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Home My WebLink About940714 6010816829 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) ,2·0C>4S0 COUNTY OF LINCOLN 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 December 14, 2006, executed and delivered by Robert A. Wanner and Serena K. Wanner to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. and (b) that certain mortgage dated December 14, 2006 (the IMortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 15, 2006, at Reception No. 925357 in Book 643 at Page 519 , in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincolnl County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to-wit: I ! LOT (40) IN PRATER CÄNYON ESTATES UNIT FOUR (4), LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THERETO. i with an address of 168 Prater Canyon Drive, Star Valley Ranch, WY 83127 i Together with all improvem~nts thereon situate and all fixtures and appurtenances thereto. I I I . 3. That no suit or proc~eding has been instituted at law to recover the debt secured by the Mortgage, ior any part thereof. I I 4. That the power of sa:le contained in the Mortgage having been made operative by reason of such default, Mortgage Electronic Registration Systems, Inc as nominee for Taylor, I Bean & Whitaker Mortgage Corp. ("Mortgagee") elected to foreclose the sarile and at the request and direction of Mortgagee a written notice of the intention Ito foreclose the Mortgage was served upon the record owner and the party in pqssession of said real property at least ten (10) days prior to commencement of ~he first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this I reference made a part hereof. I 5. That Mortgagee has paused publication to be made of a notice of foreclosure sale in the Kemmerer¡ Gazette, a newspaper published and having general circulation in Lincoln CounW, State of Wyoming, once a week for four (4) consecutive weeks, commencing ¡with the June 26, 2008 issue of said newspaper and ending with the July 17, 2008 issue thereof; that said notice was mailed, certified mail, return receipt req~ested, 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 reqllJirements of the statutes relating to foreclosures of mortgages by advertisemønt 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 paH hereof. I COSPkg I RECEIVED 7/22/2008 at 12:23 ~IM RECEIVING # 940714 BOOK: 700 PAGE: 480 i JEANNE WAGNER J LINCOLN COUNTY CLERK, KEMM RER, WY Certificate of Sale Wanner 08-10977 Page 1 of 7 C;O~)4G1. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On July 22, 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 $237,352.31 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp. ("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 $2,088.31 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 22, 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 22 day of July , 2008. Shane Johnson Sheriff in and for Lincoln County, State :~wy~ Print Name: Kenneth Yellen Title: Deputy Sheriff COSPkg Certificate of Sale Wanner 08-10977 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by Kenne th Yellen Deputy Sheriff of Lincoln County, State of Wyoming, this July , 2008. Witness my hand and official seal. My COl11mission Expires: ''!-:Jfi ~:J {; /1 !1{L'Lf<?D '·"0""4 2 L' 'v; ~ presence and , 22 day of Jenny Clarkfl ' Ne¡til1ty Publlo . ./·~~·ì'· County of . ..,'.... . ~;\ State of Lincoln . . Wyoming , / 'US ¡,iC'¡1 My Commission Expires" .. ), ,. -~- COSPkg Certificate of Sale Wanner 08-10977 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE C00483 STATE OF WYOMING COUNTY OF NATRONA ) ) 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 December 14, 2006 (the "MortQaQe"), and recorded on December 15, 2006, at Reception No. 925357 in Book 643 at Page 519 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 Robert A. Wanner and Serena K. Wanner ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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: 71786575345000086709 CERTIFIED MAIL NO. FSN: 71786575345000089601 Robert A. Wanner 168 Prater Canyon Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000086723 CERTIFIED MAIL NO. FSN: 71786575345000089625 Robert A. Wanner P.O. Box 1901 Wilson, WY 83014 CERTIFIED MAIL NO. NOI: 71786575345000086747 CERTIFIED MAIL NO. FSN: 71786575345000089649 Robert A. Wanner 110 East Dewey Shawnee, OK 74801 CERTIFIED MAIL NO. NOI: 70072560000189881202 CERTIFIED MAIL NO. FSN: 70072560000189877151 Mortgage Electronic Registration Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp. 1417 N. Magnolia Avenue Ocala, FL 34475 CERTIFIED MAIL NO. NOI: 70072560000189881196 CERTIFIED MAIL NO. FSN: 70072560000189877168 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000086716 CERTIFIED MAIL NO. FSN: 71786575345000089618 Serena K. Wanner 168 Prater Canyon Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000086730 CERTIFIED MAIL NO. FSN: 71786575345000089632 Serena K. Wanner P.O. Box 1901 Wilson, WY 83014 CERTIFIED MAIL NO. NOI: 71786575345000086754 CERTIFIED MAIL NO. FSN: 71786575345000089656 Serena K. Wanner 110 East Dewey Shawnee. OK 74801 CERTIFIED MAIL NO. NOI: 71786575345000086761 CERTIFIED MAIL NO. FSN: 71786575345000089663 Occupant 168 Prater Canyon Drive Star Valley Ranch. WY 83127 Certificate of Sale Wanner 08-10977 Page 4 of 7 C00484 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 10, 2008 and the date of the first publication of the notice of foreclosure sale was June 26, 2008. FURTHER AFFIANT SA YETH NAUGHT. \~~~ß fliy~ By:- anette Baldàêci 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 ~ day of :::J~ ' 2008. Waness my hand and Offi~1 ~ Not Public My Commission Expires: 2--1 '1!;,-[ D . LlC . VNN NEUBERGER ..., F WVOMING STA~W' OF NATRONA ommis~~~ Ex ires Feb 13 2010 COSPkg Certificate of Sale Wanner 08-10977 Page 5 of 7 EXHIBIT B C0041J5 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ~.. FORECLOSURE SALE NOTICE WHEREAS, default irt the payment af prilicipll andinteresthas accurred ~~er the tems of a pramissary nate (the "NÖte") dated December 14,2006. e.~ecuted and delivered by . Rabert A. Wanner and Serena K. Wanner (!,¡,Mortgagar(s)") to. Martgage Electronic Reg¡stratian Systems,lnc., as nonii- 1'ÍèHar Taylar, Bean & Whitaker Martgage Carp., and a real estate martgage (the "Martgage") af the same date /lecuring the Nate, which Mortgage was executed and delivered by said Martgagar(s) , to. saidMartgag~, and which Martgage was recorded an December 15, 2006', at Receptian No.. 925357 in ~ook 643 at Page 519 in the records af the afficeaf the Caunty Clerk and ex- afficia Register af Deeds in and far Lmcahl CaÙDtY, state af Wyamihg; . and WHEREAS, the Martgage cantains a pawer af sale which by reasan af sl!id default, the Martgagee declares to. b,avebecome. øpel'ativè¡' and'no suit ar proceeding has been instituted at law to. recaver:the debt sèCured by the Mart~· gigo, or any part thereaf, nar has any such suit ar proceeding been instituted and the same discantinued;and .. .... . .... .... . .. ~'WHEREAS, written natice af intent to. fareclase the Martgage.þy adver- tis-èment and sale has been served upan the ~ard awnerand the party in passe~sian af th~ mortg¡¡.ged~mises at least ten (lO)dayspriartathe cam- m~ncemerit of'thispubücation;and the amaunt due upan the Martgage anthe dåtè affust.pub)i(:a~anof this nati~af sâ1~bPing th~tóta1'Sum Öf $230,376.48 which sum cansists afthe unpaid principal ball:lIlceaf$214;913;6J plus in- terest accrued to. the date .af. the firstpublicatianaf this natice in. the amaunt of~$14,909.51, plu~ìate charges in the.' amount of $147.36, plus ather aut- sfi!nding charges irt the ainauntof, $346.00, plus attarneys' fees, casts ex- Rended, and accruinginte~t and late chargesafterthedatea,f fir~t publica- tÍonafthis,naticeafsale;.. .' ........,..... '. . .r ' .... '-:' WHEREAS, The propertybeing'fo(eclased uþan may be~ubjectto ather liolis and encumbrl:lIlces that will not beextingùishe,d àtthe sale: Any pra- spective purchaser shauld researçh the ~,tatus af titlè tx;fare,suþmitting a bid; . NOW, 1:'HÈREFQ~ Mot1gage¡Elci,þtronic Registra~o~Systems, Incas nominee, farTaylor,.B~an & Whitakel' Martgage Corp.; as tile Martgagee, will have ~e Mortgagefareclased, as bylaw provided by causing the mart- g~ged praperty to. be saId at public venue by the Sheriff or Deputy Sheriff in and far Lincoln Caunty, Wyaming to. the highest bidder far cash at 10:00 a:clock in the Jorenaan an July 22, 2008, at the ,frant daar af the Lincaln C.p~ty Caurthause lacated at 925. Sage Avenue, Kemµterer, WY, Lincaln <:"ounty, farapplicatian.an.the above-deScribed amaunts secured by the Mart- g~~e, said martga~edpropertybeing described as,fallows,to-wit: ::". Lor (40) INPkATER'CANYON~T^TES UNIT FOUR (4), LINCOLN eOUNTY, WXb,M1NØ!J\SP~SCRJB~W,:ONTHE PFFICIAL' PLAT TtmRETO: .,..) ", ."~i..~~: ..:·.··>',,:.··..·.·,;í~\'.. ..; .. ... h,!:,"<,.,? ...,.... '.. .... ............'..... ....',.. ;r;'withan", 'f,:Jß ·Y~á1ien:"~.83J2.7. ~Œri1·,~~t¢.~6;.;~.):;" .. ··~S~Dr~~~- ~¡.,: Martgage Blec . ,..förifaYlar, :.., . ·er·MbrtgágèCorp: :;; . . By: Danette Baldacci ~"Castle, Meinhald & Stawiarski ~...!" ·.,·Legal.Services, LLC :~ '330 S.Walsh Drive; Ste. 202· ::~ ;' '~".'.:;'" ':'.' ~,::._,!·':·,:~~\'.':'~~çj~~t-,...-iW}¥1j8.26,Q.9,?opoQ :~~ .'. ... .., .P"";" ., "(307) 333 5379 fUblish: ]une26, 2008, ]ul~3, 10,17,2008 0626B ROSEMARY WELLEN· NOTARY PUBUC County or . Statuf Uncoln Wyomilll M Commission E~plr.. 5, 2012 VVVI n.~ Kemmerer v\fyoming II __ STATE OF WYOMING ) ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the. 1< emmercr . Gazette, a weekly paper of generaJ circulation, published once a week ;It Kemmerer, Lincoln County, ,Vyoming; that the notice attached hereto, al1d which is part of the affidavit, was puhlished j 11 said newspaper for ~ insefl:ions, the first publication having been made on tbe -2.k day of ~Ul1. u__._ A.D., 20~, and the last pubJi,:;ation 011 the --1'l day of cyy ~~___ A.D., 20~; that saidnolice was published in a regular and entire issue (If the paper(s) in which it was publj~;hed; and that said notice was published 111 th~ newspaper proper, and nol 111 a supplement. ..--- Subscribed in my presence and sworn to b .~......' -""'. ~I"""""'~"" "". _......_ Wanner 08-10977 Page 6 af 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) COC4S6 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 $2,088.31 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication Cost Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs 600.00 793.00 144.51 27.80 405.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,088.31 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 ~AX~TH NAU?HT"1 ..~ , , ) ,-' , "S;~,;l)·t·V· ~ By: Danette Ba eta i Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Subscribed jn my presence and sworn to before me by Danette Baldacci this ~ day of ~~ ' 2008. Witness my hand and OffiCia¡' eal. . ~JL Nota Public My Commission Expires: ;;;2-13-[ ù COSPkg Certificate of Sale Wanner 08-10977 Page 7 of 7