Loading...
HomeMy WebLinkAbout927920 u ::J Èbi. "B '§ "Eo o ;.., (.) :;". >.. ~~ï:: ~oo .- ;t >-. '1) e '" .0 .Y '" 0 ... -- U) =:1 ..... p~ 0 g "t.CI 0, r; § :: t) Q) ct; ()';:J "C .- "'~ .... ( j z=] .:( uuUq~7 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) <--%lfZ~~t6¿¡cÁ 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 VVyoming, 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 August 4, 2003, executed and delivered by Shahrokh Ghahreman Pour to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, FSB, dba First Bank of The Tetons and (b) that certain mortgage dated August 4, 2003 (the IMortQage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 5, 2004, at Reception No. 901710 in Book 564 at Page 00133 , 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 39 IN STAR VALLEY RANCH PLAT 13, LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, with an address of 37 Ridge Crest Drive Thayne, WY 83127 Together with all improvements thereon situat~ and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: September 15, 2006 Assignment recorded: September 20, 2006 Assignment recording information: at Reception No, 922635 in Book 634 at Page 313 Assignee: Federal National Mortgage Association Assignment dated: November 15, 2006 Assignment recorded: November 29, 2006 Assignment recording information: at Reception No, 924879 in Book 641 at Page 648 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, Federal National Mortgage Association ("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, COSPkg Certificate of Sale Pour 05-05885 Page 1 of 7 RECEIVED 3/27/2007 at 4:24 PM RECEIVING # 927920 BOOK: 652 PAGE: 487 JEANNE WAGNER LINCOLN COUNTY CLERII" II"!::I~MERER, WY O~279Z0 000488 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 March 1, 2007 issue of said newspaper and ending with the March 22, 2007 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 p. 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 March 27, 2007 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 $210,248.34 ("Bid Sum"), which was bid and offered by Federal National Mortgage Association ("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 $1,686.90 is to be paid tp Castle, Meinhold, & Stawiarski 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 March 27, 2007, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time, DATED at c4- day of \~ ,\xÖ ) Kemmerer, Lincoln County, State of Wyoming, this ,2007. ~d 2;ri. Sheriff in and for Lincoln County, State of Wyoming BY:d:h~:ð.J- Prin ame: ¿};f/A ¡J SJ'~, t~J.... Title: ~41-t; go: /þ I' , COSPkg Certificate of Sale Pour 05-05885 Page 2 of 7 0327920 t 000489 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instru acknowledged before me by Deputy Sheriff of Lincoln Coun ~)f'h 2007. Witness my hand and o~t ' I seal. .. I' ( {' ¡"'-pi 'Jû 7\- N ta~ P .... lie My Commission Expires:,~' l?y \0 LR (f-:";"'i'...t''"I' ''''''''''';J'..~.".f' ..(¡I.oo;ÇL4I~","~.. j".' .. ur'æ;;[Yf(f~,;~~.~...¡~,R 'Pt::ilG co ·rli)· 0< ¡f -, >', .-.~ · ,,, ¡ {:,;........' '" ~"'Al! 0< '(' . {: :,~~.: >': ~::.~-F .. I &.. ,lIfI:_OcN ~iJ.;:,,·;,,·:j7 \'tlGM;r~3 J ·'-:.;~:··:i'~~· ~. My C~rnmi,;:~n Ex,·ì,:,;~.2.:-13:..& 'i."þ''''''-I.' h..tP.' ~t~. ·s~:..~, ,';j'''~''''u-:''....o''cP~.,.I;~ COSPkg Certificate of Sale Pour 05-05885 Page 3 of 7 000490 0927920 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated August 4,2003 (the "Mortaaae"), and recorded on August 5,2004, at Reception No, 901710 in Book 564 at Page 00133 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 Shahrokh Ghahreman Pour (UMortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, FSB, dba First Bank of The Tetons is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: September 15, 2006 Assignment recorded: September 20,2006 Assignment recording information: at Reception No. 922635 in Book 634 at Page 313 Assignee: Federal National Mortgage Association Assignment dated: November 15, 2006 Assignment recorded: November 29, 2006 Assignment recording information: at Reception No, 924879 in Book 641 at Page 648 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, ef 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: 71786575345000000026 CERTIFIED MAIL NO. FSN:71786575345000001917 Shahrokh Ghahreman Pour 37 Ridge Crest Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000000033 CERTIFIED MAIL NO. FSN:71786575345000001924 Shahrokh Ghahreman Pour PO Box 12707 Jackson, WY 83002 COSPkg Certificate of Sale Pour 05-05885 Page 4 of 7 03Z7 ZO 9 000491 CERTIFIED MAIL NO. NOI: 71786575345000000040 CERTIFIED MAIL NO. FSN:71786575345000001931 Federal National Mortgage Association 7105 Corporate Dr., PTX B-35 PIano, TX 75024 CERTIFIED MAIL NO. NOI: 71786575345000000057 CERTIFIED MAIL NO. FSN:71786575345000001948 Occupant 37 Ridge Crest Drive Thayne, WY 83127 3, That the date of mailing of the notice of intent to foreclose the Mortgage was February 14, 2007 and the date of the first publication of the notice of foreclosure sale was March 1, 2007, FURTHER AFFIANT SA YETH NAUGHT. tidAD~ By: D nette Baldacci CasUe, Meinhold, & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 . ~ubscribed i~~y., pre/sence and sworn to before me by Danette Baldaccl this 2:!:J. day of ~, 2 . Witness my hand and My Commission Expires: Nota 2_{_3-l~ 1'~)~;:';"~J;'i"~¡ ~~~?~'~~"":¡:~~?;'1!1~~~::~1 ;.,.~~_I _..~. ',; i'. ':I~' iiVV(,MING ~. r,JH;h~! ì or NJ\'fHONA ~. ;,,,,,,r¡,k;.;;,:.,¡ :-,'",.,;.. :',,¡_ '''1 2:·R '10 ' ·'''',c":"",,,,,..., ,."'¡'i.:";;:;:.,,,;,;,.,kÞ~Û2J COSPkg Certificate of Sale Pour 05-05885 Page 5 of7 0927920 EXHIBIT B 000492 PUBLISHER'S AFFIDAVIT ¡ I KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Kermnerer '(¡Jyarning .. STATE OF UNCOJJt WYOMING MY COMMISSION EXPIRES 1/31/09 STATE OF V¡YOML~G ) ~ S ""L. . Count)' of Lincoln . " FORECLOSURE SALE NOTICE , W1roREAS, defau~t in the payment of principal and interest has occurred under the tenns of a promissory note (the "Note") dated August 4, 2003, executed and delivered by Shahrokh Ghahreman Pour ("Mortgagor(s)") tQ Mortgagç Electronic Registration Systems, Inc" as nominee for First Bank of Idaho, FSB, dba First Bank of The Tetons, and a real estate mortgage (the "Mortgage') of the same date securing the Note, whic!) Mortgage was ex- ecuted and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on August 5, 20P4, . at Reception No, 901710 in Book 564 at Page 00133 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 , WHEREAS; the mortgage was assigned for value as' follows: Assignee: Mortgage Electronic Registration Systems, Inc. : Assignmentdated: September 15,2006 , Assignment recorded: September 20, 2006 .' , : Assignment recording infonnation: at Reception No. 922635 in Book 634 tit Page 313 . ' · Assignee: Federal National Mortgage Association ¡ ~ssignment dated: November 15, 2006 , ( Assignment recorded: November 29,2006 . Assigillnent recording infonnation: at Reception No. 924879 in Book 641 at P¡¡ge 648 ' . All mthe records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. . , WHEREAS, the Mortgage contains a power of sale which by reason of said,pl<fault,the Mort'gagee declares to have become operative, and no suit or proc.;.e..e....~. 'ng has been instituted at law to, recov~r the debt .s.e~ur. ed by.~e ~ort- ¡gag~;ór¡lllly Part·thereof, nor has any such SUIt or procf\edmg been Instituted tà\1d\t;þ.e'samediscontinued; and . . ~ . ~~AS, written notice of intent to foreclose the Mortgage by adver- ~se~wn.t'andsale has been served. upon the record owner and !be party in "osi¡~ssion of the mortgaged premises at least ten (1 (»days prior to the com- ~enèement of this publication, and the amount due upon the Mortgage on the idateof first publication of this notice of sale being the total sum of $207,371.55 Fhi.çh:sum consists of the unpaid principal balance of $181,185,65 plus in- Jerest accrued to the date of the fIrst publication of this notice in the amount pf $21,028,68, plus late charges in the amount of $859.08, plus an escrow ~dvance in the am,ount of $4,890.65, less other outstanding cþarges in the í!iID0unt of $592.51, plus attorneys' fees, costs expended, and accruing inter- ht ánd late charges after the dat~ of fIrst publication of this noti~e of sale; ~ WHEREAS, The property bemg foreclosed upon may be subject to other ~ens and encumbrances that will not be extinguished at the sale. Any pro- ~pective purchaser should research the status of title before submitting a bid; ~ NOW, THEREFORE Federal National Mortgage Association, as the Mort- ~agee,will have the Mortgage foreclosed as by law provided by causing the ptortgaged property to be sold at, public venue by the Sheriff or Deputy Sher- ~ff in and for Lincoln çounty, Wyoming to the highest bidder for cash at ~10:ooo'clock in the forenoon on March 27, 2007 at the front door of the µncoln County Courthouse loèated at 925 Sage Avenue; Kemmerer, WY, ~incoln County, for application on the above-described amounts secured by . fhe Mòrtgage, said mortgaged property being described as follows, to-wit: ¡; LOT 39 IN STAR VALLEY RANCH PLAT 13; LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL.PLATTHEREOF. ) with an addressof37 Ridge ÇrestDrive, Thaynç, WY 83127 ~ 1'pgether wi!b allimprovemtmts thereon situate and all fixtures and appur- ~enlUlces\thereto.· ~ Federal National Mortgage Association ~. By: Dapette Baldacci' '., . ~..·qas.tl.,.e. '·'.Meinh.. old, & Stawiarski Lega.1Services, LLC , ~ I 330 Walsh Drive; Ste. 202 k.'. .... î~tj~~;~26Q9-oo00' Ll\1'êh't8, 15,22 030lB II' .. : ; ;i ¡¡ï't.' '. ~; ,,' -' , " " vv.::>t'I'i.!: I, Michael Jensen, do solemnly swear that I am the publisher of the I<:emmercr Gazette, a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, ':Vyoming; that the notice attached hereto, and which IS part of the affidavit, was published in said newspaper for~lserions. the first publication having been ma.Je on tre / sT day of M t:U .C--Á-. AD., 20 D7, and the last publication on the 221\-c!.day of /11 cu. c Á- AD., 20 <:9 7; that said notice was published in a regular and entin issue of the paper(s) in which it was publi ~hed; and that said notice was publisher! 111 tl- e newspaper proper, and no 1 111 it supplement. nsen, Publisher Subscribed in my presence and sV/orn to before me on f}1 cu. C;Z. this 7i..- 2'7 day (If AD., 2(161'/. ~~ I2u r£¡ (.;ertltlcate ot ~ale Pour 05-05885 Page 6 of 7 O~279~G EXHIBIT C AFFIDAVIT OF ATTORNEY 000493 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 Castle, Meinhold, & Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, & Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,686.90 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Bankruptcy Searches Postage Photocopies Courier/Express Mail/Certified Mail CMS Courier Publication Costs Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs WY Courier - Sale Pkg. WY Courier - Deed to Title Co. WY Courier - Deed to CMS 200.00 725.00 20.00 38.95 25.55 69.00 23.00 435.20 50.00 26.00 11.00 10.00 10.00 14.40 14.40 14.40 Total 1,686.90 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 Castle, Meinhold, & Stawiarski 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. SA ÝETH NAUGHT. " - ttL / ifJðløß By>Qanette Baldacci Castl~, Meinhold, & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 . Casper, WY 82609-0000 3073335379 Subscribed in my presence and sworn to before me by Danette Baldacci this Z_~ day of Yf\0'l~ ,2007, A Nota blic My Commission Expires: 2......) J-I 0 COSPkg {~·~~~;'~~~~'~'~"~~~'~~"~,;:,!~,~~'~:.:~ì~;~·f7,:~~~~:..._~! ~!\ L\,','·:': OUUEHGERJ <¡ (I: :V(OiiI1!NG ii , ; ¡' U/ W\THONA ~ r..~y..Gor~~fn¡!S;:, i(JF' r~~\fn.;~·-">.rrhJ:], ?q.1.9~ ..q;:~~'If"....,...kc·."~"..·tJ"':~;~"':;'~·¡"~::i::'("",ð;'r;J:.!;.a~fI.~ Certificate of Sale Pour 05-05885 Page 7 of 7