The URL can be used to link to this page

Home My WebLink About941194 6010816934 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) Ü00:124 COUNTY OF LINCOLN 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 August 7, 2003, executed and delivered by Cary Lynn McMurdo and April P. McMurdo to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage and (b) that certain mortgage dated August 7, 2003 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 13, 2003, at Reception No. 892437 in Book 530 at Page 621 , 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: 1 f " I ./ 'A PORTION OF THE SE1/4NW1/4 OF SECTION 7, T31N R 118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE NORTHEAST CORNER OF SAID SE1/4NW1/4 AND RUNNING THENCE SOUTH 300 FEET TO THE POINT OF BEGINNING; THENCE S 79°40' W 274.30 FEET; THENCE S 6033',57.56 FEET; THENCE SOUTH 55°17' E, 232.00 FEET; THENCE N 79°48' E, 73.76 FEET TO THE EAST LINE OF THE SE1/4NW1/4, THENCE NORTH 225.45 FEET TO THE POINT OF BEGINNING. TOGETHER WITH RIGHT OF ACCESS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT APPROXIMATELY 303.73 FEET IN A SOUTHWESTERLY (S 35°55'E) DIRECTION ALONG U.S. HIGHWAY 89 ARC FROM A CONCRETE MONUMENT MARKER (BEING A U.S. HIGHWAY RIGHT OF WAY MARKER DESCRIBED IN QUITCLAIM DEED RECORDED JANUARY 13, 1982 IN BOOK 183 PR ON PAGE 806) IDENTIFIED IN T.S. STA 617 + 64.88 OF SAID HIGHWAY; THENCE N 74°04'18"E, 472 FEET, MORE OR LESS TO THE EASTERLY BOUNDARY OF ABOVE DESCRIBED LAND. SAID EASEMENT TO BE 60 FEET IN WIDTH TO THE SOUTH AND EAST OF THE ABOVE DESCRIBED LINE. with an address of 82370 South US Highway 89 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 Major Mortgage ("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 COSPkg RECEIVED 8/12/2008 at 1 :05 PM RECEIVING # 941194 BOOK: 702 PAGE: 124 JEANNE WAGNER LINCOLN COUNTY CLERK, I :RER, WY Certificate of Sale McMurdo 08-12527 Page 1 of 7 000125 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 July 17, 2008 issue of said newspaper and ending with the August 7, 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 August 12, 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 $110,914.24 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage ("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 $2,057.64 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 August 12, 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 McMurdo 08-12527 Page 2 of 7 (;0&126 DATED at Kemmerer, Lincoln County, State of Wyoming, this 12 day of August , 2008. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: Deputy SHeriff ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by Clif f Bôyd Deputy Sheriff of Lincoln County, State of Wyoming, this August , 2008. presence and 12 , day of Witness my hand and official seal. ~~(Ü ~·t.H'Nn(!--ë5J l{JQ LL Notary Public My Commission Expires: .:tf/;""'-..... SAVANNA L. HAWKES - NÒTAR PÚBLlC STATE OF WYO ING COUNTY OF LINCOLN My Commission Expires COSPkg Certificate of Sale McMurdo 08-12527 Page 3 of 7 EXHIBIT A 000127 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 August 7, 2003 (the "MortQaQe"), and recorded on August 13, 2003, at Reception No. 892437 in Book 530 at Page 621 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 Cary Lynn McMurdo and· April P. McMurdo ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage 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, tQ all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 71786575345000093004 CERTIFIED MAIL NO. FSN: 71786575345000094780 Cary Lynn McMurdo 82370 South US Highway 89 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000093028 CERTIFIED MAIL NO. FSN: 71786575345000094803 April P. McMurdo 82370 South US Highway 89 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70072560000189872224 CERTIFIED MAIL NO. FSN: 70072560000189886122 Mortgage Electronic Registration Systems, Inc., as nominee for M~or Mortgage 1000 Technology Drive, MS322 OFallon, MO 63368-2240 CERTIFIED MAIL NO. NOI: 700725600q0189872231 CERTIFIED MAIL NO. FSN: 70072560000189886146 Mortgage Electronic Registration Systems, Inc., P.O. Box 2026 Flint, M148501-2026 CERTIFIED MAIL NO. NOI: 71786575345000093011 CERTIFIED MAIL NO. FSN: 71786575345000094797 Cary Lynn McMurdo PO Box 404 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000093035 CERTIFIED MAIL NO. FSN: 71786575345000094810 April P McMurdo PO Box 404 Afton, WY 83 I 10 CERTIFIED MAIL NO. NOI: 71786575345000093042 CERTIFIED MAIL NO. FSN: 71786575345000094827 Occupant 82370 South US Highway 89 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70072560000189872217 CERTIFIED MAIL NO. FSN: 70072560000189886139 Cary Lynn McMurdo and April P. McMurdo, as Trustess for Thunderstick Ranch FamilyTrust 82370 South US Highway 89 Alton, WY 831 \0 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 2, 2008 and the date of the first publication of the notice of foreclosure sale was July 17, 2008. COSPkg Certificate of Sale McMurdo 08-12527 Page 4 of 7 FURTHER AFFIANT SA YETH NAUGHT. ~Y~nl!!dM Castle, Meinhold &Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 0001.28 L Subscribed in my presence and sworn to before me by Danetle Baldacci this .2:L day of ~, 2008. Witness my hand and official seal. . ~J~JL~ Notary Public '\ My Commission Expires: Z l2C)ll2.. NO 'A PÚBLlC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA M Commission i:xplres Feb 20 2012 COSPkg Certificate of Sale McMurdo 08-12527 Page 5 of? EXHIBIT B (!lOT';1~Q ... ',,~ V . j.:.;,J PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDA VIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming . FORECLOSURE SALE NOTICE WHEREAS, default in thepl!-yment of principal and interest has occU{fed; under. the terms ofa.promis.sorynote (the UNote")ql!-tç.~lAugust7, 2003;: execu.tMand. deIiveredby Cary Lynn McMurqq,¡¡ndi4:pril.:p.;McM,1Írdò i (UMortgagor(s)")toMortgage EI~tronic ~~~ªÍf!!ti()nSYStec~', as ~()Ipi_ : . neeför Major~Ortgllge, aIld a rraI estate.·IJlqftg~Ç.(th7'~ .. .. .g~'()()f the ! same dIlte secunngthel'fote, which Mortgage was eXecuted andd,eIivereQ.by t said Mortgagor(s), to said Mortgagee, and whic1:rMo~gagewasrecorded on: August 13, 2OQ~,; at Reception No. 892437'in~oo~,530I:tt.eag~621 ,in,the \ records of the Qffice of the County Clerk andex-officioRegistero! Deeds in : and for LincqIn County, State ofWyoming;"and,,;., 'r> ..,:;,;;~.,:' ¡ WHEREAS, the Mortgage!cpn&Sa pOW~I'()fsalrWhièh:'bYreasonqf¡ said..defaUlt, ,the Mortgag~,de~.l~sitohave'Þec9Weope~lití"~;llI1dn)sÙitb¡' ¡ proceeding has b.een institute411~:~!!»i'I~:~()yer!h~4rbtsec~d b~!heM,ort7 ¡ gage' or aIly,p.~ther~of;nor,h~,'!WX~.e9~.s.~~:.()rprofe~~~!be~l1wstiw.ted J and the saroe¡<li~contInuM;, an~¡"/:;(fl";(!"::·)'i""",;.,i'.' .....;, . :',;, . f , . ;~~;~:I;,"II1iten n()'~S~¡!)fm!e~t·tPJoreClo~et!4~;~B~~age. þy ~r~r-! ,tisement'~d"¡¡µehas bec;n;.$"rveduponthe~c()1'd'QW9~r;an4the'.paI"tY m t :pos~e~~~()p()fili!:;.n}Q~g~~~ ·.,.~~~;!'t I~ÍIii~!~Ilq,º);ê!~y.s ;pti()rto¡~é.q~ln~ ¡ ,men~~)1lent,ot}thi~p~þ'M . . .~t·· rq~~~ftJW.~ 70~tþe: f¡Jate,oftlrs~pu,bIication;pf., Inòqç~ @s~ . .p~127 j WIµQ~ sµm,copsis~;of;.åi .f'.~19?¡8~$!8~~plq~ím~ ! ~ere~t'acq'U~dJo\.~ !I:}W,ti,9P'~~~J~Rl1nt ¡ pf,·$f¡~?7;p'íP iW!~i~)' .oq~~~:-i .iµg,pbl\fges:( . ..e$!,.. . . ....~p,~pªe4,: anq.acçJ:UiniJ¡· .,. ~·pubI,ìE~p.on,.o~pus ¡ ~otise ofsaIe;"fii ", ......... . ......¡,',i,,·· .... ....,,{( ......,.';p!. ! ,. . ·.··)y1:IB~~~~·~Th~'pm 1iRp~"m~x¡k7:~µbj~ct YI9t/1er · liensaIld~ncµrnþr3D,ce!l . " . .sÞ.~di:a~th,ÿ.'s!le:AriY'pro- ! S. pe. C. ti....."..'e.'.... PUf. '...'c. ·.h.. .as.'. '.er. .. S. boo '.u. .1d.. . '~µ~;~f?ftr.¡. .s.".~¡R.'tm.. '.' '.' ~. ". .. ..g... ja.þ....~,:.':... i '. .. NOW; ','[HEIŒFQRE' . .'l¡1ï~ysl~ms, :ri1ct;~ iIlQ¡iIin~f.of~~jPI:¥ßtt :,;:,the M9ìf~a&~Jox:e" cloªe~asby¡1~~,~rl(t r" . pertyJ?,be sol~l"at pµþ~cyen~e,þ~."~e..She.· {t."r . ,. .... ()r.r..h1<;o}n <;pu~;: W}\.o111ingto'thè:high,~stbi,)'(9t'~ .. "i '.' loékinthè.J?J:enOoIj' Pn.: Augu!lt 12, 2Þ9~at.the front49.?fi,p .', .': ç.oln <;:oµnty C()~oµse}oca~d~ at Q:z~Sage Avén.ue;.I<:emwe~r,¡~iìL· . þiCÇoµnt)Ì; forapplÌçationon:the: above-described'amounts sepwed,þyij¡¿ "'age,.said.Il1oJ;tg~g!:d propefu': being describedl\S. follows, ~9.:\vit:'1:~S'I~f!' .... ".' ....: '/;'" . "'i'fi: :i '.;.,,; : : ',APORTIONOFTIIESE1I4NW;Ü4X....... iSECTION7;T31NR1l8W·ÖF: iI'HE 6rn P.M:,LINCptii-i\C.Qu,NrY;Wi¥PMINQ,MQRE PAß.1:'Iêµ-: [,ARLY:;PESC~~J)/~§;F()~ºw~·:r:QßgJ:NNING\AT A BRA:~S,C;:AJ.>: MARK.INGTHE;>NQRTI-J.E,AST'ÇØRNEE.'QFtSAID.'SEII4NWl14.ANP' RUNNINQTHENCE ~K)trfit 300'J;'EBlJ/roTiJåppI:l')ITQJ1 :BEþ~; i iT.' HE. NCE'S.'7. .19~4.0'i~iW.......... i!...7'ii..l\,~~O'EE.~E...·.';I'.".;THEN. C'. E. S...~P33::.,. :5..7...$6.,.,..Ea.,.:.,aT.;: THENCE SOUTH55°17",E¡;232.00~ THEI~'(;;EN79°48'.E.73¡76~T: TO THE EAST I:.JN:E OÈ·nœSEI/4NWI/4,'WßENCE1'NOR1'n.22~.f1.5: FEET TÇlTHE.POINT 9~BEGiNNIN~tTPq~~'@'fH'R1GHT';QF: ACCESS.QESCRIBEP AS'FOLLOWS:,B.EQ~Q·:À',rA,.p()INT,~~: PROXIMATELY 303.73 FEET IN A SO~~Y(S:~$055tÊ) QI-; RECTI0tf ALONG. U.S.' HIG.HWAY$9::A.R.(;!FR()~AÇ()NCR.ETE: MONUMENT MARl{ER·'(BEINGAU.S.IDGtl\YAY;,RIGf,I!F,ÖE',W4Y: MARKER'.DESCIUBED.IN,.QU1TÇLAJ1v1'J)J3Eb:RE¢OIIDEÐ;~AI~1~i\~Y: 13, 1982 IN BOOK 1~3PRONPAGE806) ID~DIN 'I'¡S¡ STA§~ 7: + 64.88. OF SAID HtGHWAY;'tHENCE N,14°04'18"E,472.J"EET,MOI,Œ: ORtEsSTO THEEAS~Y,BOUNI;>~YOFABOVE'Ì>ESºU1lijP: LANJ).$AIÞ EASEMENT TO BE 60 FEET IN WIDntTO 'ItJ:?SOttfH: AND EAS'f OFTIffi ABQVE DESCRIBED LINE. '1,.'. , ROkUARY CAPEliN. NOTMY PUBLIC eoc..,,, .... at UIIctII . ....... COIIIIIIItafen E~ I'.. 5, 2012 with an address of82370 Sqµth US High'ay89, A.ftqn,wY~3,iW.:; : Together withaII improvemønts thereon situlltean~'an'~~~.\1ttdltpp1¡ir-: ~nances.theretO. '. .' . . ..' .'::,,;;,-,,', , , M6I!g¡tge,:~ectronic Regi~tl'ation sxstems,Inc.;asnq~~~'Mfor~~Þri .' '. '. , ..... >',"i ortgage; . .By: Danet.te'Bald~cci, . .. . ~ CastIe.Meinhold8i'StawiaiSId: .. LegalSetvic(\s;ui,çi 330 S. WalshDrive,Ste. 202, Casper, WY 826Q9-()()()(): . . . (307) 333 5379: . 'ublish: JUly 17, July 24,July 31,.August7 ". " 07i7A: Kemmerer Wyoming STATE OF WYOMING ) ss. County of Lincoln . J I, Michael Jensen, d.o 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; I that the notice attached hereto, and which is part of the affidavit, was published in saId newspaper for ~ insertions, the first publication having been made on the J:L day of ~Jlt A.D., 20-.i2£L, and the last publication on the -L day of ~ A.D., 20--D2.L; that sW nolice was published in a regular and entire issue of the paper(s) in which it was published; and that said n"otice was published ]J1 the . , newspaper proper, and no! 111 a .' supplement. ~~ Michael nsen, Pubhsher ., - Subscribed in my presence and sworn to _ __u..__.__ _. __.._ McMurdo 08-12527 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) 0001.30 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 $2,057.64 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 Sheriff's Deed Sheriff's Fee - Sale Sheriff's Fee - Costs 700.00 565.00 134.29 27.35 513.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,057.64 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. -, y: Danette 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 ~ day Of~, 2008. Witness my hand and official seal. bbÞ~-Jd~Li~ Notary Public My Commission Expires: 2l '2. 0 [I 'L COSPkg Certificate of Sale cMurdo 08-12527 Page 7 of 7