The URL can be used to link to this page

Home My WebLink About940390 "7. -/., jj Ie¡ :, L ~ <è 6010816733 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN 600465 of lawful age, being first duly sworn upon his oath, states and certifies as follows: Shane Johnson 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 20, 2007, executed and delivered by Debbie Azevedo and Guy Azevedo to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. and (b) that certain mortgage dated September 20, 2007 (the "Mortoaoe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 25,2007, at Reception No. 933435 in Book 673 at Page 315 , 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: THE SOUTH 300 FEET OF THE EAST 530 FEET OF THE SOUTWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 33 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING. ALSO, THE NORTH 943.14 FEET OF THE EAST 530 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 33 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING EXCEPTING THEREFROM THE NORTH 696.57 FEET AND THE EAST 353.31 FEET OF THE EAST 530 FEET OF SAID SECTION 35. ALSO, THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SECTION 35, TOWNSHIP 33 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 263 PR ON PAGE 80, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, FOUND AS DESCRIBED IN THAT CERTIFIED LAND CORNER RECORDATION CERTIFICATE FILED IN THE SAID OFFICE; THENCE SOUTH 00 DEGREES 25.8' EAST 22.10 FEET, ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, TO A 3/8 INCH X 12 INCH STEEL SPIKE; THENCE SOUTH 89 DEGREES 24.4' WEST, 24.29 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF THE SOUTEAST QUARTER, MARKED BY A PIPE; THENCE NORTH 89 DEGREES 38.5' EAST, 535.16 FEET, ALONG THE SAID NORTH LINE TO THE POINT OF BEGINNING with an address of 3340 State Highway 238, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: .' Assignee: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: May 14, 2008 Assignment recorded: May 21, 2008 Assignment recording information: at Reception No. 939178 in Book 695 at Page 152 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. COSPkg RECEIVED 7/8/2008 at 11 :58 AM RECEIVING # 940390 BOOK: 699 PAGE: 465 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY Certificate of Sale Azevedo 08-09023 Page 1 of 7 000466 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, First Horizon Home Loans, a Division of First Tennessee Bank National Association ("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 June 12, 2008 issue of said newspaper and ending with the July 3, 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. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On July 8, 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 $351,353.17 ("Bid Sum"), which was bid and offered by First Horizon Home Loans, a Division of First Tennessee Bank National Association ("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 $2,563.79 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 July 8, 2008, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Azevedo 08-09023 Page 2 of 7 000467 DATED at Kemmerer, Lincoln County, State of Wyoming, this 8th day of July , 2008. Shane Johnson Sheriff in and for Lincoln County, State :~WY0:t~ _ pr~e: Jeramy Pittsley Title: Deputy Sheriff ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Jeramy Pittsley , Deputy Sheriff of Lincoln County, State of Wyoming, this Rt~ day of July , 2008. Witness my hand and official seal. \ Oa lYWrvn n.. ci ~\ ~2t? 1J . Notary Public My Commission Expires: .~~~V'-"'J.\;'~-:. ~AVANN^ I., HAWKES - NOTARY PUBLIC COSPkg Certificate of Sale Azevedo 08-09023 Page 3 of 7 .j( EXHIBIT A 000468 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 September 20, 2007 (the liMo rtç¡ aç¡ e") , and recorded on September 25, 2007, at Reception No. 933435 in Book 673 at Page 315 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 Debbie Azevedo and Guy Azevedo ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: May 14, 2008 Assignment recorded: May 21,2008 Assignment recording information: at Reception No. 939178 in Book 695 at Page 152 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 C0mmencement 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: 71786575345000083708 CERTIFIED MAIL NO. FSN: 71786575345000085610 Debbie Azevedo 3340 State Highway 238 Afton. WY 83 11 0 CERTIFIED MAIL NO, NOI: 71786575345000083722 CERTIFIED MAIL NO. FSN: 71786575345000085634 Guy Azevedo 3340 State Highway 238 Afton. WY 83110 CERTIFIED MAIL NO, NOr: 71786575345000083746 CERTIFIED MAIL NO, FSN: 71786575345000085658 Debbie Azevedo 3140 N, Brooks Creek Road Arlington. W A 98223 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000083715 CERTIFIED MAIL NO. FSN: 71786575345000085627 Debbie Azevedo PO Box 878 Afton. WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000083739 CERTIFIED MAIL NO. FSN: 71786575345000085641 Guy Azevedo PO Box 878 Afton. WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000083753 CERTIFIED MAIL NO. FSN: 71786575345000085665 Guy Azevedo 3140 N. Brooks Creek Road Arlington, WA 98223 Certificate of Sale Azevedo 08-09023 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000083760 CERTIFIED MAIL NO, FSN: 71786575345000085672 First Horizon Home Loans 4000 Horizon Way Irving. TX 75063 CERTIFIED MAIL NO, NOI: 71786575345000083777 CERTIFIED MAIL NO. FSN: 71786575345000085689 Occupant 3340 State Highway 238 Afton. WY 83110 CERTIFIED MAIL NO, NOI: 7178657345000083784 CERTIFIED MAIL NO. FSN: 71786575345000085696 Lincoln County Treasurer P.O. Box 630 Kemmerer, WY 83101 000469 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 27, 2008 and the date of the first publication of the notice of foreclosure sale was June 12, 2008. FURTHER AFFIANT SAYETH NAUGHT. ~ . Jvift B : Danelle Bal~ Castle, 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 Baldacci this -ºL day of 011 U t: ' 2008. Witness my hand and official seal. ~~t~, ~1 ~~ otary Pu lie My Commission Expires: 2[ 2.0 L t 2.. COSPkg Certificate of Sale Azevedo 08-09023 Page 5 of 7 E) . B PUBLISHER'S AFFIDA vir t\ f" ¡/\¡ AI ~"! n :..J ilr 'I."¡; '~¡J; It" Iii,) -- AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming STATE OF WYOML\TG ) ss. County of Lincoln c' ' ~, . FORECLOSURE SALE NOTICE :tWHEREAS, defallltinthepaym~nt'of principal and interest has occUlTed uìÌder the tenns of a promissory note(the"Note") 4at~d,Septembe~ 20,2007, e'ietuted and delivered' by Debbie Azevedo. and' Gùy Azevedo ("~ortgagor(s)") to Mortgage Electronic RegistrationSystems,Inc.. as nomi- , nee for First Horizon Home Loans. a Division of First Tennessee Bank N.A., ~d~, re~ estate Ip'?I1gage (the "M9l1ga~ëìiò'f'tI'le!áàriiê date seêt:rlíhgthe N6të¡ 'WhichIM8ft~a:gè was executed and .delivered by said Mortgagor(s), to sMd'M~ágt!!?, llfitl which Mortgage was recorded on September 25, 2007, af.R.bception No. 933435 in Book 673 at Page 315 in the records of the office of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, S~te of Wyoming; and WHEREAS, the mortgage was assigned for value as follows: Assignee: First Horizon Home LotJls, a Division of First Tennessee Bank National Association Assignment dated: May 14,2008 AssißIllIlent recorded: May 21, 2008 Assignment recording infonnation: at'Reception No. 939178 in Book 695 at1J.age 152 . N1 in the records of the County Clerk and ex-officio Register of Deeds in an!i,for Lincoln County, Wyoming. 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 . proçeeding 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 in possession of the mortgaged premises at least ten (10) days prior to the com- n¢ncementofthis publication, and the amount due upon the Mortgage on the dà~e of firS\ publication of this notice of sale being the total sum of $345,067.48 whi~h sum consists of the unpaid principal balance of $331,896.63. plus in- te¡;est accrued to the date of the first publication of this notice in'the amount of $10,678.11, plus late charges in the amount of $420.32, plus an escrow advance in the amount of $1,748.73, plus other outstanding charges in the amQunt of $323.69, plus attorneys~ fees, costs expended, and accruing inter- es~ and late charges after the date 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 extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE First Horizon Home Loans, a Division of First Ten- nessee Bank National Association, as 'the Mortgagee, will have the Mortgage 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 o'clock in the forenoon on Ju!y 8, 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 bèhig described as follows, to-wit: "THE SOUTH 300 FEET OF THE EAST 530 FEET OF THE SOUTWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35. TOWN- SHIP 33 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN CÒUNTY, WYOMING. ALSO, THE NORTH 943.14 FEET OF THE EAST 530. FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QtJARTER OF SECTION 35, TOWNSHIP 33 NORTH RANGE 119 WEST OF~THE 6TH P.M., LINCOLN COUNTY, WYOMING EXCEPTING $REFROM THE NORTH 696.57 FEET AND THE EAST 353.31 FEET 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, Wyol11mg; that the notice attached hereto, and which is part of the affidavit, was puhlished ill said newspaper for ~ inserrions, the first publication having been ITwde on the -la day of ~n'tL,____ A.D., 20~, and the last publi<::atioll CIl the -L day of ~d____ A.D., 20~; that said nolice was published in a regular and entire issue (If the paper(s) in which it was publj~;hed; alld that said notice was published In tJ- e newspaper proper, and no 1 III cl supplement. ~~ - ~ichael sen, PUblishe'~-- Subscribed in my presence and sv,orn to II08EIMRi cwrw.iNO .or_ pWUC í ,~~ If .... If ~ .Cem. T III -= ~n:o~~i~~1i~~:~~~=~f~r:¢:ig~ 'ttŒ SECTION 35. TOWNSHIP 33 NORTÌI, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN ÇOUNTY IN BOOK 263 PR ON PAGE 80, DESCRIBED AS FOLLOWS: ~ÊGINNING AT THE NORTHEAST CORNER OF THE SAID NORTH- ,\ý:ÊST QUARTER OF THE SOUTHEAST QUARTER. FOUND AS DE- '~1UBED IN THAT CERTIFIED LANP CORNER RECORDATION CER- TIFICATE Fll...ED IN THE 'SAID OFFICE; THENCE SOUTH 00 DEGREES 25.8' EAST 22.10 FEET,ALONG THE EAST LINE OF THE SAID NORTH~ ~ST QUARTER OF THE SOUTHEAST QUARTER, TO A 3/~ INCH X 19;INCH STEEL SPIKE; THENCE SOUTH 89 DEGREES 24.4' WEST, 2Æ.29 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE ~~JD NORTHWEST QUARTER OF THE SOUTEAST QUARTER. M,ARKEDBYAPIPE;THENCENORTH89DEGREES38.5'EAST,535.16 ... . .... ,~ FEET, ALONG THE SAID NORTII LINE TO THE POINT OF BEGIN~.· :;.~ First Horizon Home Loans,'a DivisioIlof First Tennessee 'Bank National ÑING .... ··....··...........'..···.···..'><··..·.·········1;·;··· ,·······;<"··;.Association :::with an address of 3340 State Highway238,AftoIi,WY' 83110. r:~ . By: Danette Biùdacci ;:;. Together with all. improvements thereon situate and all fixtures and ap-!:. Castle, Meinhold & Stawiarski Legal Services. LLC pl!,rtenances thereto. .. n.1:; ;, 330 S. Walsh Drive, Ste. 202 ,'. ...., ..,Ç,~pe~~,~ 82609-0000 ~blisli:' Jlli1ê ··12, i'9,26;j¡i1Y·~!:;2Ó<)S !'!!;Ki;·;..·;'A:.'.,\i:,'[i:'.'·g.~j\1;,h!·Y~:f,.~~;~Zð~·~~gf?~;. 2- day <,f . .,2U~_. ,.J Certificate of Sale Azevedo 08-09023 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY 000471. 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 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 $2,563.79 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication Costs Record AOM Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600.00 1,063,00 122.99 27,80 621.00 11.00 50.00 26.00 11.00 11.00 10,00 10.00 Total $2.563,79 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 SAYETH NAUGHT. ~,Nf1¡ ~ By. Danette Bald cci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 t Subscribed in my presence and sworn to before me by Danette Baldacci this ~ day of ~ u1A¡- , 2008. Witness my hand and official seal. b~~~ Notary Public My Commission Expires: z[z.6lLZ,. COSPkg ertificate of Sale evedo 08-09023 Page 70f7