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Home My WebLink About901921 CERTIFICATE OF SALE 901921 STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) REOEIVED _IN00LN COUNTY 0LERK 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 September 8, 2003, executed and delivered by Martin Allan Carlson and Brenda Giles Carlson, husband and wife to Far West Bank and (b) that certain mortgage dated September 8, 2003 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 12, 2003, as/in Book 534 PR at Page 501, 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 60 of the Star Valley Ranch Plat 6, Lincoln COunty, Wyoming as described on the official plat thereof with an address of 599 Vista East Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, Far West Bank ("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 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 15, 2004 issue of said newspaper and ending with the August 5, 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 part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On August 10, 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 18731 Certificate of Sale Carlson 30704-0002 [115002669] Page 1 of 7 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 22,071o80 ("Bid Sum"), which was bid and offered by Far West Bank ("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 $600.00 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 Mortgage 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 10, 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 t0tUay of August , 2004. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming Print Name: Klm Cooper Title: Deputy Sheriff 18731 Certificate of Sale Carlson 30704-0002 [115002669] Page 2 of 7 ACKNOWLEDGMENT STATE OF VVYOMING ) )SS. COUNTY OF LINCOLN ) The foregoing instrument was subscribed in my presence and acknowledged before me by Klm Cooper Deputy Sheriff of Lincoln County, State of Wyoming, this t0[h day of August , 2004. Witness my hand and official seal. My Commission Expires:t..~~ ~,~) ,~-~ 18731 Certificate of Sale Carlson 30704-0002 I115002669] Page 3 of 7 EXHIBIT A ' AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGF 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 Modgagee in a procedure to foreclose a certain real estate mortgage dated September 8, 2003 (the "Mort.qacle"), and recorded on September 12, 2003 as/in Book 534 PR at Page 501 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 Martin Allan Carlson and Brenda Giles Carlson, husband and wife ("Mortgagor(s)"), the named mortgagor(s), and Far Wes[ Bank is the named mortgagee; 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. 7004 0550 0001 2476 8492 Martin Allan Carlson 599 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO.7004 0550 0001 2476 8485 Brenda Giles Carlson 599 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO. 7004 0550 0001 2476 8447 Martin Allen Carlson 33 North 400 East St. George, UT 84770 CERTIFIED MAIL NO.7004 0550 0001 2476 8454 Brenda Giles Carlson 33 North 400 East St. George, UT 84770 CERTIFIED MAIL NO. 7004 0550 0001 2476 8430 Martin Allen Carlson 749 Larkspur St. George, UT 84770 CERTIFIED MAIL NO. 7004 0550 0001 2476 8423 Brenda Giles Carlson 749 Larkspur St. George, UT 84770 CERTIFIED MAIL NO. 7004 0550 0001 2476 8416 Countrywide Home Loans, Inc. 7105 Corporate Drive PTX B-35 Piano, TX 75024 CERTIFIED MAIL NO 7004 0550 0001 2476 8478 Occupant 599 Vista East Drive Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 30, 2004 and the date of the first publication of the notice of foreclosure sale was July 15, 2004. 18731 Cedificate of Sale Carlson 30704-0002 [115002669] Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. of Brown, Drew &LlCvl~ss'L~, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 {Sjubscribed ia my presence,~,and.~sworn to befo~:e.-.me.-.by~P. Jaye Rippley this -t'r~day of b~-~%"r'. ,/2004. ~ ............ Witness my hand and ~¢ ~eaF -1~gt~W PubliC,., /' ,~¢' '-.. Comm ss,o 18731 Cedificate of Sale Carlson 30704-0002 [115002669] Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT PROOF OF PUBLICATION THE STATE OF WYOMING } }ss County of Lincoln } Kathleen Rosas 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 lmblished on the day of .~_./~J~_._.,~/.~.. ,2004 and was published in each succeeding week until the r'%5''''''/'/2~ /{lay of _L~.~tO~ -~,-..-_-, .o-/f, 2004 being a period of '5/ successive w~hat said newspaper is published week ou Thursday o|' each week. Kathleen Rosas Subscribed and sworn to before ~ne, the ,-Z -An2 mt 5 '~ // Diana Lynh Mackinen Notary Public, Lincolu County, Wyoming My Commission Expires on May 11, 2007 Diana L~,,nn Mackmen- iq-,~,.at ~ ,-u~, Y ," Wyoming Certificate of Sale Carlson 30704-0002 [115002669] ....' , Page 6 of 7 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 aw firm of Brown, Drew & Massey, LLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Brown, Drew & Massey, LLP, as attorneys for the Mortgagee will charge the Mortgagee fees totaling $600.00 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.,.____ of Brown, Drew & ~sey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 G 8 dlS~'r~e~--'~'~;~';;V'"a~--~¢o%~; "be for e-..~ e~by-P:---J aye Rip ,ley this ¢ ~tday of ~%~, 2004. k% ,¢,~ I . %~ ......... ~,:' . ~. ,.I __ ha d ,nd-':: .... ..... NECa~.P '" "" .,- v~ ,. My commission Expires: " ............ ~;~:;)' .......... ~ ~) %% 18731 Certificate of Sale Carlson 30704-0002 [115002669] Page 7 of 7