HomeMy WebLinkAbout902723STATE OF WYOMiNG
CERTIFICATE OF SALE
COUNTY OF LiNCOLN
)
)s 02723
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-' '. ,, :.. ~ COt. IN
LEE GARDNER, of lawful age, being first dulY' g426~, u~6[ms~},o, ath, states
· . . · ' .:',:.:. q:~i,
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 occun'ed under the terms of (a) that certain
Promissory note dated March 11, 2002, ( the "Note,.), executed and delivered by Randy D.
Sessions and Raquel Sessions, husband and wife, to First National Bank-West, and (b) that
certain mortgage dated March 11, 20021 '(the "Mortgage"), securing the Note, which
Mortgage was executed and delivered hy(mortgagors, Randy D. Sessions and Raquel
Sessions, husband and wife, to mortgagee, named First National Bank-West, and was
recorded in the records of the office of the County Clerk and ex-officio Register of Deeds
in and for Lincoln County, State of Wyoming, on March 13, 2002, in Book 485, at Page 223,
(Instrument No. 879673), and which Mortgage covers that certain real property described as
follows, to-wit:
BEGINNING at the Northeast comer of S 1/2NE1/4NE1/4 of
Section 24, T31N Rll9W of the 6 th P.M., Lincoln County,
Wyoming; and running thence N 00°10'E, 259.0 feet to a point;
thence West parallel to the north line of said S 1/2NE 1/4NE 1/4,
252.3 feet to a point; thence S 00° 10' W, parallel to the west line
of said S1/2NE1/4NE1/4, 259.0 feet to said North line; thence
East, along said north line 252.3 feet to the CORNER OF
BEGINNiNG.
Said mortgaged property has the address of 2163 State Highway
241, Afton, Wyoming 83110.
Together with all improvements thereon situate and all fixtures and appurtenances thereto.
3. That the mortgage, together with the Note secured thereby were
assigned for value by First National Bank-West, to Wyoming Community Development
Authority (~) by the endOrsement of such Note and the execution and delivery
of that certain assignment of mortgage dated March 11, 2002, and recorded in the records of
the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County,
State of Wyoming on March 14, 2002, in Book 485, at Page 283, (Instrument No. 879689).
4. That no suit or proceeding has been instituted at law to recover the debt
secured by the Mortgage, or any part thereof.
5. That the power of sale contained in the Mortgage having been made
operative by reason of such default, 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 the commencement of the first publication of the foreclosure
sale notice, as shown by the. affidavit attached as Exhibit A hereto and by this reference
made part hereof. .. ~ ,
6. That Mortgagee has caused publication to be made of a notice of
foreclosure sale in the Little Chicago Review, 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 14, 2004 issue of said newspaper and ending with August
4, 2004 issue thereof; that a Notice of Postponement of Foreclosure Sale which the
Mortgagee has caused to be published in the Little Chicago Review, a newspaper published
and having general circulation in Lincoln County, state of Wyoming, for two (2) consecutive
weeks commencing with the August 26, 2004 issue of said newspaper and ending with the
September 1, 2004 issue thereof; that said notice did comply in all respects with the
requirements of the statutes relating to foreclosure of mortgages by advertisement and sale;
and that a copy of said notice and the publishers' affidavit of publication thereof are attached
as Exhibit B hereto and by this reference are made a part hereof.
7. That on the date, and at the time and place, specified in said Notice of
Postponement of Foreclosure Sale, to-wit: On September 7, 2004, at 10:00 o'clock in the
forenoon, at the front door of the Lincoln County Courthouse in the Town 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: that the highest and best sum bid for said real
property was the sum of $ 132,185.00
which was bid and offered by UCD^
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 said WCDA
for the sum of $ 132,185.00 ,
and that the sum b id was thereupon paid and the sale of said real property was then and there
completed as by law provided.
8. That the sum of $600.00 is to be paid to the Harry G. Bondi Law
Offices, P.C. that attorney 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 as Exhibit C hereto and by
this reference made a part hereof; and that in addition, there are necessary costs and expenses
of this foreclosure in the sum of $423.71, which additional costs and expenses also are
referred to in Exhibit C hereto.
9. 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 respect
conducted in conformity with the requirements of the Wyoming Statutes.
10. That said wc~)A 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 the 7th of September, 2004, the date of sale, unless
the property shall have been redeemed as provided by law prior to that time.
2
DATED
at Kemmerer, Lincoln County, State of Wyoming, this
., 2004.
Print Name:
LEE GARDNER, Sheriff in and
for Lincoln CoUnty, State of Wyoming
Title:
0777
day of
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and acknowledged
beforemeby ·O~(~tbq-~[- _~i I1,~'" . ,DeputySheriffofLincolnCounty, State
of Wyoming, thi~ _r'~day of' ~~..~_W[. _[f~_l~r} 2004.
Witness my hand and official seal.
N o~t~a~, Public
My commission Expires:
WCDA\SES SIONS~LINCOLN
\das:07113-04
0778
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
) ss.
COUNTY OF NATRONA )
HARRY G. BONDI, of lawful age, being first duly sworn upon his oath,
deposes and says:
1. That he is an attorney admitted generally to practice law in the State
of Wyoming with the Harry G. Bondi Law Offices, P.C. who is the attorney representing
the mortgagee of record, Wyoming Community Development Authority, in a procedure
to foreclose a certain real estate mortgage dated March 11, 2002, (the ~), and
recorded in the records of the office of the County Clerk and ex-officio Register o f Deeds
in and for Lincoln County, State of Wyoming, on March 13, 2002, in Book 485, at Page
223, (Instrument No. 879673), wherein Randy D. Sessions and Raquel Sessions, husband
and wife, are the named mortgagors, and First National Bank-West, is the named
mortgagee, said Mortgage having been assigned for value by First National Bank-West,
to Wyoming Community Development Authority by that certain assignment of mortgage
dated March 11, 2002, and recorded in the records of the office of the County Clerk and
ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on March 14,
2002, in Book 485, at Page 283, (Instrument No. 879689), 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 foreclosure the Mortgage by
advertisement and sale has been served upon the record owner and the person in possession
by certified mail, return 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:
Randy D. Sessions
P. O. Box 993
Afton, Wyoming 83110
Certified Mail No. 7003 3110 0006 0005 4970
Raquel Sessions
P. O. Box 993
Afton, Wyoming 83110
Certified Mail No. 7003 3110 0006 0005 4987
Occupant
2163 State Highway 241
Affon, Wyoming 83110
Certified Mail No. 7003 3110 0006 0005 4994
0779
3. That the date of a mailing of the notice of intent of foreclosure the
Mortgage was June 29, 2004, and the date of the first publication of the notice of
foreclosure sale was July 14, 2004.
FURTHER YOUR AFFIANT SAYETH NOT.
HH:;;~ GG.~ddl Law Offices, p.c.
143 South Center Street
Casper, WY 82601
307.266.4425
STATE OF WYOMIN(3 )
)ss
COUNTY OF NATRONA ')
SUBSCRIBED AND SWORN TO before me this //~ day of /~ad4,rT--'
2004, by Harry (3. Bondi. '
NOTARy PUBLIC ' '
MY COMMISSION EXPIRES:
WCDA\SESSIONS\LINcoLN
\das:07111-04
2
EXHIBIT B
AFFIDAVIT OF PUBLICATI_ON
0780
The"Littte cmcag Revi ew'
Proof Of'Publicatio
THE STATE OF WYOMING )
County of Lincoln
Charles E. Young first duly sworn deposes and says that he is editor of THE
"LITTLE CHICAGO" REVIEW, a newspaper of general circulation, published at
Kemmerer, Lincoln County, in the State of Wyoming.
e notice- a true copy_ of which is hereto attached, was published on the
Th,at/th ', ,. ,~'x../1, ~_ - ',90 GL/ and was published in,ea,ch
succeeding week unn _
being ;erioa of ~ ' Week.SUCCessive weeks. T~Sp~~/..///~ J.)/~publ~
w e~ (.Wednesday of each
'"' - My Commission expires: January 28, ~006
COPY OF NOTICE '
~RECLOSURE~
· Sessions and
a Real
Morlgage wa
'Book 485. Pa
Lincoln (
oming
2002,
y Cl.
the first
plus outst
foreclosure ex
)unt of $199.45,
conditions of so
is entitled to reasgr~
age:
mst coYne~ of S 1/2NE I/4NE
:County, W)
~; the_nc~ West parallel tothe
thence S
i9.0 feet te said
:ORN[
of 2163
oming
by t
forenoon on the 24th day.
t County· The terms of
· -14;21 ;28;08'04z04'
O781
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) ss.
COUNTY OF NATRONA )
HARRY G. BONDI, of lawful age, being first duly sworn upon his oath, deposes
and says:
1. That he is an attorney admitted generally to practice law in the State
of Wyoming with the Harry G. Bondi Law offices, P.C. who is the attorney representing
the mortgagee of record, Wyoming Community Development Authority, in a procedure
to foreclose a certain real estate mortgage dated March 11, 2002, (the ~'Mortgage,3, and
recorded in the records of the office of the County Clerk and ex-officio Register of Deeds
in and for Lincoln County, State of Wyoming, on March 13, 2002, in Book 485, at Page
223, (Instrument No. 879673), wherein Randy D. Sessions and Raquel Sessions, husband
and wife, are the named mortgagors, and First National Bank-West, is the named
mortgagee, said Mortgage having been assigned for value by First National Bank-West,
to Wyoming Community Development Authority by that certain assignment of mortgage
dated March 11, 2002, and recorded in the records of the office of the County Clerk and
ex-officio Register of Deeds in and for Lincoln County, State of Wyoming, on March 14,
2002, in Book 485, at Page 283, (Instrument No. 879689), 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 the Harry G. Bondi Law Offices, P.C., as attorney for said Mortgagee,
will charge said mortgagee fees totaling $600.00 as compensation for services actually
rendered in the foreclosure proceeding; and that in addition, said mortgagee will be
charged by the Harry G. Bondi Law Offices, P.C. for necessary costs and expenses of the
foreclosure sale in the sum of $423.71, which sum consists of the following:
Statutory Notice Costs
$ 23.95
Costs of Advertising Foreclosure Sale $289.76
Fees of Lincoln County Sheriff for
Conducting foreclosure Sale and
Executing Sheriff's Deed
$ 20.00
Foreclosure Sale Attendance Fee
$ 50.00
Recording Fees for Certificate of Sale
and Sheriff's Deed
$ 40.00
3. That the above-mentioned fee for services rendered and the above-
mentioned costs and expenses incurred in connection with the foreclosure sale shall be
retained entirely by Harry G. Bondi Law Offices, P.C. There is no agreement, express
or implied, between such attorney and his client, nor between such attorney 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
O782
compensation for services actually rendered in the foreclosure proceeding by an attorney
admitted to practice in the State of Wyoming and residing therein.
FURTHER YOUR AFFIANT SAYETH NOT.
~aarr[Yy~aw Offices, P.C.
143 South Center Street
Casper, WY 82601
307.266.4425
STATE OF WYOMING )
)ss
COUNTY OF NATRONA )
SUBSCRIBED AND SWORN TO before me this
2004, by Harry G. Bondi.
day of
NOTARY PUBLIC
MY COMMISSION EXPIRES:
WCDA\SESSIONS\LINCOLN
\das:07112-04