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HomeMy WebLinkAbout936267 'f CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) ) SS ) 000899 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 July 28, 2006, executed and delivered by Roy L. Long to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation and (b) that certain mortgage dated July 28, 2006 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 2, 2006, at Reception No. 920871 in Book 628 at Page 572 , 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 OF THE KENNINGTON CIRCLE ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 195 N. 9th Avenue, Afton, WY 83110-0000 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, Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation ("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 December 20, 2007 issue of said newspaper and ending with the January 10, 2008 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. COSPkg RECEIVED 1/15/2008 at 11 :52 AM RECEIVING # 936267 BOOK: 683 PAGE: 899 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Long 07-24315 Page 1 of 7 000900 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On January 15, 2008 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 $$229,942.68 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation ("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 $1,990.62 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 January 15, 2008, 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 15 day of January , 2008. Shane J6hnson Sheriff in and for Lincoln County, State of Wyoming BY:~ Print Name: iff Boyd Title: Deputy Sheriff COSPkg Certificate of Sale Long 07-24315 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) 000901. COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this January ,2008. presence and , 15 day of Witness my hand and official seal. \~~l)'WV(\l\-~- t\~ SLt\/ Notary Public My Commission Expires: ",,_ _ I'-..Þ".tf>"~~~";_· SAVANNA L. HAWKES - NOTARY PUBLIC COSPkg Certificate of Sale Long 07-24315 Page 3 of7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) ) SS ) 000902 COUNTY OF NA TRONA Danette Baldacci of lawful ag , being first duly sworn upon her oath, deposes and says: 1. That she is an attorney dmitted generally to practice law in the State of Wyoming and is a member of he law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC, who ar the attorneys representing the Mortgagee in a procedure to foreclose a cert in real estate mortgage dated July 28, 2006 (the "MortQaQe"), and recorded on August 2, 2006, at Reception No. 920871 in Book 628 at Page 572 in the reco ds of the office of the County Clerk and ex-officio Register of Deeds in and for incoln County, State of Wyoming, wherein Roy L. Long (UMortgagor(s)"), the amed mortgagor(s), and Mortgage Electronic Registration Systems, Inc., a nominee for GMAC Mortgage Corporation is the named mortgagee; by a vertisement and sale as provided under the provisions of Wyo. Stat. §§ 34-4- 01, et seq. (2003). The Mortgage was foreclosed by reason of default having 0 curred under the terms of the note secured thereby. 2. That written notice of i tent to foreclose the Mortgage by advertisement and sale has been served up n 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 n 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 oreclosure Sale Notice was mailed, certified mail, return receipt requested, to II parties as required by Wyoming statutes, before the notice was published, as ollows: CERTIFIED MAIL NO. NOI: 71786575345000038197 CERTIFIED MAIL NO. FSN: 71786575345000041487 Roy 1. Long 195 N. 9th Avenue Afton, WY 83110-0000 CER IFIED MAIL NO. NOI: 71786575345000038203 CER IFIED MAIL NO. FSN: 71786575345000041494 Roy . Long P.O. lOX 1111 Afton WY 8311 0 CER IFIED MAIL NO. NOI: 71786575345000038227 CER IFIED MAIL NO. FSN: 71786575345000041517 Occupant 195 N. 9th Avenue Afton, WY 83110-0000 CERTIFIED MAIL NO. NOI: 71786575345000038210 CERTIFIED MAIL NO, FSN: 71786575345000041500 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034 CERTIFIED MAIL NO. NOI:71786575345000038234 CERTIFIED MAil NO. FSN: 70071490000447735464 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 30, 2007 and the date of the first publication of the notice of foreclosure sale was December 20, 2007. COSPkg Certificate of Sale Long 07-24315 Page 4 of 7 FURTHER AFFIANT SA YETH NAUGHT. . , '1 (./.., ¡'/7 ,,... . ,. . " . By: anette Baldaccl Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 000903 S,ybscribed in my presence and sworn to before me by Danette Baldacci this --LL day of ~ 20f8. Witness my hand and off~!".~' \al. My Commission Expires: __..-_~'..'W_'~"· I".....""', -...."',"...."""'--w_ NorMVt':'uÉíL (';' LYNN NEUBERGER ,~t,'.m:, OF \/IIYOMING '"uLINT i OF NATHOrJA ~~rr.!W§Sio!1.r::XIW'iS.FCh 'i3, 2010 ~4ii~4...:o~..·"1l;/.~I\\r.,~~~"l.d'dê:Gi.:;ä·_¡~ COSPkg Certificate of Sale Long 07-24315 Page 5 of 7 EXHIBIT B OOO~J04 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALENOTICE WHEREAS, default in the Payment of principRI and interest has occurred under-the tenns of a promissory note (the "Note") dated July 28,2006, ex- ecutedand delivered by Roy L. Long ("Mortgagor(s)") to Mortgage Elec- tronic Registration Syste~s, Inc., as nominee for GMAC Mortgage Corpora- tion, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on AugtJst 2,2006,' at Reception No. 920~71 in'Book 628 at Page 572 in the reconts 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 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 secµred by the Mort- gage, or any part thereof, nor has any such suit or procéeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by adver- tisement and sale has beed 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 firstpublication of this notice of sale being the total sum of $225,372.81 , which sum consists of the unpaid principal balance of $219,108.57 plus in. :erestaccrued to the date of the fIrst publication of this notice in the amount )f $5,326.58, plus late charges in the amount of $603.68, plus an escrow ' advance in the amount of $333.98, plus attomeYS~ fees, costs expended,and accruing interest, and late charges after the da~'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 extin~shed at the sale. Any prospective purchaser should research the status of title before submitting a bid; ," , NOW, THEREFORE Mortgage Electronic Registration Systems, inc., as nominee for GMAC Mortgage Corporation, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing tl}e mortgaged'property' to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highestbiØder for cash at 10:00 o'clock in the fore- nqön on J!IlJ.uary 15; 2oo8atthe frontdoor of the Linc()ln COUlltyÇourthouse located at 925 Sage Avenue,Ke1l1ß1erer, WY, Lincoln County, for application on the above-described lUllounts seçured by the. Mortgage, said mortgaged property being describedaSfollows, to-wit: . .' >," LOT 1 OF THEKEN:NINGTON,CIRCLE ADDmON TO THE TOWN OF AFI'ON, UNCOLN COUNTy; WYOMING AS DESCRIBED ON THE . OFFICIAL PLÀT THEREOF with an address of195 N. 9th Avenue, Afton, WY 83110-0000. , Together with all improvements thereon situate and all fIxtures and ap- purtenances thereto. Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation By: Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333-5379 Dec. 20, 27, Jan. 3,10 1220A ROXANNE RUDY - NOTARY PUBLIC COUN1Y OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 1131/09 11' KerrunererVVyorrúng 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 ----1..- insertions, the first publication having been made on the ~ day of ~/~ {.vJJeJ\) A.D., 20---'YL, and the last publication on the -iG- day of ~¡1.(/lùIit 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 In the newspaper proper, and not in a supplement. ~ Michael Jensen, Publisher Subscribed in my presence and sworn to before me on this ~~^'6 "..;? . ítW~vI ¿4'¿~ iL day of A.D.,201lL. Long 07-24315 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) S$ ) 000905 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 Mortg,agee 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 $1,990.62 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage PhotocQpies Tax Certificate Publication Costs Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriff's Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600.00 778.00 52.10 26.00 25,00 391.52 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,990.62 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 agree"ment, 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 SAYETH NAUGHT. " '')..J 6 ).,. ,r)' ,-~' 'iL V· /L/\----~ ., B Danette Saldaccl C stle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Subscribed in my presence and sworn to before me by Danette Sa/dacci this 1L- day of 8·t:v"V\L~(J· , 2008. t Witness my hand and offi~ seal\ ¡iI". . ~\ '-./ V \1~....". Not~&ðbliC My Commission Expires: ;;) - { 3--1 () COSPkg .~....ø~~· . ""'ì'~)¡~RY fJt!BL\C i 'f~~\ NEUBERGNEG-R - "... (If \/vyOMI S',.h\~" ,':; N!~TRONA ,:Olib i 1 ,)1 _ . 1010 .w.J:Z~~lW,Z,~J~Ix.,\.~;~J~;'2,~,~~,~~¡,1o '., Certificate of Sale Long 07-24315 Page 7 of 7