HomeMy WebLinkAbout902470STATE OF VVYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
)
)ss.
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 November 29, 1999, executed and delivered by
Stephen A. Smith, a single man to Major Mortgage and (b) that certain mortgage
dated November 29, 1999 (the "Mort.qacle"), securing said note, which Mortgage
was executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on December 6, 1999, as/in Book 439PR at Page 123, 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 6 of the Hialeah Subdivision, Lincoln County,
Wyoming as described on the official plat thereof
with an addresS of
164 Hialeah County Road 405, Alton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Principal Residential Mortgage, Inc.
Assignment dated: November 29, 1999
Assignment recorded: February 7, 2000
Assignment recording information: Book 441 PR at Page 267
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, Principal Residential Mortgage,
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 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 1, 2004 issue of said
newspaper and ending with the July 22, 2004 issue thereof, and again once a
week for four (4) consecutive weeks, commencing with the August 5, 2004 issue
of said newspaper and ending with the August 26, 2004 issue thereof; that said
19702
Cedificate of Sale
Smith 21309-1263 [04-7688F]
Page 1 of 8
:0151
notices 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
notices 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 31, 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 real property was the sum of
$96,497.68 ("Bid Sum"), which was bid and offered by Principal Residential
Mort.qaqe, 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 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 31, 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
day of ,~,,~ ~ ¢¢:-.. ,2004.
V
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: ..~"o.~-
Title: ~;:) .-~,~
197O2
Cediflcate of Sale
Smith 21309-1263 [04-7688F]
Page 2 of 8
090,..-t ,,U
0152
ACKNOV~/LEDGMENT
STATE OF VVYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrumt~nt wss subscribed tin my presence and,
acknowledged before me by
D~puty S~l~,riff of Lincoln Count~, ~tate'of Wyohning, this ,¢~-1_I day of
_~ k"~v~-~, 2004.
(' - Witness my hand and official seal.
My Commission Expires:
19702
Certificate of Sale
Smith 21309-1263 [04-7688F]
Page 3 of 8
EXHIBIT A
0153
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 November 29, 1999 (the
"Mort.qaqe"), and recorded on December 6, 1999 as/in Book 439PR at Page 123
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 Stephen A. Smith, a single
man ("Mortgagor(s)"), the named mortgagor(s), and Major Mortgage is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Principal Residential Mortgage, Inc.
Assignment dated: November 29, 1999
Assignment recorded: February 7, 2000
Assignment recording information: Book 441 PR at Page 267
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 5813
Stephen A. Smith
164 Hialeah County Road 405
Afton, WY 83110
CERTIFIED MAIL NO.7003 3110 0001 4261 5806
Stephen Smith
P.O. Box 1326
Afton, WY 83110
CERTIFIED MAIL NO.7003 3110 0001 4261 5776
CitiBank Federal Savings Bank
One Sansome Street
San Francisco, CA 94104
CERTIFIED MAIL NO. 7003 3110 0001 4261 5790
Occupant
164 Hialeah County Road 405, Afton,
WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 14, 2004 and the date of the first publication of the notice
of foreclosure sale was July 1, 2004.
19702
Certificate of Sale
Smith 21309-1263 [04-7688F]
Page 4 of 8
FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew 8, Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in~ my pre~ence and sworn to before me by P. Jaye
Rippley this ..~ day of ~ , 2004.
Witness my hand and official seal.
/Notary Publid /'
My Commission Expires:
~.Q. Ullt~ Of ~ State of
N~tr~n~ ~ Wyoming
My c¢~m ~le~ E~Dlre~ January 23 2008
19702
Certificate of Sale
Smith 21309-1263 [04-7688F]
Page 5 of 8
EXHIBIT B
PUBLISHER'S AFFIDAVIT
0155
PROOF OF PUBLICATION
THE STATE OF WYOMING }
)ss
County Of Lincoln }
I Betty Legarra first duly sworu deposes and says that be/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 ~/}~_._z,~'~ ,2004 and was published ill each succeeding week until the
/
day of t/~~ ,2004 beinga period of 4/ successive
week(s). That said newspaper is published weekly on Thursday of each week.
Betty Leg~rra
subscribed/my sworn to before me, the day o1'
/ t ,v NOTICE OF POSTPONEMENT
[~(.~&f_~ ,2,~04. OF FORECLOSURE SALE
6/~/~ /J WHEREAS, default in the payment o~firlncipal and interest has occurred
t"~d7'/z~] ~tgP~ J/~e'/~9/'t- under the terms of a promissory note (the Note") dated November 29, 1999,
...... ~ ..... - -~-~ -~" ~ ~'--- executed ~ind delivered by Stephen A, Smith, a s~ngle man ("Mortgagor(s)")
h. atnleen l~osas , · '
to Major Mortgage ("Mortgagee"), and a real estate mortgage (the "Mort-
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 3/9/2005
Co n ,o Stat ot i
Lincoln~ Wy0r~ng
gage") of the same date securing the Note, which Mortgage was executed and
delivered by Mortgagor(s), to Mortgage61 and wb. ich lv~0/tgage was recorded
in the records of the office of the ~2ountY'Clerk and ex-officio Register of
Deeds m and lot L~ncoln County State of'Wy0m~ng, on December 6, 1999,
as/in Book 439PR at Page 123; . . ~ - '
WHEREAS, the Mortgage has been duly assigned for value by Mort-
gagee as follows:
Assignee: Principal Residential Mortgage, Inc.
As~ignmeut dated: November 29, 1999
~Assignment recorded: Febriiary 7, 2000
~ Assignment recordinig informaiio~{: B'o01~4~lPR at Page 267 .
:~;i~AI~, in the records of the Q~d'ni~ ~i~: ~d. el-x~'ffi~i& R6gi~t~r 0f :.D. ogds in
_a~d_~fo~rldncoln County, W~o_.~nd!.gg;_~q.d:-' !':. ~;..~.~_z _:_:i ~:
~ ~REAS, written nofice'o..f,'i~tbn,:~ ¢~/re~.l'oSd-~tE~;;M6r~gage b'y adver-
~t and sale, pursuant tiS't}/e iaBns'"gf~[he, Mor[gage,"Sa's ~een seryed
U~'~.¢e record owner and t ...... Of the' mortga'g~d'premises ht'~'
ie~i:'{~n (10) days prior to f
;~'i~!i~l~ P~operty covered by
· 5¢ ~. ~
· " :. Lot6otthe
as described on the
164
that the
27, 2004, at lO:O0 a 2ohnty~i
19702
Certificate of Sale
Smith 21309-1263 [04-7688F]
Page 7 of 8
EXHIBIT C
AFFIDAVIT OF ATTORNEY
0156
STATE OF WYOMING )
)ss.
COUNTY OF NATRONA )
0 ~' ....
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 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.
0 P~/Jaye Ri~)l:)ii~'y)
of Brown, Drew & Mas's'ey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
this
My Commission Expires:
BARBARA A. RASMUSSEN-NOTARY PUBLIC
County of ~'~ State of
Natrons ~ Wyomlnff
My Cornr~H~slon Expires Jalquar}/ 23, 2008
,..~.ubscribed.~in my presence and sworn to before me by P. Jaye Rippley
day of~, 2004.
Witness my hand and official seal.
19702
Certificate of Sale
Smith 21309-1263 [04-7688F]
Page 8 of 8