2010 Wyoming Statutes
Title 34 - Property, Conveyances And Security Transactions
Chapter 3 - Deeds Of Trust

CHAPTER 3 - DEEDS OF TRUST

 

34-3-101. Form.

 

A deed of trust to secure debts or indemnify sureties may be in the following form, or to the same effect:

 

This deed, made the .... day ...., in the year of ...., between .... (the grantor) of the one part, and .... (the trustee) of the other part; witnesseth: That the said .... (the grantor) doth (or do) grant unto the said .... (the trustee) the following property (here describe it), in trust to secure (here describe the debts to be secured or the sureties to be indemnified, and insert covenants or any other provisions the parties may agree upon); witness the following signatures and seals (or signature and seal).

 

34-3-102. Trustee's sale; generally.

 

 

(a) The trustee in any such deed, except so far as may be therein otherwise provided, shall, whenever required by any creditor secured or any surety indemnified by the deed, or the personal representative of any such creditor or surety, after the debt due to such creditor, or for which such surety may be liable, shall have become payable, and default shall have been made in the payment thereof, or any part thereof, by the grantor, sell the property conveyed by the deed, or so much thereof as may be necessary, at public auction, for cash, having first given notice of such sale as hereinafter prescribed, and shall apply the proceeds of sale, first to the payment of expenses attending the execution of the trust, including a commission to the trustee of five percent (5%) on first three hundred dollars ($300.00) and two percent (2%) on the residue of the proceeds, and then, pro rata (or in the order of priority, if any, prescribed by the deed) to the payment of the debts secured and the indemnity of the sureties indemnified by the deed, and shall pay the surplus, if any, to the grantor, his heirs, personal representatives, or assigns. Every such notice of such sale shall show the following particulars:

 

(i) The time and place of sale;

 

(ii) The names of the parties to the deed under which it will be made;

 

(iii) The date of the deed;

 

(iv) The office and book in which it is recorded;

 

(v) The quantity and description of the land or other property, or both, conveyed thereby;

 

(vi) The names of the persons secured or indemnified thereby;

 

(vii) The amount secured and the time when payable;

 

(viii) The amount of credits, if any, to which the same is subject;

 

(ix) The amount of the principal and interest claimed to be due and unpaid, and for which the sale will be made.

 

34-3-103. Trustee's sale; notice.

 

Notice of sale mentioned in W.S. 34-3-102 shall in every case be the same as the notice provided in W.S. 34-4-104.

 

34-3-104. Trustee's sale; form of deed for auctioned realty.

 

Every deed for real estate sold under a deed of trust may be made in the following form, or to the same effect:

 

This deed, made the .... day of .... between A. B., trustee, of the first part, and C. D., of the second part, whereas the said trustee, by virtue of the authority vested in him by the deed of trust hereinafter mentioned (or by an order of the district court of the county of ....) made on the .... day of .... (as the case may be), did sell as required by law, a certain tract (or lot, as the case may be), of land, situated in the county (or city, town or village, as the case may be), of .... conveyed by E. F. to the said A. B., trustee (or to G. H., trustee, as the case may be), by deed bearing date the .... day of ...., and recorded (if it be recorded), in deed book ...., on page ...., in the office of the recorder of the county of ...., and bounded and described therein as follows: (Here insert the description and quantity as set forth in the deed of trust and any other description deemed necessary); at which sale the said C. D. became the purchaser for the sum of .... dollars. Now, therefore, this deed witnesseth that the said trustee hereby conveys and grants to the said C. D. the said real estate hereinbefore described, with all the right, title and interest held by the said E. F. therein, to have and to hold the said real estate and premises unto the said C. D., his heirs and assigns forever.

 

Witness the following signature and seal.

 

----------------------- (Seal.)