HomeMy WebLinkAbout934811
CERTIFICATE OF SALE
STATE OF WYOMING
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000454
COUNTY OF LINCOLN
Shane Johnson 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 28, 2004, executed and delivered by Kathy
Pederson and Don Joerres to New Century Mortgage Corporation and (b) that
certain mortgage dated July 28, 2004 (the "MortQaQe"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on July 29, 2004 and re-Recorded on: August 12, 2004, at
Reception No. 901508 in Book 563 at Page 411 and re-Recorded at Reception
No. 901924 in Book 564 at Page 673 , 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 12 OF THE BEAR HOLLOW TWIN HOMES SUBDIVISION,
LINCOLN COUNTY WYOMING AS DESCRIBED ON tHE
OFFICIAL PLAT THEREOF FILED JUNE 20, 2000 AS
INSTRUMENT NO. 866585 OF THE RECORDS OF TH5.
LINCOLN COUNTY CLERK. "
with an address of 536 Kodiak Circle, Thayne, WY 83127
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 on behalf of the
Certificateholders of GS Mortgage Securities Corp. GSAA 2005-2
Assignment dated: September 19, 2005
Assignment recorded: October 5, 2005
Assignment recording information: at Reception No. 912524 in Book 600 at Page
438
Assignee: Deutsche Bank National Trust Company as Trustee for the Holders of
GSAA Home Equity Trust 2005-2, Asset Backed Certificates, Series 2005-2
Assignment dated: August 29, 2007
Assignment recorded: September 7,2007
Assignment recording information: at Reception No. 932945 in Book 671 at Page
535
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
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RECEIVED 11/13/2007 at 3:12 PM
RECEIVING # 934811
BOOK: 678 PAGE: 454
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Pederson 07-15396
Page 1 of 7
000455
Company as Trustee for the Holders of GSAA Home Equity Trust 2005-2, Asset
Backed Certificates, Series 2005-2 ("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 October 18, 2007 issue of said
newspaper and ending with the November 8, 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.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On November 13, 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
$191,555.91 ("Bid Sum"), which was bid and offered by Deutsche Bank
National Trust Company as Trustee for the Holders of GSAA Home Equity
Trust 2005-2, Asset Backed Certificates, Series 2005-2 ("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 $2,097.97 is to be paid to 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 November 13, 2007, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
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Certificate of Sale
Pederson 07-15396
Page 2 of7
13
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of November ,2007.
Shane Johnson
000456
Sheriff in and for Lincoln County, State
of Wyoming
By:
John P. Stetzenbach
Title: Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
COUNTY OF LINCOLN
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The foregoing instrument was subscribed in my
acknowledged before me by John P. Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this
November ,2007.
presence and
,
13 day of
My Commission Expires:
Witness my hand and official seal.
ðé\1sr~~;:j. ~a~4
Notary Public
- .
. SAVANNA L HAWKES - NOT n PUBL C
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Certificate of Sale
Pederson 07-15396
Page 30f7
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
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000457
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 July
28, 2004 (the "Mortqaqe"), and recorded on July 29, 2004 and re-Recorded on:
August 12, 2004, at Reception No. 901508 in Book 563 at Page 411 and re-
Recorded at Reception No. 901924 in Book 564 at Page 673 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 Kathy Pederson and Don Joerres
(UMortgagor(s)"), the named mortgagor(s), and New Century Mortgage
Corporation is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Deutsche Bank National Trust Company, as Trustee on behalf of the
Certificateholders of GS Mortgage Securities Corp. GSAA 2005-2
Assignment dated: September 19, 2005
Assignment recorded: October 5, 2005
Assignment recording information: at Reception No. 912524 in Book 600 at Page
438
Assignee: Deutsche Bank National Trust Company as Trustee for the Holders of
GSAA Home Equity Trust 2005-2, Asset Backed Certificates, Series 2005-2
Assignment dated: August 29, 2007
Assignment recorded: September 7,2007
Assignment recording information: at Reception No. 932945 in Book 671 at Page
535
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: 71786575345000021373
CERTIFIED MAIL NO. FSN: 71786575345000024466
Kathy Pederson
536 Kodiak Circle
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000021380
CERTIFIED MAIL NO. FSN: 71786575345000024473
Don Joerres
536 Kodiak Circle
Thayne, WY 83127
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Certificate of Sale
Pederson 07-15396
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71786575345000021397
CERTIFIED MAIL NO. FSN: 71786575345000024480
Kathy Pederson
PO Box 11695
Jackson, WY 83002
CERTIFIED MAIL NO. NOI: 71786575345000021403
CERTIFIED MAIL NO. FSN: 71786575345000024497
Don Joerres
PO Box 11695
Jackson, WY 83002
CERTIFIED MAIL NO. NOI: 70070220000266222202
CERTIFIED MAIL NO. FSN: 70070220000266518886
Deutsche Bank National Trust Company as Trustee for the
Holders ofGSAA Home Equity Trust 2005-2, Asset Backed
Certificates, Series 2005-2
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065-6298
CERTIFIED MAIL NO. NOI: 71786575345000021410
CERTIFIED MAIL NO. FSN: 71786575345000024503
Occupant
536 Kodiak Circle
Thayne, WY 83127
000458
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 2, 2007 and the date of the first publication of the
notice of foreclosure sale was October 18, 2007.
FURTHER AFFIANT SA YETH NAUGHT.
~ltk J~
By: Danette Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
S...u.bscribed ill QlY presence and sworn to before me by Danette
Baldacci this S5:- day of N <.rv--t"""'b--t-; 2007.
Witness my hand and official sea.
Notary
My Commission Expires: ~I ~ -I 0
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Certificate of Sale
Pederson 07-15396
Page 5 of7
EXHIBIT B
"..--.-
PUBLISHER'S AFFIDAVIT
0'00459
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FOIœCLOSUR.ESALE.NOTlCE
" WHEREAS, default,i,nq{~R,~~eµ! ~f Înipcipal and interest has occurred
'under the tenns ·ofa promissory note (the "Note") dated July 28, 2004,ei-
ecuted and delivered by Kathy Pederson and Don.Joerres ("Mortgagor(s)")
.. to New Century Mortgage Corporation, and a real estate mortgage (the "Mort-
gage") of the same date securing the Note, which Mortgage was execute¡j
and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage
was recorded on July 29,2004 and re-Recorded on: August 12, 2004, at
Reception No. 901508 in Book 563 at PageAU and re-Recorded at Recep-
tion No. 901924 in Book564 at Page 673 in the records of the office of the
County ÇIerk 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: Deutsche Bank: National Trust Company, as Trustee· on behalf
of theCertificateholders of GS Mortgage Securities torp. GSAA 2005-2
Assignment dated.: September 19, 2005 . .
Assignment recorded: October 5, 2005 .
Assignment recording infonnation: at Reception No. 912524 in Book 6()
at Page 438 , . , ,
Assignee: Deutsche Bank: National Trust Company as Trustee for thl
Holders of GSAAHomeEquity Trust 2005-2, Asset Backed Certificates, Serie:
2005-2
Assigrunent dated: August 29, 2007
Assignment recorded: September 7, 2007
Assignmentrecordinginfonnation: at Reception No. 932945 in Book 67]
¡atPage535' ...... . "
All in the records of the County Clerk and ex-officio Register of Deèds Î11
and for LincolnCourtty, Wyoming. ;
WHEREA,s, the MQrtgage contains a power of sale which by reaspn of
said default, the lYIortgageecleclares 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 partthereof,nor has any such suit or proceeding been instituted
and the same discontinued; and
. WHEREAS, written .n~tice of intent to foreclose the Mortgage by adver-
tisement and sale has been served upon the record owner 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 of rlIst publication of this notice of sale being the. total sum of $186,591.16
which sum consists of the unpaid principal balanceof$175,976.00 plus in-
terest accrued to the date of the rlIst publication of this notice in the amount
of $1O,3l9.5~, plus.late charges in the amount of $142.24, plus an escrow
advance in the amount of $442.99, less outstanding balance in the amount of
$289.66, plus attorneys' fees, costs expended, and accruing interest and late
charges after the date of rlIst publication of this notice of sale;
WHE.REAS,J1:WPf9perty b~iniJoreclosed upon may be subject to other
liens'and encumbrancesthá,l; wiUø-ot be extinguj,sheq/Ìlt the sale. Any pro-
~pectivl?purchase~shQuld m..s~m:Jube statu8.qfJj:tlebefore submitting a bid;
NOW, TIIEREFORE Deutsch~ Bank: National Trust Compàµy as Trustee'
for the Holders of GSAA Home Equity Trust20Q5-2, Asset Backed Certifi-.
cates, Series 2005-2; lIS the Mortgagee, will have theMo~~åge foreclosed,as
~y law p~ovid(:d b! causing the mortgaged property to be.söld at public venue
601~&'~ S3~1dX3 NOISSIWWO:J AW
9NIWOM\ N10:JNn
:10 ~V.l.S :f0 ALNno:J
OI1Snd AHVION - Aam:l 3NNVXOH
by the. Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the
highest bidder for cash at 10:00 o'clock in the forenoon on November 13,
2007 at the front door of the Lincoln County Courthouse located at 925 Sage
Avenue, Kemmerer, WY, Lincoln County,fotapplication on l:t1eabove-~e.. '
scribed amounts secured by the Mortgage,$ai~'lIlo~gagedPropertypemg
described as follows, to-wit: . .. " '., . ... '" .....
LOT nOF TIIEBEARHOLLOW 'IWINHOMES SU~DIVISION,
LINCOLN COUNTY WYOMING AS DES9UBEDONTIffiOFJiICIAL
PLATTIIEREOF Fll..ED JUNE 20, 2000 AS INSTRUMENT NO. 866585
OFTIIE RECORDS OFTIIE LINCOLN COUNTY CLERK.
with an addressof~36Kqdiak Circle, Thayne, WY 83127.
Together with all iniprov~ments thereon situate. and all fixtures and· ap..
purtenancestlu~reto... ..... .'. ..' . '. . ,
Deutsche Bank: National Trnst Company.as Trµst~e for the Holders of
GSAA Home Equity Trust2005-~,Asse..tJ¡\,~cked Certificates, Series 20~52
. By: Danette Baldacci
~..blish: Oct. 18-25, Nov. 1. -8CastIe, Meinhold & Stawiarski
: ',LCgal Senrices, LLC
330 S; Walsh. Drive, Ste. 202
CI.\S~r,'wY.82609~0000
> ',·i .·...,,(3~m 333 5379
,. '.' '. ··1018D.
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 CQunty, 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 .0do~h)
AD., 20~, and the last publication on
the --1L day of ~
AD., 20.11.1:-; 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 III the
newspaper proper, and not III a
supplement.
Mic:~en, Pnblisher
Subscribed in my presence and sworn to
~ day of
A.D., 20~.
Certificate of Sale
Pederson 07-15396
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING
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) SS
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000460
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 $2,097.97
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Premium
Postage
Photocopies
Publication Costs
Conduct Sale
Assn. Rec. Fee
Record Cert. of Sale
Record Sheriffs Deed
Sheriffs Fee - Sale
Sheriffs Fee - Costs
600.00
714.00
127.52
26.45
512.00
50.00
11.00
26.00
11.00
10.00
10.00
Total
$2,097.97
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 .~TH N.~~GH~~.. .
B . l. e tLc t:@. -------
By: anette Baldaéci '"
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
Subscribed in, my presence ànd sworn to before me by Danette Baldacci
this ~ day of \'J ~~L<.... , 2007.
Witness my hand and OffiCia~sea
~
Notary P lic
My Commission Expires: d - ¡ ~ _ I J
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~"'i!'''''''''.
--ÑOTARV pLJt~LIC
LYNN NEUBERGER
SlATE OF WYOMING
COUNTY OF NATRONA
. : ~. ires Feb 13 2010
"nv CO"'"1ISSIq," .r..x . . "44< .
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Certificate of Sale
Pederson 07-15396
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