HomeMy WebLinkAbout901636STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
)
)ss.
)
901635
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
1. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated February 10, 2003, executed and delivered by
Douglas Rieck, an unmarried man to New Century Mortgage Corporation and (b)
that certain mortgage dated February 10, 2003 (the "Mortqaqe"), securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on February 14, 2003 as/in Book 512PR at Page
784, in the records of the office of the County Clerk and ex-officio Register of
Deeds in and for Lincoln County, State of Wyoming, and which Modgage covers
that certain real property described below as follows, to-wit:
Part of Lot 2 of Block 4 of the Afton Townsite, Lincoln
County, Wyoming, more particularly described as
follows:
BEGINNING at a point 110 feet Southerly from the
Northwest corner of said Lot 2 and running thence
Southerly, along the West line of said Lot 2, 121 feet;
thence Easterly, parallel to the North line of said Lot
2, 200 feet; thence Northerly, parallel to the West line
of said Lot 2, 121 feet; thence Westerly, parallel to the
North line of said Lot 2, 200 feet to the POINT OF
BEGINNING
with an address of
135 Adams Street, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto
The mortgage was assigned for value as follows:
Assignee: FV-1, Inc.
Assignment dated: February 20, 2003
Assignment recorded: June 14, 2004
Assignment recording information: Book 558PR at Page 762
All in the records of the County Clerk and ex-officio Register of Deeds in and for
LincOln County, Wyoming.
3. That no suit or proceeding has been instituted at law to
recover the debt secured by the Mortgage, or any part thereof.
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, FV-1, Inc. ("Mortgagee") elected
to foreclose the same and at the request and direction of Mortgagee a written
nOtice of the intention to foreclose the Mortgage was served upon the record
owner and the party in possession of said real property at least ten (10) days
· prior to commencement of the first publication of the foreclosure sale notice, as
18236
Certificate of Sale
Rieck 21309-1002 [03-16300]
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shown by the affidavit attached hereto as Exhibit A and by this reference made
a part hereof.
5. That Mortgagee has caused publication to be made of a
notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the July 8, 2004 issue of said
newspaper and ending with the July 29, 2004 issue thereof; that said notice did
comply in all respects with the requirements of the statutes relating to
foreclosures of mortgages by advertisement and sale; and that a copy of said
notice and the publisher's affidavit of publication thereof are attached hereto as
Exhibit B and by this reference made a pad hereof.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On August 3, 2004 at 10:00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the City of
Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell
the above-described real property at public auction in accordance with the notice
of foreclosure sale by then and there calling for bids on said real property; and
that the highest and best sum bid for said rea property was the sum of
$166,898.28 ("Bid Sum"), which was bid and offered by FY-l, Inc. ("Successful
Bidder") and that after soliciting and calling for other and higher bids therefor, and
receiving none from those attending upon the sale, said real property was struck
off and sold by the undersigned to the Successful Bidder for the Bid Sum; and
that the Bid Sum was thereupon paid and the sale of said real properly was then
and there completed as by law provided.
7. That the sum of $650.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Mortgagee as compensation for services actually
rendered in the foreclosure proceeding, said attorneys having made an affidavit
as required by the statutes of the State of Wyoming, a copy of said affidavit being
attached hereto as Exhibit C, and by this reference made a part hereof.
8. That the sale of the above-described real property was made
'n full compliance with the provisions of the Mortgage thereby foreclosed and was
'n all respects conducted in conformity with the requirements of the Wyoming
Statutes.
9. That said Successful Bidder shall be entitled to a deed to the
above-described real property, together with all improvements thereon situate
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after August 3, 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
3rd
DATED at Kemmerer, Lincoln County, State of Wyoming, this
__day of August ,2004.
18236
Lee Gardner, Sheriff in and for Lincoln
Print N~me:
Certificate of Sale
Rieck 21309-1002 [03-16300]
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ACKNOWLEDGMENT
STATE OF VVYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
Deputy. Sheriff of Lincoln
. ~t/,~,j~%t, , 2004.
instrument was subscribed in my presence and
County, State of Wyoming, this ~ day of
Witness my hand and official seal.
My Commission Expires:
Notary Public
18236
Certificate of Sale
Rieck 21309-1002 [03-16300]
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
P. Jaye Rippley of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is an attorney admitted generally to practice law in
the State of Wyoming and is a member of the law firm of Brown, Drew & Massey,
LLP, who are the attorneys representing the Mortgagee ~n a procedure to
foreclose a certain real estate mortgage dated February 10 2003 (the
"Mort.qa_qe"), and recorded on February 14,'2003 as/in Book 5rl2PR at Page 784
in the records of the office of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, State of Wyoming, wherein Douglas Rieck, an unmarried
man ("Mortgagor(s)"), the named mortgagor(s), and New Century Mortgage
Corporation is the named mortgagee which Mortgage was assigned for value as
follows:
Assignee: FV-1, Inc.
Assignment dated: February 20, 2003
Assignment recorded: June 14, 2004
Assignment recording information: Book 558PR at Page 762
All' in the records of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, Wyoming; by advertisement and sale as provided under the
provisions of Wyo. Stat. §§ 34-4-101, et seq. (1999). The Mortgage was
foreclosed by reason of default having occurred under the terms of the note
secured thereby.
2. That written notice of intent to foreclose the Mortgage by
advertisement and sale has been served upon the record owner and the person
in possession by certified mail, return receipt requested, mailed to the last known
address of the record owner and the person in possession at least ten (10) days
before commencement of the first publication of the notice of the foreclosure sale
as follows:
CERTIFIED MAIL NO. 7003 3110 0001 4261 6261
Douglas Rieck
135 Adams Street
Afton, WY 83110
CERTIFIED MAIL NO. 7003 3110 0001 4261 6223
Dorothy Broadhead
94 Worton
Auburn, WY 8311 1
CERTIFIED MAIL NO.7003 3110 0001 4261 6254
Douglas Rieck
P.O. Box 9827
Jackson, WY 83002
CERTIFIED MAIL NO. 7003 3110 0001 4261 6247
Occupant
135 Adams Street
Afton, WY 83110
CERTIFIED MAIL NO.7003 3110 0001 4261 6285
Suzan C. Pauling
General Delivery
Afton, WY 83110
CERTIFIED MAIL NO.7003 1010 0005 5711 5691
Conrad & Bischoff Inc.
1175 Highway 22
Jackson, WY 83001
18236
Certificate of Sale
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CERTIFIED MAIL NO.7003 3110 0001 4261 6278
Suzan Pauling
508 E. Lyons St.
Laramie, VVY 82072-2171
CERTIFIED MAIL NO.7003 1010 0005 5711 5684
Peavler Mountain Star
50 Rocky Rd.
Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 22, 2004 and the date of the first publication of the notice
of foreclosure sale was July 8, 2004.
FURTHER AFFIANT SAYETH NAUGHT
{,../ I~-Jay~ I~l~ey
of Brown Drew & Massey, LLP
159 Nodh Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Rippley this
Subscribed .~ my presence and sworn to before me by P. Jaye
_.~ day o~_.u¢./~ , 2004.
Witness my hand and official seal.
~lotary Pu~ic
My Commission Expires:
18236 Cedificate of Sale
Rieck 21309-1002 [03-16300]
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EXHIBIT B
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
--845
Roger Capellen first duly sworn deposes and says that he/she is an employee of the
KEMMERER GAZETTE, a newspaper of general circulation, published in Kemmerer,
Lincoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached was published on the
day of
,2004 and was published in each succeeding week until the
da)' of /(~~r/_ ,2004 being ~, period of 2t/ successive
week(s). That said newspaper is published week on Thursday of each week.
Subscribed and sworn to before me, the F'4d. ~- day of
2004.
%_ Ly,,n rV ,,,:kinen
Notary l'tl~lic, Liucoln Cotmty, Wyoming
My Commission Expires on
May ! !, 2007
ch suit
by adver~
the party ir/,
;session )) days prior
ncement oft] due upon the Mortal'ge on the
le of first public, afion Of this notice
icbm§urn consists of the unpaid principal balance Of $148,418.96plus in-
~st acc~ed to the datelof the first publication of this notice in th~ amount
t;i4,0i7.90, plus otheroutstanding charge~ in. the amount of $357.99, less
aspense bal :.~.~'c~' in the.~m°Unt of $801.82, pl(~ attorn~y~;:fees costs ex-
~ded,'and aecrhi'ng intSrfist find' late c~arges hfter the date of first publica5
of this .n,.ptme of sa!e; ..... ".!~
· Now, T!tEREFORE FV-1, Inc., as the owner of the Note and the Mort¢
;¢, Willihaxig. the~:Mbttga~¢f~r~elp~,6d:ii~ b~ law 'Pr0vFqed.' by causing th6
,rtgage'd propertf to' 'be sold'hl p~iblic'v;ndue' by Ce 'Sll6riff or Deput~/
~riff in'm~d for Linqbln C!oulnty, )~tyoming to tl~e
)0 °'~lock}i'n {1~¢ ~0ie'hbon ~;n'Ah~'h;t' 3, 2004::'at'-the front door of the
~olh'pohnty.cah~i~i~ti;;"iii:K~ai~e[er Linc0inCoUnty wyoming fo~
-- ' ,', ' ' ' ,~ ',',- : 3' ·
hcl~l] on ~'¢~?;~a~.~ye.;i~lti~B..bcj.4,~5~.. oul!ts;'se~Ur.¢d{,.by.: tlie Mortgage smd
18236
IDJar,a Lln:~ M¢lcl~,h, . d0tary Public
lI; co.c,l~ of .{'~-i' · :~,/ ~l'~l'e ot
Par~ of Lo[ 2 ~f Block 4 of the A~on lbwnsi[e [ ncoln
Coumy, yommg, more particularly described as follows:
.;. BEGINNING at a point 110 feet Southerly from the North-
west corner of said Lot 2 and running thence Southerly along
thence Easterly, parallel to the North line of said Lot 2
:: t~et; thence Nortb~j3 Pa:rali~l to tim West li,~e of said l'~
~ 121 l~ct- thdfid~)r~es~i:'''''' + :: ~ ".-': '- . '. 7 -,
~ ~ ~;,... - y~ p~allei to the North hne o[ said
i, ~ot 2,200 feet to the PO~T OF BEGINNING
li with au address of '
-' j ~35 Ad,m~s )[re~t; Agoo;:~'~gS'i,lO.,?. :.~.;~j .~:4~.. ~...:,-;:
~ ' ~lb eth ' ', ': '~it'>~:~:~;r~'~5,:e~'~2'$-~'~ "~i*'h'.~.L: ~
~.. j g er, w~th all ,lmp[99~g~...[~re.ofi stttiat~.hhd.alVfix~
[; , .:. ; lures and appunefian'c~-~h'~?&i3~;'~:??;:~,,;f~:-.-,, ;,, ¢.~:,;,' , .L.¢~';i ,,',~
,, ,,., :
J'/ ": :',~( ':':~??¢~,:(~.'U~?df;,' .;¢; 'Brown Drew & Mas, ' :'1
='"ul"" 8 15 22 ' ' ~: '~' ~,~,~$'~d' :'~ ,,` ~- '7 '.~:~ ' ~¢,, '~;' v: ;. :d Casper, Wyomin.. g 82601
)¢ y - - -29 : ~:" . .;<- ," ;.? ,:,. .:.... :: .
....... ;'~ ~ ..... : . 070811
Cedificate of Sale
Rieck 21309-1002 [03-16300]
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846
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF VVYOMING )
)SS.
COUNTY OF NATRONA )
P. Jaye Rippley, of lawful age, being first duly sworn upon her oath,
deposes and says:
1. That she is a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of the law firm of Brown, Drew &
Massey, LLP, who are the attorneys representing the Mortgagee in a procedure
to foreclose a cedain real estate mortgage.
2. That Brown, Drew & 'Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $650.00 as compensation for
services actually rendered in the foreclosure proceeding.
3 That the above-mentioned fee for services rendered and
incurred in connection with the foreclosure sale shall be retained entirely by the
law firm of Brown, Drew & Massey, LLP. There is no agreement, express or
implied, between such attorneys and their client, nor between such attorneys
and any other person not a practicing attorney of the State of Wyoming engaged
with them as an attorney in this foreclosure proceeding, for any sharing or
division of said fee to be added to the debt involved, and said fee when so added
to the debt involved shall be only as compensation for services actually rendered
in the foreclosure proceeding by an attorney admitted to practice in the State of
Wyoming and residing therein.
FURTHER AFFIANT SAYETH NAUGHT.
· Jay~ I~i~p~ey
of Brown, Drew & M~ssey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
this
Subscribe¢, in my presence and
day o~.4./.z.¢ , 2004.
Witness my hand and official seal.
My Commission Expires:
~¢ Stato of
I Natrolla ~ Wyoming
~alqn ExpIre~ Ja~uar~ 23, 2008
sworn to before me by P. Jaye Rippley
18236
Certificate of Sale
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