HomeMy WebLinkAbout875510 CERTIFIC E {)[ ~ ~1~
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STATE OF WYOMING ) : ~ ~-~ '~::a=~,
COUNTY OF LINOOLN )
La~ ~ardnar, of la~ul age, being first duly sworn upon his oath,
states and oa~lfias as follows:
~. That he is the duly elected and acting Sheriff in and for
Lincoln County, State of Wyoming, and makes this Oa~ifioata of Sal~ in his
oapaoitv as sueh.
2. That a default has occurred under the t~rms of (a) that
oaaain promissow acta dated April 10, 2000, axeeuta~ an~ ~llv~md
Nielsen: Jr., a single parson, and Tine M. Eriokson, a single parson to W~lls
Fargo Home Mo~gaga, Ino. f/~a No~ast Mo~gaga, Ine. and (b) that oaaain
moagag~ dated April 10, 2000 (th~ "Mo~ga~':), securing said not~, which
Mo~gaga was axaeut~d and delivered bY mo~gagors, named Lewis F.
Jr., a single parson, and Tine M. Eriokson, a singl~ parson, to mo~gagaa, named
Walls Fargo Home Moagage, Inc. f/~a No~ast Mo~gaga, Inc., and was
recorded on April 10, 2000/[n Book 443 PH at Page 919, in the records of
offioa of the County Clark .and ax-officio aagistar of Deeds in and for Lineoln
County, State of Wyoming, and which Mo~gage oov~rs that ~aaain real propa~y
d~sorib~d below, as follows,Itc-wit;
Lot 12 of Bloek 6 of the Easterly 25 Fa~t of Lot 11 of
Block 6 of ~h~ Willow Addition to the TOwn of
K~mmarar, Linooln County, Wyoming as described on
the official plat thereof wit~ an address of 222 Ema~
Street, Kemmarar, WY 83101
Together with. all improvements thereon situate and
all fixtures and appu~anano~s thereto..
3. Thai no suit or proceeding has b~an instituted at law to
recover th~ debt s~oumd by the Mo~gaga, or any pa~ thereof.
4. Thai the power of sal~ contained in the Mo~gaga having
bean made operative by reason of such default, Walls Fargo Home Mo~gaga,
Inc. ~laot~d to fomolos~ the same and at the request and direction of Walls
Fargo Home Moagaga, Inc. , a written notice of the intention to foreclose the
Mo~gaga was salad upon the meord owner and th~ pa~y in possession of said
mai propaay at least t~n (10) days prior to eommanoamant of the first publication
of the foreclosure sal~ notion, as shown by the affidavit atlaeh~d h~mto as
Exhibit A and bY this mfamnoa mad~ a pa~ hereof.
5. That W~lls Fargo Home Moagaga, Inc. has eausad
.. publication to ba ma.da of a notion of foreclosure sale in the Kammarar ~azatta, a
newspaper published and having general circulation in Lincoln County, Stat~ of
Wyoming, ono~ a weak for four (4) consecutive w~aks, commencing with th~
August 2, 2001 issue of said n~wspaper and ending with the August 23, 200~
isau~ thereof; that said notion d[d comply in all msp~ots with the requirements of
lh~ statutes relating to foreclosures of mo~gag~s by a~v~aisament and sale; and
that a copy of said nolio~ and the publisher's affidavit of publioation thereof are
attached hereto as ~xhibit B and by this rafaranea made a pan hereof.
Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
Page, 1 of 7
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On August' 24, 2001, 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
$ 98,389.0~ , which was bid and offered by Wells Farqo
Home Mort.qa~e, Inc, 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 said Wells Fargo
Home Mortgage, Inc,, for the sum of $ 98,389.06 ; and that
the sum bid was thereupon paid and the sale of said real property was then and
there completed as by law provided.
7. That the sum of $425.00 is to be paid to Brown, Drew and
Massey, LLP, the attorneys for Wells Fargo Home Mortgage, Inc., 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 Wells Fargo Home Mortgage, Inc. 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 August 24,
2001, the date of the sale, unless the property shall have been redeemed as
provided by law prior to that time.
DAT D at Ke merer, Lincoln County, State of Wyoming, this
,
Lee Gardner, Sheriff in and for
Lincoln County, State of Wyoming
Print
Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrume~nt w~cs sub~cribed in my presence and
acknowledged before me by ~.~(i!.~-/--./ '3-. ';/'~?~:z('.~./2 .-,
- '
Deputy ,Sheriff of Lincoln County, State of Wyoming, this ~/ day
~/,.~,,~ ~ , 2001.
Witness my hand and official seal.
My Commission Expires:
Certificate of SaLe
Nielsen/Erickson 21309-320 [01-01-0331]
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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 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 of record, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated April 10, 2000 (the "Mort~a_qe"), and recorded on April 10, 2000, in Book
443 PR at Page 919 in the records of the office of the County Clerk and ex-officio
Register of Deeds in and for Lincoln, State of Wyoming, wherein Lewis F.
Nielsen, Jr., a single person, and Tina M. Erickson, a single person, are the
named mortgagors, and Wells Fargo Home Mortgage, Inc. f/k/a Norwest
Mortgage, Inc. is the named mortgagee, 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 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, 7000 1670 0010 1862 7998 CERTIFIED MAIL NO. 7000 1670 00i0 1862 8001
Lewis F. Nielsen, Jr. 'Tina M. Erickson
222 Emery Street 222 Emery Street
Kemmerer, WY 83101 Kemmerer, WY 83101
CERTIFIED MAIL NO. 7000 1670 0010 1862 8032 CERTIFIED MAIL NO. 7000 1670 0010 1862 8025
Lewis F. Nielsen, Jr. Occupant
1030.E. Jackson Ave. 222 Emery Street
Riverton, WY 82501 Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 12, 2001, and the date of the first publication of the notice
of foreclosure sale was August 2, 2001.
Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
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FURTHER AFFIANT SAYETH NAUGHT. "
of Brow'd, Drew & Mas-'s~y, LLP
159 .North Wolcott Street, Suite 200 ,,
Casper, Wyoming 82601
(307) 234-1000
Subscribed iu'~y presence and sworn to before me by P. Jaye
Rippley this ~o3-~L:.day of ~..(.c,¥;~)(.~'~'~- , 2001.
Witness my hand and official seal.
/ /'"/t '/' ''?
N6t-~ry Public i~.)
Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
F'~F;~OOF OF PUBLICATION
' .',.;s. Copy of N,ticc
(; mnt. y of 1,im:()ln
. fi rs [ d ul.~.~wt,', WItEREAS, defaull in Ihe payment of principal and interest has occurred under the
(h po~(,'.'; and says [haL4~. is terms of a promissory note (the "Ncte") dated April 10.2000. executed and delivered
' by Lewis F. Nielsen, J r., a single person, and Tina M. Erickson, a single person, to Wells
.... o f The 1( EM M 15 R l'31x~ Fargo Home Mortgage, Inc. ffk/a Norwest Mortgage, Inc., and a real estate mortgage
(.; AZETTE, a newsl)nper (ir (the "Mortgage") of the same date securing the Note, which Mortgage was executed
and delive,'ed by Mortgagors. named Lewis F. Nielsen, Jr., a single person,,and Tiaa
gener:,l circulation, lmblished :ti M.Erickson, a single person, to Mortgagee, named WellsFargo Home Mortgage, lnc.
l,~emrnt;rer, Lincoln (:.unly, in 17k/aNorwestMortgage, inc., and which Mortgage was recorded on Apri110, 2000, in
Book 443 PR at Page 919 in the records of the office of the County Clerk and e~-officio
the State of Wyoming. Register of Deeds in and for Lincoln County, State of Wyoming;.and
That the notice, a t i'll(? (:lip)' (') [ WHEREAS, the Mortgage contains a powerofsale which by reason ofsaiddefault,
the owner of the Note and the Mortg3ge declares to have become operative, and no suit
which is hereto a[tache(I, was or proceeding has been instituted at law lo recover the debt secured by the Mortgage,
th(:2/- Syor-,..-,--~(lay or any par! thereof, nor has any such suit or proceeding been instituted and the same
pu l)l~.sh ed
discontinued; and
.1~.~.~ WHEREAS, written notice of intent to foreclose the Mortgage by advertisement
o ~'.z,~...~. ...... O?~'a] and and sale has been served upon the record owner and the'party in possession of the
was i)uJ61ishcd in each ,~;ucce('.d- mortgaged premises at least ten (10). days prior to the commencement of this
d,..~.~t~ publication, and the amoun(due upon the Mortgage on the date of first publication of
~ug ~vr:ek until the (lay Ihisnoticeofsalebeingthet0talsumof$95,893.05, whichsumconsistsoftheunpaid'
('D~ x_.~,i jz.. ~/--7 principal balance of $84/006:57, plus interest accrued to the date ot'tr~e first publication
o f---- ~-.~-... '- .... , o~e),].. of this notice in the'amount of $8,177.72, plus late charges in the amount of $355,52,
n,q a /e ~._~ 'plusanescr°wadvanceintheam°unt°f$l'754'50'plus°ther°utstandingchargesin
b(.'.i rioct of . :f'z-"'a · the amount of $1,598.74, plus attorneys' fees, costs expended, and accruing interest
.,u" (.c..t ..... '" vt' wet:ks. Thai. s:;~id and late charges, after the date of first publication of this notice of sale;
NOW, THEREFORE Wells Fargo Home Mortgage, Inc. as the owner of the Note
qt,~vsp;tper i:; pul)lished wvc'.:ly, and the Mortgage, will hove the Mortgage foreclosed as by law provided by causing
o n Th, u rsda y of each wecl<. 'the mortgaged property to be sold at public ,,'endue by the Sheriff or Deputy Sheriff in
},_ and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the
....... ~ ..... - forenoon on August 24, 2001, 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 follows, to-wit:
c ,. -' . .Lot 12ofBl'ock6oftheEasterly25FeetofLot 11 of Block6oftheWilloxvAddition
.mb~,c,~bed ar, d swt,r. I,o be-
to the Town of Kemmerer, Lincoln County, Wyoming as described on the official plat
fo,~--.rne, the_..~Y.g,'M, tl.y or ' thereof with'an address of 222 Emery Street, Kemmerer, WY 83101
/A
Together with all improvements thereon situate and all fixtures and appurtenances
Wells Fargo Home Mortgage, Inc.
otary l',J~blic, l.in¢oln~(,~o., Wy() By: P. Jaye Rippley
Brown, Drew & Massey, LLP
My ct)mmissio~/~expircs llw '. 159 North Wotcott Street, Suite 200
Jr....a Casper, Wyoming 82601
~w/day of. ~Z~)'L August 2-9-16-23 0802C
Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 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 of record, Wells Fargo
Home Mortgage, Inc. in a procedure to foreclose a certain real estate mortgage
dated April'10, 2000 (the "Mortga_qe"), and recorded on April 10, 2000, in Book
443 PR at Page 919 in the records of the office of the County Clerk and ex-officio
Register of Deeds in and for Lincoln, State of Wyoming, wherein Lewis F.
Nielsen, Jr., .a single person, and Tina M. Erickson, a single person, are the
named mortgagors, and Wells Fargo Home Mortgage, Inc. f/k/a Norwest
Mortgage, Inc. is the named mortgagee, 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
secu red thereby.
2. That Brown, Drew & Massey, LLP, as attorneys for said
mortgagee, will charge said mortgagee fees totaling $425.00 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. .
· L.J ~ daye F~pl~ley U
of Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed.in my presence and sworn to before me by P. Jaye. Rippley
this -Q:~-day of ('" ~.~-~t~..':~- , 200 .
Witness my hand ~ ?ficial seal./"')
- Nota"~'Public
~ Certificate of Sale
Nielsen/Erickson 21309-320 [01-01-0331]
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