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HomeMy WebLinkAbout90692514 CERTIFICATE OF SALE STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) I, Lee Gardner, Sheriff of Lincoln County, State of Wyoming, do hereby certify that I have sold at public auction according to the statutes, on March 8, 2005, the following described real property located in Lincoln County, State of Wyoming: Parcel 1. A portion of the property referred to in Instrument No. 733119 recorded in Book 297PR on page 184 of the records of the Lincoln County Clerk, being within the E%2SE1/4 of Section 1, T30N R1 19W of the 6'h P.M., Lincoln County, Wyoming described as follows: Beginning at an iron pipe set at a point, said point being 2391.05 feet N 0°27'29" E and 265.00 feet N 89°05'45" W, from the B.L.M. type monument set marking the Lloyd B. Baker, 2000 location for the Southeast Corner of said Section 1; thence S 1°57'59" W, along the easterly line of the land contained in said instrument t recorded in Book 297, 329.79 feet to an iron pipe set; thence S 89°41' l 1" W, 522.04 feet to an iron pipe set; thence N 0°24'08" E, along the westerly line of the land contained in said instrument, 340.84 feet to an iron pipe set; thence S 89°05'45" E, 531.03 feet to the point of beginning. Parcel 2. The right of access as provided for in instrument recorded August 24, 2000 in Book 450PR on page 679 of the records of the Lincoln County Clerk. Under a power of sale contained in the mortgage and as provided for under Sections 34-4-104 and 34-4-105, Wyoming Statutes (2004), the undersigned was directed to receive the sum of $ 118, 166.17 The name of the purchaser was Wyoming Community Development Authority and the amount of the sale was $ 118,166. 1 Such purchaser was the highest bidder at the sale and the sum of $ 118,166.17 was the whole price paid for such property. The purchaser is entitled to a deed for the property at the expiration of the statutory period of redemption unless property is redeemed prior to that date. Dated this 81n day of March, 2005. RECEIVED 3/8/2005 at 2:11 PM RECEIVING # 906925 BOOK: 580 PAGE: 324 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING Lee Gardner eri By: Title: , ~w )SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by this 8`day of March, 2005 Witness my hand and seal. No ary ublic My Commission Expires: 1JAM E PANTER N[Y PRY PUBLIC ~11N 1N 41, .v 11 1> - ~M fcornrtnss6 Ex - ~nrir° 0900925 PROOF OF PUBLICATION THE STATE OF WYOMING } }ss County of Lincoln } I Kathleen Rosas 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 day o ' , 2005 and was published in each succeeding week until the day of M414 G.L.. , 2005 being a period of 4,K - successive week( . That said ne paper is published weekly on Thursday of each week. Kathle n Rosas subscribed and sworn to before me, the c3 day of /~JL , 2005. Roxanne Rudy / Notary Public County of Lincoln State of Wyoming My Commission Expires 1/31/2009 NOTICkOF FORECLQSIJRE SALE' NOTICE IS HEREBY GIVEN purstiaattoWyoiiiingStatuies,Annotated 'iy Sections 34-4-104 and 34-4-105 (2004), that a certain mortgage dated No vember 8, 2000 yvhi`ch wak i, X66ted'and 6elivered.by Steven Nebeker andi Nicole Nebeker to,First,Nat onalsBaa-West, aNational BankingAssocia , tion, and recorded in the County Clerk's Office, Lincoln County; State of Wyoming 66 NoVembei 9,'2000 rm Baok455PR at Page 403 as Instrument o. 869578; and was„then asstgged;o Wyoining Coinmiinity-Develogmentiji; uthority 'on November 8,'26Q6, and recorded in the County Clerk's Office,' ; mcoln County, State of Wyoming, on November 15, 2000, in Book 455 adli t'age 671 as Instrument-N6. 869762, will be-foreclosed by a sale to the high-,', est bidder ataa public auctio.1 of the premises described pursuant to a power of _j sale contaiopc, mithe~mpctg4ge a t")1 The prenruses`that are described in the mortgage are as follows Parcel 1. A porfi'on of thcpruperty referred to in Instrument No. 733119', recorded in Book 297PR'6n' page 184 of the records of the Lincoln County` Clerk beiri within the-E7/2SE1/4.Vf dec on IT 30N R119W ~of the 6th.jr; P"M„ Lincoln County Wyoming descrlbedras follows., r _ iu Beginng at an iron pipg4settattaoml; sari! point being;2391.05 feet N 0927'29" E and 265.00 feet N 89°05'45 ' W, from the B,L:M. typemonument;` set marking the Lloyd B. Baker, 2000 location, for, the_Southeast Comer ofr, said Section 1; thence S 1°57'59" W along the easterly' line` of the land con twined in said instrument recorded in Book.297, 329.79.feet to an iron piper set thenceS 89°41' 1 1" W, 522.04 feet to an iron pipe set; thence N0°24'08"k,y E( along the westerly line,of,the ,land contained in said, instrument; 340.84 _ feet to an iron pipe set; thence S 89°05'45";E, 531031eet,to the point of r beginning. k_: 1 , =F 113rcel2; he,nght of nGpe,~ a~ providcc l ti)r m instrument recorded Au -gust 24--2000 in $pti>L 5{1Pt~.or1 p1ige 67.E pf~itie records: of. the.Lineoln t~ County Clerk l 5', # The above sale-will.be conducted by the Sheriff or the Sheriff's Deputy at:4.. Se front door'of the Courthouse in the City; of. Kemmerer, County of Lincoln,:,?" State of Wyoming, at 10:00 a.m. on March 8, 2005. Steven Nebeker and Nicole Nebekerhaye defaulwd in the terms otthe-note.and mortgage and.the under- signed claims $115935.64 principal and interest due on the mortgage, plus j per diem interest of °$2`1.65 on the unpaid halhince'to'the date'of gale, plus . reasouable attorney's tees and expenses of,sa1c, E DATED this 7th day of February,2005 Wyonnng Community. Development Authority, Mortgageerj;i ,iBY:./s% James R: Bell -MURANE;&-BOSTWICK, LLC,..? `261 North Wolcott y;, Casper, WY 82601'; (307) 234-9345 / Fax: (307) 237-51 IQ y; Attorney for Mortgagee February 10-17 24-Nla_tch 3 0210A:'F F OXANNE RUDY UNTY OF STATE OF NCOLN WYOMINQ MY COMMISSION EXPIRES 1/31!09 STATE OF WYOMING ) ) ss. COUNTY OF NATRONA ) AFFIDAVIT w,l 4,~ l.1 JAMES R. BELL, foreclosing attorney for WYOMING COMMUNITY DEVELOPMENT AUTHORITY upon his oath deposes and says: Written Notice of Default and Intent to Foreclose was mailed to the owners of record at their last known addresses by certified mail, return receipt requested, on January 21, 2005, at least ten days before the commencement of publication of the Notice of Foreclosure Sale as follows: Steven Nebeker 560 EL Clark County Road 150 Smoot WY 83126 Steven Nebeker PO Box 1637 Afton WY 83126 Steven Nebeker 560 EL Clark County Road 150 Afton WY 83110 DATED this I" day of March, 2005. STATE OF WYOMING ) ) ss. COUNTY OF NATRONA ) Nicole Nebeker 560 EL Clark County Road 150 Smoot WY 83126 Nicole Nebeker PO Box 1637 Afton WY 83126 Nicole Nebeker 560 EL Clark County Road 150 Afton WY 83110 JAM 9S R. BELL Subscribed and sworn to before me this 1s` day of March, 2005, by JAMES R. BELL. NOTARY PUBLIC tGw• ''1 Ada Wylie ! COUNTY OF NATRONA / n r ` I r ~ ,,-IATE OF WYOMING ~~~ts 3t ,,.res November 13.2M7 Notary Public My cominission expires: 13 -0? 9OG925 NOTICE OF DEFAULT AND INTENT TO FORECLOSE NOTICE REQUIRED BY THE FAIR DE13T COLLECTION PRACTICES ACT 15 U.S.C. SECTIONS 1601 ET. SEQ. AS AMENDED TO Steven Nebeker 560 EL Clark County Road 150 Smoot WY 83126 Steven Nebeker PO Box 1637 Afton WY 83110 Steven Nebeker 560 EL Clark County Road 150 Afton WY 83110 Occupant 560 EL Clark County Road 150 Smoot WY 83126 Nicole Nebeker 560 EL Clark County Road 150 Smoot WY 83126 Nicole Nebeker PO Box 1637 Afton WY 83110 Nicole Nebeker 560 EL Clark County Road 150 Afton WY 83110 On November 8, 2000 you executed and delivered to First National Bank-West, A National Banking Association, as Mortgagee, a mortgage on certain real property described in the mortgage as security for payment of a mortgage note in the amount of One Hundred Fourteen Thousand Dollars and No/ 100 ($114,000.00), which was executed and delivered by you on the same day to First National Bank-West, A National Banking Association. The mortgage dated November 8, 2000, was recorded in the Lincoln County Clerk's Office on November 9, 2000, in Book 455 PR at Page 403 as Document No. 869578. The mortgage was assigned to Wyoming Community Development Authority on November 8, 2000, and recorded in the Lincoln County Clerk's Office on November 15, 2000, in Book 455 at Page 671 as Document No. 869762. There has been a material breach of the mortgage note which the mortgage was given to secure in that payment was not made on September 1, 2004, nor on any date after September 1, 2004, as required by the terms of the mortgage note. The amount now due on the mortgage note is $115,005.60, including principal and interest to January 21, 2005, including late charges. Per diem interest is $21.65. The mortgage debt will be assumed valid by the undersigned attorney unless you, within thirty (30) days after receipt of this notice, dispute the validity of the mortgage debt in writing to the undersigned attorney. If you dispute the validity of the mortgage debt in writing within thirty (30) days after receipt of this notice, the undersigned attorney will obtain verification of the debt and a copy of the verification will be mailed to you. The name and address of any mortgagee will be provided to you if, within thirty (30) days, you make written request to the undersigned attorney for the address of any mortgagee. NOTICE IS GIVEN to you that the mortgagee now considers all of the principal and interest due, in accordance with the terms of the mortgage note and the mortgage and will cause the property to be sold at a foreclosure sale of that said real property described in the mortgage by advertisement and sale. All information obtained from you will be used in the collection of the debt. If you are on active duty in the armed forces and have been deployed to a foreign country, please notify this office immediately. Dated this 21S` day of January, 2005. Wyoming Community Development Authority, Mortgagee BY: 5~~ J R. BELL Murane & Bostwick, LLC 201 North Wolcott C WY 82601 (3. - 34-9345 /Fax: (307) 237-5110 0 9W)25 STATE OF WYOMING ) ) ss. COUNTY OF NATRONA ) U AFFIDAVIT JAMES R. BELL, foreclosing attorney for WYOMING COMMUNITY DEVELOPMENT AUTHORITY upon his oath deposes and says: That there is no agreement between himself and any other person for any sharing or division of fee and the fee added to the debt is only as compensation for services actually performed in the foreclosure proceeding and that he is an attorney admitted to practice in the State of Wyoming and that he resides in Wyoming. DATED this ISt day of March, 2005. STATE OF WYOMING ) ) ss. COUNTY OF NATRONA ) J ES R. BELL Subscribed and sworn to before me this Ist day of March, 2005, by JAMES R. BELL. r4 0 .G '•4 .R~• NOT?.RV PUBLIC o{ i•:; Ad:; Wylie. C' "e, V i : OF NATRONA ,;)s ETA't'E OF WYOMING - Notary Public My Cca cr Expires November 13, 2001 My commission expires: - D r 09OG925 NOTICE OF FORECLOSURE SALE nr'" 4i NOTICE IS HEREBY GIVEN pursuant to Wyoming Statutes, Annotated, Sections 34-4-104 and 34-4-105 (2004), that a certain mortgage dated November 8, 2000, which was executed and delivered by Steven Nebeker and Nicole Nebeker to First National Bank-West, a National Banking Association, and recorded in the County Clerk's Office, Lincoln County, State of Wyoming on November 9, 2000, in Book 455PR at Page 403 as Instrument No. 869578, and was then assigned to Wyoming Community Development Authority on November 8, 2000, and recorded in the County Clerk's Office, Lincoln County, State of Wyoming, on November 15, 2000, in Book 455 at Page 671 as Instrument No. 869762, will be foreclosed by a sale to the highest bidder at a public auction of the premises described pursuant to a power of sale contained in the mortgage. The premises that are described in the mortgage are as follows: Parcel 1. A portion of the property referred to in Instrument No. 733119 recorded in Book 297PR on page 184 of the records of the Lincoln County Clerk, being within the E%SE'/4 of Section 1, T3 ON R119W of the 6`h P.M., Lincoln County, Wyoming described as follows: Beginning at an iron pipe set at a point, said point being 2391.05 feet N 0°27'29" E and 265.00 feet N 89°05'45" W, from the B.L.M. type monument set marking the Lloyd B. Baker, 2000 location for the Southeast Corner of said Section 1; thence S 1°57'59" W, along the easterly line of the land contained in said instrument recorded in Book 297, 329.79 feet to an iron pipe set; thence S 89°41' 11" W, 522.04 feet to an iron pipe set; thence N 0°24'08" E, along the westerly line of the land contained in said instrument, 340.84 feet to an iron pipe set; thence S 89°05'45" E, 531.03 feet to the point of beginning. Parcel 2. The right of access as provided for in instrument recorded August 24, 2000 in Book 450PR on page 679 of the records of the Lincoln County Clerk. The above sale will be conducted by the Sheriff or the Sheriff's Deputy at the front door of the Courthouse in the City of Kemmerer, County of Lincoln, State of Wyoming, at 10:00 a.m. on March 8, 2005. Steven Nebeker and Nicole Nebeker have defaulted in the terms of the note and mortgage and the undersigned claims $115,935.64 principal and interest due on the mortgage, plus per diem interest of $21.65 on the unpaid balance to the date of sale, plus reasonable attorney's fees and expenses of sale. DATED this 7th day of February, 2005. Wyoming Community Development Authority, Mortgagee BY: ~A l Jarna . Bell MURANE & BOSTWICK, LLC 201 North Wolcott Casper, WY 82601 (307) 234-9345 / Fax: (307) 237-5110 Attorney for Mortgagee Publish: February 10, 17, 24 and March 3, 2005 L . o M Ned 1_q btJ ; 1311 t, . Z C3 n -f r k . 'ratil O M J\ . I - t H . I r ° IZ3 - O Ln O Total Po---- ° A Signature O Sent To NICOLE NEBEKER X i o rt srrea,A PO Box 1637 B. Received by j or PO Bo CIry .;tai AFTON WY 83126 ~ D. Is ,lye-mac -Y enter, , t 0 NICOLE NEBEKER PO Box 1637 AF MN WY 83126 I-tI r-).I ❑ Agent ❑ Addressee Name) C. Data of Delivery from item 1? L Yes ass below: ❑ No ' ' 3. Se U 40 ❑ )fi L1 Express Mail ❑ R99Wffv d'NE Q Return Receipt for Merchandise ❑ Insured Mail' C.O.D: 4. Restricted Delivery?{ Extra Fee) ❑ Yes 2;. Article Number 7004 0550 0001 2484 0983 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt. 102595-02-M=t5ao 117 U.S C3 3' y A C3 !j T r: SECTION COMPLETE THIS ON DELIVER Y ED Ln u1 ~ Ie A. Signature _ M Total X Agent 'se ❑ Addressee o santro NICOLE NEBEKER 150 I5 e . b P hied Name) C. Date of Delivery 111 e I Street Ap 560 EL CLARK COUNTY ROAD 9 or PO Ba ag AFTON WY 83110 S D. Is deliv d y Brent from item 1? ❑ Yes t C/ry M r ZUUd S Ve`r1s below: ❑ No 0 NICOLE NEBEKER :,lE & 131 -TWIC LC f 560EL CLARK COUNTY ROAD 1 x56-- N WY 83110 A Tdd, l . se 3 ' FTO Mai cartified,MSil Mail ~ox ss ❑ ert ❑ Registered eturn Receipt forMerchandise ❑ insured Mail` ❑ C.O.D: 4. Restricted Delivery?-(Extra Fee) ❑ Yes 2; Article Number 7004 0550 0001 2484 0976 - (Transfer from service late ; PS Form 3811, February Domestic Return Receipt 102595-02-14-1540 ' 117 . iOI• . • • . 0 . ~ 67, a,.. z% riJ O Ln / / Total Postal _ O sent To STEVEN NEBEKER PO BOX 1637 h F~P0 jq _ or PO Box N AFTON YN 83126 STEVEN NEBEKER PO Box 1637 ltrl~f 0 A Signature X / ❑ Agent ❑ Addressee f3. Rec i ed b (Pee 9 . r- Iv ry D. Is d i ery d ss different (f from Item 1? - s yptf~fres~elpy.o~ CJI;•No If Y t. 4deliveJH _ ~ fry~,, LLUU URANE; ~BO5s IV1;:' LLC AFTON WWT3126__. 3. seisTe rp ❑ rtifl aliress.Mail, ❑ Reg red Retum Receipt -for Merchandise ❑ Insured ai ❑ C.O.D. 4: Restricted Delivey? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service Jai 7004 0550 0001 2484 0990 08 Form 3811, February 2004 Domestic Raturn Receipt toe ss-oz-rt-tsao IT' a- ED 543 'Lj N r i + I I I t t C } ~ 1.1 ti - ' . t ED I1 14EI`R N O 1 ' / f v+aa.•../ y1~~ o COMPLETE THIS SECTION ON DELIVERY ul \q A. Signature TotalPo---- ' ❑ Agent ❑ Addressee Q sent o STEVEN NEBEKER _ f d N OUNTY ROAD 15 0 C K e ame C. Date of Delivery r sireBi, of 560 EL CLAR orP 1, 1 10 Ciry Ni. AFTON Vv i 83 D. Is delivery addre dj e t r m item 1?. ❑ Yes If YES, enter d ' e ddtes . below: ❑ No JAN 28 , 01 STEVENNEDEI<ER * X ti,jl 560 EL CLARK COUNTY ROAD T50', A ETON WY 83110 3: -Service yp ❑ Certifi M 11.~[~(press mail . ❑ Registers . ~ etum Receipt for Merchandise ~ . ❑ Insured Mall ❑ C.O.D.. 4. Restricted Delivery? (Extra Fee) ❑ Yes 9 Adicla Number qq 1 ~ C\l L.A( ? may. 1 i _urw.hy` O _ 7 ~ Q O a r-q 1 r ru 0 r4 u Cl Ooo W a z M u . o owo LF) o Z CA ° C) C) z~3 ~ U G t'. 31 . - o x U cw C off ~ r"' a e. 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