HomeMy WebLinkAbout908669CERTIFICATE 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 6, 2002, executed and delivered by
Keith Niemeyer and Staci Niemeyer, husband and wife to Mortgage Electronic
Registration Systems, Inc. and (b) that certain mortgage dated November 6,
2002 (the "Mortgage"), securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
November 12, 2002, as/in Book 504 PR Page 408, 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:
Lots 11, 12 and 13 of Block 29 of the First Addition to
the Town of LaBarge, formerly Tulsa, Lincoln County,
Wyoming as described on the official plat thereof
with an address of
568 Oak Street, LaBarge, WY 83123
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, 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 April 28, 2005 issue of said
newspaper and ending with the May 19, 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 May 24, 2005 at 10:00 o'clock in the
forenoon, at the front door of the Lin'coin 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
38362
RECEIVED 5)24/2005 at 3:44 PM
RECEIVING # 908669
BOOK: 586 PAGE: 140
JEANNE WAGNER
LINCOLN COUNTY ,CLERK, KEMMERER, WY
Certificate of Sale
Niemeyer 30052-0005 ri
Page 1 of 7
00141
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
¢52,680.50 ("Bid Sum"), which was bid and offered by Mort,qage Electronic
Registration 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 $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 May 24, 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
24th day of May ,2005.
Lee Gardner, Sheriff in and for Lincoln
County, State of Wyoming
Print
38362
Certificate of Sale
Niemeyer 30052-0005 []
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· 00142
ACKNOWLEDGMENT
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrumen~was subscribed in r~y presence and
acknowledged before me by L~.~k) I~f"{ ,z.~~.~_~_.~ ~ ~) ,
.Depu. E~ Sbe.(iff of Lincoln County, ~--~'t-e~-~'-Wy~' ir~, this ~day of
"~ J J3¢...~~, 2005.
~ Witness my hand and official seal·
My Commission Expires:
38362
Certificate of Sale
Niemeyer 30052-0005 []
Page 3 of 7
o: o8 6 .- O014 3
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGF
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 November 6, 2002 (the
"Mortclage"), and recorded on November 12, 2002 as/in Book 504 PR Page 408
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 Keith Niemeyer and Staci
Niemeyer, husband and wife ("Mortgagor(s)"), the named mortgagor(s), and
Mortgage Electronic Registration Systems, 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 2510 00030859 1157
Keith Niemeyer
568 Oak Street
LaBarge, WY 83123
CERTIFIED MAIL NO.7004 2510 0003 0859 1164
,Staci Niemeyer
568 Oak Street
LaBarge, WY 83123
CERTIFIED MAIL NO.7004 2510 0003 0859 1195
Keith Niemeyer
P.O. Box 253
La Barge, WY 83123
CERTIFIED MAIL NO. 7004 2510 0003 0859 1201
Staci Niemeyer
P.O. Box 253
La Barge, WY 83123
CERTIFIED MAIL NO. 7004 2510 0003 0859 1171
Occupant
568 Oak Street
LaBarge, WY 83123
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 13, 2005 and the date of the first publication of the notice
of foreclosure sale was April 28, 2005.
38362 ' : ,.
' : " Certificate of Sale
Niemeyer 30052-0005 [J
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OO144
FURTHER AFFIANT SAYETH NAUGHT.
of Brown, Drew & Massey, 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 _,.-~__(-) day of ~ ,2005.
Witness my hand and officiC.~al. ./'-')
i ,
k"'"Notary Public U ~ --
My Commission Expires:
INDY BAKER - NOTARY PUBLIC 'l
.... ~ ~o.~;.,~,,. ~ ~
38362
Certificate of Sale
Niemeyer 30052-0005 [I
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
PROOF OF PUBLICATION
THE STATE OF WYOMING }
}ss
County of Lincoln }
I Roger Capellen 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 ~'Oc' -
dayof /L:~. ~__./ 2005 and was published in each succeeding week until the
/
day of ,/:/70'~¢- ~ , 2005 being a period of __
Week(s). That said newspaper is published weekly on Thursday of each week.
successive
subscribed and sworn to before me, the ~ Z/TCZ~ day of
t))&t ,
Roxanne ~udy
Notary Public
County of Lincoln State of Wyoming
My Commission Expires 1/31/2009
- , FO CLOS SaL
~E~AS, dehult in th~ paymen[ 0f principal and interest has occu~ed
under the ferns ora promsso~ note (~e ~'Note'.') dated November 6, 2002,
executed and d~H~eked b~ K~ith Niemey~k and St:~ci Niemeyef, husban~ ~d
wife ("Mortgagor(s)") to Moggage Electronic Regis~ation Systems, [nc:. and
a real estate mortgage (the ~'Mo~gage") of the same date secur~g ~e. N0te,
wh~h Mo~gage was executed and delivered by shd Mo~gagor(s), to said
Mortgagee. and which Mo~gage was recorded on November 12, 2002, in/as
Book 504 PR Page 408 in the records of the office of the County Clerk and
ex~3fficio Register of Deeds in and for Lincoln CounW, State of Wyoming;
and
~E~AS, the Mo~gage contains a power of sale which by reason of
said default, the owner of the Note and ~e Mo~gage decides to have bedome
operative, and no suit or proceeding has been instituted at law to recover the
debt secured by ~e Mo~gage, or any p~t thereof, nor has any such suit or
proceeding been instituted and the same discontinued; and
W~AS, written notice of intent to foreclose the Mo~gage by adver-
tisement and sale has been served upon the record owner and the p~y in
possession of the mortgaged pre~ses at least ten (10) days prior to the com-
mencement of this publication, and the amount due upon the Mo~gage on the
date of f~st publication of this notice of sale being the total sum of $50,663.49
which sum consi~ 6f~e unp~i~fi~cipal bal~c~og'$48 ~5~92 lus inter-
~st accrued to t~'~the-first.pug~mn~o~ t~s~nofceag~)g~amount
~ I,~3.38, plu~l~te ~$s in ~e"~ffi66ht df $51~'l~",~ plug'~ escrow advanc~
in the amount of'$~196'.~6, plus ~i6~{out~tanding &hfges ih the amount of
$42.58~ 'plu~.attgme?s'~ fees)~ ~sts expended, and accruing interest 'and late
ch~ges '~ter the d~te bf:~St publication of ~s.notice of
38362
~ WHEREAS, The property.beitig f6reclosed upon maybe sub}e, ct?t~.othe~-
liens'and'e, n6u,mbrance~ 'thati,~, ill 'n~'?be ~e:ktinghi~l~d"aL~
~pectiv~'ptirCh~ser Shodld research the statds 0f:tifi~:lS~f0~' Submittihg a bid;
NOW, THEREFORE Mortgage Electronic Registration Systems, Inc., as
the owner of the N6te and the Mortgage, will have the Mortgage foreclosed
as by law provided by causing the mortgaged property to be sold at public
vend. ue by the Sheriff or Deputy Sheriffin and for Lincoln County, Wyoming
to the highest bidder for cash at 10:00 o'cloLk in the forenoon on May 24,
2005 at the front door of the LinCOln County Courthouse in Kemmerer, Lin-
coln County,.Wyomihg; foi; ~ipplidhfi6n on the ~ibbv'e~described amounts se-
cured by the Mortgage, said mortgaged property being described as follows,
to-wit:
Lots 11, 12 and 13 of Block 29 of the First Addition to the Town of LaBarge,
formerly Tulsa, Lincoln County, Wyoming as described on the official plat
thereof
with an address of 568 Oak Street, LaBarge, WY 83123
Together with all improvements thereon situate and all £~xtures and appur-
tenances thereto.
; '".'. '; Mortgag~'~l~c~ronic Registration Systems, Inc. [
' ' '. ::.,, ~.: ,.,, ¢ . By:'P. JayeRippley[
l!i' . . . _-" ,5. ,.'' Brown,.Vrew & Massey, LLP[~
~PuNis'h: April 28, May S,
NiemeyerBO052~O005
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
' 00!46
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.
v I¢. Jaye(,.~i~pl~y
of Brown, Drew & Massey, LLP
159 North Wolcott, Suite 200
Casper, Wyoming 82601
(307) 234-1000
Subscribed iJL,~y presence and sworn to before me by P. Jaye Rippley
thisc~._ day of [ ~ )(Lf.4. ,2005. ~
No~'~bliC (J -:' '
CINDY ~KER - ~TARY PUBUC
c~ ~ s=~o~
38362
Certificate of Sale
Niemeyer 30052-0005 [J
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