HomeMy WebLinkAbout902471CERTIFICATE OF SALE
L!h!OO!..N C3tJHTY CLEF~I';
)ss.
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and cedifies 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 December 12, 2002, executed and delivered by
Julie M. Truchot, a single woman to Wells Fargo Home Mortgage, Inc. and (b)
that certain mortgage dated December 12, 2002 (the "Mort.qacle"), securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on December 19, 2002, as/in Book 507 PR at
Page 656, 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:
Commencing North 90° 0' West, 473 feet and South
0° 0' East, 305 feet from the Northwest corner of the
Southeast Quarter of the Southwest Quarter
(SE1/4SW1/4), Section Twenty-nine (29), Township
Thirty-seven (37) North, Range 118 West of the 6th
P.M., Wyoming, the point of beginning; thence South
0° 0' East, 110 feet; thence North 77° 10' East, 90
feet; thence following an arc with a 70' radius with a
77° central angle for a dista'n'ce of 94.7 feet on the
arc; thence North 0° 0' East, 50 feet; thence South
77° 10' West, 150 feet to the point of beginning
with an address of
195 Lakeview Drive, Alpine, WY 83128
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, Wells Fargo Bank, N.A.
successor by merger to Wells Fargo Home 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 August 5, 2004 issue of said
newspaper and ending with the August 26, 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
19707
Certificate of Sale
Truchot 21309-1285 [04-8280F]
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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 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
124,068.32 ("Bid Sum"), which was bid and offered by
DAVID ~URRIE AND PAULA CURRIE
("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.
day of DATED_,~. ~.~,-~at ~mmerer, , Lincoln2004. County, State of Wyoming, this
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
19707
Certificate of Sale
Truchot 21309-1285 [04-8280F]
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0159
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrurCcnt was sub~;crib~d in my presence and,
acknowledged before me by
De~Juty s.S_l~riff of Lincoln County, State o~ ¢./yomlng, th,s .:~_/day of
, 2004.
Witness my hand and official seal.
My Commission Expires:
19707
Certificate of Sale
Truchot 21309-1285 [04-8280F]
Page 3 of 7
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County Of Lincoln }
0160
I Betty Legarra first duly sworn 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 published on the _
day of (//~,z~,~xa~_
~ .~' day of
,2004 and was published in each succeeding week until the
~.17~..~'~ ,2004 being a period of
successive
week(s). That said newspaper is published weekly on Thursday of each week.
Betty Leg~rra // -'
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 3/9/2005
subscrib'e~,~nd sworn to before me, the~2)/_Sef da)' o1'
/1
~,[~.l_~,/Ll_~_ ..., , 2004. F'ORECLOSURE SALE NOTICE
· . · A q . ZJ~ ' WHEREAS, default in the payment of principal and interest has occurred
~~7~t~//d------ff~-~-;/)'"'~ ~ under the terms of a promissory note (the "Note") dated December 12, 2002,
~. 2_ L~ - - - - -') executed and delivered by Julie M Truchot, a single woman CMortgagor(s)")'~
mathlecn Ro~a~ to Wells Fargo Home Mortgage, Inc., and a real estate mortgage (the "Mort-
gage") of the same date securing the Note, which Mortgage was executed and
delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was
recorded on December 19, 2002, in/as Book 507 PR at Page 656 in the records'.[
of the offifie of the County Clerk and ex-officio Register of Deeds in and
i Kathleen Rosas - Notary Public
', Countyof ~ Stateof i
~ Uncoln ~ . Wyoming
19707
Lincoln County, State of Wyoming; and .*
WHEREAS, the Mortgage coritains a power of sale which by reason of'.'-
said default, the owner of the Note and the Mortgage declares to have become'~
operative, and no suit or proceeding has been instituted at law to recover the,~
debt secured by the Mortgage, or any part'thereof, nor has any such suit
proceeding been instituted and the san~e discontinued; and
WHEREAS, written notice of intent to foreclose the Mortgage by adver-
tisemem and sale has been served upon the record ownei' and the party
possession of the mortgaged'premises at lea~i, ted (i0) days prior t° the com-
mencement of this publication, and the amount due upon the Mortgage on the'.l
date of first publicaUon of tNs nonce of sale being the total ~um of $123,341.63 o
which sum eonststs of the unpmd pnnmpal balance of $117,450.94plus ~n-
terest accrued to the date of the first publication of this notice in the amount,
of $5 194.92, plus late charges m the amo,unt of $184.20~ plus an escrowi,
adv .duce in the amount' of $318.. 57',, plus .... other outstanding charges .... in the amount ,~
of $193.00, plus attorneys' fees,; costs expended, and accruing mterest and t,
late charges after the date of first publication of this~notice of sale;
NOW, THEREFORE Wells Fargo Bank, N.A. Success?r by ~erger to Wells ~
Fargo Home Mortgage, Inc, as the 6Wner of the Note and the Mortgage, will ~
have the Mortgage foreclos'ed !{is by~l~:~r0yided.by :c~hsing the'mortgaged ~
property to be sold a(pUblic ~,en :lu~'l ~' ~[~' Sheriff br Deputy Sheriff in and~,
for Lincoln County Wyomingto tll6.i ;he'sibi~ld~r for'da~hYi~[ i0:00'o~clock~
fi, th~ foreuo6n on Aupust 31': 2~)04'.'the'front' door:of the'Lincoln County ;*
Courthouse in Kemmerer, L~nco [n C{ nty, Wgo~]ng, for,apphcatmn on the ~;
escnbed amoudts s~i~ ~ b'~' ~/vl;~a~:'~ifid'}n~'r[gaged Pr0~)erty ~
above-d ' . .Y . . ,. -, ..... . - ,,
being described as fo}lo~;'t6~ [~!"'~i ?~' :('. :' ':i'.."i:i: ;-" 7 ' ~' '" ' ' '
'i .. Commencing Noah 9 3?{ 0! V~S(:473 fe~i :aq.d..' .~guth O?:.0'
East 305 feet fr0fi~'~t~'N{ h~eSt'~oiherofthe"Southeas~
' Quarter of the South~vest Uarter (SEI/4SWI/4), Section
i: .. Twenty-nine (29), To~hip Thirty-seven (37) Nqnh, Range ~
f:. 118 West of the 6th:~g~::.Wy, oming, the point o~ begin.ning;
~)¢" t ~ence Sduth 09 org}"~:,i':l i0 ~'e~[~i::th~cg North:77? 10' East, '
' 90 feet therlc~¥dilb~i~ig an arc ~vith a 70' radius with a 77°
"~..; central angle for a distance of 94.7 feet onthe arc; thenc~
· , o " ~-~ ° ' ce"
[' ' North00'East 50 .(?t, !~hence South 77 10<W.est, f50f t '.
~ ' to the point ofbbg~g' 5~ :a."~ e..?:;. .:L~ %:' 5:"-· ~"
'~ "" with an address 6f = ' ...... '..I. . 7,
!' 195 makeview Drive, Alb~e, WY 8} 128 ......
' Together with all improvement{ there6n sittmte and au nxtures and appur- ~
{enances thereto. ' ......... "~ ......... !4 ..... ;'.:(i'i:. &..;'. ' ..
i' . ' Wells Fargo Bank, N.A.,
~ successor b .merger to Wells Fargo Ho.~.e .M~ortgage Inc.
~"' ' ' ~'~ . ~f~:ts~5,*,:,,N?'~'~'~'- ', ~,,'; ',~ :4 % ," ~ ~ ' ,' '- ~ ,.' , ~
· .~;:;. ?:, .-.,'~?' '.~,' ",,' '%' Cas e: ~ ~ ~g82601'
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 December 12, 2002 (the
"Mort_qaqe"), and recorded on December' 19, 2002 as/in Book 507 PR at Page
656 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 Julie M. Truchot, a
single woman ("Mortgagor(s)"), the named mortgagor(s), and Wells Fargo Home
Mortgage, Inc. 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 2477 7418
Julie M. Truchot
195 Lakeview Drive
Alpine, WY 83128
CERTIFIED MAIL NO.7004 0550 0001 2477 7401
Julie M. Truchot
P.O. Box 3246
Alpine, WY 83128
CERTIFIED MAIL NO. 7004 0550 0001 2477 7395
Occupant
195 Lakeview Drive
Alpine WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 19, 2004 and the date of the first publication of the notice
of foreclosure sale was August 5, 2004.
090,.,4 ..,&
19707
Certificate of Sale
Truchot 21309-1285 [04-8280F]
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FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew & Ma~ey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
0162
Rippley this
Subscribed iQ my pre~ence and sworn to before me by P. Jaye
_~,~ day of ?~_~ ,2004.
Witness my hand and official seal.
/l~otary Public / - - -
My Commission Expires:
IBARBARAA. RASMUSSEN.NOTARY PUBLIC
County of ~ State of
Natrona ~ Wyomln9
My Commission Expires Januar~ 23, 2008
19707
Certificate of Sale
Truchot 21309-1285 [04-8280F]
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
0163
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 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.
~J I~. Jaye~pp(e~/
of Brown, Drew & Ma~sey, 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 ofz/__~.z.~.~ , 2004.
v
Witness my hand and official seal.
My Commission Expires:
BARBARA A. RASMUSSEN-NOTARY PUBLIC
co..,, o,
Natrona ~.¢~' Wyoming
My Comrnlaslon Explrea Jalluar~ 23 2008
/Rotary Public ' / - -
/
19707
Certificate of Sale
Truch at 21309-1285 [04-8280F]
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