The URL can be used to link to this page

Home My WebLink About922822 (¡) j >.. J::¡ C!O ~.5 I\) E "E 0 0>. u~ ;.;. ~,-ë 01)00 .5 ~ >. ~ e ~ '" u 1:: a_ tI) :I "'11.10 ¡::~ u Ë c os ;:s os :a g I\) -c:E ",E-< .- I\) 15~ =< OOOO?~\ CERTIFICATE OF SALE STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) ~. ..(¡ ');~ 'ìl1 U R of lawful age, being first duly sworn upon his oath, states 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 25, 2004, executed and delivered by Steven R McLaughlin to Bank of Jackson Hole and (b) that certain mortgage dated October 25, 2004 (the "Mortaaae"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 29, 2005, at Reception No. 904179 in Book 571 at Page 0091 , 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 100, PAT 6, STAR VALLEY RANCH, ACCORDING TO THAT PLAT OF RECORD IN THE OFFICE OF LlNCON COUNTY CLERK, LINCOLN COUNTY WYOMING. with an address of 35 White Pine Drive Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: October 29, 2004 Assignment recorded: October 29,2004 Assignment recording information: at Reception No. 904180 in Book 0571 at Page 0101 Assignee: Countrywide Home Loans, Inc. Assignment dated: July 19, 2006 Assignment recorded: July 26, 2006 Assignment recording information: at Reception No. 920626 in Book 627 at Page 710 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, Countrywide Home Loans, 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 August 24, 2006 issue of said newspaper and ending with the September 14, 2006 issue thereof; that said notice was mailed, certified mail, return RECEIVED 9/26/2006 at 4:16 PM RECEIVING # 922822 BOOK: 635 PAGE: 79 .,., ,.,., ,"...,'~J:: ^NNE WAGNER !:;::::::::r.:~::::i::'F-'" LlNCOL):;:!:.e'ð'tJNTY CLERK, KEMMERER, WY :!!r~~;i~:~,r;/~~J r.. 4· ) '.jJ~Î<~U~":' @m~¡;li~~~i 00008û 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 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 September 26, 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 $250,000.00 ("Bid Sum"), which was bid and offered by Michael J. Martin and Jennifer A. Martin ("Successful Bidder") and that after soliciting and calling for other and higher bids therefore, 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 $2,290.75 is to be paid to CMS Lega!"Services, LLC, 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 September 26, 2006, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. -/4 ~¡O/..e DATED at Kemmerer, Lincoln County, State of Wyoming, this;)..1:, day of 11--~-e.r , 2006. J.. .-:; ·G;4n::A ý\ ef Sheriff in and for Lincoln County, State of Wyoming By:J Title:<-Ç, '5 0 c. vo. +- U9~~S~;¿ ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrum nt acknowledged before me by Sheriff of Lincoln County, State of ) ) SS ) Witness my hand and official ~e~. iJs<I), nIJ I ~ Notary Pubíi¿ ~ My Commission Expires: M. AIHLEY . NOTARY PUBlIC CounIr cI !.. .... 01 Uncc*t . Wwoming ~rV·Mo.c. 4. 2007 . :¡m~i~r::::~!!m~ ~"' 000081 . ........ presence and , Deputy ,2006. , , ;:;:::::~~:i:::;: ",1.tÚ:~¡~,·.,I!,. ,¡ :I~!:::~.~:~: ::~;. U9~~8ZZ 000082 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) ) SS ) COUNTY OF NA TRONA Danette Baldacci 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 CMS Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated October 25, 2004 (the "Mortaaae"), and recorded on October 29, 2005, at Reception No. 9041,79 in Book 571 at Page 0091 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 Steven R McLaughlin ("Mortgagor(s)"), the named mortgagor(s), and Bank of Jackson Hole is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: October 29,2004 Assignment recorded: October 29,2004 Assignment recording information: ,at Reception No. 904180 in Book 0571 at Page 0101 Assignee: Countrywide Home Loans, Inc. Assignment dated: July 19, 2006 Assignment recorded: July 26, 2006 Assignment recording information: at Reception No. 920626 in Book 627 at Page 710 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:71054522644000002985 71054522644000003258 CERTIFIED MAIL NO. FSN:71054522644000003852 Steven R McLaughlin 35 White Pine Drive Thayne, VfY 83127 CERTIFIED MAIL NO. NOI:71 054522644000002992 71054522644000003265 CERTIFIED MAIL NO. FSN:71054522644000oo3869 Steven R Mclaughlin PO Box 2796 Jackson, VfY 8300 I COSPkg.doc Certificate of Sale McLauhlin 06-11028 Page 4 of 8 000083 0922822 CERTIFIED MAIL NO. NOI:71054522644000003005 CERTIFIED MAIL NO. FSN:71054522644000003876 Occupant 35 White Pine Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI:71054522644000003012 CERTIFIED MAIL NO. FSN: 71054522644000003883 COWltrywide Home Loans, Inc. 400 COWltrywide Way, SV 35, P. O. Box 10232 Simi Valley, CA 93065-6298 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 1 0, 2006 and the date of the first publication of the notice of foreclosure sale was August 24, 2006. FURTHER AFFIANT SA YETH NAUGHT. By: Danette aldacci CMS Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY -00008-2609 3073335379 .' Subscribed in my presence and sworn to before me by Danette Baldacci this 2-2 day of ~ . 2006. Witness my hand and OffiCi~ ~ . Nota ublic My Commission Expires: 2-\ ~-\ 0 lie LYNN NEUBERGER STATE OF WYOMING COUNlY OF NATRONA Comml sian Ex i Feb 13 201 COSPkg.doc Certificate of Sale McLauhlin 06-11028 Page 5 of 8 jjt::~~j::::~:::!:::¡ ~I.._. d~~~~8ZZ EXHIBIT B 000084 PUBLISHER'S AFFIDAVIT -. . -, <.. ~'." KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ROXANNE RUDY - NOTARY PUBUC COUNTVœr &\ mTE Œ UNCaJI _ WVOMING MYCOMMISSION EXPIRES 1/31109 '[t·,)¡·~~.. .jÄ~~~~~ mtdet the temiS ofa 'prø " note (thè'''Nofe''}dáted Oètober 25; 2004. ~j(¥uted and ¡k,livered,_ÞY" "en R McLåÌItbJfu("M'ortgagòr(~)") to:é'abk ä'r:Jàckson Holé;'anœà reaIeState mortgage, (the. !'Mertgage'1)' oftf1e,'same dâ~;sCcuring~e Nôte.which Mörtgage w~ executed ¡md delivered, by said Mortgagor(s); to said Mortgagee. andw~¥~aP-WU'rèGoidcØðàbc- tober 29.2005. at Reception No. 904179.ïp~'??~4:~I¡,f1f.~JX>91m ~e records of the office of the County €lerk and-exJ-6ffièiöReg¡ster of Deeds m andfor Lincoln County. State of Wyoming; and < f x.',.¿" .if '; ;\ ,WHEREAS. the mortgage was assigned for value as follows: Assignee¡ Mórtgage Electronic Registtation:SYŠtems.Inè;"';' , ,Assignment dated: October 29. 2004·' ,:, Assignment recQnied: October 29. 2004., ',', ,",' " ' '" Assignmèntrecording:information: at RecèþtiOÌl No. 904180 in Book 0571 at Page OHH '. '\:,'i;f\~,:~t, ' , I ' . ' Assignee: Coûi1iryWid'e'Hbme Loans. Inc. Assignment da,ted: July 19.2006 , Assigmrlcnt r~orded: July 26. 2006 ", " " ' Assignmèntred~g information: at Reception No. 920626 in Book 627 at Page 710; C ", ' , ' ' , All in the records of the County Clerk. and ex~fficio Register of Deeds in and for Lincoln CountY. Wyoming. , WHEREAS. the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative. and no suit or proceeding has been instituted at law to recover the debt secured by the Mort- gage. or any part thereof. nor has any such suit or proceeding been instituted and the same discontinued; and ~, " WHEREAS_ ';VÇtt<:Ih1;1,?~S~qVii1te~t~oforec1osethe Mortgage byadver- tisement and saÍl~'has~tt<'s~poq thereèordovmer and the party in -' ssessiQ~ ort a ed " least.ten(lØ}days,~to,thc:~mr'; mencemen 0, ,pu catIon , 'a,mount ue upon 0 gágt1' 6rfffiè ' dateõfñfš't pû1>Ií;âtion of this 'riöti~~e being1he total sum of $245.685.33 ,which sum. consists of the unp~ipal balance of $238.791.55 plus in- terest accrued to the date of the first publication of this notice in the amount of $6.252.39, plus late charges in]he amount of $187.70. plus an escrow ' advance in the aInount of $144.59. plus other outstanding charges in the amount of $309.10. plus attorneys' fees"costs expended. and accruing interest and late charges after the date offrrst publication of this notice of sale; WHEREAS. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any pr0- spective purchaser should research the status of title before submitting a bid; NOW. THEREFORE Countrywide Home Loans. Inc.. as the Mortgagee. will have the Mortgage foreclosed as by law provided by causing the mort-' gaged property to be sold at public venue by the Sheriff Or Deputy Sheriff in and for Lincoln County. Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on September 26.2006 at the front door of the Lin- coln çounty Courthouse located at 925 Sage Avenue. Kemmerer. WY. Lin- coln Co~.mty. for application un the above-described amounts secured by the Mortgage. said mortgaged property being described as follows. to-wit: Lar 100. PLAT 6. STAR VALLEY RANCH. ACCORDING TO THAT PLAT OF RECORD -IN THE OFFICE OF LINCON COUNTY CLERK. LINCOLN COUNTY WYOMING. with an address of 35 White Pine Drive, Thayne. WY 83127 Together with all improvements thereon situate and all fixtures and appur- tenances thereto. Countrywide Home Loans. Inc. , By: Danette Baldacci Castle, Meinhold, & Stawiarski Legal Services.LLC 330 Walsh Drive. Ste. 202 CCasper. WY 82605-1213 3073335379 August 24-31, 2006. September 7-14.2006 0824B i¡;i~~iilltu: Kemmerer Wyoming , STATE OF WYOMING ) 55. 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 published in said newspaper for bttO-<-insertions, the first publication having been made on the 2~day of lk¿¡t¿J;I A.D., 20.....12..k:L, and the last publication on the I~ day of ~.,a/õ,/nó£A-. A.D., 20 0& ; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, and not lß a supplement. ~~ Michae ensen, Publisher Subscribed in my presence and sworn to befor,e. me on this /ft:J,. day of ~~ða<- A.D.,20~. ;ltw~v It! &/ 000085 l)~~~8;¿Z EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) COUNTY OF NATRONA Danette Baldacci, 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 CMS Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That CMS Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,290.75 as compensation for services actually rendered in the foreclosure proceeding. .. Attorney Fees (Foreclosure) Title Commitment Bankruptcy Searches Postage Photocopies Tax Certificate CourierlExpress MaiVCertified Mail Publication Costs Recording Fee Conduá Sale Record Certificate of Sale Record Assn of Cart of Sale Record Sheri's Deed Sheriffs Fee (sale) Sheriffs Fee (costs) 700.00 823.00 20.00 46.40 20.55 25.00 115.00 414.80 8.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,290.75 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 CMS Legal Services, LLC. 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: Danette Sal acci CMS Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY -00008-2609 3073335379 SUbscribed~sence and sworn to before me by Danette Baldacci this 2..Ldayof ' ,2006. Witness my hand and official se I. My Commission Expires: 2-1 ~~l <.) COSPkg.doc "UBLlC LYNN NEUBERGER STATE OF WYOMING COUNTY OF NATRONA Commission ,,;.., .. 13 2010 ~~:::::::~::~¡:*; Certificate of Sale McLauhlin 06-11028 Page 7 of 8