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CERTIFICATE 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 September 4, 2003, executed and delivered by
Jeffrey A. Schott and Linda M. Schott, husband and wife to Wells Fargo Home
Mortgage, Inc. and (b) that certain mortgage dated September 4, 2003 (the
"Mortqaqe"), securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on September 8, 2003,
as/in Book 534 PR at Page 41, 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 11 of Southbrook Ranches Subdivision, Lincoln
County, Wyoming as described on the official plat
thereof
with an address of
176 Poplar Drive, Thayne, WY 83127
Together with all improvements thereon situate and'
all fixtures and appurtenances thereto.
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, Wells Fargo Bank, N.A.
successor by merger to Wells Fargo Home Mortgage, 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 24, 2005 issue of said
newspaper and ending with the April 14, 2005 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 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 April 19, 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
36103
RECEIVED 4/20/2005 at 4:13 PM
RECEIVING # 907778
BOOK: 583 PAGE: 432
JEANNE WAGNER ..........
LINCOLN
COUNTY CLERK, KE~i~;'
Certificate of Sale
Schott 21309-1648 [05-02760]
Page 1 of 7
004:!!3
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
$232,056.32 ("Bid Sum"), which was bid and offered by Wells Fargo Bank, N.A.
successor by merger to Wells Farqo Home Mortgage, 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 $500.00 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 April 19, 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
day of ~r~l'L , 2005.
'1
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
By: ~ ·
'
Print Name: L~i. ff ;c~. '~i~ ~,/~_
36103
Certificate of Sale
Schott 21309-1648 [05-02760]
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00434
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by
Deputy Sheriff of Lincoln County, State of Wyoming, this 1'~ day of
_-~, ¢;L ,2005.
Witness my hand and official seal.
O~OUNW OF ~ STATE OF [
Commission Expires January 23,.,2~_0(~8j
Notary Public
My Commission Expires:
36103
Certificate of Sale
Schott 21309-1648 [05-02760]
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00435
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 in a procedure to
foreclose a certain real estate mortgage dated September 4, 2003 (the
"Mortgage"), and recorded on September 8, 2003 as/in Book 534 PR at Page 41
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 Jeffrey A. Schott and Linda
M. Schott, husband and wife ("Mortgagor(s)"), the named mortgagor(s), and
Wells Fargo Home Mortgage, Inc. is the named mortgagee; 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 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 9266 9759
Jeffrey A. Schott
176 Poplar Drive
Thayne, WY 83127
CERTIFIED MAIL NO.7004 2890 0003 9266 9766
Linda M. Schott
176 Poplar Drive
Thayne, WY 83127
CERTIFIED MAIL NO. 7004 2890 0003 9266 9803
Jeffrey A. Schott
P.O. Box 1240
Thayne, WY 83127
CERTIFIED MAIL NO. 7004 2890 0003 9266 9810
Linda M. Schott
P.O. Box 1240
Thayne, WY 83127
CERTIFIED MAIL NO.7004 2890 0003 9266 9797
Wells FargO Bank, N.A.
P.O. Box 31557
Billings, MT 59107
CERTIFIED MAIL NO. 7004 2890 0003 9266 9773
Occupant
176 Poplar Drive
Thayne, WY 83127
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 8, 2005 and the date of the first publication of the notice
of foreclosure sale was March 24, 2005.
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Schott 21309-1648 [05-02760]
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FURTHER AFFIANT SAYETH NAUGHT.
U ~. Jay~ ~il~p~y
of Brown, Drew & M/assey, LLP
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 ~°o'r"day of (3,.~t L_ ~ _ ~ %
Witness ~ ~
36103
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Schott 21309-1648 [05-02760]
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
7
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,
Liucoln County, in the State of Wyoming.
That the notice, a true copy of which is hereto attached was published on the
day of fl)l F-6~C/x.~ ,2005 and was published in each succeeding week until the
/zJ ~ day of //~.,d~ ,2005 being a period of~~uccessive
~Shat said new~7/~sx~published weekly on Thursday of each week. Kathle~n Rosas
subscribed and sworn to before me, the
Roxanne Rudy
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 1/31/2009
,2005.
FORECLOSURE SALE ~NOTICE
WHEREAS, default in the payment of prifi'cipal and interest has occurred
upder the terms of a promissory note (the "N6te")dated September 4. 2003,
executed and delivered by Jeffrey A. Schott and Linda M. Schott, husband
and wife ("Mortgagdr(S)") to W611~ ~argt~ Home Mortgage, Inc..i and a'reai
estate mortgage (the.."Mortgage") of the same date securing the Note, which
Mortgage was execUi~d andl. delix;ered by said Mortgagor(s), to said Mort-
gagee, and which~ Mortgage ~vas recorded on September 8. 2003, in/as Book
534 ~ at Page 41 in the records of the office of the County Clerk and ex-
offi.cj~Re, gister of Deeds in and for Linc61n County, State of Wyoming and
,w.~REAS, the Mbrtgage contains 'a power of sale which by reason of
said d~fault, the owner of the Note and the Mortgage declares {o have b'ecome:
operative, and no suit or proceeding has been instituted at law to recover the
debt secured by the Mortgage, or any part thereof, nor has any such suit or
proceeding been.instituted and the .s. ame discontinued; and ....
WHEREAS~ Writt&~i h~tice of instant to ,forecios~ t~hd M0~-t~h~e by' hdv~r-~
tise~qent and sale has been served :upon. it~e i-e~o~'~t 0Wn~' ~fi~l the p'arty in
possession of the mortgaged premises at least ten (10) days prior to the com-
rpencement of this publication, and the amount due upon the Mortgage on the
date of first pubhcation of this notice of sale being the total sum of $230.370.84
which sum consists of the unpaid principal balance of $223.897.21 plus in-
terest accrued to the date of the first publication of this notice in ihe amount
of $5,353.39, plus an escrow advance in the amount of $370.71, plus other
outstanding charges in the amount of $749.53, plus attorneys' fees, costs ex-
pended, and accruing interest and late charges after the date of first publica-
tion of this notice of sale;
day of
F a r :~d~ml e~ ot~fl ~g e~, ~W~! ~le~Cr~ ~:~ee ;~r t~Ye ~vle:grg e~°e ,W;[llS,
have the Mortgage foreclosed as '_by. law provided hy~¢ausing~the_mort, gaged
property to be sold at pubhO2~er~ue.by the;Sheriff 0.r.Deputy Sheriff in and
for L~ncol~ County Wyormrig tb the~dghest'b~dder for cash at 10:00 o clock
tn the forenoon on April 19,.2005tat.the front door of the L~ncoln County
Courthouge in Kemmerer Liffc61h ~0unty Wyoming roi-applfdation on the
ab0v~-descnbed amounts sec~re~ ~ th~'MOttgag~ 'Stied inortgaged'property
being described as follows, t~-'w~t:!{~ . .., ~i,., '- '. .... ~ , '
Lot 11 of SouthbrooliRafl~hes Subdivision, Lincoln County, Wyoming as
described on the official plat.there0f with an address of 176 Poplar Drive.
Thayne. WY 83127
Together with all improvem/nts thereon situate and all fixtures and appur-
tenances thereto.
Wells Fargo Ban. k, N.A.
By: P. Jaye Rippley
Brown, Drew & Massey, LLP
159 North Wolcott Street, Suite 200
~ '~ ,~ ..% .,~ .~.' ~:i ., . ~asper, Wyoming 82601
Publish: March'24 31 April'? 1;l ¢005, "~: ." ' 0324
......... Schott 233094648 [05-02760]
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
004:-)8
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 real estate mortgage.
2. That Brown, Drew & Massey, LLP, as attorneys for the
Mortgagee will charge the Mortgagee fees totaling $500.00 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,,.T_.L
of Brown, Drew & N~ssey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
~Sqbscribed ~n my presence and sworn to before me b~aye Rippley
this '~"~day o~
~ad anf~~al~" ~ ~
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