HomeMy WebLinkAbout905067CERTIFICATE OF SALE
STATE OF VVYOMING )
)SS.
COUNTY OF ,LINCOLN )
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 September 18, 2003, executed and delivered by
Jill F. Evans, to Mortgage Electronic Registration Systems, Inc. and (b) that
certain mortgage dated September 18, 2003 (the "Mort.qage"), securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on September 25, 2003, as/in Book 536PR at
Page 274, in the records of the office of';[he 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:
Lots 2, 3"and 4 of Tract C of Archie Hill Subdivision to
the Town of Alpine, Lincoln County, Wyoming as
described on the official plat thereof
with an address of
61 First Ave., Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
3. That no suit or proceedin9 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. Mortgage Electronic Registration
Systems, Inc. ("Mortgagee") elected to foreclose the same and at the request
and direction of Mortgagee a written notice o¢ 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 November 4, 2004 issue of
said newspaper and ending with the November 24, 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 t. his 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 December 7, 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
25884
RECEIVED 12/7/2004 at 4:17 PM
RECEIVING # 905067
BOOK: 574 PAGE: 235
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Evans 21309-1443 [04-13741 Fi
Page 1 of 7
0 05067
that the highest and best sum bid for said real property was the sum of
$116,425.88 ("Bid Sum"), which was bid and offered by Mort.qaqe Electronic
Registration Systems, Inc. ("Successfu~ Bidder") and that after soliciting and
calling for other and higher bids therefor, and r-eceiving 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 $650.00 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 al~d upon expiration of three (3)
months and thirty (30) days from and after December 7, 2004, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
I;~TED at Kemmerer, Lincoln County, State of Wyoming, this
day of ~'~_('...~_~.1,~_ ~ ,2004.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
By: ~_-~ ~
25884
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Evans 21309-1443 [04-13741F]
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing
acknowledged before me
~,Deputy Sheriff of Lincoln
~ 2004.
instrur~ent was subscCbed in my Dresence and
County, State of Wyoming, this ~ day of
Witness my hand and official seal.
My Commission Expires:
Public ' "'""
OTA%Y P U B L I C'~'c"'"'~'z~c*"m~':i
ICOUf~II¥ ~ ~ STATEOF ~
25884
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,~ 0
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 an attorney adnfitted 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 September 18, 2003 (the
"Mort.qaqe"), and recorded on September 25 2003 as/in Book 536PR at Page
274 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 Jill F. Evans,
("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc. is the named mortgagee; by advedisement 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 1350 0000 9494 5700
Jill F. Evans
61 First Ave.
Alpine, WY 83128
CERTIFIED MAIL NO. 7004 1350 0000 9494 5717
OccupaRt
61 First Ave.
Alpine, WY 83128
CERTIFIED MAIL NO. 7004 1350 0000 9494 5731
Jill F. Evans
P.O. Box 3414
Alpine, WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 20, 2004 and the date of the first publication of the
notice of foreclosure sale was November 4, 2004.
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.0239
FURTHER AFFIANT SAYETH NAUGHT.
By: [ ,,i"*!t' ,t-,t-,t-,t-,t-,t-~_. ~
L.? ~. Jaye ~i¢Ole~f'"~
of Brown, Drew &"Massy, LLP
159 North Wolcott. Suite 200
Casper. Wyoming 82601
(307) 234-1000
Subscribed in/fny presence and
Rippley this ~¢ day of ../'~'~/~,,~ , 2004
Witness my hand and official seal.
My Commission Expires:
MBARBARA A, RASMtI$1~EN-NOTARY PUBLIC
Na/rr)~a V~?' ¢~;f Wyoming
y Commission Expl'r~s Januar~ 23, 2008
sworn to before me by P. Jaye
/¢,Jotary Public
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EXHIBIT B
PROOF OF PUBLIC'.VI'ION
THE STATE OF WYOMING }
}ss
County of Lincoln }
I Roxanne Rudy first duly sworn deposes and says th:,! 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 ~v:~s lmblished on the ~
day of/~//9/r~/~t2..~' ,2004 and was publishcd in each succeeding week until the
~___.F_~/~ day of/IVi0 brl2.~ ~2~" ,2004 being a period of~ successive
week(s). That said newspaper is published weekly on Thursday of each week.
Roxanne Rudy J
subscribed and sworn to before me, theCZ-l--day
, 2004.
Kathleen Rosas
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 3/9/2005
of
of
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
0~
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 a resident attorney admitted generally to practice
law in the State of Wyoming and is a member of tl~e 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 $650.00 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 b.y 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.
By: ! ' ~,t~.~,L /~
(" (¢~. Jay~(l~p,J~y~-
of Brown, Drew~& Ms.y, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
,~ubscribed .i~ my presence and sworn to before me by P. Jaye Rippley
this ~ day of,~~¢_, 2004.
Witness my hand and official seal.
/Notary P-ubJic ' / '
My Commission Expires:
I
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