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HomeMy WebLinkAbout922823 ~ >. . .z:¡ÞO "0.:: (,) E "Eo 0>. g~.i- bOb § .s ~ >. ..8eB '" u ... .._ (I) ::s ....~ 0 ¡::"'O u S ¡:: c:I ::1 ~ ::i (,) GJ 0-= "0 .- ",f-< .- GJ t=g .~ ~ fm~J.imm~~~~~¡ ¿~r:~S6 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN of lawful age, being first duly sworn 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 September 1, 2005, executed and delivered by Daniel John Brokens and Karie Ann' Brokens to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Decision One Mortgage Company, LLC and (b) that certain mortgage dated September 1, 2005 (the "MortQaae"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 6, 2005, at Reception No. 911586 in Book 596 at Page 714 , 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: PART OF SECTION 9, T31 N R119W OF THE 6TH P.M., LlNDOLN COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING N 16°15' W, 1386 FEET FROM THE SOUTH QUARTER CORNER OF SAID SCETION 9; THENCE S 89°45' W, 217 FEET; THENCE N 0°15' W, 208.5 FEET; THENCE N 89°45' E, 182 FEET; THENCE SOUTHERLY ALONG THE CENTERLINE OF THE CROW CREEK COUNTY ROAD NO. 12-141 TO THE POINT OF BEGINNING. with an address of 2926 Crowcreek Road Fairview, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of New York as Trustee for the Certificateholders CWABS II, Inc. LFT 2005-03 Assignment dated: July 25, 2006 Assignment recorded: August 2,2006 Assignment recording information: at Reception No. 920895 in Book 628 at Page 717 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 Mor:tgage, 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 CWABS II, Inc. LFT 2005-03 ("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 06-08454 Brokens COSPkg.doc Certificate of Sale okens 06-08454 Page 1 of 8 RECEIVED 9/26/2006 at 4:17 PM RECEIVING # 922823 BOOK: 635 PAGE: 86 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY HSZ~8Z:J 000087 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 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 if) 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 $127,283.01 ("Bid Sum"), which was bid and offered by Bank of New York as Trustee for the Certificateholders CWABS II, Inc. LFT 2005-03 ("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 $2,042.98 is to be paid to CMS Legal 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. 06-08454 Brokens COSPkg.doc Certificate of Sale Brokens 06-08454 Page 2 of 8 !~!:!::;:~: .~::::i:i :)!¡~;;~~m~~;!f~: -: U92282:i 000088 -I~ DA ED at Kemmerer, Lincoln County, State of Wyoming, this db day of ~ m h~r ,2006. ¿ .( ') . ~rdn e>/" Sheriff in and for Lincoln County, State of Wyoming Bv:I{)ä~ ./ ~ Print Name:A/¡¡hC4 Ìo'\:::T - f) e' c:.... Title~rS' s2c..", 1- ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) , . COUNTY OF LINCOLN The foregoing ins~r me t . acknowledged before me b R;p.y!y^ .t~~~ff of Lincoln Co ty, State of Wyoming, ~,2006. Witness my hand and official seal. ~ ,(Y). .-- Notary Publíc My Commission Expires: presence and , day of M'· ~ I-ILFV - NOTARY PU8UC ."'~ StIR of . Wvoming M. ASHLEY . NOTARY PU8UC County 01 1.., s.. of UncaIn . Wyoming Corn-III'~Dec. 4, 2007 r.1 ! '-\f"'I"7 '....-.. . ·0 _'",_. __.. .._._ p"" __ 06-08454 Brokens COSPkg.doc Certificate of Sale Brokens 06-08454 Page 3 of 8 L)9~~823 000089 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING COUNTY OF NA TRONA ) ) SS ) 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 September 1, 2005 (the IMortQaQe"), and recorded on September 6, 2005, at Reception No. 9115,86 in Book 596 at Page 714 in the records of the office of the County Clerk arid ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Daniel John Brokens and Karie Ann Brokens ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Decision One Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of New York as Trustee for the Certificateholders CWABS II, Inc. LFT 2005-03 Assignment dated: July 25, 2006 Assignment recorded: August 2,2006 Assignment recording information: at Reception No. 920895 in Book 628 at Page 717 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, at saq. (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 publi~hed, as follows: ' CERTIFIED MAIL NO. NOI:71 054522644000002749 CERTIFIED MAIL NO. FSN:71054522644000003739 Daniel John Brokens 2926 Crowcreek Road Fairview, WY 83118 CERTIFIED MAIL NO. NOI:71054522644000002763 CERTIFIED MAIL NO. FSN:71054522644000003753 Daniel John Brolœns PO Box 571 Afton, WY 8311 0 CERTIFIED MAIL NO. NOI:71 054522644000002770 CERTIFIED MAIL NO. FSN:71054522644000003760 Karie Ann Brokens 2926 Crowcreek Road Fairview, WY 83118 06-08454 Brokens COSPkg.doc 1j'.!;d"r:¡:"""::J~1J, ~"'""., "'''', i:~2~~~iJL~'" CERTIFIED MAIL NO. NOI:71054522644000002756 CERTIFIED MAIL NO. FSN:71054522644000003746 Daniel John Brokens 2926 Crowcreek County Road 141 Fairview, WY 83118 CERTIFIED MAIL NO. NOI:7006081 0000265819333 CERTIFIED MAIL NO. FSN:70060810000265819685 Bank: of New York as Trustee for the Certificateholders CWABS II, Inc. LFT 2005-03 7105 Corporate Dr., PTX B-35 PIano, TX 75024 CERTIFIED MAIL NO. N0I:71054522644000002787 CERTIFIED MAIL NO. FSN:71054522644000003777 Karle Ann Brokens 2926 Crowcreek County Road 141 Fairview, WY 83118 Certificate of Sale Brokens 06-08454 Page 4 of 8 ~ilim~~¡J U9~~8Z3 CERTIFIED MAIL NO. NOI:71054522644000002794 CERTIFIED MAIL NO. FSN:71054522644000003784 !Carie Ann Brokcns PO Box 571 Afton, WY 83110 CERTIFIED MAIL NO. NOI:70060810000265819821 CERTIFIED MAIL NO. FSN:70060810000265819708 Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Intervale Mortgage Corporation PO Box 2026 Flint, MI 48501-2026 CERTIFIED MAIL NO. NOI:71054522644000002824 CERTIFIED MAIL NO. FSN:71054522644000003807 HSBC Mortgage Services, Inc. 636 Grand Regency Blvd Brandon, FL 33510 :]Im~~~~1;!¡~¡;; 000090 CERTIFIED MAIL NO. NOI:71054522644000002800 CERTIFIED MAIL NO. FSN:7006081000026581%92 Decision One Mortgage Company, LLC Servicing Agent for Intervale Mortgage Corporation 6060 J.A. Jones Drive, Suite 800 Charlotte, NC 28287 CERTIFIED MAIL NO. NOI:7I 0545226440000028 I 7 CERTIFIED MAIL NO. FSN:7I054522644000003791 Occupant 2926 Crowcreek Road Fairview, WY 83118 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 10, 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 Baldacci 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 official s I. My Commission Expires: 2':"'1 ~-t 0 06-08454 Brokens COSPkg.doc Certificate of Sale Brokens 06-08454 Page 5 of 8 UJ""'I'""'......-~ ;;*;~~t:::~:::; ,:¡'::r~::o:...~..,, KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ROXANNE RUDY - NOTARY PUBLIC COUNTY OF a STATE OF UNCOlN _ VVYOMING MY COMMISSION EXPIRES 1/31/03 -;~- <-:-:--m:--~ ".- ,-,',- }'":.:7;; .,;h¡ u¡i; ;-"'F()RÊctbSúRESÅLENOTltE:':"~ n: ,.: ""WIffitŒAs, dèrÌt:UJt inthé paym~t of Pnncipal and interest has.occfured. tihdèr 'the terms~f'àprOdJissòry note (the UNote") dated September' I, 2005, executed and i deliYeréd by DanieI.Jotlli ÍJtokehs and Karle 'Ann: Broken~ ' (uM,oqgagor(s X') to, ,Mortgage, Electronic Registr'atiøn SYStems, Inc.actúìg. solely U. anomin~e for Decision One Mortgage Company,LLC,:anda reat.. estate'rDortgage(the ''Mdrtgage'') of the samedates~uringtheNote, whith. Mortgage waS executed and delivered by said' Mortgagor(s)" to said Mort. . gagee;and·which·Mor;tgage was recorded on Seprember6, 2005, at R:ecep~ . tion No~ 90.58,6 inB<><;>k 596 at Page 714 in'the records of theoftÏce of the: County Clerk and ex-officioRegister of Deeds in and for Lincoln County; State ofW'yoining: and . " - , '" WHEREAS, the mortgage wás assigned for value as follows: .. ,Assignee: Bank of New York as Trustèe for the Certificateholders CWABS n"Inc. LFr 2005-03 , _ Assignment dated: July 25, 2006 Assignment recordeð:August 2, 2006 Assignment recording infonnation: at Reception No. 920895 in Book 628 at Page 717 ' All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. , WHEREAS, the Mortgàge contains a Power of sale which by reason of said default, the Mortgagee'declares to have become operative, and no suit ot 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 Sàme discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by adver-: tisement àn<Í sale has been served upon the record owner and the party ÏIi possession of the mortgaged prelnises at least ten (10) days prior to the com- ". mencement of this publication, and the amount due upon the Mortgage on th~ ; date of first publication of this notice of sale being the total sum of $124, 133.25~' which sum consists of the unpaid principal balance of $1l'8,187 .21 plus in~ .;,~ terest accrued to the date of the first publication of this notice in the amount."': of $4,590.46, plus late charges in the amount of $75.74, plus ail escrow ád-.:;' vance in the àmount of $1,217 .58. plus other outstanding charges in thè amou~;.r: of $62.26, plus attorneys' fees, costs expended, and accruing interest and late.::" charges after the date of first 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 prospective purchaser should research the status of title befóre submitting a' '. bid;",.:;: NOW, THEREFORE Bank of New York as Trustee fortM:"'; Certificateholders CWABS n, Inc. LFr 2005-03, as the Mortgagee, will have':: the Mortgage foreclosed as by law provided by causing the mortgaged prop~ ...; erty 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 Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: PART OF SECTION 9, T31N R1l9W OF TIlE 6TH P.M., LINCOLN COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING N 16°15' W, 1386 FEET FROM TIlE SOUTH QUARTER CORNER OFSAID SCETION 9; TIlENCE S 89"45' W, 217 FEET; TIlENCE ·N 0"15' W, 208.5 FEET; TIlENŒ N 89"45' E, 182 FEET; TIIENCE SOUTH- ERLY ALONG THE'CI!ÑtÊRL'1NFOfõTHECROW CREEié-coUNTY' !ftØ=ii!¡:i'::h: ROAD'Ne;-12-141 ffi-TIffi,POINT OFBE6fNNING. -. _ ~:M¡¡¡¡¡¡::::': ' with an address of 2926 Crowcreek Road, Fairview, WY 83118 ;:¡~:¡¡:::¡~:::':; Together with all improvements thereon situate and all fixtures and appur- ~::¡:¡;::::::::: tenances thereto. \¡¡:¡;;:;:::; Bank of New York as Trustee for the Certificateholders CWABS n, Inc. ~::¡::::::;;r', LFf 2005-93 ;::!:¡:;:¡:;:t, By: Danette Baldacci :~:;¡;:¡:~¡¡~;.. Castle, Meinhold, & Stawiarski Legal Services, LLQ "i:¡;:¡:¡:¡::;:;:' 330 Walsh Drive, Ste. 202 :¡;::¡:¡:¡¡::¡i:. Casper, WY 82605-1213 ::::::~¡::::::; 3073335379 :::¡¡::~¡~:¡::, œ24Ai¡1 :: ::::~:::::::::::':' :;';:;:;:;:::::::: ~ :::; :::; :;:;:::;;:: Auust 24-31 September 7,14,2006 ';,,>~':, , ' ';.;...; . t;<;f·~':;tg·~~~_"'·~\f . .. ",','.' '¡., .',',' ! I":" ..-,...... C'.' I, ,....... ......-.... ,.... ...... ,'...... :)" ,., ," ;- o! o~ _..... ". ~. ~ . >! . 00' ~Y:j:~¡@@rl 009j"Kemmerer WYomin~ STATE OF WYOMING ) 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 published in said newspaper for ~ insertions, the first publication having been made on the 2 LfÓ' day of 44 r¡uJI- A.D., 20-":L, and the last publication on the I tJå- day of ~ M-<. . A.D., 20 0'.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 In a supplement. Î Publisher Subscribed in my presence and sworn to _L(1- day of A.D.,20-º0-. before me on thi s -sP,ð~~ ,zW4tN' /2(( d.¡ " U92~823 000092 EXHIBIT C AFFIDAVIT OF ATTORNEY 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 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 $2,042.98 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Bankruptcy Searches Postage Photocopies Courier/Express MaiVCerti1ied Mail RECORDING FEE Publication Conduct Sale Record Certificate of Sale Record Sheriff's Deed Sheriffs Fee (sale) Sheriffs Fee (costs) 650.00 578.00 20.00 102.08 23.70 115.00 8.00 439.20 50.00 26.00 11.00 10.00 10.00 Total $2,042.98 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 Wyo~inQ and residing therein. FURTHER AFFIANT SA YETH NAUGHT. 1fUuvitL ~ By: Danette Baldacci 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~dayof ~Q7"'v- ,2006. Witness my hand and official s My Commission Expires: 2-IS-l u 06-08454 Brokens COSPkg.doc PUBLIC l YNN NEUBERGER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Feb 13 2010 Certificate of Sale Brokens 06-08454 Page 7 of 8 %~~ilim~m~~i'.!