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HomeMy WebLinkAbout902985STATE OF VVYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE RECEIVED LINCOLN r','~, ,~TV ,,'.;- ~'..~r CLERK 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 May 4, 1994, executed and delivered by Brian R. Beck and Lori A. Beck, Husband and Wife as Tenants by the Entireties to Wallick and Volk, Inc. and (b) that certain mortgage dated May 4, 1994 (the "Mort.qa.qe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 6, 1994, as/in Book 350 PR, page 11, 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 43, Forest Meadow Subdivision, according to the official plat of record in the Office of the County Clerk, Lincoln County, Wyoming with an address of 210 Bench Road, Alpine, Wyoming 83128 now known as 349 Three Rivers Drive, Alpine, Wyoming 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: May 4, 1994 Assignment recorded: June 10, 1994 Assignment recording information: Book 352 PR, page 233 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, Wyoming Community Development Authority ("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 26, 2004 issue of said newspaper and ending with the September 16, 2004 issue thereof; that said 21050 Certificate of Sale Beck 30679-0031 [331856] Page 1 of 7 ':- 0 7 3 7 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 September 21, 2004 at 10:00 o'clock in the forenoon, at the front doo~: 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 $68,996.91 ("Bid Sum"), which was bid and offered by Wyoming Community Development Authority ("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 September 21, 2004, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED a~ Kemmerer, Lincoln County, State of Wyoming, this ,,,.~/.~ day of ~,~? ,2004. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming 21050 Certificate of Sale Beck 30679-0031 [331856] Page 2 of 7 '.'- .... 0738 ACKNOWLEDGMENT STATE OF VVYOMING ) )SS. COUNTY OF LINCOLN ) The foregoing instrument,.~v,~s ,subscribed. in my presence and acknowledged before me y ,~_ PO It If/, I IFF' Depqt~y Sheriff of Lincoln County, ' -~_ ¢ ~ .~r, 2004. State of Wyoming, this g I~- day of Witness my hand and official seal. My Commission Expires: Ns~ry P U"blic ' 21050 Certificate of Sale Beck 30679-0031 [331856] Page 3 of 7 EXHIBIT A 07 9 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) )SS. COUNTY OF NATRONA ) Harry B. Durham III 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 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 4, 1994 (the "Mort.qa.qe"), and recorded on May 6, 1994 as/in Book 350 PR, page 11 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 Brian R. Beck and Lori A. Beck, Husband and Wife as Tenants by the Entireties ("Mortgagor(s)"), the named mortgagor(s), and Wallick and Volk, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: May 4, 1994 Assignment recorded: June 10, 1994 Assignment recording information: Book 352 PR, page 233 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. (2003). 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 0750 0003 3072 3269 Brian R. Beck P.O. Box 3505 Alpine, Wyoming 83128 CERTIFIED MAIL NO. 7004 0750 0003 3072 3276 Lori A. Beck P.O. Box 3505 Alpine, Wyoming 83128 CERTIFIED MAIL NO. Brian R. Beck 210 Bench Road Alpine, Wyoming 7004 07500003 3072 3290 83128 CERTIFIED MAIL NO. Occupant 210 Bench Road Alpine, Wyoming 7004 0750 0003 3072 3283 83128 CERTIFIED MAIL NO. 7004 0750 0003 3072 3283 Occupant 349 Three Rivers Drive Alpine, Wyoming 83128 CERTIFIED MAIL NO. Lori A. Beck 210 Bench Road Alpine, Wyoming 7004 0750 0003 3072 3290 83128 21050 Certificate of Sale Beck 30679-0031 [331856] Page 4 of 7 3.- That the date of mailing of the notice of intent to foreclose the Mortgage was August 9, 2004 and the date of the first publication of the notice of foreclosure sale was August 26, 2004. FURTHER AFFIANT SAYETH NAUGHT. By:~_ of Brown, Drew & Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 My Commission Expires: 21050 Certificate of Sale Beck 30679-0031 [331856] Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT ,.0741 PROOF OF PUBLICATION THE STATE OF WYOMING } }ss County of Lincoln } I Betty Legarra 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 published on the _ ~c~ ~ dayof/6_//~_~~.2~ ~' 2004 and was published in ,lach succeeding week until the day of f~e]~/~_,~? ,2004 being a period of /Z6::::'.' successive week(s). That said newspaper is published weekly on Thursday of each week. Betty Legafra subscribed and sworn to before me, the ~-athleenXRos~s Notary Public County of Lincoln State of Wyoming My Commission Expires 3/9/2005 Kathleen Rosas - Notary Public Countyof ~ State of Lincoln ~ ~omin~.~. FORECLOSURE SALE NOTICE WHEREAS, default in tliie i~343'meat of;principal and interest has occurred under the terms Of a pronussory note'(the "Note") dated May 4, 1994, ex- ecuted and delivered by Brian R. Beck and Loft A. Beck, Husband and Wife as Tenants by the Entireties ("Mortgagor(s)") to Wallick and Volk, Inc., and a real estate mortgage (the "Mortgage") 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 May 6, 1994, in/as Book 350 PR, page 11 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyomtng; and WHEREAS the mortgag6 was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignutent dated: May 4, 1994 Assignment recorded: June 10, 1994 Assignment recording information: Book 352 PR, page 233 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said &fault, 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 or proceeding been instituted and the same discontinued; and WtfEREAS, written notice of intent to foreclose the Mortgage by adver- tisemem and sale has been served upon the record owner and the party in possession of ~he mortgaged premises at least ten (10) days prior to the com- mencemeut of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $67,034.65 which sum consists of the unpaid principal balance of $64,727.37 plus inter- est accrued to the date of the first publication of this notice in the amount of $1,972.6'7, plus late charges~in thd amount of $117.63, plus an escrow ad- vance in the amount Of $201:.98, plus other outstanding charges in the amount of $15.00, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; NOW, THEREFORE Wyoming Cdmmunity Development Authority, as the owner of the Note and the Mortgage, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public vendue by the Sheriff or Deputy Sl¢eriff'in and for Lincoln County, Wyoming to the highest, bidder for cash at lO;O0~9'cldck~in the forenoon on September 21, 2004 at the front door of the Lincoln County Courthouse in Kemmerer, Lincoln County, Wyoming, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as fol- lows, to-wit: Lot 43, Forest Meadow Subdivision, according to the offi- cial plat ofrec0,rd in }he ~fficfso. fthe County Clerk Lincoln County, Wyoiriin~':~:':~3~'~' ?-..:~:,'¢ .':' .', ..... '. ' with an address of 210 Bench Road,,Alpine, Wyoming 83128, now,known as 349 Three Rivers Drive, Alpine, Wyoming 83128 Together with all improvements thereon situate and all fix- tures and appurtenances thereto... :, ; . ~ ~' WY0min~ c0mln~r~li~{.Dex/~i0pment Authorky EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF VVYOMING ) )SS. COUNTY OF NATRONA ) Harry B. Durham III, of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he 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. F URTHERAFFIANTSAYETH~~~.... , J / I-~rry B. Durham III of Brown, Drew & Massey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subs.~,~ibed is--(ny,.,pres~ence and swor~l:).Jo-before.(n..~by-Har, ry B. Durham Ill this I~r'~ayot~~~?~~ ~ .¢~ ./~ My Commission Expires: ;'"''% 21050 Certificate of Sale Beck 30679-0031 [331856] Page 7 of 7