00 a.m. at the fi'ont door of the Lincoln County Courthouse, Kemmerer, Lincoln County, Wyoming, [ offered the following described property, to wit: Lot 14 of the :Easy Acres Subdivision, Phase I, Lincoln County, Wyoming as described on the official plat thereof. For sale at public venue and did sell the above-described property to Beneficial Wymning, Inc. by virtue of a Notice of Fort. iclosure Sale of the mortgage on the above-described real estate given by Orson Francis Brier!Icy and Margaret Ellen Brierley, dated December 12, 2001, and recorded on December 17, 21301 in the Office of the CoLmty Clerk and Ex-Officio Register of Deeds of Lincoln County, "~qyoming, in Book 479PR, at Page 395 for the sum of $107,160.00, the total amount of Benefidal Wyoming, Inc.'s bid at the Foreclosure Sale. 2. By virtue of said mortgage and the laws and statutes of the State of Wyoming, the attached Affidavit of Maihng, Notice of Intent to Foreclose, Notice of Foreclosure Sale, and Proof of Publication thereof, the above-described sale and purchase, the bid by the purchaser aforesaid, and by virtue o~' the authority vested in me by law, I hereby give and grant this Certificate of Sale of the above-described lands and tenements to Beneficial Wyoming, Inc.. 3. The purchaser or any other person entitled thereto according to law will be entitled to a Deed for such lands or premises at the expiration of four (4) months from the date of sale, unless the same shall have been redeemed prior to that date as provided by the laws and statutes of the State of Wyoming. 4. Also attached hereto and made a part hereof by reference is the Attorney's Fee Affidavit pertaining to the within matter and duly filed with me. WITNESS WHEREOF, I have hereunto~ 1~ and seal as Deputy IN County, Wyoming, dated June 29,\- /' .~ Sheriff of Lincoln ' ' She, iff/D~e~of~Lin/~col/TnCount W Omin - ' ' 'l 3 ' 'Y, Y g ~'~,~,.. Tl'~e~ fore~;o,lg instl'unlent was acl~nowledged before hie by J3Jh~ [,,kJ¥,~,[q,~a.o;-c_~ , on June 29, 2004. Witness my hand and official seal. My commission expires: ~g]~ / SEAL ,.-~- .~... ~. UBLIC / ATTORNEY'S FEE AFFIDA I/IT STATE OF WYOMING ) ):ss COUNTY OF LARAMIE ): DALE W. coTTAM, first having been duly sworn, upon his oath, deposes and states as follows: 1. That DAS~E W. COTTAM is one of the attorneys of Hirst & Applegate, P.C., attorneys for Beneficial W).oming, Inc., Mortgagee, and on behalf of said client has instituted a mortgage foreclosure by public advertisement and sale against Orson Francis Brierley and Margaret Ellen Brierley, Mortgagors, on a Mortgage dated December 12, 2001 and recorded in the Office of the County Clerk' and Ex-Officio Register of Deeds of Lincoln County, Wyoming, in Book 479PR, at Page 395, on December 17, 2001, covering the tbllowing described property, to wit: Lot 14 of tl:e Easy Acres Subdivision, Phase I, Lincoln County, Wyoming as described on the' official plat thereof. 2. That Notice of Intent to Foreclose was mailed by certified mail to the Mortgagors at their last kmOwn address and to the Persons in Possession of the premises, on May 10, 2004. 3. A Notice of Foreclosure Sale was published on May 27 and June 3, 10 and 17, 2004 in the Star Valley Indspendent-Aflon, according to law, and that June 29, 2003 was set as the date of the foreclosure sale by the Lincoln County, Wyoming, Deputy Sheriff. 4. Affiant is an attorney at law admitted generally to practice in the State of Wyoming and in the above-described proceeding is representing Mortgagee. 5. Affiani states that there has been and is no agreement, express or implied, between the affiant or his k'.w firm and his clients, nor betxveen him and any other person except with a practicing attorney of.this State engaged with him as an attorney in the foreclosure proceeding, for any sharing or division of the attorney's fee provided for in the real estate mortgage being foreclosed by public advertisement and sale so to be allowed or added 'to the debt involved, and said fee when so allowed or added to the debt shall be only as compensation ibr services actually, rendered in the foreclosure proceeding by affiant, an attorney adnfitted to Practice in the Stme and residin'g .therein. 6. This Aff~da(;it is being ~nade in compliance with WYO. STAT. § 34-4-112, and is filed with the Sheriff of Lincoln County, Wyoming, the person who shall conduct the sale under the above described foreclosure. DALE W. COTTAM Subscribed and ~worn to be'fore me by DALE W. COTTAM this /~, lay of ,~4,a ~- , 2004. Witness my hand and official seal. My commission expires: October 15, 2006. ~~ ~. q ~ S E A L NOTARY PUBLIC STATE OF WYOMING COUNTY OF LARAMIE ~ AFFIDA I/IT OF MAILING ) )ss ) The undersigned, being first duly sworn, upon oath, deposes and says: 1. I am one of the attorneys for Beneficial Wyoming, Inc.. 2. On May ' 0, 2004, I mailed a copy of the wriuen Notice of Intent to Foreclose Mortgage held by Beneficia; Wyoming, Inc. upon the following described property, to wit: Lot 14 of th~ .~asy Acres Subdivision, Phase I, Lincoln Cotlnty, Wyoming as described on the official plat thereol: Also known as 1627 Allred Lane, Alton, WY, postage prepaid, by first class and by certified mail, to the following: Orson Francis Brierl,~y PO Box 1066 Aflon, WY 83110 Margaret Ellen Brieriey PO Box 1066 Aflon, WY 83110 Person in Possession' 1627 Allred Lane Alton, WY 83110 Gary A. Barney 267 Main Street Lander, WY 82520 Georg Jensen 16 l 3 Evans Avenue Cheyeime, WY 82001 U.S. Trustee 308 W. 21st St., 2'a Floor Cheyenne, WY 82001 3. On May 20, 2004, I mailed the above persons, a copy of the Notice of Foreclosure Sale for the above-.described property. returned by the United Statei Postal Service. DALE W. COTTAM October 15, 2006. SEAL The above-addresses for represent the last known addresses for said persons. Attached hereto are copies of the Notices so mailed and the return receipts Subscribed ai~d sworn to before me bY DALE W. COTTAM, this ]b-t~ day of , 2004. Witness my hand and official seal. My commission expires: NOTARY PUBLIC I DAN DOCKSTADER, Manning Editor of the Star Valley Independent, published weekly at Alton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which i; h¢~-eto attached, was published weekly in the regular and entire issue(of smd newspaper, and not in any supplement thereof, for ~3-'~_).A-- consecutive issues, commencing with the issue date .~(-') .~'.~x~ ..~.D~] 2004, and ending with issue dated this [ -] day of 2004 Notary Public FOit CL0StmZ To: Orson Francis Brierlqy ' PO Box 1066 Afton, WY 83110 -Margaret Elle Brierley. PO Box 1066 Alton, WY 83110 Person in Possession 1627 Allred Lane Alton, WY 83.110 George Jensen 1613 Evans Ave;me Cheyenne, WY 82001 Gary A. Barney 267 Main Street Lander, WY 82520 U.S. Trustee 308 W. 21st St., 2nd Floor Cheyenne,-WY 820'01 NOTICE IS HEREBY GIVEN' pii'rsuant to WYO. s. TAT.~J § 3~,~:i04 an'd 34~4,105, Decefiibe'r !,2j.¢001;' ~vhich executed :~hi~:d ' 'he"li'~;erea bY Ors0n Francis Brierley and Margaret Mortgagors;; ' ~t~ 'Beneiqci'al highest :bidder at::~' pt~suant to a power of sale cOn_ fain'ed lil me ~vmr;gage. x~ you, as the Mortgagm., Wisb to con- test said Sale, then you must : challenge said sale by filing a lawsuit in a court of competent jurisdiction. The Mortgage was filed fbr record on December 17, 2001, in Book 479PR, at Page 395, in the office of the Recorder of Deeds, Lincoln County, State of Wyoming. The premises that are described in the Mortgage are as follows: Lot 14 of the Easy Acres Subdivision, Phase I, Lincoln County, Wyoming as described on the official plat thereof. -Whe above sma will be con- ducted by the' Sheriff or the Sheriff's dePuty at tbe ti'ont door 'of (the'. Lincoln County Courthouse'" ;in:;~ Kemmerer, Wyoming, atl0~0o~a.'.m, on June 29, 2003] In the event that a represen- tative, of Southwest Title is not pre~er~ at the:'saie, the sale will be postponed until a'later date Orson Francis Brierley aha Margaret Ellen Brierley have defaulted iri":the terms of £he Note and Mortgage, and as of the date of this': Notice, the undersigned claims an out- standing balance of $123,578.94. Interest con[in- ues to accrue on the unpaid bal- ance at the rate of $33.61 per day. This communication is an attempt to collect a debt. Any information obtained will be used for that purpose. DATED: May 20, 2004 BENEFICIAl; WYOMING, INC., Mortgagee By: DALE W. COTTAM OF HIRST & APPLEGATE, P.C. Attorneys for Mortgagee, Beneficial Wyoming, Inc. 1720 Carey,Avenue, Suite 200 P. O..Box':1083~-,' Chey6nne, Wyomin'g 82001 (307) 632-05~I:-::,~ ' ~,~ ; Publish May 27, June 3, 10, & 17, 20045 NOTICE OF INTENT TO FORECLOSE MORTGA GE THIS COMMUNIC`4 TiON JS ,,tN ,4 TTEMPT TO COLLECT A DEBT, AND `4NY INFORM,.I TION OB TA INED WILL BE L:SED FOR THAT PURPOSE. I. VE REI'RESENT BENEFICDI L WYOMING, INC., IN `4N A ?'TEMPT TO COLLECTA DEBT. UNLESS YOU NOTIFY Tills OFFICE WI?711N 30 DAYS AFTER RECEIVINC TIllS NOTICE TIIAT YOU DISPUTE TIlE V,'ILIDITY OF TIlE DEBT OR ANY PORTION TH~REOF, Tills OFFICE II/ILL ASSUME TIlE DEBT IS VALID. IF YOU REQUEST VERIFICATI'O]V OF THE DEBT FROM Tills OFFICE IN WRITING IVITtlIN 30 DAYS. FROM RECEIVING Tills NOTICE, TIIIS OFFICE WILL OBTAIN I/ERIFICATION DF TIIE DEBT OR OBT`4IN A COPY OF :VILE JUDGMENT AG,,IINST YOU AND MAIL YOU ,'1 COPY OF SUCtl VERIFICAIION OR JUDGMENT. Tills OFFICE WILL FI/RTIlER PROI/IDE YOU WITtl TtlE NAME AND ,4DDRb. WS OF THE ORIGIN,4L CREDITOR IF DIFFERENT FROM TtlE CURRENT) CREDITOR. To: Orson Francis: Brierley PO Box 1066' Afton, WY 8.3110 'Person in Possession' 1627 Allred ~ane Aflon, WY 8'5 l.I 0 Gary A. Barney' 267 Main Street Lander, WY 82.520 Margaret Ellen Brierley PO Box 1066 Afton, WY 83110 Georg Jensen 1613 Evans Avenue Cheyenne, WY 82001 U.S. Trustee 308 W. 21~ St., 2'''~ Floor Cheyenne, WY 82001 NOTICE IS :HEREBY GIVEN that pursuant to WYO. STAT. § 34-4-103(iv), Mortgagee Beneficial Wyoming, Inc. intends to foreclose a/Vlortgage dated December II, 2001 and given by Orson Francis Brierley and Margaret Ellen Brierley to Mortgagee Beneficial Wyoming, Inc.. The Foreclosure will be accomplished by advertise~nent and sale. The Mortgagee has declared you !he :Mortgagor in default under said Mortgage. The premises described in the Mortgage are as follows: Lot 14 of the Easy Acres Subdivision, Phase I, Lincoln County, Wyoming as described on the official plat thereof. ' The Mortgage was recorded in the County Clerk and Ex-Officio Register of Deeds of Lincoln County on December 17, 2001, in Book 479PR at Page 395. The legal notice advertising said sale will be published for Ibur (4) consecutive weeks, at least once a week, in the Star Valley Independent-Aflon. The foreclosure sale will take place at 10:00 am. on June 29, 2003, at the fi'ont door of the Lincoln County Courthouse ill Kemmerer, Wyoming. The amount of the Note now due and owing is $123,213.73. Dated: May 10, 2004 BY: BENEFICIAL WYOMING, INC., OF IlIRST & APPLEGATE, P.C. Attorneys for Mortgagee, Beneficial Wyoming, Inc. 1720 Carey Avenue, Suite 200 P. O. Box 1083 Cheyenne, WY 82003-1083 (307) 632-0541 -' ..... _ .... : :,:,.',l,'2dJq :' 7003 1010 0003 8586 4792 7003 ~' 1010 0003 8586 4808 9e~ E000 0~0~ CD EF, OL o ~o © 7003 <~ (D 1010 0003 8586 4822 7003 1010 0003. 8587 8966 7003 1010 0003 8587 8973 To: NOTICE OF FORECLOSURE SALE Orson Francis Brierley PO Box 1066 ~ Aflon, WY 83110 . Margaret Ellen Brierley PO Box 1066 Alton, WY 83110 Person in Possession 1627 Allred Lane Aflon, WY 83110 Georg Jeusen 1613 Evans Avenue Cheyenne, WY 82001 Gary A. Barney 267 Main Street Lander, WY 82520 U.S. Trustee 308 W. 21st St., 2"d Floor Cheyenne, WY 82001 NOTICE IS HliiREBY GIVEN pursuant to WYO. STAT. § 34-4-104 and 34-4- 105, that a certain Mortgage d~ted December 12, 2001, which was executed and delivered by Orson Francis Brierley and Margaret Ellen Brierley, Mortgagors, to Beneficial Wyonfing, Inc., Mortgagee, will be foreclosed by a sale to the highest bidder at a public auction of the premises described pursuant to a power ef sale contained in the Mortgage. If you, as the Mortgagor, wish to cOntest said sale, then you' must challenge said sale by filing a lawsuit in a court of competent jurisdiction. The Mortgage Was filed for record on December 17, 2001, in Book 479PR, at Page 395, in the office of the Recorder of Deeds, Lincoln County, State of Wyoming. The premises that are described ir~ tke Mortgage are as follows: Lot 14 of the ~a~sy Acres Subdivision, Phase I, Lincoln County, Wyoming as described on the official plat thereof. The above sa~_e 'will be conducted by the Sheriff or the SherifFs deputy at the front door of the Lincoln Co~mty Courthouse in Kemmerer, Wyoming, at 10:00 a.m. on June 29, 2003. ~I In the event that a representative of Southwest Title is not present at the sale, the sale will be postponed until a later date. Orson FranCis Bi'ierley and Margaret Ellen Brierley have defaulted in the terms of the Note and Mortgage, and !as ,of the date of this Notice, the undersigned claims an ontstanding balance of $123,578.94. Intcre::;t continues to accrue ou the unpaid balance at the rate of $33.61 per day. This Communlication is an attempt to collect a debt. will be used for that purpose.. DATED: Ma7 213, 2004 Any information obtained BENEFICIAL WYOMING, INC., Mortgagee DALE W. COTTAM OF HIRST & APPLEGATE, P.C. Attorneys for Mortgagee, Beneficial Wyoming, Inc. 1720 Carey Avenue, Suite 200 P. O. Box 1083 Cheyenne, Wyoming 82001 (307) 632-0541 9h~2 0~20 2000 0922 [002 6[62 E ~E 0~20 2000 o~O~ [~OE] 7003 2260 0002 0210 2953 7003 2260 0002 0210 2960 7003 ~> ~.. 2260 0002 0210 m~ la. 297? 7003 2260 0002 0210 2984 [ ° o