HomeMy WebLinkAbout907336CERTIFICATE OF SALE
STATE OF WYOMING )
)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 November 1, 2001, executed and delivered by
Lawrence C. Schreiber and Tomie C. Schreiber, husband and wife to Mortgage
Express, Inc. and (b) that certain mortgage dated November 1, 2001 (the
"Mort.qaqe"), securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on November 6, 2001,
as/in Book 476PR at Page 514, 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 Kennington Circle Addition to the Town of
Afton, Wyoming, according to the official plat filed with
the County Clerk, Lincoln County, Wyoming
with an address of
195 East 9th Avenue, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: November 3, 2002
Assignment recorded: November 12, 2002
Assignment recording information: Book 504PR at Page 288
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, Mortgage Electronic Registration
Systems, Inc. ("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 March 3, 2005 issue of said
newspaper and ending with the March 24, 2005 issue thereof; that said notice did
343?
RECEIVED 3/29/2005 at 4:37 PM
RECEIVING # 907336
BOOK: 581 PAGE: 771
JEANNE WAGNER ~
INCOLN COUNTY CLERK KEMM~E~: Wy
Certificate of Sale
Schreiber 21309-1299 [04-8761 F]
Page 1 of 7
MAR ,°9 ?~: 8:51AM BROWP.I DREW MASSEY LLE F0.05
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 March 29, 2005 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
~298,106.30_ ("Bid Sum"), which was bid and offered by Mort.qage Electroniq
'Reqistration Systems, Inc. ("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 $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 and upon expiration of three (3)
months and thirty (30) days from and after March 29, 2005, 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
of .
Lee Gardner, Sher. Cggq an~--for~incoln
County, State of(Wyoming
By: --___-
34337
Certificate of Sale
Schreiber 21309-1299 [04-8761 FI
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ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subsCdbe~ in my presence and
acknowledged before me by :,~!kf'~x,)l~ I I)~)/t~""~~-.~ ~
Deputy Sheriff of Lincoln County;' State of '~/~-'~r~'i~i ;d~[s ":~I~ day of
'-'¢'~t_.d~[J,. _~, 2005.
Witness my hand and official seal.
My Commission Expires:
34337
Certificate of Sale
Schreiber 21309-1299 [04-8761F]
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 November 1, 2001 (the
"Mort.qaqe"), and recorded on November 6, 2001 as/in Book 476PR at Page 514
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 Lawrence C. Schreiber and
Tomie C. Schreiber, husband and wife ("Mortgagor(s)"), the named mortgagor(s),
and Mortgage Express, Inc. is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: November 3, 2002
Assignment recorded: November 12, 2002
Assignment recording information: Book 504PR at Page 288
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 Wyol 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 2890 0003 9267 2032
Lawrence C. Schreiber
195 East 9th Avenue
Alton, WY 831 10
CERTIFIED MAIL NO.7004 2890 0003 9267 2049
Tomie C. Schreiber
195 East 9th Avenue
Alton, WY 83110
CERTIFIED MAIL NO. 7004 2890 0003 9267 2087
Lawrence C. Schreiber
P.O. Box 661
Alton, WY 831 10
CERTIFIED MAIL NO. 7004 2890 0003 9267 2094
Tomie C. Schreiber
P.O. Box 661
Afton, WY 831 10
CERTIFIED MAIL NO. 7004 2890 0003 9267 2100
Lincoln-Uinta Revolving Loan Fund
cio Judd Redden
848 Front Street
Evanston, WY 82930
CERTIFIED MAILNO. 70042890000392672056
Occupant
195 East9th Avenue
Aflon, WY 83110
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Schreiber 21309-1299 [04-8761 F]
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CERTIFIED MAIL NO. 7004 2890 0003 9267 2070
Beneficial Wyoming Inc.
1993 Dewar Drive, Suite 3
Rock Springs, WY 82901
,. 0775
CERTIFIED MAIL NO. 7004 2890 0003 9267 2148
District Director
Internal Revenue Service
Rocky Mountain District Office
600 Seventeenth Street
Denver, Colorado 80202
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 16, 2005 and the date of the first publication of the
notice of foreclosure sale was March 3, 2005.
FURTHER AFFIANT SAYETH NAUGHT.
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed in my presence and sworn to before me by P. Jaye
Rippley this ~ day of{~_,/'~ ,2005.
Witness my hand and official seal.
,l(Iotary Public
My Commission Expires:
34337
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Schreiber 21309-1299 [04-8761 F]
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EXHIBIT b
PUBLISHER'S AFFIDAVIT
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 ___~f?
day of ]/)~d64 t¢/,~ ,2005 and was published in each succeeding week until the
day
of
,2005 being a period of~r_~ successive
at said n .~aper is published weekly on Thursday of each week.
Kathle~n Rosas
subscribed and sworn to before me, the
7 ccc c A_ ,2005.
Roxanne Rudy
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 1/31/20oo
day of
34337
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
,_ ,:. 0777
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 ¢eal 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 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 NAUGH,T. ,
· (J ~) Jby~J;~J~pl~/y~'
of Brown'', Drew & Mab. Jey,/LP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
this
My Commission Expires:
Subscribed ir~.my j~resence and sworn to by P. Jaye Rippley
¢,~day of~_.¢~.Z) ,2005. before me
Witness my hand and official seal.
¢~J'otary pUbliC // - _
34337
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Schreiber 21309-1299 [04-8761 F]
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