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Home My WebLink About932549 ~, 6010715527 . 000221 STATE OF WYOMING CERTIFICATE OF SALE RECEIVED 8/28/2007 at 1Î:5q AM RECEIVING # 932549 BOOK: 670 PAGE: 2Z1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Shane Johnson. Sheriff of lawful age, being first duly sworn upon his oath, states and certifies as follows: ) ) SS ) COUNTY OF LINCOLN 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 June 24, 2005, executed and delivered by John D. Nelson to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation and (b) that certain mortgage dated June 24, 2005 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgsgee, and was recorded on June 28, 2005, at Reception No. 909571 in Book 589 at Page 579 , 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: A PORTION OF LOT 2 OF SECTION 19, T34N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING r(lORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE SOUTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE EAST 225 FEET; THENCE NORTH 150 FEET; THENCE WEST 225 FEET; THENCE SOUTH 150 FEET TO THE POINT OF BEGINNING 4 L.j oJ with an address of 1531 Thayne Bedford County Road 122 Thayne, WY 83127-0000 Together with all improvements thereon situate and all fixtures and appurtenances thereto. . 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, GMAC Mortgage, LLC ("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 2, 2007 issue of said newspaper and ending with the August 23, 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 hereol 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 COSPkg Certificate of Sale 07-12305 Page 1 of 7 . 000222 notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit 8 and by this reference n'lade a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On August 28, 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 propertý; and that the highest and best sum bid for said real property was the sum of $ 154.666.10 ("Bid Sum"), which was bid and offered by GMAC Mortgage, LLC ("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 $1,887.06 is to be paid to Castle, Meinhold, & Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered ¿n 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 August 28, 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 28 day of August ,2007. . Shane Johnson, by Cliff Boyd, Deputy Sheriff Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: Deputy Sheriff . COSPkg Certificate of Sale 07-12305 Page 2 of 7 . ()00223 ACKNOWLEDGMENT · STATE OF WYOMING COUNTY OF LINCOLN ) ) ss ) The foregoing instrument wa_ subsc ibed in my presencê and acknowledged before me by C ~~IA,Ç~eriff of Lincoln County, State of oming, this' day of 2007. Witness my hand and official seal. 0ðJ~N\D--~, +\Ctk.l2w2- Notary Public My Commission Expires: SAVANNA L. HAWKES': NOTARY PUBLIC · . · . COSPkg · Certificate of Sale 07-12305 Page 3 of 7 EXHIBIT A 000224 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 Castle, Meinhold, & Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 24, 2005 (the "MortQaQe"), and recorded on June 28, 2005, at Reception No. 909571 in Book 589 at Page 579 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 John D. Nelson ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation is the named mortQagee; 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 ~nown 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: 71786575345000003294 CERTIFIED MAIL NO, FSN: 71786575345000005397 John D, Nelson 1531 Thayne Bedford County Road 122 Thayne, WY 83127-0000 CERTIFIED MAIL NO. NOI: 71786575345000003300 CERTIFIED MAIL NO. FSN: 71786575345000005403 John D. Nelson P,O, Box 1461 Afton, WY 8311 0 CERTIFIED MAIL NO. NOI: 71786575345000003317 CERTIFIED MAIL NO_ FSN: 71786575345000005410 GMAC Mortgage, LLC . 500 Enterprise Road, Suite 150, PO Box 0969 Horsham, P A 19044-0969 CERTIFIED MAIL NO_ NOI: 71786575345000003324 CERTIFIED MAIL NO_ FSN: 71786575345000005427 Occupant 1531 Thayne Bedford County Road 122 Thayne, WY 83127-0000 CERTIFIED MAIL NO, NOI: 71786575345000003331 CERTIFIED MAIL NO_ FSN: 71786575345000005424 GMAC Mortgage, LLC 100 Witmer Road Horsham, PA 19044-0963 . 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 13, 2007 and the date of the first publication of the notice of foreclosure sale was August 2, 2007. COSPkg Certificate of Sale 07-12305 Page 4 of7 . FURTHER AFFIANT SA YETH NAUGHT. 000225 ~Id~ 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 Dånette Baldacci this 2'''L day of ~ ' 2007. W~ness my hand and OffiCi~l. ~/ Nota ublic ' ........_".""...."'"....-,.,..-- . WHI\RY PUBLIC LYNN NEUBERGER Sli\TE or- WYOMING COUNTY OF NATRONA M Cornmissiol).f>:nJre!! r-~\.J..13 .2010 ~.-..r~.iJ.i:~ ~ My Commission Expires: ,::2 - \ -:)-, 0 · . · . COSPkg Certificate of Sale 07-12305 Page 5 of 7 · , EXHIBIT C 000226 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, L~C, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,887.06 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication Costs Conduct Sale Record Cert, of Sale Record Assn of Cert, of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600.00 646,00 101,26 25,00 396,80 50.00 26.00 11_00 11,00 10_00 10,00 ,Total - $1,887,06 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. y: Danette Baldacci C tie, 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 d,.""'\ day of ~r+- 2007. Witness my hand and OffiCi~~ ...~--=~ ' Nota Public My Commission Expires: .:) -I ~ - I 0 COSPkg I-~~"- \:~'~ór't'-:'''''.t!..'''-'':'!'''-"l~''":'~:'~'''1'':~~ ~ L :.~~~~L~U:~~ 1\ "IMb.OFWYOMfNG . , '~OUNrY OF NATHONA &"'~~Wi~P"'l.F"f.!irg~; Feh 13, 2010 .......--'~£.,,~Erai:t"ü¡¡¡~. Certificate of Sale 07-12305 Page 7 of 7 -- EXHIBIT B PUBLISHER'S AFFIDAVIT 000227 [Note to Agent: Type EXHIBIT ¡3 at the top of the original Publisher's Affidavit and notice of foreclosure sale and insert here in place of this page.] KEMMERER GAZETTE KerrunererVVyorrrtng STATE OF WYOMING ) ss. County of Lincoln AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming "'J,u'.' "·jøRJE¢ßÐsURE SALE NOTICE ~ "WHEREAS,def~ult,in:thepaymènt of principal and interest has occurred. .; tJn~er theJerms, ~fa promiss0o/ l1?te (the "Note") dated June 24, 2005, e~::· ~. ~cuted and, delivered by' John D.Ne~son ("Mortgagor(s)") to Mortgage Elec- ~ tronic Registration Systems, Inc..as~ominee for GMAC Mortgage Corpora.-: tion, and a real eståie mortgage (the\~'Mortgage") of the same date securi~ the Note, which Mortgagewas execµtedand delivered by said Mortgagor(s¡; ~~ '.. to said Mortgagee, ándwhichMoI1g!lgew~s recordedon)une 28, 2005, ~~ Reception No. 909571 in Book 589 at Page 579 in the recprds o~ the office p~ the COUl1ty,Clerk and ex-officio Regi¡¡ter o~Deeds in and for Lincoln CountY;~·~ State of Wyoming; and', . . -. WHEREAS, the Mqrtgage con~s a power of sale which by reason of~ . said default, the Mortgagee declarel!to have become operative, an~ no suit or", : proceeding, has been institutedatl.!1""to recqYer~e,'d~btl!ecµred by~e M9t.t~ < gage. or any part thereof" 1191' has ßl1Yisuch suitor proceeding been institÌ1t~ : and the same discontinued;arid'~} ..,', , ' .,'- · WHEREA.~,writtennoti¡;eofilltent to foreclose the Mortgage by adve}:: ~ ti!!elI1enF ,aÍ1dsale has beenserve~:tJPon the.repordowner ~d,the party ~~ posse!¡s1bu,. of the mortgaged preffi1!!es at least teQ (19),dayspn,pr to the c01I\- .~ mencement of this publication, andthe amount d~e;»pÞntþc;MPftgag" pn the . date of first pllblicationof this noticøPt sale beiiIgtli~}pW ~iim~;f~ 151;154.2J. : which sum ponsistsof the.µnpaid'pfÌI1cipal bal¡µ1ce 9t"t $ 146,6W.64 plus in,- : ,teresfaccmed tothe~~.Qfthç,firstpublicationòf this notice in the amou)lt · 'of $3,875.17 ,plùs,latechÌU'geswthe amount'9f',$246;75, plu!! all"escro¥-, ; : ~dvance in the amount of$340.1.5,pb~s other oU~~~~f~~~~ ii1 tþelUIlouß.t : of$22.~0, plusattorneys·.fees,t;ostsexpended,l1;!1d.i~~~1'umg Jl.1t!,~~st:~d l~~e .~ charges after the date of first publicatj.on of thiSt1q1i~I:?f,sale¡';';:" ,," '.: WHEREAS, The property being fpreclosed'uponmaÿ.&t::l!uþjecftQ:pthèr ; liens and encumbrances that willl1pt 'be e~t4Iguished atth~s~¢¡\Any prq~ ~ spective purchaser shouldresearchì4e sta~s'oftitl" befores~bqùttmg a bid; · . ·.:NOW,THEREFOREGMAC Mortgage"LLC; as theM0rtgag~;~i1lhav~ à the Mortgage' foreclosed as by l~wprovided bycausingt4e:I1I:Þ!1gagedpro~- : erty to be.. sold at public venue by,the Sheriff' Of' Deputy' Sheriffjn 'and for · Lincoln Coul1ty,Wyoming to the highest.bidder fotcash at 10:00 o'clock tþ ~ , the forènQon on August 28, 2007 at'the front door of the. Lincoln County ~ Courthouse located at 925 Sage Avenue, Kenunerer, WY, Lincoln Countý, ; , for application on the above-described amounts. secured, by ~e Mortgag~, ,; said mortgaged property being described as foUows, to~wit: , , .,' APORTION OFLOT 20F SEC110N 19, T34N R1l8W,OF THE 6TH :. P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICUL~¥: . DESCRIBED AS FOLLOWS: BEGINNINP,AT APOll;IT WHICH IS1'Hß;: SOUTHWEST CORNER OF SAIDLOf 2AND RUNNING1'HENCE ÈA~~ ;; ,225 FEET; THENCE NORTH 150 FEET; THENCE WEST 225 ,FEEt; ': THENCE SOUTH 150 FEET TO THE POIN( OF BEGINNING· .:,;. with an address of1531 Thaynel3edfordCqunty Road 122, Thayne, WY ~ 83127.pQ00 ::'.::, . · . ... . ' '... . '., :i Together withalÌinlprovementsthereon situate and Iill fixtures and app~r-' ~ tenanCeS thereto. . , ",' ... .... '!. .~ .: GMAC Mortgage, ~LC :. i ~- . "". ...... . , , , .4* By: Danette Baldaec1",: Castle, Meinhold, & Stawiarski '. .',.,,':,..... .', '.;',.::.. I", 'I.? '.,'Legal Serv~Ce~.!-LÇ " 330'S;WalshDrive;~t~. 2(}2 :' C. asper, wy 82609-OÔOD .; 'I,:' .,' . . ":i,'".,;,. .., 3073~35319;;¡ Aug. 2,9, 16,23, " t1':"', ,. W802A.~~: 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 ~ day of úì~f A.D., 20A, and the ast publication on the d3 day of ßltf4+ A.D;, 20..f1.L; that said notice was published in a regular and entire issue of the paperCs) in which it was published; and that said notice was published In the newspaper proper, and not In a supplement. Subscribed in my presence and sworn to . ROXANNE RUDY· NOTARY PUBLIC OOUNiY OF STATE OF LINCOLN WYOMING W COMMISSION EXPIRES 1f31f09 before Ome ~ this l'~( f fJ/Øw Ær 1 JJL. day of A.D.,20£2L.