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6UU'129
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
COUNTY OF LINCOLN
Todd Smith 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 July 7, 2003, executed and delivered by Justin
Meeks to Long Beach Mortgage Company and (b) that certain mortgage dated
July 7,2003 (the "MortQaQe"), securing said note, which Mortgage was executed
and delivered by said mortgagor(s), to said mortgagee, and was recorded on July
18,2003, at Reception No. 891742 in Book 527 at Page 423 , 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 1 AND THE EASTERLY 15 FEET OF LOT 2, BEING THE
EASTERLY HALF OF LOT 2, OF BLOCK 21 OF THE TOWN OF
DIAMONDVILLE, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT THEREOF.
with an address of 31 Frontier Ave., Diamondville, WY 83116
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, as Trustee for Long Beach
Mortgage Loan Trust 2004-1
Assignment dated: December 2, 2005
Assignment recorded: December 9,2005
Assignment recording information: at Reception No. 914369 in Book 607 at Page
310
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, as Trustee for Long Beach Mortgage Loan Trust 2004-1 ("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
COSPkg RECEIVED 41412007 at 4:05 PM Certificate of Sale
RECEIVING # 928124 Meeks 07-01267
BOOK: 653 PAGE: 429 Page 1 of 7
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
O~281Z4
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the March 8, 2007 issue of said
newspaper and ending with the March 29, 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 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.
0004ao
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On April 3, 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
$ 37.501.00 ("Bid Sum"), which was bid and offered by
David Lundgren. 509 OnyX. Kemmerer. WY 83101
("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 $1,726.92 is to be paid to Castl9, 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 April 3, 2007, 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
3rd day of April ,2007.
Todd Smith
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
Title:
Depnty Sheri ff
COSPkg
Certificate of Sale
Meeks 07-01267
Page 2 of 7
O~281.2~
000431
ACKNOWLEDGMENT
STATE OF WYOMING
)
) ss
)
COUNTY OF LINCOLN
The foregoing instru
acknowledged before me by
lf0" fer. iff of Lincoln County,
A ,2007.
Witness my hand and official seal.
presence and
I
day of
..:~.,\
~ :' l.~ T !õ
..~¡ ~~~,l
'i..j. ,
RY PUBLIC
Stale of
WY'Jming
·1 ¿riO?
slpn
Coun'.
Linco/!
MyCü:.· ",'
M. ASHLEY . NO'rARY PUBLIC
CGunty of I.". State of
Uncoln '," Wyoming
Commission expw. Dec. 4, ~1
COSPkg
Certificate of Sale
Meeks 07-01267
Page 3 of 7
O~2812L\
000432
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 Castle, Meinhold, &
Stawiarski Legal Services, LLC, who are the attorneys representing the
Mortgagee in a procedure to foreclose a certain real estate mortgage dated July
7, 2003 (the "MortQage"), and recorded on July 18, 2003, at Reception No.
891742 in Book 527 at Page 423 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 Justin Meeks ("Mortgagor(s)"), the named mortgagor(s), and Long
Beach Mortgage Company is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2004-1
Assignment dated: December 2, 2005
Assignment recorded: December 9,2005
Assignment recording information: at Reception No. 914369 in Book 607 at Page
310
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 Mûrtgage 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:71786575345000031488
CERTIFIED MAIL NO. FSN:71786575345000004062
Justin Meeks
31 Frontier Ave
Diamondville, WY 83116
CERTIFIED MAIL NO. NOI:71786575345000031501
CERTIFIED MAIL NO. FSN:71786575345000004086
Teresa C. Meeks
31 Frontier Ave
Diamondville, WY 83116
CERTIFIED MAIL NO. NOI:71786575345000031525
CERTIFIED MAIL NO. FSN:717865753450000041 09
Deutsche Bank National Trust Co,
as Trustee for Long Beach Mtg
Loan Trust 2004-1
4828 Loop Central Drive
Houston, TX 77081
COSPkg
CERTIFIED MAIL NO. NOI:71786575345000031495
CERTIFIED MAIL NO. FSN:71786575345000004079
Justin Meeks
PO Box 561
Diamondville, WY 83116
CERTIFIED MAIL NO. NOI:71786575345000031518
CERTIFIED MAIL NO. FSN:71786575345000004093
Teresa C. Meeks
PO Box 561
Diamondville, WY 83116
CERTIFIED MAIL NO. NOI:71786575345000031532
CERTIFIED MAIL NO. FSN:71786575345000004116
Occupant
31 Frontier Ave
Diamondville, WY 83116
Certificate of Sale
Meeks 07-01267
Page 4 of 7
O~Z812lt
000433
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 23, 2007 and the date of the first publication of the
notice of foreclosure sale was March 9, 2007.
FURTHER AFFIANT SA YETH NAUGHT.
nette Baldacci
Cas ,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.3bL day of v(\V'\~ ,2007.
My Commission Expires: 2-/3- to
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COSPkg
Certificate of Sale
Meeks 07-01267
Page 5 of 7
O~281.2'1:
EXHIBIT B
00013,4
PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
Kemmerer vJyoming
..
AFFIDA VIT OF PUBLICA
Kemmerer Gazette
Kemmerer, Wyoming
ON
ROXANNE RUDY· NOTARY PUBLIC
COUNTY OF _ STATE OF
UNCOLN _ WYOMING
MY COMMISSION EXPIRES 1131109
FORECLOSURE SALE NOTICE
WHEREAS, defaùlt in the payment of principal and interest has occurred
under the terms Qf a promissory note (the "Note") date1d July 7,2003, ex-
ecuted and delivered by Justin Meeks ("Mortgagor( s )") to Long Beach Mort-
gage Company, and a real estate mortgage (the "MOItgage") of the same date
securing the Note, which Mortgage was exec1,1tedand delivered by said
Mortgagor(s), to said Mortgagee,.and which MOI;tgage was.recQrded on July
18,2003, at ReceptionNo. 891742 in Book 527 at Page 423 in the records of
the office of the County Clerk andex-officiQRegis~er of Deeds in. and for
Uncoln County, State of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
Assignee: DeutscÞ.e Bank NatiQnalTrust Company, 'as Trustee for Long
Beaèh Mortgage Loan Trust 2004-1
Assignment dated: D.ecember 2, 2005
Assignment recorded; December.9, 2005 ...'
Assignmentrecording information: at Reception No. 914369 in Book 607
at Page 310 . .," .,::, . .'. .
All in the records of the County Clerk and ex-officio Register of Deeds in
andfor:Lincoln COllnty, Wyoming. - -i' .
, . ',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, written notice of intent to foreclose the Mortgage by adver-
tisement and sale has been served upon ~e record oWJ}er and the party in
possession of the mortgaged premises at least ten (10) days prior to the com-
mencement of this publication,and the amount due upon the Mortgage on the
·date offust publication of this notice of sale being the total sum of $44,303.81
,which sum consists of the unpaid principal balance of $37,202.05 plus inter-
est accrued to the' date of the first publication of this notice in ~e amount of
$4,968.76, plus late charges in the amount of $225.40, plus an escrow ad.
vance in the amount of $1, 147.68, plus other outstanding charges in the amount
of $759.92, plus attorneys' fees, costs expended, and accruirig 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 prp-
spective, purchaser should research the status óf title before submitting a bid.
NOW, ifHEREFORE Deutscþe Bank National Trust Company, as Trustee
for Long Beach Mortgage Loan Trust 2004"i, 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 April 3, 2007 at th~ front door of the Lincoln County Court-
house located at 925 Sage Ave',lue, Kemmerer, WY, Lincoln County, for ap-
plication' on the above-described amounts secured by the Mortgage, said
mortgaged property being described as follows, to-wit:'
LOT lAND THE EASTERLY 15FEETOFLOT2,BEINGTHEEAST-
ERLY HALF OF LOT 2, OF BLOCK 21 OF THE TOWN OF
DIAMONDVllLE,LINCOLN COUNTY, WYOMING AS DESCRIBED ON
THE OFFICIAL PLAT THEREOF.
with an address of31 Frontier Ave., Diamondville, WY 83116 ~
Together with all improvements thereon situate and all fixtures and appur-
tenances thereto.
Deutsche Bank National Trust Company, as Trustee for Long Beach
Mortgage Loan Trust 2004-1
. By: Danette Baldacci
Castle, Meinhold, & Stawiarski Legal Services, LLC
. 330 Walsh Drive, Ste. 202
Casper, WY 82609-0000
307-333-5379
Publish: March 8-15- 22-29, 20070308
l.U~f"Kg
STATE OF WYOMING
) ~,s.
Count)' of Lincoln
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, \:fyoming;
that the notice attached hereto, and which
is part of the affidavit, was published in
said newspaper fOI~inser 'ions, the
first publication having been ma.Je on t~e
~ day of f)1/.'U r:¿
A.D., 20~, and the last puhlication on
the Z q 11- day of iJlâl [L
A.D., 20-122; 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 published III tre
newspaper proper, and nOI
III ¡¡
supplement.
nsen, Publisher
Subscribed in my presence and sV/orn to
this 31'cI ~ (If
A.D., 2(1~.
befor~1 . me on
}1,d,Ù~~
,
?~/ú~k~
Certificate of Sale
Meeks 07-01267
Page 6 of 7
'281....'·
O~ IS';. 'l:
000135
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 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 $1,726.92
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Bankruptcy Searches
Postage
Photocopies
Tax Certificate
Courier/Express Mail/Certified Mail
Title Update to 3/13/2007
Publication Costs
Conduct Sale
Record Cert. of Sale
Record Sheriff's Deed
Sheriff's Fee - Sale
Sheriff's Fee - Costs
WY Courier - Sale Pkg.
WY Courier - Deed to Title Co.
WY Courier - Deed to CMS
750.00
100.00
20.00
56.07
21.45
25.00
69.00
100.00
435.20
50.00
26.00
11.00
10.00
10.00
14.40
14.40
14.40
Total
$1,726.92
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.
FURTHER AFFIANT
By: Danette Baldacci
Castle, 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.3..sL day of--1íf\<.A.J-...... ,2007.
Witness my hand and o~ e I.
My Commission Expires:
Nota
2-13-10
COSPkg
Certificate of Sale
Meeks 07-01267
Page 7 of 7