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HomeMy WebLinkAbout940226 VV..LVV..LU/"'1'/ RECEIVED 7/1/2008 at 3:00 PM RECEIVING # 940226 BOOK: 698 PAGE: 861 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY û00861. SHERIFF'S CERTIFICATE OF SALE UPON FORECLOSURE THIS SHERIFF'S CERTIFICATE OF SALE, made by Bart Julander , Deputy Sheriff of Lincoln County, State of Wyoming, to Washington Mutual, of Los Angeles County, California, as purchaser at foreclosure sale. WITNESSETH Default having been made in the conditions of that certain Mortgage dated the 23rd day of October 2006, recorded on November 13, 2006 in Rec # 924350, Book 639, Page 882, Mortgage Records in Lincoln County, Wyoming, as periodically renewed, given by Jason Langlois and Shylo Langlois, husband and wife as tenants by the entireties to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-11, to secure the payment of one certain promissory Note of even date therewith, which mortgage embraced the following real property, to wit: 1908 Bailey Lane, LaBarge, Wyoming, 83123 and more fully described as: Lot 4 of Viola Subdivision, Phase No.1, Lincoln County, Wyoming as described on the Official plat thereof. A default having occurred under the tenns of the Mortgage and the entire balance then declared due and payable by the Mortgagee or its assignee and the election made to foreclose pursuant to W.S. 34-4-101, et. Seq., notice of sale was duly advertised and given pursuant to a copy ofthe legal publication attached hereto and the sale was then held at the date and place provided and the property was sold to Washington Mutual the highest and best bid of $222,547.37, plus outstanding attorney fees and costs of$2,015.52, for a total bid of$ 224,562.89. By virtue ofthe sale and purchaser's payment, under the authority oflaw, I hereby give and grant this Sheriffs Certificate of Sale to Washington Mutual, as purchaser, who will be entitled to a Sheriff s Deed for the property at the expiration of the period of redemption unless the property is redeemed prior to that date as provided by law. Upon the expiration of the period of redemption, being four months from the date of this sale, a Sheriff s Deed will be executed conveying the property to the purchaser or its assignee as the holder of this Sheriff s Certificate of Sale. IN WITNESS WHEREOF, I set my hand this ~ day of July , 2008. DJdjj~ Lincoln County, Wyoming STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) Subscribed and sworn to before me by Bart J uland e r , Deputy Sheriff, Lincoln County this 1st day of July ,2008. ~~f~c1 r\~ NOTARY PUBLIC My Commission Expires: AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE COG862 STATE OF WYOMING ) ) SS ) COUNTY OF LARAMIE Timothy C. Kingston of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is an attorney admitted generally to practice law in the State of Wyoming and is a partner of the law firm Graves, Miller & Kingston, LLC, who are the attorney's representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated October 23,2006 (the "Mortgage"), and recorded on November 13, 2006 in Rec # 924350, Book Number 639, Page 882 in the Mortgage Records in Lincoln County, State of Wyoming wherein Jason Langlois and Shylo Langlois, husband and wife as tenants by the entireties ("Mortgagor") the named mortgagor, and Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006-11 is the named mortgagee. All in the records of the County Clerk in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provision 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 requeted, mailed to the last known address of the record owner and the person in possession at least ten (10) days befqre commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclose Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was publishes, as follows: CERTIFIED MAIL No. 70080500000168532494 Jason and Shylo Langlois P.O. Box 20798 Cheyenne, WY 82003 3. That the date of mailing ofthe notice of intent to foreclose the Mortgage was May 29, 2008 and the date of the first publication of the notice of foreclosure sale was June 5, 2008 FURTHER AFFIANT SA YETH NAUGHT. By TImothy C. Kin on Graves, Miller & Kingston, LLC. 408 West 23rd Street, Suite 1 Cheyenne, WY 82001 (307) 638 - 8885 Subscribed in my presence and sworn to before me by Timothy C. Kingston this ,n day of ,)Zc,,-<:. 2008. Witness my hand and official seal. My Commission Expires:~) I. . / 6f,s! Iz,' If AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) COG863 COUNTY OF LARAMIE Timothy C. Kingston, of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is a resident attorney admitted generally to practice law in the State of Wyoming and is a partner ofthe law firm Graves, Miller & Kingston, P.C. who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage.I. 2. That Graves, Miller & Kingston, P.C. as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,015.52 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Publication Costs Conduct Sale Recording Costs Sheriff's Fees 750.00 815.00 30.00 310.52 50.00 40.00 20.00 Total 2015.52 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 Graves, Miller & Kingston, P.C.. There is no agreement, express or implied, between such attorney's 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 only be 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 SA YETH NAUGHT. By: imothy C. Ki ston Graves, Miller & Kingston, LLC. 408 West 23rd Street, Suite 1 Cheyenne, WY 82001 (307) 638-8885 Subscribed in my presence and sworn to before me by Timothy C. Kingston this ~ day of '-Xl_,,,-- , 2008. Witness my hand and official seal. My Commission Expires: '8 /~/ Ii c' I( KElVIMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming " ¡f , '~TATE 01<' WYOMING ' ) JJOUNTYOF LINCOLN )ss. NOTICE OF FORECLOSURE Default h~ving occurred on a ~oÚ~lqge, ~~~~8,' C;>~.to,q~r, ,~~! ~q9Q,!f¡~'ít¡ri by Jason LanglOIs and Shylo LanglOIs"f1uiiban!d'ani:lwife'Iis"tenant'lj By tn!: en- t1firêíid-tóIL~Bèach Mortgage Company, to secure the-payment of a prom- ~i1isory note in the amount of $212,500.00, of even date therewith, which ::Mortgage enctµ'nberedthe.following-described real property located at 1908 Bailey ,Lane, LaBarge, WY 83123 and more fully described as: Lot 4 of Violà SubdiviSíon, Phase No.1, Lincoln County, Wyoming as described on 'the Official plat thereof. Which Mortgage was duly recorded on November 13, 2006, Rec # 924350, Book 639, Page 882, of the records of Lincoln. County, Wyoming. WHEREAS, the default in said Mortgage occurred by reason of the fail- ure of the Mortgagors or ¥signçesto Plj.Y thç, principal and the interest due thereon when the same became due and ¡)àyable and said Mortgage con- æ,ineda power of sale to the effectthat a defaultoccurring in the cqnditions itìereöf will authorize the Mortgagee or its¡¡ssignsat its or their option to çlèclare the debt secùredthereby to be due arid payab~~according 'to law to a~vertise and sell saidproperty to satisfy thesame~ and ' WHEREAS; ,no suit or proceeding h¡¡sbeeninstituted atlaw to recover tl!.edebt remaining secured by saidMò!-1gage or any part thereof; C' WHEREAS, the pròperty beingforedosed upon may be subject to othex: liens and encumbrancc# that will not'beextinguishedat the sale and any pro- ~pective purchaser should research the statuso{.title before submitting a bid. ~ ,NOW THEREF()RE, notice ishe~by given that the above-described real property will be, offered for sale and sold by the Sheriff of Lincoln County, 'Wyoming or his Deputy" to the highesi'and ,best bidder for cash, at public ;Ycndue, at the hour:oflO:oo 0' clock am, on the 1 "day ofJuly, 2008, that the ~,Pnount due and owing as of the date of this notice is TWO HUNDRED -'fWENTY SEVEN THOUSAND oNE HUNDRED AND TWO AND 67/ 100 ($227,102.67) unpaid principal, late' fees and un-paid taxes, plus interest to date of the sale from February 11,'2008 plusattomey's fees and costs of ,the foreclQsure action; said'sale to take placè at the front door ofthè Lincoln -Qounty Cotirthouse Building, Kemmerer,Wyoming. ~::: DATED this 29th day of May, 2008;: ' <~-t June 5, 12, 19,26: Washington Mutual c/o Graves, Miller and Kingston , , 408 W. 23'" Street Cheyenne, WY82OO1 (307) 638-8885 0605 ROSEMARY WELLEN· NOTARY PUBLIC County .. .... at LIncoln WyoøI/II M CommisSIon Expires 5, 2012 Cvvo64 Kemmerer vlyoming II __ STATE OF WYOMlJ~G ) S5. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the ,Kemmerer' Gazette, a weekly paper of genera] circulation, published once a week ;It Kemmerer, Lincoln County, WYOl1lJl1g; that the notice attached hereto, and whic h is part of the affidavit, was puhlished j n said newspaper for ~ insenions, the first publication having been made on the --.5 day of ~L!JLíÎ " A.D., 20-0..8-, and the last pub] ¡cation cn ..---- the ~ day of C{Jtf1 e. ..--.- A.D., 2011ß-; that said nolice was published in a regular and entire issue (If the paper(s) in which it was pl1bJj~;hed; and that said notice was published 111 tl"e neWspaper proper, and no I 111 a supplement. ----. en, Publisher Subscribed in my presence and sv,'orn to (" )