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Home My WebLink About901637/l 5 3 CERTIFICATE OF SALE RECEIVED LINCOLN COUH"t-Y CLERK STATE OF WYOMING COUNTY OF LINCOLN Lee Gardner of lawful age being first du y 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 May 2, 2003, executed and delivered by Mark E. Skapple, a married person to Ameriquest Mortgage Company and (b) that certain mortgage dated May 2, 2003 (the "Mortqa_qe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 13, 2003, as/in Book 520 PR at Page 511 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 Mortgage covers that certain real property described below, as follows, to-wit: Lot 21 of Star Valley Ranch Plat 5 Lincoln County, Wyoming as described on the official plat thereof with an address of 191 Barberry Way, Thayne, WY 83127 Together with all 'mprovements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee Assignment dated: May 12, 2003 Assignment recorded: June 14, 2004 Assignment recording information: Book 558 PR at Page 760 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, Deutsche Bank National Trust Company, as Trustee ("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 shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 5. That Mortgagee has cause(] 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 ssue 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 18229 Cedificate of Sale Skapple 21309-1028 [03-17056] Page 1 of 7 notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part 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 'n 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 real property was the sum of $ ].58,525.oo ("Bid Sum"), which was bid and offered by Deutsche Bank National Trust Company, as Trustee ("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 property 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 in full compliance with the provisions of the Modgage thereby foreclosed and was in 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. DATED at Kemmerer, Lincoln County, State of WYoming, this 3rd day of August , 2004. Lee Gardner, Sheriff in and for Lincoln County, State o~ Print Name:_, ~,2~, ~,',~ ~, Title: L'~,:~:/" _ ~.,',/~ 18229 Certificate of Sale Skapple 21309-1028 [03-17056] Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) The foregoing instrument was subscribed in my presence and acknowledged before me by ,...~h(~Nlfl bJhl'hlgOr¢., Dgputy Sheriff of Lincoln County, State of Wyoming, this .~L~ day oi ,..,~1 ~ ,2004. Witness my hand and official seal. My Commission Expires:.~l/f-~,) Noi~ PL~blic 18229 Certificate of Sale Skapple 21309-1028 [03-17056] Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 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 in a procedure to foreclose a certain real estate mortgage dated May 2, 2003 (the "Mod.qa.qe"), and recorded on May 13 2003 as/in Book 520 PR at Page 511 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 Mark E. Skapple, a married person ("Mortgagor(s)"), the named mortgagor(s), and Ameriquest Mortgage Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company as Trustee Assignment dated: May 12, 2003 Assignment recorded: June 14, 2004 Assignment recording information: Book 558 PR at Page 760 Al 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 1010 0005 5712 3689 Mark E. Skapple 191 Barberry Way Thayne, WY 83127 CERTIFIED MAll. NO.7003 1010 0005 5711 5721 Mark E. Skapple P.O. Box 302 Afton, WY 83110 CERTIFIED MAIL NO.7003 1010 0005 5711 5707 Mark E. Skapple 1024 Southgate Logan, UT 84321 CERTIFIED MAILNO. 70031010000557115714 Occupant 191BarberryWay Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 21, 2004 and the date of the first publication of the notice of foreclosure sale was July 8, 2004. 18229 Certificate of SaFe Skapple 21309-1028 [03-17056] Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. By ~d P.'Jaye R~p~) e of Brown, Drew & Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyomin§ 82601 (3'07) 234-1000 Rippley this Subscribed ~ my presence and sworn to before me by P. Jaye .~ day of ,~.z~.~ , 2004. Witness my hand and official seal. 'Notary Public / My Commission Expires: County of ¢~ State of Natrona ~ Wyomlm2 My Comml~Blon Ex~)lre~ January, 23. 2008 18229 Certificate of Sale Skapple 21309-1028 [03-17056] Page 5 of 7 EXHIBIT B PROOF OF PUBLICATION THE STATE OF WYOMING } }ss Connty of Lincoln } Roger Capellen first duly sworn deposes and says that be/she is an employee of the KEMMERER GAZETTE, a newspaper of general circulation, lmblisbcd in Kemmerer, Lincoln County, in the State of Wyomiug. 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 r~04~/~z?day of (~)~/~ 2004 being a period of 2// successive week(s). That said newspaper is published week on Thursday of each week. ~~r Capellen Suhscribed and sworn to before me, the ~ ~'~/da), ol' 2004. Notary Pul~ic, Lincoln Cou*nty, Wyoming My Commission Expires on May 11,200? Certificate of Sale Skapple 21309-1028 [03-17056] Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) )SS. COUNTY OF NATRONA ) P. Jaye Rippley, of lawfu 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 shal be retained entirely by the law firm of Brown, Drew & Massey, LLP. There s 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 actual y rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIANT SAYETH NAUGHT. of Brown, Drew & Massey, LLP 159 Nodh Wolcott, Suite 200 Gasper, Wyoming 82601 (:307) 234-1000 Subscribed_.~n my presence and sworn to before me by P. Jaye Rippley this ~ day o~.~ , 2004. Witness my hand and official seal. My Commission Expires: ........ I otary Public ;// ' -' 18229 Certificate of Sale Skapple 21309-1028 [03-17056] Page 7 of 7