HomeMy WebLinkAbout903518STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
) 903518
)ss.
)
RECEIVED
LINOOL. I',I COUNTY OLERK
Ob, OCT-'7/ F1~I t,:19
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 June 21, 2002, executed and delivered by Daniel
T. Truchot, a married man to Major Mortgage and (b) that certain mortgage dated
June 21, 2002 (the "Mort.qaqe"), securing said .note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on June 24, 2002, as/in Book 492 PR at Page 755, 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 1 of the Westview Village Subdivision, Lincoln
County, Wyoming as described on the official plat
thereof
with an address of
66 Pine Lane, Afton, Wyoming 83110
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: June 21, 2002
Assignment recorded: November 25, 2002
Assignment recording information: Book 505 PR at Page 505
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 September 9, 2004 issue of
said newspaper and ending with the September 30, 2004 issue thereof; that said
notice did comply in all respects with the requirements of the statutes relating to
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Truchot 30679-0021 [336270]
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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 October 5, 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
$128,476.86 ("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 October 5, 2004, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
5th
DATED at Kemmerer Lincoln County, State of Wyoming, this
day of October , 2004.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print Name: Bill Thek
Title: Deputy Sheriff
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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 ]~i~.~_ Thek
Deputy Sheriff of Lincoln County, State of Wyoming, this ~"/~ day of
October , 2004.
Witness my hand and official seal.
LINCOLN ~ WYOMING /
My .... Commission Expires~January 23, 2008
My Commission Expires: //~,:~/20~
/ --
Notary Public
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O )035:LL
,-0458
EXHIBIT A
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 June 21, 2002 (the "Mort.qa.qe"),
and recorded on June 24, 2002 as/in Book 492 PR at Page .755 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 Daniel T: Truchot, a married man
("Mortgagor(s)"), the named mortgagor(s), and Major Mortgage is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: June 21, 2002
Assignment recorded: November 25, 2002
Assignment recording information: Book 505 PR at Page 505
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 ir: 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 3071 8074
Daniel T. Truchot
66 Pine Lane,
Afton, Wyoming 83110
CERTIFIED MAIL NO. 7004 0750 0003 3071 8081
Occupant
66 Pine Lane, Afton
Wyoming 83110
CERTIFIED MAIL NO. 7004 0750 0003 3071 8104
Daniel T. Truchot
P.O. Box 1754
Afton, Wyoming 83110
CERTIFIED MAIL NO. 7004 0750 0003 3071 8111
Daniel T. Truchot
P.O. Box 1254
Afton, Wyoming 83110
CERTIFIED MAIL NO. 7004 0750 0003 3071 8098
Wyoming Community Development
Authority
155 North Beech Street
Casper, Wyoming 82601
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 26, 2004 and the date of the first publication of the
notice of forecloSure sale was September 9, 2004.
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0,459
FURTHER AFFIANT SAYETH NAUGHT.
v ~rryt~.rDurfiam III
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
_...-----So~-.¢~i~-~-~l '~-~.r..e...~eence and sworn tO'
Durham~lll this '~/'~ay of ~-----~-~. , 2004..._
W~tness my hand and of:fi¢~a~ seal... ; ,,
My Commission Expires:
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EXHIBIT B
PROOF OF PUBLICATI()N
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 circuhdion, published in Kemmerer,
Lincoln County, in the State of Wyoming.
That thc notice, a true copy of Which is hereto attached ~as published on the
day of~q~~ ,2004 and was published in c:,cl~ succeeding week until the
c~t~ ~ day of _~~ ,2004 being a period of ~::: successive
week(s). That said newspaper is published weekly on Thursday of each week.
FORECLOSURE SALE NOTICE
Betty Leg~rra ~ wit E REAS, default in the payme_nt of P~incip.al arid interest has occ~:
under the terms of a promissory not~ (the "Note") dated June 21, 2002~g~x~"
ecuted and delivered by Daniel T. Truchot, a married man ("Mortgagor(g)~)
to Major Mortgage, and a real estate mortgage (the "Mortgage") of the
date '.,touring the Note, which Mortgage was executed and delivered by
M~3rtgagor(s) to said Mortgagee, and which Mortgage was i-ecorded on
'~ /'~/~ 24, 20(}2, in Book 492 PRat Page 755 in the records of the office
sub/~qribed and sworn to before me, the.~'~.)/~J* '_ da}Cot,dy Clerk and ex-officio Register of Deeds in and for Eincoln CoQ~{t~-
State of \V)oming; and , :~ ?
WtlI:.REAS, the Mgrtgag§ .was, assigned for value as follows:
?~/~ ,2004. 'i~ ssi~nee: Wyoming CoUrt'nits; Development Auth6rity
~~p ~6/~ ,\ssi~n,nent dated: luh~ 2i (20U2
Kathleen l~osas lb;~7 ~ Assignment recorded: November 25, 2002
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 3/9/2005
Assignlnent recortling information: Book 505 PR at Page 505 ' ---J'
All in the records ofthe County Clerk and ex-officio Register of Deeds ~
and for Lincoln County, Wyoming. ~
WItEREAS, the Mortgage contains a power of sale which by reason,of.
said default the owner of the Note and the Mortgage declares to have bed~'i~
operative, and no suit or proceeding has been instituted at law to recover
debt secured by the Mortgage, or any part thereof, nor has any such
pi occ,.'Jing been instituted and tho. same discontinued; and 9
WI IEREAS, written notic~ of intent to foreclme the Mortgage..by. ada¥,c..l[x..
1 se nc u 'md sale hfis been s~rved upon the record owner and the pL~rt,~ iR
possess on of the mortgaged premises at least ten (10) days prior to the com~
mcnccment of this pubhcation, and the amount due upon the Mortgage on tile~
date of first publication oft/tis notice of sale being'the tothl sum Of
~. h c 1 sum Consists of the unpaid principal balaftce of $1 i9,218.28 plug
tercst accrued to the date of the first publication of this notice in the amedn*,
of $4,872.54, plus late charges in the 'amount of $2~44.52, plus an
ad vance iu the amount ~f $~04.23, plus other outst, gn_.ding charge~ kn. the amo,~at
o f $ 63.46, pi u s 'atto~e~ s,;:' t'e~ S, ~6s~is eipehded,;fin~l ;ac~ruin~ int61e ~t and late
charges after the date:offirS~ Dpblication of this nbtice of sale; .'
N )W THEREFOP~ ~V~9~ng Communitl( D~/elopment Authofit~'~
the o,('ne'r of the Note and the '~io[tgage, ~iif:hav~"the lvloag~ge/~0~'edIos.%0
as by law provided by causi~ng the mortgagedPropdrty to be sold ai phb~lic~
ye n d u e by the Sheriff ~r Depu.{y' ,Sl~enff m and'[6~ r.. Lincoln Couoty,
to ,c big he St biddei'f(~'ea;h~h~(it0:00 o' ¢ock:i~,'ih~e fbren~oon'on ~(~tl~r
2004 at the front '~0~'6¥ i~',~i~i~hi c~d~Y'C~h'i'th~5{~ge ih'Kelnm~req~in-'
coin County, wyoming', ,f6r :fi~i~!~[ation On: tl~:~b'O3e~dead4bed
ct -ecl by t ~e Mortgage, s~id.'fig~tgaged property being' described~hs
to-wit: . · ~:~ . ': : ,-~
Lot I of the Westview Village Subdivision, Lincoln Cqqpty, ~,.
Wyoming the Official plat thereof
with - ' '-';-~
66 Pine Lane, '3 l"l~)' ~ ":: '
Together
tures and ' ::,'*: a;'~,~" TM '-~ ~; t'}~ ~-
:,D~Ye:lgpinent. Autharity~-
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 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's 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 NAU/ ) /
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
th s Subscribe~i~,~_~r--~j-day e ~-~,¢~ p'resenee~'~-~~ sworn ........ to befo;e g by Har 'B. Durham
My Commission Expires:
Witness my (!(/a'C~d A'nd.~(qial seal: ../y~-~.~.~
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