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HomeMy WebLinkAbout920389 '1:1) ::j >. . ,.DbQ '"0.5 Q) S "Eo 0;>,. g~..Q ... <+- I:: bQoO .5 ~ ;>, ~8~ .~ ~ !3 ~p.J0 I:: '"0 0 Q) ¡::: "" S co:! U! ;:I Q) '" go¡:¡ ~p .- Q) t: .~ ~ 000 '777 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 October 24, 2003, executed and delivered by Brian Ware, a married man as his sole and separate property to New Century Mortgage Corporation and (b) that certain mortgage dated October 24, 2003 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 28, '2003, as/in Book 540 at Page 378, in the records of the office of the County Cle~k 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 12 of the Three River Meadows Subdivision, Lincoln County, Wyoming as described on the official plat therof ParcellD #12-3718-28-3-04-012.0 with an address of 434 Meadows Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, Trustee, on behalf of the Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2 Assignment dated: February 10, 2006 Assignment recorded: February 17, 2006 Assignment recording information: Book 612 at Page 606, and re-recorded May 19, 2006 in Book 620 at Page 737 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, Deutsche Bank National Trust Company, Trustee, on behalf of the Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2, Mortgage Pass-through Certificates Series 2004- NC2 ("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. 65917 RECEIVED 7/19/2006 at 4:08 PM RECEIVING # 920389 BOOK: 626 PAGE: 777 JEANNE WAGN LINCOLN COUNTY CLERK, K Certificate of Sale Ware 21309-2085 [06-00155] Page 1 of 7 > ~@i~lr: ~n~lli]~]~! ir'~q -)¡ 0--) 'ç;' 9. 'U ,'J ¡I;,~ \.J (j r: n 0 t"'i 7 8 ) U I ( 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 June 22, 2006 issue of said newspaper and ending with the July 13, 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 requitements 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 July 18, 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 $197,830.34 ("Bid Sum"), which was bid and offered by Deutsche Bank Nåtional Trust Company. Trustee. on behalf of the Certificateholders of Moman Stanley ABS Capital I Inc.Trust 2004-NC2, MortQaQe Pass-throuQh Certificates Series 2004-NC2 ("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 sitùate and all fixtures and appurtenances thereto. at and upon expiration of three (3) months and thirty (30) days from and after July 18, 2006, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 65917 Certificate of Sale Ware 21309-2085 [06-00155] Page 2 of 7 ,,>,. ,n.o.·"»O~C'9 I\.j .~1 ;.o~ dC., rnOt'179 .' ,.r , t ) 01 DATED at Kemmerer, Lincoln County, State of Wyoming, this LL day of 5td.¡ ,2006. Lee Gardner, Sheriff in and for Lincoln County, State of Wyoming By: e: ,70izi1 I? ~ ~e/[Irt( L ke,â~~ P¡-(r~flfJ I I . Print Title: ACKNOWLEDGMENT STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instru ent' was u s ribed in m acknowledged before me by D~ff of Lincoln County State of Wy ,2006. . and and official seal. c. M. ASHLEY . NOTARY PU8UC ~t t: -"01 LIncciìt . WyomIng CommIIaIQn I Dec. 4, 2007 , day of ~~p~~~ My Commission Expires: ~. 8<t) [)J;;f}1 65917 Certificate of Sale Ware 21309-2085 [06-00155] Page 3 of 7 1· ·I¡j·.·,.~:¡~i¡,:,., :'::!ili~:1;;;¡:~;~ ,¡.¡~.:~¡.~:,:;:;:. ¡-:m~~~~?!~!~: ('TiJ':'~;'¡¡¡'Þ,;>¡~¡, t ,~-~~¡,!~It1fI¡~i,.i~,i >iifZ'ili:-r1h:~:;~.t~.' ," c "'ì\'"~9 1 ',,;¡:j...·--':.ddU ''\J., fJ>,,,, r()r.t-'180 t.. \.1'. , 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 October 24, 2003 (the "Mortqaqe"), and recorded on October 28, 2003 as/in Book 540 at Page 478 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 Brian Ware, a married man as his sole and separate property ("Mortgagor(s)"), the named mortgagor(s), and New Century Mortgage Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, Trustee, on behalf of the Certificateholders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC2 Assignment dated: February 10, 2006 Assignment recorded: February 17, 2006 Assignment recording information: Book 612 at Page 606, and re-recorded May 19,2006 in Book 620 at Page 737 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: 65917 Certificate of Sale Ware 21309-2085 [06-00155] Page 4 of7 CERTIFIED MAIL NO. NOI: 7005 1820000131742234 CERTIFIED MAIL NO. FSN: 70060810000004194424 Brian Ware 434 Meadows Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 7005 18200001 31745808 CERTIFIED MAIL NO. FSN; 70060810000004194479 Brian Ware P.O. Box 301 Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 700518200001 31742241 CERTIFIED MAIL NO. FSN: 70060810000004194431 Brian Ware P.O. Box 3397 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 7005 18200001 31742258 CERTIFIED MAIL NO. FSN: 70060810000004194448 Occupant 434 Meadows Drive Alpine, WY 83128 .1'}....) "")I 0 ..~ C· 9 11..i....J~~ de.) r()O~181 '.' \.1 CERTIFIED MAIL NO. NOI: 7005 18200001 31745884 CERTIFIED MAIL NO. FSN: 70060810000004194462 PI Alpine, LLC P.O. Box 548 Trego, MT 59934 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 8, 2006 and the date of the first publication of the notice of foreclosure sale was June 22, 2006. FURTHER AFFIANT SA YETH NAUGHT. By: P. ye Rip I of Brown, Drew & Masse, LP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 SUbscribed~' my presence and sworn to before me by P. Jaye Rippley this .LL day of .~ , 2006. ã Witness my hand and official S6ea' 1,..; ~_.~ fZ~~ Not ublic cL~ My Commission Expires: . . _ 1'\1.,...' ~ '.'~., ClNÖ¥ BAKER - ~b:rARY PlJ,B.lIC· . County át ~. State of N~l'ol)a ~íng My eÇl~m.i~~OI!~!~~~:~::~..... a........ IIo_~.;À...r........:.-..4.~.............. "., . . ". . 65917 Certificate of Sale Ware 21309-2085 [06-00155] Page 5 of 7 #¡~;lj~;'~t~¡¡';~¡J~-' · It¡!.1~4t~.·é ~;¡¡:,;.¡: ~1;ili!.fill.1:j:~~~ :~M:::::*::t::::::f ;1~:'! ~:':f~.~.:I.:ili! ,,;·'Q')'O~69 ~.;... "..J ,.~.., - EXHIBIT B 000'782 KEMMERER GAZETTE Kemmerer vlyorning . AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ROXANNE RUDY - NOTARY PUBLIC COUNìY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 1/31/09 :'~i~f :~}fl~¢ .' MQijgit . }':f}S#i c'ìei:~:~l 'Må"'-;19 ¡rid~fi !h;~~~h~,t~~~~::çs>';¡ . . . ":,' ". ,."S¡ilié,Mortgage ëòritàÌns, owér:öf'sale..W ich by reason of ~äiddefa:~itl";' \" ",.~ ee decIareS'tô hâ~e be~otÍÌe óper . it~;;;~~~l.~~~~~~! ,WHERE,' ·ëè;>fj.n,t(:ri.ttqfQ¢~lõ ti~éMeht~4.<~hWq:µ;¡A,'i' "', possessionof'Íìí' ,., ".'. 'pÌ-énÜs¢ ~~¿~i~~~~g~lt~OhJj~'ffii~'A6i~i~t~··" "..... . ,',', ,ê,.tôt,·..,' ~u@;~;gf;g,~~ì;;~;" which~~lÏ1coñšist~cif'!hê;u~p;j(l'þiipcipà ,.a1~n'c~þt$:11J:7.94.Ù pl~~;ìn-; teréstaccrue4 t?th¿ d¡¡teåf,~h,~.f#"stÞ~~~~~Hih,<?f~I;ùS:~Qi¡9~;:þ1;the al11.R~nt ' of $14,27Q.61, plus 1atesh/U'ges m th7.ar.n0~~rof.$~2:ì.7~¡ph.1s ¡¡n es~row ,ad~ance ,in t~<àm9u~t.()~,~li~?1.~1~;·P~ti,~9thef,QY.(!;ï#,~~ipg;;èlÍaiges .0·~hë ' ",.. 'cIlll0unt of $2,471~OQ;J:!~ysatt?I1l~~s~l~~~,-.~os~se.;'t~nded. 1l11ª .accrumgm- , teresi, ànd latecharges'a(i¢tthe 'diltê'Q(fir~fþhl"liëati9q¿(thii~potíce of~¡¡le; WHERE¡\S ,Thepróptirtyheing íorèç[Òsed~p.9~ciná§~Þ~·.~µbJect toç,ther, liens.and t:ncumbran~~s th~t w~l ~ó,t þ~t:*til1gu~·sh7<iií~ijí~~~~~.~ !'-nY... p~o- .' ~pectIve puwhaser:,~þ,ql,!;, ,~~1l!9þ~t; ~taws~f tIt~e, þt:.f()fe.\~JI.Þ,íp1ttmgª 1>~9; NOw,'I}{ERE ".' . µt~FÞ.e. Bllrik;Nat~?i1i1ll'~st'"çQWj>aI1Y, Tnístee, on béhålfof,tjii... ..e.""..""",,\'...::(M~J:s.of,,M¿rg~~'S~al1leÿtW§C;;àpita1 ~,,)'11c. Trust 2004cNÇ2..j.M9ttgage.Pa~s-Wr()1,1gh· ÇertI~c¡,\tes. ~ei)~s;'2QQ4-Nqt as . the, Mortgag~e, \\iµfh~~~, 'W~}~Qit&ag~.,.fcii:ec!os¿d· ås,' by !~»,Wovided by causing the m()I1g'agecl.·p~ºpettŸ töbe~ql(l. ¡,It puòliç vend1,1~qytIi~Sheriff or Deputy ShéÍiff.Ìi1'ilndfor .L1f¡cöln ë.punty;WYQmil)~ to Q¡ehig\1est bidder for cash iltÌ.Q.:QO 0' çø9:~ in ih,è,Jqr¢ppononJ.uiy 1 S,2Q06 aqht: f¡;oüt ~.oor of the Linc?ln,.CO\1~tY;f(}urtho!ls~þ1;,:Ke..IWP~rþr;'Linc.o1p County,','jYy()lIÚng, f?r applicatIon on. the. abQvec.<ie.scrybed· àWourits secÜrèg by tht: ¥prtgage, saId mortgaged própert9 being de~cìibéd' as [onows" to~wit: . , ',...' "": '. ' Lot 12 ()f the.;'n.û:e.e~ve.r)vleadQwsSuþdiYisiQI1, UnwIn ¢()1!l1ty, Wyo- mmgasßescribeq., ol1}h,eoff!.cial plat therof ' ' .'," , 'Parcel IP,#1~~3;7.J8-f8~3;-Q~hP.l7-0' , with an address of 434 Meadows Drive, Alpme, WY 83128 Together with all improvements thereon situate and all fIxtti~e.sand appur- tenances thereto. ' , , Deutsche Bank National Trust Company, Trustee, on behalf of the CertifIcateholders. of Morgan Stanley A~S, Capital I Inc.Trust 2004-NC2, Mortgage Pass-tlÌrough tertificate~ Series, 2004-NC2 ,,' , By: P. ]¡¡ye Rippley Brown, Drew & Màssey, LLP 159 North Wolcott Street, Suite 200 Casper, Wyoming 82601 Publish: June 22, 29, July 6, 13,2006 0622D 65917 ,~:¡:::::::::~:r:¡:;::J :±~:!f~~ó~:: STATE OF V/YOMING ) 5S. 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, V/yoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper fOI6~nsenions, the the first publication having been made on 22!" ~ay of "J'LL1r-Q - AD., 20 0 ~ and the last publication 011 the \ ~1:J-day of ~ \ AD., 20 O(p that said nO:lce was published in a regular and entire issue of the paper(s) in which it was publi ,hed; and that said notice was published III the newspaper proper, and not III a supplement. ~~~ Michael sen, Publisher Subscribed in my presence and SV/Otn to this \ l.{-h::. day of AD., 2(1~ be~\.~on \ í4Ml~ ¿ dz( Certificate of Sale Ware 21309-2085 [06-00155] Page 6 of 7 ~Rj1;:~;;t;~:;j:i::i!*:: f:If~;,:""!,\,\!,,,111 ~:"'~·,:niliJZi!!!ili!.I' 0920~~[¡9 ,..' ·:t)O'~83 I., \.i ( 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:~ P. Jaye I pi of Brown, Drew & M ey, LLP 159 North Wolcott, Suite 200 Casper, Wyoming 82601 (307) 234-1000 SUbscribe~ my presence and sworn to before me by P. Jaye Rippley this 11- day of ..IlL ,2006. Ò Witness my hand and 0 My Commission Expires: , . CINDY BAKER - NOTARY PUBLIC ~ , County Ó'f "', State of" Natt0t:l~ ' \fVIjoming My CoqunisSionExpireS SePt 17, 2006 ....................~......~...................................................,.'!",.............................................. 65917 Certificate of Sale Ware 21309-2085 [06-00155] Page 7 of 7 ~:::::~:::::~::~~: ~~ t:~':i:.: :.:t: :.~:':