SHERIFF'S DEEDON MORTGAGE SALE
THIS INDENTURE, made this day of , 20BETWEEN , Sheriff, in and for the County of in the State of Michigan, party of the first part, and of party of the second part. (2)
WITNESSETH, That Whereas, made a certain INDENTURE OF MORTGAGE to which was duly recorded in the Office of the Register of Deeds, in and for the County of in Liber of Mortgages, on Page which said Indenture of Mortgage contained a power of sale, which has become operative by reason of a default in the condition of said Mortgage.
And Whereas, by virtue of said power of sale, and in pursuance of the Statute in such case made and provided, no proceedings at law having been instituted to recover the debts secured by said Mortgage, or any part thereof, a notice was duly published and a copy of said notice was duly posted in a conspicuous place upon said premises and that the said premises in said Indenture of Mortgage would be sold on the day of , 20 at that being the place of holding the Circuit Court in County where the premises are situated .
And Whereas, In pursuance of said notice, I did on the day of , 20 at o'clock, in the noon of said day expose for sale, at Public Vendue, the lands and tenements hereinafter particularly described, and on such sale did strike off and sell the said lands and tenements to
for the sum of
that being the highest bid therefor and being the highest bidder, which said lands and tenements are situated in the of , County of , State of Michigan, and are more particularly described as follows, to wit: (3)
AFFIDAVIT UNDER SOLDIERS AND SAILORS CIVIL RELIEF ACT OF 1940
being duly sworn, deposes and says that on behalf of , he makes this affidavit with respect to the foreclosure of a certain mortgage made by the mortgagors, to dated and recorded Mortgage Liber , page , County Records, which said mortgage was foreclosed at public sale on . Deponent further says that he has made investigation from which it appears that on and for three months preceding such sale the parties named below were not in military service as such term is defined in the Soldiers & Sailors Relief Act of 1940, as amended.
Deponent further says that from such investigation it appears that during said period persons named above were the only persons owning or holding an interest in title to premises described in said mortgage, and were the only persons primarily or secondarily liable under said mortgage, and further that said persons named above were not dependent upon any person in military service as defined in said act.
Subscribed and sworn to before me this day of , 20.
Notary Public
County, Michigan
My commission expires:
Acting in the County of
Now, this Indenture Witnesseth, That I, the Sheriff aforesaid, by virtue and in the pursuance of the Statute in such case made and provided, and in consideration of the said sum of money so paid as aforesaid, have granted, conveyed, bargained and sold, and by this Deed do grant, convey, bargain and sell unto the said
(1) heirs and assigns, Forever, All the said lands and tenements hereinbefore described, with the appurtenances and all the estate, right, title and interest which the said Mortgagor had in the said lands and tenements, and every part thereof, on the day of , 20, that being the date of said Mortgage; or at any time thereafter,
To Have and to Hold the said lands and tenements and every part thereof to the said
(1) heirs and assigns, forever, to their sole and only use, benefit and behoof forever, as fully and absolutely as I, , Sheriff aforesaid, under the authority aforesaid, might, could or ought to sell the same.
In Witness Whereof, I have hereunto set my hand and seal the day and year first above written. (1)
Sheriff in and for the County of
State of Michigan)
County of / ) SS.
On this day of , 20, before me, a in and for said County, came , Sheriff of said County, known to me to be the individual described in and who executed the above conveyance, and acknowledged that he executed the same as his free act and deed.
Notary Public, County, Michigan
My commission expires:
Name and business address of person
who drafted this instrument:
EVIDENCE OF SALE
(Affidavit of Publisher)State of Michigan)
County of / ) SS.
, being duly sworn, deposes and says he is of the , a public newspaper published in the in said County, that the annexed printed notice of Mortgage Sale was duly printed and published for four successive weeks in said paper, at least once in each week, commencing on the day of , 20, and ending on the day of , 20.
Notary Public, County, Michigan
My commission expires:
(Affidavit of Posting)
State of Michigan)
County of ) SS.
, being duly sworn, deposes and says that on the day of , 20, at in said County, he posted a true copy of the annexed Notice in a conspicuous place upon the premises described in said Notice by attaching the same in a secure manner to .
Subscribed and sworn to before this day of , 20.
Notary Public, County, Michigan
My commission expires:
(Affidavit of Auctioneer)
State of Michigan)
County of / ) SS.
, being duly sworn, deposes and says that he/sheheshe is Sheriff of said County of , that he acted as Auctioneer, and made the sale as described in the annexed Deed pursuant to the foregoing printed notice, that the sale was opened at o'clock in the noon of the day of , 20, at the outer door of , that being the place of holding the Circuit Court in the said County of and was kept open for the space of hour , that the highest bid for said lands and tenements was the sum of made by and that the sale was in all respects open and fair, and did strike off and sell the said lands and premises to the said , who purchased the said premises fairly, and in good faith, as deponent verily believes.
Subscribed and sworn to before this day of , 20.
Notary Public, County, Michigan
My commission expires:
State of Michigan)
County of / ) SS.
I do Hereby Certify, That the within Deed will become operative at the expiration of 6 months from the day of , 20 unless otherwise redeemed according to law, in such case made and provided.
, Sheriff.
State of Michigan)
County of / ) SS.
I do Hereby Certify, That the foregoing evidence of sale was received for record at the Register's Office for said County, on the day of , 20 at o'clock .m., and that the same is duly recorded in said office, in Liber , Page , County Register of Deeds.
Register of Deeds.
Drafted by:
When recorded, return to:
NOTES
1 When conveyance is made to a Corporation or partnership, draw a line through "his heirs" and insert "its successors".2 Name and address of each person executing this instrument is required.
3 Attach copy of Publication for Description if space is inadequate.
Names of witnesses, notary public, and persons executing this instrument must be printed, typewritten or stamped immediately beneath the signature of such person.