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Home My WebLink About941882 ,*" 6010817006 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) ,,00736 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 July 9, 2004, executed and delivered by Randy Boettler and Sandee Boettler to Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan and (b) that certain mortgage dated July 9, 2004 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 27, 2004, at Reception No. 901409 in Book 563 at Page 185 , 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: PART OF SECTION 13, T32N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBEP AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 13 AND RUNNING THENCE N125'E, 264 FEET; THENCE WEST 215 FEET; THENCE S125' W, 264 FEET TO THE CENTER OF THE COUNTY ROAD; THENCE EAST 215 FEET TO THE POINT OF BEGINNING '7L-- If '<f I, ", with an address of 1 0 Kennington Burton Cty Rd 136, 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 August T, 2008 issue of said newspaper and ending with the August 28, 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, COSPkg RECEIVED 9/212008 at 10:08 AM RECEIVING # 941882 BOOK: 703 PAGE: 736 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale BoeHler 08-14419 Page 1 of 7 000737 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 September 2, 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 $117,659.84 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan ("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 $1,899.31 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 September 2, 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 2 day of September , 2008. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title:· Deputy Sheriff COSPkg Certificate of Sale Boettler 08-14419 Page 2 of 7 000738 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by DOUG ROBERTS Deputy Sheriff of Lincoln County, State of Wyoming, this September , 2008. presence and , 2 day of Witness my hand and official seal. ~ ~.. J (ß00fnJ~vj-0 . ~('\-U QQ!2-- Notary Public My Commission Expires: COSPkg Certificate of Sale Boettler 08-14419 Page 3 of? EXHIBIT A OOú739 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENTTO 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 July 9, 2004 (the "Mortqaqe"), and recorded on July 27, 2004, at Reception No. 901409 in Book 563 at Page 185 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 Randy Boettler and Sandee Boettler ("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: 71786575345000097156 CERTIFIED MAIL NO. FSN: 71786575345000098948 Randy Boettler 10 Kennington Burton Cty Rd 136 Alton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000097170 CERTIFIED MAIL NO. FSN: 71786575345000098962 Randy Boettler 10 Kennington Burton Lane Alton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000097194 CERTIFIED MAIL NO. FSN: 71786575345000098986 Randy BoeHler 1802 5th Ave East Kalispell, MT 59901 CERTIFIED MAIL NO. NOI: 70072560000189886962 CERTIFIED MAIL NO. FSN: 70072560000189884234 Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan Mailcode: NC4743, 701 Corporate Center Drive Raleigh, NC 27607 CERTIFIED MAIL NO. NOI: 71786575345000097224 CERTIFIED MAIL NO. FSN: 71786575345000099013 Kay Cox Disaster Cleanup of Wyoming, LLC P.O. Box 78 Smoot, WY 83126 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000097163 CERTIFIED MAIL NO. FSN: 71786575345000098955 Sandee Boettler 10 Kennington Burton Cty Rd 136 Alton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000097187 CERTIFIED MAIL NO. FSN: 71786575345000098979 Sandee BoeUler 10 Kennington Burton Lane Alton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000097200 CERTIFIED MAIL NO. FSN: 71786575345000098993 Sandee BoeUler 1802 5th Ave East Kalispell, MT 5990 I CERTIFIED MAIL NO. NOI: 71786575345000097217 CERTIFIED MAIL NO. FSN: 71786575345000099006 Occupant 10 Kennington Burton Cty Rd 136 Alton, WY 83110 Certificate of Sale Boettler 08-14419 Page 4 of 7 600740 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 23, 2008 and the date of the first publication of the notice of foreclosure sale was August 7, 2008. FURTHER AFFIANT SA YETH NAUGHT. 'I i' ' ) í '.', l J .'1 I \·····l..Jl til.ttL, ((ò.,t~....... ...... By: Danette Baldact( 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 Baldaccí this 1ZL day of ~, 2008. Witness my hand and official seal. bJ/ì~ /J}uli Notary Public My Commission Expires: 21 zo / I 2..., COSPkg Certificate of Sale Boettler 08-14419 Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT 000741. KEMMERER GAZETTE AFFIDAVIT OF P.UBLICATION Kemmerer Gazette Kemmerer. Wyoming iF10RECLÒSURE SALE NOTICE WHEREAS,defàult in the payment of principal and intereSt has occUlTed under the,tenns of a promissory not!: (the "Note") dated July 9, 2004, ex- ecutedançl delivered bY.lWtdy,Boettler and Sandee Boettler ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan,and a real estate mortgage (the "Mortgag·e") of the same date securing the Note, which Mortgage was executed ,and delivered by said Mortgagor(s), to said Mortgagee, and wlúch Mortgage was recorded on July 27,2004, at Reception No. 901409 in Book 563 at Page 185 in the records of the office of tile County Clerk and ex"officio Register of :Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the Mortgage contains a power of sale whicl1 by reason of :~¡pd:Øefault, the Mortgagee' declares to have become operative, and no suit or 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 WijEREAS, 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 premise~ at least ten (10) days prior to tile com- mencement of this publication, and th,e amoµnt due upon the Mortgage On the date of first Pl1blication of this notice of sale being the total sum of $114,51.2.80 which sum consists of the unpaid principal balance of $111,437.60 plus in- terest accmedto'the date, of the first public~tion' of this noticl" in the amount of $3,353,85, plus late charges in the amount of $178.13, less outstanding balance in the amount of $456.78, 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 being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research thl( status of title before sl,1bmitting a bid; NOW, THEREFORE Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment & Loan, 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. CouÌJ.ty, Wyoming to the highest bidder for cash at 10:00 0' clock in the fore- noon on September 2,2008 at the front door of the Lincoln County CoUrt- house löcated at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for ap- plication on the above-described amounts secured by the Mortgage, said nl0l1gaged property being described asfollqws, to-wit:, .' .,' . PART OF SECTION 13, T32N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. BEGlNNINGATTHE SOtJTHEASTCORNEROF SAID SECTION 13 AND RUNNING THENCE Nl25 'E, 264 FEET; THENCE WEST 215 FEET; THENCE S125'W, 264 FEET TO THE CENTER. OF THE COUNTY ROAD; . THENCE EAST 215 FEET TO THE POINT of BÈGINNING ': with an address of 10 Kennington Burton Cty Rd 136, Mon; WY 83110. , : Together with all improvements thereon situate and all fixtures and appur- tenances 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 0807 A .~ ," - Publish: August 7, August 14, August 21, August 28 ROSEMARY CAPELlEN . NOT Nf'( PUBUC County of State of lincoln . Wyomllll M Commission Expires May 5, 2012 COSPkg Kemmerer Wyoming STATE OF WVOMING ) ss. County of Lincoln 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, VlTyoming; I that the notice attached hereto, and which is part of the affidavit, was published in saîd newspaper for -±- insertions, the first publication having been made on the ~ day of CkðtJ. A.D., 20~, and the last publication on the ~ day of 01Åtf I(l+ A.D., 20~; that said 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 111 the " , newspaper proper, and nol 111 a " supplement. n, PubJisher Subscribed in my presence and sworn to ...-- ,,/ ~ tefor Certificate of Sale Boettler 08-14419 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY 000742 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 $1,899.31 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 600.00 577.00 144.51 27.80 432.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,899.31 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 SAYETH NAUGHT. ¡~ G· I r"). i \, ' "-, ",..' " i"r".y,,? t 4.. J~1:: ··:\.,tlt L( ~.(Ör ~.-..,......,'_. By: Danette BaldacCi 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 EJ.l day of ~, 2008. Witness my hand and official seal. h~~~~ Notary Public ' My Commission Expires: Z{ zO '12.. COSPkg Certificate of Sale Boettler 08-14419 Page 7 of 7