HomeMy WebLinkAbout903182STATE OF WYOMING
COUNTY OF LINCOLN
_CERTIFICATE OF SALF
) 903182
)ss.
)
RECEIVED
LINCOLN COUNTY CLERK
Lee Gardner of lawful age, being first duly sworn upon his oath,
states and certifies as follows:
Lincoln County,
capacity as such.
That he is the duly elected and acting Sheriff in and for
State of Wyoming, and makes this Certificate of Sale in his
2. That a default has occurred under the terms of (a) that
certain promissory note dated August 27, 2002, executed and delivered by
Thomas Reese, an unmarried man to Ke~___B_a_8k USA, National Association and
(b) that certain mortgage dated August 27, 2002 (the "Mod.qa.qe_"), securing said
note, which Mortgage was executed and delivered by ~aid mortgagor(s), to said
mortgagee, and was recorded on September 4, 2002, as/in Book 498 at Page
350, 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 Eighty-four (84) in Star Valley Ranch Plat Six (6)
as platted and recorded in the offical records of
Lincoln County, Wyoming
with an address of
107 Oak 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, Key Bank, USA, National
Association ("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 September 2, 2004 issue of
said newspaper and ending with the September 23, 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 September 28, 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
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that the highest and best sum bid for said real property was the sum of
.$161,000.00 ("Bid Sum"), which was bid and offered by Key Bank, USA, National
Association ("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 $500.00 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 28, 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
28th day of_ September , 2004.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument,was subscribed, in my presence and
acknowledged before me by ,~,_.~,~ y'?,~/~..~?q ¢,~ ~z'?'¢~.~ ,
De~puty Sheriff of Lincoln Count~/,-State' (if WYsmiqgT', t-his'---.¢.'~.~ day of
· ~; ~,L('),,2004, ,,
!
Witness my hand and official seal,
My Commission Expires:
No[sr~ Public (...___~../ '
Lincoln
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090 .S2
EXHIBIT A
'-O424
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGr'
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 August 27, 2002 (the "Mortqage"),
and recorded on September 4, 2002 as/in Book 498 at Page 350 in ~he records
of the office of the County Clerk and ex-officio Register of Deeds in and for
Lincoln County, State of Wyoming, wherein Thomas Reese, an unmarried man
(Mortgagor(s)), the named mortgagor(s), and Key Bank USA, National
Association is the named mortgagee; 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 3498
Thomas Reese
107 Oak Drive
Thayne, WY 83127
CERTIFIED MAIL NO. 7004 0750 0003 3072 3528
Thomas Reese
2221 Belair
Salt Lake City, UT 84109
CERTIFIED MAIL NO. 7004 0750 0003 3072 3504
Fidelity National Foreclosure
1270 Northland Drive, Ste. 200
Mendota Heights, MN
CERTIFIED MAIL NO. 7004 0750 0003 3072 3511
Occupant
107 Oak Drive
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 13, 2004 and the date of the first publication of the
notice of foreclosure sale was September 2, 2004.
FURTHER AFFIANT SAYETH NAUGHT.
"P. gaye Rip~l&y/"~
of Brown, Drew & Mas~, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
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Subscribed in my presence and sworn to before me by P. Jaye
Rippley this ~-r4day ofqul~%b_mSp_~.,2..004: .... ,,..~
hand
Witness my ..... ---
My Commission Expires: ~......~
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09031.S;8
EXHIBIT B
PUB~LI~HER'S AFFIDAVIT
' 0426
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 Wlfich is hereto attached was published on the_
day of..~,~, ,2004 and was published in each succeeding week until the
.. ~ 3~-~ day of ~, 2004 being a pcriod of~ ,/7L...: successive
week(s). That said newspaper is published weekly on Thursday of each week.
etty £;ga/a r_.z-o'-a~- FoRECLosUiiESALE NOTICE
WHEREAS, default in the pay/lientbf'principal and interest has occurred
gnder the terms of a promissory note (the '!Note'?) date.d August 27~ 2002,
~x~ ute,,d an, d.d,~el!ve.r?.d, by .Tl}oma.s' Reese, an unmarried man ("Mo,rtgagor(s),)
to r, ey hank u~A, Natlonal^ssomation, and a re · -,~ . _
gage") of the same date sekuring the Note'; whic~li~lSot~t;a~;~wga;g:x(2uet;dM2~~
subscribed and sworn to before rn e, the ~-~3 ~rec6rdeddeliveredonbYseptemberSaid Mortgagor(a)4 2 5't°i 'said Mortgagee¢'. and which Mort age was
dl ' ' 00 , n/as Book498atP '
-"-. t~ the'office of the Coun't : ' ' ..... :. ,age 350 m Jhe [~ords of
. bmcom t.zounty, 5tare of Wy0ming; and i. . . ' ' '. .'
,sam aemult, the owner of the Note'and th6~Moi-tg~ig6 d~cl~es to hm/e be6orne
c ~ ~k ~Z.--- ~ 9Perative, and no suit or prOceeding has been' instituted at law to recover the
Kathleen Rosas ~lebt secured by the Mortgage or any part thereof, nor has any such suit'or
~r0c~eding been instituted and:th'~sa'm~di~cohtinued; and
Notary Public i ~ WHEREAS, written notice of intent to foreclose the Mortgage:by adver-
tisement and sale has been served upon.the record owner and the party in
County of Lincoln State of Wyoming P,"6~session of the mortgaged.preMs&s'~it least' teh (10) da~,s prior to th~ corn_
My Commission Expires 3/9/2005 m~n6ement of this publicati~Sn,'ilhd tfi&'am0dh,t due.tipon'the M0rigage ~n the
dat&'of first publication 0f this n'~'ti~& o~%ale be~ffi~ th6 total sum of $~.6~,894.20
Which sum consists of the unpaid' principal balance of $254,252.94 plus in;
tee'est accrued to the date ofthd first publication of this notice in the hmo
.of $11,142.66, plus late charges in'~he arnount of ~aoa.<n ........ unt
tees, costs expended, and accruing interest 'and late charges after the dat~
"fiii~i~ublication of this notice of igl~; :~ ' '
- ,NOW, THEREFORE "
of the Note and th~
n::on :S~ptember 28~
Lib- t~}-
of Sale
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
0427
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 $500.00 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~.
P~. Jaye
of Brown, Drew & Mas~'ey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
my presence
Subscrib...~ ap~ o~urn to before me by P_ gaye- i le
this~--O~-"~, day of~, 200¢~ / -~~ ~P Y
~naqu and offi~'al~¢al. /
Commission ffxpires: ~~c
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