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HomeMy WebLinkAbout938045 -to.. 6010816476 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) 000295 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 September 16, 2005, executed and delivered by Dolores Willis a/k/a Delores Willis to Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan and (b) that certain mortgage dated September .16, 2005 (the "Mortqage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 3,2005, at Reception No. 912432 in Book 600 at Page 113 , 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 9 OF SCHWAB ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 75 East 2nd Ave., Afton, WY 83110 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 Fremont Investment & Loan ("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 March 6, 2008 issue of said newspaper and ending with the March 27, 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 8 and by this reference made a part hereof. COSPkg RECEIVED 4/4/2008 at 12:29 PM RECEIVING # 938045 BOOK: 691 PAGE: 295 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Willis 08-03271 Page 1 of7 000296 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On April 1, 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 $ 110,000.00 ("Bid Sum"), which was bid and offered by LANCE ROBINSON, ("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 $1,783.85 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 April 1, 2008, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 1st DATED at Kemmerer, Lincoln County, State of Wyoming, this day of April , 2008. IX~: SHANE JOHNSON Sheriff in and for Lincoln County, State of Wyoming By ~~~ Print Name: TROY JANSEN Title: DEPUTY SHERIFF COSPkg Certificate of Sale Willis 08-03271 Page 2 of 7 000297 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by TROY JANSEN Deputy Sheriff of Lincoln County, State of Wyoming, this April , 2008. presence and , 1st day of Witness my hand and official seal. a~Tl\'\\íY\CL-j. t\~D J Notary Public My Commission Expires: --sAvÃNNri'CHA'w팚 - NÓTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires ~ /7_711 ( ~.--.:.....;.~~ COSPkg Certificate of Sale Willis 08-03271 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 000298 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 September 16, 2005 (the "MortQaQe"), and recorded on October 3, 2005, at Reception No. 912432 in Book 600 at Page 113 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 Dolores Willis a/k/a Delores Willis ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan is the named mortgagee; 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: 71786575345000057846 CERTIFIED MAIL NO. FSN: 71786575345000060532 Delores Willis 75 East 2nd Ave, Afton. WY 83110 CERTIFIED MAIL NO, NOI: 71786575345000057853 CERTIFIED MAIL NO, FSN: 71786575345000060549 Delores Willis P,O, Box 1238 Alton, WY 83110 CERTIFIED MAIL NO, NOI: 70072560000142084305 CERTIFIED MAIL NO. FSN: 70072560000142092867 Mortgage Electronic Registration Systems, Inc" as nominee for Fremont Investment & Loan 333 W, Hampden Avenue Suite 500 Englewood, CO 80110 CERTIFIED MAIL NO. NOI: 71786575345000057860 CERTIFIED MAIL NO. FSN: 71786575345000060556 Occupant 75 East 2nd Ave. Afton, WY 831] 0 CERTIFIED MAIL NO. NOI: 71786575345000057877 CERTIFIED MAIL NO, FSN: 71786575345000060563 Dolores Willis 75 East 2nd Ave, Afton. WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 19, 2008 and the date of the first publication of the notice of foreclosure sale was March 6, 2008. COSPkg Certificate of Sale Willis 08-03271 Page 4 of 7 FURTHER AFFIANT SA YETH NAUGHT. (,00299 By: Danette Baldac . Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Subscribed in my pr~sence and sworn to before me by Danette Baldacci this QL8.. day of -.Œ)n YCV\_ ' 2008, ' Witness my hand and official seal. ~'/ t}uJ~ Notary Public My Commission Expires: Zl 2.0 ¡ J 2. COSPkg Certificate of Sale Willis 08-03271 Page 5 of7 EXHIBIT B ûOô300 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming STATE OF WYOMING ) ss. County of Lincoln I :'14 FORECLOSURE ~ALE NOTICE~¡; ¡ WHEREAS, default in the payment of principal and interest has occurr.èä: under the tenns ofa promissory note (the "Note") dated September 16, 20q:;, ì êxecuted and delivered by Dolores Willis a/kIa Delores Willis ("Mortgagor(s),Dc to Mortgage Electronic Registration Systems, Inc., as nominee for Frem(i)nt! Investment & Loan, and.a real estate mortgage (the "Mortgage") of the samel date securing the,Note, which Mortgage was executed and delivered by s~dj Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on Qc-¡ tober 3, 2005, at Reception No. 912432 in Book 600 at Page 113 in the I records of the office of the County Clerk and ex-officio Register of Deeds inl and fot Lincoln County, State of Wyoming; and 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..Qri 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 the record owner and the party ih I jJossession of the mortgaged premises at least ten (10) days prior to the com-; mèncement of this publication, and the amount due upon the Mortgage on the( date of fIrst publication of this notice of sale being the total sum of $1 04,057.97: which sum consists of the unpaid principal balance of $98,061.57 plus inter-: est accrued to the date of the fIrst publication of this notice in the amount of: $5,541.50, plus late charges in the amount of $255.61, plus an escrow ad-; vance in the amount of $74.29, plus other outstanding charges in the amount~ of $125.00, plus attorneys' fees, costs expended, and accruing interest and; late charges after the date of first publication of this notice of sale; : WHEREAS, The property bei,ng foreclosed upon may be subject to otherî 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 Mortgage Electronic Registration Systems, Inc., as! . nominee for Fremont Investment & Loan, as the Mortgagee, will have the I Mdhgage foreclosed as by law provided by causing the mortgaged 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 0' clock in the fore- : noon on April 1, 2008 at the front door of the Lincoln County Courthouse: located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application' on the above-described amounts secured by the Mortgage, said mortgaged ¡ property being described as follows, to-wit: ; LOT 9 OF SCHWAB ADDmON TO THE TOWN OF AFTON, LlN-. COLN COUN1Y, WYOMING AS DESCRIBED ON THE m'FICIALPLAT! THEREOF ; with an address of 75 East 2nd Ave., Afton, WY 83110. ! Together with all improvements thereon situate and all fixtures and ap-: purtenances thereto. : Mortgage Electronic Registration Systems, Inc., as nominee for( Fremont Investment & Loan: By: Danette Baldacci: Castle, Meinhold & Stawiarski: Legal Services, LLC; 330 S. Walsh Drive, Ste. 202; Casper, WY 82609-0000 ; (307) 333-5379: March 6, 13, 20, 27 0306: i 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 ð . . h said newspaper for -=:L- 1I1sertlons, t e first publication having been made on the -k- day of Ltv\(lJl e.h.L. AD., 20~, and the last publication on the ~ day of ~(0r t.h-. 20 /1Q. that said notice was AD., -VQ-; published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published Il1 the newspaper proper, and not 111 a supplement. Mic~bliSher Subscribed in my presence and sworn to 6OI~&H S31J1dX3 NOISSlVllwoa AW ÐI\!IAJOAM _ N100Nn ::10 ~ " :IOAlNno:J :Jf19nd AWlON . AonH 3NN'o'XOH before me on '-W\ {jJL~ it J . ~Æl1tJ kcl-l( this ~\ day of AD., 20..llß-. COSPkg Certificateòf Sale Wíllis 08-03271 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) 000301. COUNTY OF NA TRONA Danette Saldacci, 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 $1,783.85 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication FSN Conduct Sale Record Cer!. of Sale Record Assn, of Cer!. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600.00 534,00 100.85 26.00 405.00 50.00 26.00 11.00 11,00 10,00 10,00 Total $1,783.85 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. +- Sy: Danette Sa/dacc' C tie, 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 Saldacci this d.8 day of rYJQY'c.h , 2008. .. Witness my hand and official seal. ~ ·{kQi Notary Public My Commission Expires: z[ Zð{ 1'2... Certificate of Sale Willis 08-03271 Page 7 of 7 COSPkg