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HomeMy WebLinkAbout916784 "'!~ , ..~ .. ,.. ~~~ 8d tU ,,1 ~~ t:t'¡ a c:O 'rS U ..ò.,!?; þ.. Cor:"} ".",,t .-~ .."1.... .tr:, ~q <o)oo>f-\c t~ tö; ~:' }.1 0 Ú. ,.,4 ~ .n t' -~~ +~ ó ";;1 r~~ e· '~'3 '1.:" ..5 ç; 8 ..~! . ti'j .u ,J:j ?," " ~ .¡¡..; l!. 000707 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 February 21, 2003, executed and delivered by Joshua E. Johnson, a single person to Mortgage Electronic Registration Systems, Inc., as mortgagee, acting as nominee for AEGIS Lending Corporation and (b) that certain mortgage dated February 21, 2003 (the "Mortqage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 26, 2003, as/in Book 513 PR at Page 601, 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 17, Plat 5, Star Valley Ranch as platted and recorded in the official records of Lincoln County, Wyoming with an address of 101 Barberry Way, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. ( I The mortgage was assigned for value as follows: Assignee: Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003BC4 Assignment dated: January 27, 2006 Assignment recorded: February 3,2006 Assignment recording information: Book 611 at Page 544 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, Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003BC4 ("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 59281 RECEIVED 3/21/2006 at 10:20 AM RECEIVING # 916784 BOOK: 614 PAGE: 707 JEANNE WAGNER ~.~'~¡:~.'.i ~ LINCOLN COUNTY CLERK, KEN\~:;¡~r~:: R, WY Certificate of Sale Johnson 21309-1333 [04-9776F] Page 1 of 7 --_._-. -..- -_.~ ._---~~_._._~---_._~--~------_.~--~-- -- ~~¡m~~;~;im;;~t~~ 091.6784 C00708 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the February 23, 2006 issue of said newspaper and ending with the March 16, 2006 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, 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 8 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 21. 2006 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 $ 119.461.16 ("Bid Sum"), which was bid and offered by Bank of New York. as Trustee for the Certificateholders of CWABS Series 2003BC4 ("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 $600.00 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 21, 2006, 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 21st day of March , 2006. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: Title: Doe.~ut-IJ 5'ht'-n'{f I 59281 Certificate of Sale Johnson 21309-1333 [04-9776F] Page 2 of 7 091.678;1 C00709 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was subsçribed in my presence and acknowledged before me by JtrrL t). tJ)(l~ÜC)éJ , Deputy Sheriff of Lincoln County, State .Jof Wyoming, this 21st day of March , 2006. Witness my hand and official seal. My Commission Expires: & It{-DIJ 59281 lli;::;'¡::'::;:::~ :.:,_._...;.'.:.:._..~J U~;~~i~~~m~¡~~; ~!LijiM)¿¿ Notary Public April Brunski - Not8ry Put lie Stô':ad Cour,t'j cl Wyoming linco!n .' 't ð1 My Commission EXPlres.J 14. Certificate of Sale Johnson 21309-1333 [04~9776F] Page 3 of 7 [;~¡~~~~l~ ~~h ¡ fi;"; "::~~~~ :;:::~:::~;.¡~:;:::::~ ,;¡~:;:~;~::!;t:i:' 'f·:::@ti~¡mWill~f~ Ò~16'84 COC710 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) ) SS. COUNTY OF NA TRONA ) 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 February 21, 2003 (the "Mortqage"), and recorded on February 26, 2003 as/in Book 513 PR at Page 601 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 Joshua E. Johnson, a single person ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of New York, as Trustee for the Certificateholders of CWABS Series 2003BC4 Assignment dated: January 27, 2006 Assignment recorded: February 3, 2006 Assignment recording information: Book 611 at Page 544 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 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, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO, NOI: 7005 1820000016482255 CERTIFIED MAIL NO. NOI: 7005 1820000016482248 CERTIFIED MAIL NO. FSN: 7005 1820000016485027 CERTIFIED MAIL NO. FSN: 7005 1820000016485034 Joshua E. Johnson Joshua E. Johnson 101 Barberry Way P.O. Box 3617 Thayne, WY 83127 Alpine, WY 83128 CERTIFIED MAIL NO, NOI:7005 1820000016483818 CERTIFIED MAIL NO, FSN:7005 1820000016483818 Star Valley Ranch Assoc., Inc. 781 Vista Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 70051820000016482262 CERTIFIED MAIL NO. FSN: 7005 1820000016485041 Occupant 101 Barberry Way Thayne, WY 83127 CERTIFIED MAIL NO, NOI:7005 1820000016483825 CERTIFIED MAIL NO, FSN: 7005 1820000016483825 Star Valley Ranch Assoc., Inc. P.O.Box 159 Thayne, WY 83127 59281 Certificate of Sale Johnson 21309-1333 [04-9776F] Page 4 of 7 / ·;:'~I~ h!:~':~)~:i:k:::;~ ,tJ:""Z'¿......¡...... 031..6784 C00711 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 9, 2006 and the date of the first publication of the notice of foreclosure sale was February 23, 2006. FURTHER AFFIANT SAYETH NAUGHT. By: ye Rip of Brown, Drew & Massey, LL 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribed ,i~'AY presence and sworn to before me by P. Jaye Rippley this 1.1-.- day of v¡ r Jcù...cJv ,2006. Witness my hand and official sea. . / , My Commission Expires: ._.:;;:!Jf;:~J 59281 Certificate of Sale Johnson 21309-1333 [04-9776F] Page 5 of 7 O~1678Ll EXHIBIT B C00712 PUBLISHER'S AFFIDA vir ..""" KEMMERER GAZETTE AFFIDA VIT OF PQBLICATION Kemmerer Gazette , Kemmerer, Wyqming --..-..------ ...!.:.----.-.-...,-- ·'T-_,:~At~.~~()11-1n-;~!1!'~~1'~I~~:- . ""'t~,;",,,~ç~t\ "~~t,, 't' .- . " , ..", ~if'1.it'n~l,Ù ,\~!\,()itl;t3t~§ 'V(:_i~,~~f~- ;' .' , Undef'tHeil1im,sòf~pr ' 'e~&'iIiïã'1Kd'a~1fv'e~ ",',.,', ".' '[."" .to MòÌtgågeElectrorii(¡i, ., ".' ",' . fgr,A¡:gis µnqing Cprp , " ,,"... ' , " , ' (the"Mortgag~~, ?f,~ë;s~~ då,të ~~~úgng '{~ ,,~~e;ì1';' " ,Q¡¡tg!lg~w:~~;exeqltecf;i1JiØi.4~li,y.~ ,~~~:¡ (jhmø¿t~a~~~6bt'rÑ~s~~~f~lj'p~~t)~~~fW~~;,~~:&;¡' ',oithe offiéeof the çoùniy Clerk ániÌex~6mciQ'R¢8istèr'o"fpéëds :i.ffábtffqr : Lirlcoln County;Statì::, of Wyoming; Imd'~1,,:;':it;r'O,!\';,',I: '';1)., .<'\ ;;.>,¡:,*f'-''( ~I¢A,S, ,the.m9rtg~ge Was, a,fsi&4~Wf9t~¡ì1~~'~~ ,!oI!š>.W~:;' ,'. ;'0'\,;' AssIgnee; Bank: of New York, a,!>'T~~,~~fpf Jff,7~~:~ttI~cate~?ldetþ¡o,f CWABS Senes 2003BC4 ,,', ',"i""""",.,o_"",h;:, , _h , ',¡', , ~,', ;~:!f ~"', ',';":1".';' ,'"r' .":~,i¡.;:~:,,,,_~ ~fl. A8sIgnfuentdated: Jànuatÿ27, 2006 " " " ' Assignment recorded:,Febrµåry4, 2Õ06'i,: ,;(:'f¡; "\\' ", Assignment recording ihfcimiatiòi:J.:Bôòk:611' åt¡:Pag~ 544';':ò"; . '," ,AIl in t4~ r,ecords,.of tlie ç.oJJQty"ÇJerIÇiuldeX: )ffi¿¡ö:Regi'sìè~,iòf1Jéêdšií1' and for LincoIn County, Wyoming. ' , ! '. ..'>',' ,;,~.,-: ': :,: ,.:',~Úr,/"':':!': :,;! WHEREAS; the Mortgage contains åpo\\,e~ ðf8åÍe}wJiich:b.r',~ÌI$oìl óf said default, the Mortgagee declares to h~veb,d::Oni¿ bìiëi:~tiye, I!-I1d~¥ß~it or proceedip.g~~sJ)eel1 insµwtéø,at law.to re~ôv~Ì',tl1e .~~~~, sê~,~r~d~X!þ,e'~p~- gage, or any part ther~of, nor,has any suclì SUIt òrpröceedWg been ßIISt,ífuteQ and the same discorttillUed; arid '0 ,', '¡"f' 1C_·':..:+vk\i ;, WHERE~S, written notice òf,intentto fòrec1Ç>se thë:lVfortg,~ge'gý'à~vc::r- tiseRlen,r and salehasbè~n setve~ ~poI)~e re~òrd oW,J?-et~:~~:t!h~;~ärty in posseSSIOn of the mortgaged pri':nnses atleast; tel;!,( 10) da'y~-pnbr ,t0tlt~þom. mencement of this publication, and the ånibtirit<lue upò~JheMortgagë\Jn the date of first publication of this notice of sale 1;iemgthetCit.IÛ,sumOf $ 1'1 8,048.Ö3 which sum consists' of the unpaid principal baIánce'd($1~~i35f54 plus ~_ terest accrued to the date .of the fIrst publication of this"hotic'é in the amöùÌÏt of $8,041.35, plus Iate charges in ~Mamou9t of $163.84, les~ II pll!tÎal pay- ment balance in the amount 0[$833. 70,pl.u8 ,çP1~rQJJtst¡lI1,<.!i.n&fhflTgç~ffi,~~ ' amo~nt of $2,322.00, plus attorneys' feçs., c,ostse,xpendeq. ana,l\c;:cf,Ul!1g, 1I1~ terest and late charges aft~r the date of fust publication of this notice ohalç; . WHEREAS, The property ~eing foreclo~ed, upon may be subject to othe~ liens and encumbrances that wIll, not be extIngUIshed at the sale~, Any pro.. spective puréhasershould research the status of title before submitting a bid; NOW, THEREFORE Bank of New York, as Trustee for the C~rtifIcat~ho~ders ofCWABS Series 2og3BC4, as the Mortgage~.will ha~e the Mortgage foreclosed as 1?y law provided by causing the mortgaged prop- erty to be sold at public vendue by the' Sheriff Ór Deputy 'Sheriff in: and for Lincoln County, Wyoming ta th~ highest bidder for cash a~ 10:00 o'clock Ì11 the forenaon on March 21, 2006 at the front door of the Lincoln County Courthouse.in Kemmerer, Lincoln County, Wyoming, for appJ.ica~on on the above-described amounts secured by the Mortgage, siUd mortgageèl property b~ing described as follows, to-wit:" . .", . , Lot 17, Plat 5, Stat Valley Ranch as platted and recardeQ" in the offtcial records of Lincoln County, Wyoming , , . . with an adcfress of 101 BarbenyWay, Thayne, WY 83121 Together with all improvements thereon situate and all fIxtures and appur- tenances thereto. - , : Bank: of New York, as Trustee for the Certiflcatebolders .of CWABS . Seri~s 2003BC4 By: P. Jaye Rippley Brown, Drew & Massey, LLP 159 North Wol,cott Street, Suite 200 . .' Cllsper,Wy,p(ning 82601 Publish: F~bruary 23, March 2,9, Ip, í~rx:~_,-_:J¡'¡'.:~,'~:.'~ :ië"f;lñ, ,.,_ ~J.2t ROXANNE RUDY - NOTARY PUBUC COUNTY OF A STATE OF UNCOLN _ WYOMING MVCOMMISSION EXPIRES 1/31109 .. _. .<. ...- 59281 ~t¡~f~1¡~!!i~i~~·~;::~ ;{i f i!;j!~!;~m~~~~!~t~ Kemmerer vlyorning -. STATE OFVfYOMING ) ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, a weekly paper of general circulation, published once a week at, Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was put,lished in said newspaper foJr¿u..A insenions, the first publication having been made on the 23 I'_é day of ~MuCL.t.-j A.D., 20Qk, and the last publication on the/Co 1J- day of (Åû../CÁ, A.D., 20~; that said nO:lce was published in a regular and entire issue of the paper(s) in which it was pub Ii ~hed; and that said notice was ,published 111 the newspaper proper, and not III a supplement. ~A~ Michael Je sen, Publisher Subscribed in my presence and sv'orn to this 2 I sf day of A.D., 2(1~. before me on {Ì\a1r~ ~~CL¡¿ct Certificate of Sale Johnson 21309-1333 [04-9776F] Page 6 of 7 C00713 091.6784 EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $600.00 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 SA YETH NAUGHT. By: . Jaye Ri I Y of Brown, Drew & Massey, P 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 Subscribe? MY pr~sence and sworn to before me by P. Jaye Rippley this 1l day of~, 2006, Witness my hand and ~ My Commission Expires: ,CI~~, ~~R..NOTAA;', L,~, :,uc<- " Natrona '. ~ .....~.~~~~~~~~-~.~?:.~..... 59281 Certificate of Sale Johnson 21309-1333 [04-9776F] Page 7 of 7 Iiilllli:'::;¡::::::,~"r ~:'·II.,¡ ," '¡"j. \~: ';':,' '·'.i_L,;...',l_' ;:::;:::;*::::;:;:;:;j '·;·I+,I, ",..I'~' j;:1