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HomeMy WebLinkAbout936266 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) 000889 COUNTY OF LINCOLN Shane Johnson. Sheriff 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 May 29, 2003, executed and delivered by David L. Aullman to Mortgage Electronic Registration Systems, Inc., as nominee for Capitol Commerce Mortgage Co. and (b) that certain mortgage dated May 29, 2003 (the IMortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 3, 2003, at Reception No. 890424 in Book 522 at Page 690 , 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 23, T34N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1346.5 FEET WEST AND 100 FEET SOUTH FROM THE E1/2 CORNER OF SAID SECTION 23 AND RUNNING THENCE SOUTH 60.0 FEET, THENCE WEST 213.5 FEET, THENCE NORTH 60 FEET, THENCE EAST 213.5 FEET TO THE POINT OF BEGINNING with an address of 134 Hokanson Avenue Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: August 1, 2007 Assignment recorded: August 24, 2007 Assignment recording information: at Reception No. 932454 in Book 669 at Page 871 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, Countrywide Home Loans, Inc. ("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 RECEIVED 1/15/2008 at 11 :45 AM RECEIVING # 936266 BOOK: 683 PAGE: 889 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COSPkg Certificate of Sale Aullman 06-21342 Page 1 of 9 sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 000890 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 September 13, 2007 issue of said newspaper and ending with the October 4, 2007 issue thereof, and again 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, and again once a week for three (3) consecutive weeks, commencing with the November 21, 2007 issue of said newspaper and ending with the December 5, 2007 issue thereof; that said notices were 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 8 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 December 11, 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 $163,447.75 ("Bid Sum"), which was bid and offered by Countrywide Home Loans, Inc. ("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 $3,529.70 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 December 11, 2007, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Aullman 06-21342 Page 2 of9 DATED at Kemmerer, Lincoln County, State of Wyoming, this 15 day of January ,2008. 000891. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Title: Deputy Sheriff ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff B6yd , Deputy Sheriff of Lincoln County, State of Wyoming, this 15 day of January , 2008. My Commission Expires: Witness my hand and official seal. 3CWLVV\Iì~;j, 1W Q h Notary Public ~ c"!",-~"""'~",,,,?-~ SAVANNA L HAWKES - NOTARY PUBLIC COSPkg Certificate of Sale Aullman 06-21342 Page 3 of 9 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 000892 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 May 29, 2003 (the "Mortgage"), and recorded on June 3, 2003, at Reception No. 890424 in Book 522 at Page 690 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 David L. Aullman ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Capitol Commerce Mortgage Co. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: August 1, 2007 Assignment recorded: August 24,2007 Assignment recording information: at Reception No. 932454 in Book 669 at Page 871 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: 71786575345000013668 CERTIFIED MAIL NO. FSN: 71786575345000015938 CERTIFIED MAIL NO. NOPP:71786575345000022646 CERTIFIED MAIL NO. NOPP2: 71786575345000031808 CERTIFIED MAIL NO. NOPP3: 71786575345000039965 David L. Aullman 134 Hokanson Avenue Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000013682 CERTIFIED MAIL NO. FSN: 71786575345000015952 CERTIFIED MAIL NO. NOPP:71786575345000022660 CERTIFIED MAIL NO. NOPP2: 71786575345000031822 CERTIFIED MAIL NO. NOPP3: 71786575345000039989 Countrywide Home Loans, Inc. 7105 Corporate Dr., PTX B-35 Piano, TX 75024 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000013675 CERTIFIED MAIL NO. FSN: 71786575345000015945 CERTIFIED MAIL NO. NOPP:71786575345000022653 CERTIFIED MAIL NO. NOPP2: 7178657534500031815 CERTIFIED MAIL NO. NOPP3: 71786575345000039972 David L. Aullman PO Box 235 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000013699 CERTIFIED MAIL NO. FSN: 71786575345000015969 CERTIFIED MAIL NO. NOPP:7178657345000022677 CERTIFIED MAIL NO. NOPP2: 7178657534500031839 CERTIFIED MAIL NO. NOPP3: 71786575345000039996 Occupant 134 Hokanson Avenue Thayne, WY 83127 Certificate of Sale Aullman 06-21342 Page 4 of 9 CERTIFIED MAIL NO. NOI: 71786575345000013705 CERTIFIED MAIL NO. FSN: 71786575345000015976 CERTIFIED MAIL NO. NOPP:71786575345000022684 CERTIFIED MAIL NO. NOPP2: 71786575345000031846 CERTIFIED MAIL NO. NOPP3: 71786575345000030008 The Bank of Star Valley P.O. Box 8007 384 Washington Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000013729 CERTIFIED MAIL NO. FSN: 71786575345000015990 CERTIFIED MAIL NO. NOPP:71786575345000022707 CERTIFIED MAIL NO. NOPP2: 7178657534500031860 CERTIFIED MAIL NO. NOPP3: 71786575345000040022 Countrywide Home Loans, Inc. MS SV-79 Document Processing P.O. Box 10423 Van Nuys, CA 91410-0423 CERTIFIED MAIL NO. NOI: 71786575345000013712 CERTIFIED MAIL NO. FSN: 71786575345000015983 CERTIFIED MAIL NO. NOPP:71786575345000022691 CERTIFIED MAIL NO. NOPP2: 7178657534500031853 CERTIFIED MAIL NO. NOPP3: 71786575345000040015 Capitol Commerce Mortgage Co. 4004 Kruse Way Place, Suite 175 Lake Oswego, OR 97035 000893 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 28, 2007 and the date of the first publication of the notice of foreclosure sale was October 18, 2007 and the date of the first publication of the Notice of Postponement of Forclosure Sale is October 18, 2007, and the date of the first publication of the 2nd Notice of Postponement of Forclosure Sale is November 21, 2007; and the date of the 3rd Postponement of Foreclosure Sale is December 20, 2007. FURTHER AFFIANT SA YETH NAUGHT. /'ì . ./ r . . ftt' J ,,' '\! . / ' I· ..... '''-.. .. ..' -; .,( ¡ 1· .' i 1'/ ./ IÍ , I, ' ----/ : Danette Baldacci C stle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 ~4bscribed in Baldacci this -1.L day of I Witness my Rand and offipial se ,l '..................--..... y presence and sworn to before me by Danette ,20 8. \ Notary-·· My Commission Expires: ~;)-- )-;::;~~ C _,,,,.,.,....~i", IC ""'''''"'''ÑtJ,rAr:,...¡;u. I. ~\.. G ..E.. R LYNN ~EI.~~ftING SI~1~~Jbí; NATRONI\. cou~ .,<" p:b ,(~ l010 11-T,~5"'~\Or1 k:J1~~~~,'::I.tr:~"'~ rt'1..,-)?J;i£-,rn--.;~~' . . -------.. COSPkg Certificate of Sale Aullman 06-21342 Page 5 of 9 EXHIBIT B PUBLISHER'S AFFIDAVIT 000894 KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEMENT OF'IFORECLOSURESALE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the "Note") dated May 29, 2003, ex- ecuted.anddelivered by DavidL. Aullman ("Mortgagor(s)")to Mortgage Electronic RegistrationSysteØlSi Inc., as nominee for Capitol Commerce Mortgage Co, ('~Mortgagee"),¡¡nd a real estate mortgage (the "Mortgage") of . the. same datesec1J.ring the Note, which Mortgage ,was executed and deliv- ered by' Mortgagor(s), .to Mortgagee, and which' Mortgage was recorded in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, state of Wyoming, on June 3, 2003, at Reception No. 890424 in Book 522 at Page 690;. ' WHEREAS, the Mprtgage has been duly assigned for value by Mort- gagee as follows: '. , Assignee:' Countrywide Hó~e Loans, Inc. Assignmentdated:i\ugust 1; 2007 Assignment recorded: August 24, 2007 Assignment reco~g information: at Reception No.~32454 in Book 669 at Page 871 . i Allin the records of the County Clerk and ex -officio Register of Deeds in and for Lincoln County, Wyoming; and , WHEREAS, written notice of intent to foreclose the Mortgage by adver- tisement and sale, pursuant to the terms of the Mortgage, has been served upon the record owner, and party in possession ofthemortgaged premises at least ten (10) daYII prior to f1rs~ publication of the notice of sale; The property-covered by said Mortgage is described as follows: PART'OFSECflON 23,T34N R1l9W OF THE 6TH P.M., LINCOLN COUNTY. WYOMING BEING MORE PARTICULARLYDESCRIB.ED AS FOLLOWS:, ' .BEGINNING AT A POINT 1346.5 FEET WEST AND 100 FEET SOUTH FROM THE El/2CORNER OF SAID SECTION 23 AND RUNNING THENCE SOUTR60.0FEET, THENCE WEST 213.5 FEET,THENCE NORTH 60 FEET, THENCE EAST: 213.5 FEET TO THE POINT OF BE- GINNING' with an addrells of 134 Hokanson ~venue, Thayne, WY 83127. WHEREAS, the property being foreclosed upon may be subject to other liens and encumbrances that wili not be extinguished at the sale. Any pro- spective purchaser should research the status' of title before submitting abid; NOTICE IS IIER.E!aY GIVEN, pursuant to Wyoming Stàtutes Section 34-4-109 (2003) that the foreclosure sale of the above Mortgage, scheduled for December 11, 2007 at the front door of the Linc()ln County C()urthouse located at 925 Sage Avenue, Kemmerer'wY;'LincolnC!)un~,statè'QfWYo~ ming, has been postponed to 10:00 P'cl<:>fl.c.in'tltef?rep.OOI1I:>Ï).la.µuary15, 2008 at the front door of the Lincoln Cp~ty Courthóuse 10c~teQ. at.925 Sage Avenue, Kemmerer, WY, Lincoln County,,$,w.te of,Wypming.',· . , '. . Countrywide Home Loans, Inc. :'" ' . ",".' By: Danette Baldacci , .... .... . " '. ";.' Castle, Meinhold, & Stawiarski LegiilSeJ:'\'ices, LLC'.,y 330 Wiilsh Drive, Ste. 20:2 . ',:, ",.. Casper, WY 82609..()()QP, " / ,. 3073335379 ',:F'¡'·"·. ,".".','.' Dec. 20, 27, Jan. 3, 10 . ','. 1220D /. ,'-,.-,:.-" ;',,;-,' -~"'-'-......'...:. ROXANNE RUDY· NOTARY PUBLIC COUNlY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 1/31/09 Kemmerer Wyoming 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 ~ day of D~~ P)",J,'fJl) A.D., 20--º-±-, and the last publication on .f1 the ~ day of , J aJW O^~ A.D., 20~; 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. ~n, Publisher Subscribed in my presence and sworn to this --1L day of A.D.,20..!2.fL. ;f~~ ~¿c£' /7 EXHIBIT B PUBLISHER'S AFFIDAVIT 000895 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming .'J NOTICE OF POSTPONEMENT OF FORECLOSURE 'J,~ . SALE . ~:li . WHEREAS, default in the payment of principal and interest has occurred ~~ under the terms of a promissory note (the "Note") dated. May 29, 2003, ex-g" ecuted and delivered by Davidi L. Aullman ("Mortgagor(s)") to Mortgage '.' .... . Electronic Registration Systems, Inc., as nominee for Capitol Commerce oi¡ i Mortgage Co. ("Mortgagee"), and areal estate mortgag~ (the "Mortgage") of'" /, the same date securing the Note, which Mortgage was executed and deliv- ;: ered by Mortgagor(s), to Mortgagee, and which Mortgage was recorded in 1 the records of the office of the County Clerk and ex-officio Register of Deeds ~ in and for Lincoln County, State of Wyoming, on June 3, 2003, at Reception ò: No. 890424 in Book 522.at Page 690; , ~ WHEREAS, the Mortgage has been duly assigned for.value by Mort- -' gagee as follows: ~, Assignee: Countrywide Home Loans, Inc. , Assignment dated: August I, 2007 ~ Assignment recorded:August 24; 2007 ~ Assignment recording information: at Reception No. 932454 in Book 669 " at Page 871 . ~ All in the records of the County Clerk and ex-officio Register of Deeds in f. and for Lincoln County, Wyoming; and, ¡ ~ WHEREAS, written notice of intent to foreclosetl¡e M()rtgage by adver- ~ ~ tisemenrimd sale, pursuant to the terms of the Mortgage, has been served i: upon the record owner and party in possession of the mortgaged premises at f least ten (10) days prior to fIrst publication of the notice pf sale; .:: The property covered by said Mortgágeis described as follows: I PART. OF SECTION 23', T34NR119W OF THE 6TH P.M., LINCOLN ' COUNTY, WYOMING BEING MOREPARTICuLARLYPESCRIBED AS : FOLLOWS: BEGINNING AT A POINT 1346.5 FEET,WESTAND100 FEET : SQUTH FROM THE El/2 CORNER OF SAID SECTION 23 AND RUN- , NINGTHENCE SOUTH 60.0.FEET, THENCE WEST 213.5 FEET, : THENCE NORTH 60 FEET, THENCEEASJ 213.5 FEET TO THE POINT I OF BEGINNING . .'.. .. . : with an address of134 Hokanson Avenue, Thayne,WY 83127¡ I; WHEREAS, the property being foreclosed upon may be subject to other i I: . liens and encumbrances that will not bf! extinguished at the sale. . Any pro- ~ spective purchaser should research the status of title before submitting a bid; í ~ NOTICE IS HEREBY GIVEN, pursuant to Wyoming. Statutes Section j : 34-4-109 (2003) that the foreclosure sale of the above Mortgage; scheduled' ~ for November 13, 2007 at the front door of the Lincoln County Courth,ouse ' ~ locatetj .at 925 Sage Avenue, Keß11D,erer, WY, Lincoln County; State of WYOë ~ ming,þas beettpostponed to 10:90R'clqf~ in the .fo¡:ettPon on December 11, !: ';20Q7~tthefrontdqoi'of;th~ :I:.µ¡'(:9l!i,CPAAty(2;()W'th()llse,loèated ¡It 925 Sage ~ ¡\venue,Kein111erer, WY, Lincoh,t:GountY;~State,pfWYoming. . ~ ., ',:: .' . CountrýwideHomeLoans, Inc. ~ ,.... ...... .' ..,.'i By: Pllnette BaIdacci . ~ Castle, Meinhold, & Stawiarski Legal' Services, LLC, ~ ' 330WalshDriv.e,Ste.202 I' Casper'wY82609-00oo ~ '. . '. ., . .. ';'307~333-5379! I, November 21, 2007, Novembèr 28,2007,December6, 2007 '. 1121 I ROXANNE RUDY - NOTARY PUBL IC COUN1Y OF STATE OF UNCOLN WYoMING MYCOMMISSrON EXPIRES 1/31/09 COSPkg Kemmerer Wyoming STATE OF WYOMING ) ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of t.h~j 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 Æ day of ~ ð1Jeil/l £ ~h ) A.D., 20.....0.3:-, and the last publication on the -k- day of -ß(~tWLQ,ph) A.D., 20-0.3:-; 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 .1 supplement. ~' Michael Jensen, Publisher Subscribed in my presence and sworn to be~ me pn this ----4)l ('Q,I'YI);:.>e}v JZ tA/ûf~ ~ day of A.D., 201£1:-. ßl~ Certificate of Sale Aullman 06-21342 Page 7of9 EXHIBIT B PUBLISHER'S AFFIDAVIT 'ÚOðS96 .~ KEMMERER GAZETTE Kemmerer WYomin~ STATE OF WYOMING ) ss. County of Lincoln AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming , ~ NOUCE OF POSTPONEMENT OF : FOJffiCLOSURESALE ,t WHEREAS, default in the payment of principal and interest has occ\11TÔd under the tenn~ of a promiss~rynote (the "Note") dated. May 29,2003, et- ecuted and dehvered by David L. Aullman ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc.,· as nominee for' Capitol Commerçe Mortgage Co. ("Mortgagee"), and areal estate mortgage (th~ "Mortgage") &.f the same date securing thé Note, w~ch Mortgage was executed and deliy~ ered by Mortgagor(s), to Mortgagee, and which Mortgage was recorded m the records of the office of the COuDty Clerk and ex-officio Register of Deeds in and for Lincoln Coµnty, State ofWyoming~ on June 3, 2003, at Receptiq!¡ No. 890424 in Book 522 at Page 690; ..: WHEREAS, the Mortgage has been duly assigned for value by Mort~ gagee as follows: ' Assi~ee: Countrywide Home Loans, Inc. Assignment dated: August 1,2007 Assignment recorded: August 24, 2007 . , Assignment recordinginfonnation: at Reception No~ 932454 in Book 669 at Page 871 ~ . All in the records of the County Clerk and ex-officio Register of Deeds ijt and for Lincoln County, Wyoming; and :: WHEREAS, written notice of ~tent to foreclose ,the Mortgage by advej¡. , tisement and sale, pursuant to thetenns of the Mortgage, has been serve(l upon the record owner and party in possession of tbemortgaged premises at . least ten (10) days prior to flI'llt publication of the notice of sale; , The property covered by said Mortgage is described as follows: PART OF SECTION 23, T34N R119W OF THE 6THP.M., LINCOLN COUNTY, WYOMING BEING.MOREPARTICULARLYDESCRIBED AS FOLLOWS: . , ....'. ~ .... ' : BEGINNING ATAPOINT 1346.5 FEETWESTANDlOOFEET SOUTH FROM THEEl/2 CORNER OF SAID SECTION 23 AND' RUNNING THENCE SOUTH 60.0 FEET, THENCE WEST 213.5 FEET, THENCa NORTH 60 FEET,. THENCE EAST 213.5 FEET TO THEJlOINT OF BE- GINNING ' '. . ." " ' with an address of 134 Hokanson Avenue, ,Thayne; WY 83127. ' WHEREAS, the property being foreclosed upon may be subject toothcÎr . liens ànd encumbrances that will no~ be extinguished at the sale. Any prq- spective purchaser should research the status of title before submitting a bid; . N01llGH IS HEREBY GlNiEN¡ pursuant to.wýoming Statutes Sectiop 3441 œ! (2003)'thllrme'foreclosure s'ale of the"àbove'Mo'rtgag'e;'scheduletl (fut-X)ötdbliir9; 20()!1)\tQthe'ftbiit(fiðbr Öf"the-L-inc;oln County€ourthouse'ld- cated at 925 Sage Avenuc!, Kemmerer,WY, Lincoln County, State ofWyo- ming, has been postponed to 10:QO o 'dock: in the forenoon oriNovember U, 2007 at the front door of the Lincoln County C0urthous!, loca~ at 925 Sage Avenue, Kemmerer, WY, Lincoln County, Statc:ofWyoming~ , .. .; Countrywide Home Loans, Inç. '. . ,-' . . . - By: Danette Baldacei Castle, Meinhold, &Stawiarski Legal Services, LLt 330 S;Walsh Drive, Ste. 202 . 'Casper,wy 82609-0000 307-333-537,9 10HI I, Michael Jensen, do solemnly swear that "4; 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 --1.Q day of ø(\J~~ h) A.D., 20~, and the last publication on the --5L day of ÜJ-oWJ A.D., 20--C8:-; 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. '~ ~LL .- Michael nsen, Publisher Publish: Oct. 18,25, Nov. 1,8 Subscribed in my presence and sworn to ROXANNE RUDY - NOTARY PUBLIC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 1/31/09 Yf. me ~n this ~ day of v2a.i\t J-e 1)) A.D., 20.ÆJ=-. fi~ fu~ _wi Ullw...."w VI '-IOI\" Aullman 06-21342 Page 7 of , 1 EXHIBIT B KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming V7¿.,V ,1 FORECLOSURE SALE NOTICE' WHEREAS, defaùlt in the payment of principal and interest hilS' occurred ".. , under the terms of a promissory note (the "Note") dated May 29, 2003, ex~ .~ ,'" ecuted and delivered .by David L. Aullman ("Mortgagor(s)") to Mortgage - Electronic Registration Systems, Inc., as nominee for Capitol Commerce Mortgage Co., and a.real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgilge was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on June 3, 2003, at Reception No. 890424 in Book 522 at Page 690 in the records of the office of the, County Clerk and ex~officio Register of Deeds in ,and for Lincoln County, StateofWyoming; and , . WHEREAS,the mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignmènt dated: August I, 2007. Assignment recorded: AugUst 24; 2007 Assignment recording information: at Reception No. 932454 in Book 669 at Page 871 . . ! ' All in the records of the County Clerk and ex~officio Register of Deeds in i; t' . and for Lincoln County, Wyoming. , . . f:~;~~i~ WHEREAS, the Mortgage contains a power of sale which by reason of ¡;;.....{said def~ult; the Mö~ga~ee declares to have becòme operative, and no suit or . }" proceedmg.hasbeen mStltuted at law to recover the debt secured by the Mort~ d., t· gage, or ¡my part thereof,nor has any such suit or proceeding been instituted 1ft' and the same discontinued; and ,ly WHEREAS, ,wri!ten notice of intent to foreclose the Mortgage by adver- tisoment and sale has been serxed 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 first publication of this nótice of sale being the total sum of $152,032.55 which sum cpnsists,ofthe unpaid principal balance of $137,755.59 plus in~ terest accrUed to the date of the fITst publication of this notice in the amount of $9,529.15, plus late charges in. the amount of $169.76, plus an escrow advance in the amount of $4,365.45, plus other outstanding charges in the amount of $212.60, plus attorneys' fees, costs expenc;led, and accruing inter- . est and late charges after the date of fITs,t 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 pro~ spective purchaser should research the 'status of title before submitting a bid; NOW, THEREFORE Countrywide Home Loans, Inc., as the Mortgagee, will have the Mortgage foreclosed as .by law provided by causing the mort- gaged property 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 thè forenoon on October 9,2007 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln Cpunty, for application on the above-described amounts secured by the Mort~ gage, said mortgaged property being described as follows, to~wit: PART OF SECTION 23, T34N R1l9W oF'THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , BEGINNING AT A POINT 1346.5 FEET WEST AND 100 FEET SOUTH FROM THE El/2 CORNER OF SAID SECTION 23, AND RUNNING THENCE SOUTH 60.0 FEET, THENCE WEST 213.5 FEET, THENCE· NORTH 60 FEET, THENCE EAST 213.5 FEET TO THE POINT OF BE~ GINNING with an address of 134 Hokanson Avenue, Thayne, wy 83127. Together with all improvements thereon situate and all fixtures and ap- purtenances thereto. . , CountrYwide Homel,o~s, Inc. '". , ..' By:PanetteBaldaççi Castle, Meinhold; & StawillfSki .', '" Legal $erviçes,LLC 330 S.Wals,hI>rj.ve, Ste[,z02 Casper,WY 82609-0000 307-333~5379 0913 Sept. 13,,20,,27; Oct. 4 ROXANNE RUDY - NOTARY PUBUC COUNTYOF &\ STATE OF UNCOLN _ WYOMING MY COMMISSION EXPIRES 1131109 COSPkg 000897 Kemmerer Wyoming STATE OF WYOMING ) ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of· th~¡ 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 A.D., 20--C11:-, and t the ---1- day of A.D., 20-*-; 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. .~ '" UJ. ""- Michael ensen, Publisher Subscribed in my presence and sworn to befJ:'\Tf,I.on tbis 5- day of ~.eJu A.D.,20.D..!þ MiÚlN !!vet¡ Certificate of Sale Aullman 06~21342 Page 6 of _ "l EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) 000898 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 $3,529.70 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Duplicate MSO Recording Fees Datedown Endorsements (2) Publication Costs Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs NOPP Publication NOPP Publication 2 NOPP Publication 3 600.00 624.00 194,63 26.90 100.00 8.00 332.00 460.80 50.00 35.00 11.00 11.00 10.00 10.00 358.40 283.50 378.00 Total $3529.70 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 AFFI~~TiSA Y~T~,~_~Utc.GH~.~, . ,. . ) '/ ' . L.,· ~ ./' 'I .' ...... . .~'" '---6 '. Danette Baldaccl' Ca tie, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 SUbscribe~ my presence and sworn to before me by Danette Baldacci this 1L- day of . ~ __ ,2008. ~ Witness my hand and officlaLs I. ~_____. Nota ublic ;) - ( S -- { ò My Commission Expires: COSPkg ~"" . .........-,¡mRý r'UBLlC L,(N\~ NE~Jl3ERG~R ..:'. ,. ',' OF wYOMIN .~.'¡,ì·¡f\' OF NATRONA '_AI." ,', i '" Feb '13 ,1.010 M,\f COlnl~U§~\.9J.1 r::~,;:2:~1:t14'6'ð~~ :ft~.a::'~~:ü.:,¡;,:;..:ø:~~ Certificate of Sale Aullman 06-21342 Page 10 of 9