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Home My WebLink About942710 6010817047 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) ) SS ) éOÓ382 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 June 7, 2006, executed and delivered by Eron J. Sackett and Malinda A. Sackett to Mortgage Electronic Registration Systems, Inc., as nominee for Sallie Mae Home Loans, Inc. and (b) that certain mortgage dated June 7, 2006 (the "MortQage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 8, 2006, at Reception No. 919170 in Book 622 at Page 608 , 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: LOT 81, UNIT C-2, COMMISSARY RANCH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. LOT 82, UNIT C-2, COMMISSARY RANCH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF (ERRONEOUSLY KNOWN AS LOT 1- LOT 81, UNIT C-2, COMMISSARY RANCH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. LOT 1 - LOT 82, UNIT C-2, COMMISSARY RANCH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF) with an address of 350 Porcupine Road Kemmerer, WY 83101 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 Sallie Mae Home Loans, Inc ("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 September 11, 2008 issue of said newspaper and ending with the October 2, 2008 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as COSPkg RECEIVED 10/7/2008 at 10:24 AM RECEIVING # 942710 BOOK: 706 PAGE: 382 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Sackett 08-15482 Page 1 of 7 êOiì3S3 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 I that a copy of said nqtice and the publisher's affidavit of publication thereof are attached hereto as Ex:hibit 8 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 October 7, 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 $131,778.44 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Sallie Mae Home Loans, Inc ("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 $2,070.93 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 a d upon expiration of three (3) months and thirty (30) days from and after Octob r 7, 2008, the date of the sale, unless the property shall have been redeemed a provided by law prior to that time. 7th DATED at Kemmerer, Lincoln Co nty, State of Wyoming, this day of October 2008. By: nd for Lincoln County, State g Prin· Title: Deputy Sheriff COSPkg Certificate of Sale Sackett 08-15482 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) 600384 COUNTY OF LINCOLN The foregoing instrument was subscribed in mv presence and acknowledged before me by JOHN STETZENBACH. DEPUTY' SHERIFF , Deputv Sheriff of Lincoln County, State of Wyoming, this 7th day of Octóber , 2008. My Commission Expires: Witness my hand and official seal. lSc~J~rúi\'V\~~'?S1 t,~~ >'~~ fL Notary Public ~H~., SAVANNA l, HAWKES ~ NOTARY P.UBLlO COSPkg Certificate of Sale Sackett 08-15482 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING COUNTY OF NA TRONA ) ) SS ) 00&385 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 June 7, 2006 (the IIMortQaQe"), and recorded on June 8, 2006, at Reception No. 919170 in Book 622 at Page 608 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 Eron J. Sackett and Malinda A. Sackett ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Sallie Mae Home Loans, Inc. 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: 71786575345000103253 CERTIFIED MAIL NO. FSN: 71786575345000105578 CERTIFIED MAIL NO. Amd FSN:71786575345000108982 Eron J. Sackett 350 Porcupine Road Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71786575345000103277 CERTIFIED MAIL NO. FSN: 71786575345000105592 CERTIFIED MAIL NO. Amd FSN: 71786575345000109002 Malinda A. Sackett 350 Porcupine Road Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 70072560000189892987 CERTIFIED MAIL NO. FSN: 70070220000266519166 CERTIFIED MAIL NO. Amd FSN:7007268000020031 0486 Mortgage Electronic Registration Systems, Inc., as nominee for Sallie Mae Home Loans, Inc. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065-6298 CERTIFIED MAIL NO. NOI: 70072560000189892994 CERTIFIED MAIL NO. FSN: 70070220000266221991 CERTIFIED MAIL NO. Amd FSN:7007268000020031 0479 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, M1 48501 CERTIFIED MAIL NO. Amd FSN: 71786575345000109033 Sallie Mae Home Loans, Inc. 6000 Commerce Parkway, Ste A Mount Laurel, NJ 08054 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000103260 CERTIFIED MAIL NO. FSN: 71786575345000105585 CERTIFIED MAIL NO. Amd FSN: 71786575345000108999 Eron 1. Sackett P.O. Box 252 Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71786575345000103284 CERTIFIED MAIL NO. FSN: 71786575345000105608 CERTIFIED MAIL NO. Amd FSN: 71786575345000109019 Malinda A. Sackett P.O. Box 252 Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71786575345000103291 CERTIFIED MAIL NO. FSN: 71786575345000105615 CERTIFIED MAIL NO. Amd FSN: 71786575345000109026 Occupant 350 Porcupine Road Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71786575345000103307 CERTIFIED MAIL NO. FSN: 71786575345000105622 Sallie Mae Home Loans, Inc. 28175 Cabot Dr., Ste. 100 Novi, MI 48377 Certificate of Sale Sackett 08-15482 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 19, 2008 and the date of the first publication of the notice of foreclosure sale was September 11, 2008. FURTHER AFFIANT SA YETH NAUGHT. ûOü3SG ~a~ Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 S,ubscribed in my presence and sworn to before me by Danette Baldacci this ~ day of CX=.tabQx/ ,2008. Witness my hand and official seal. ~~~ &ø Notary Public My Commission Expires: 2/ 2- D 1 ¡ '2. . N TARY pUBlic DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission E~ires Feb20,.2012 ~~ii ~~, COSPkg Certificate of Sale Sackett 08-15482 Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming AMENDED FOIŒCLÔSÛRE SALE NOTICE WHEREAS, default in the paymento( principal aÌid inteiest,has ocçurred under the terms of a promissory note (the 'fNote'1) dated June7,2006,ex"; ecuted and delivered by Eron J.Sackett and Malinda A. Sackett ("Mortgagor(s)") to Mortgage Electrpnic RegistratipnSysterí1s; Inc., as nomi- nee for Sallie Mae Home Loans,lï1c;~ and a real' estate mortgage (the "Mort- gage") of the same date securing the, Note, whichMortgagç was e)(ecuted and delivered by said Mortgagor(s), to said Mortgagee, an<i which Mortgage was recorded on June 8,2006, at Reception:t:-lo. 919170inBook622 at Page, 608 in the records ofthe office of the County Clerk andex-officio Register of . Deeds in and for Lincoln County, State of Wyoming; artd' ' ,,' . 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 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, 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 mortgagedpremise~at least ten (10)4ay~ prior to the com- mencement of this publication, and the amount due upon the Mortgage on the date of fIrst publication of this notice of sale being the total sum of $128,613.42 which sum consists of the unpaid principal balance of $124,081.19 plus in- terest accrued to the date of the fIrst publication of this .110tic~ in the amount of $4,292.95, plus late charges in the a¡.nount of $122.97, plus an escrow advance, in the amount of $9~.3I, plu~ other outst;lnding charges in the ¡¡mount of $23.00; plus attomeys~ fees, costs eXpended;iaíÌd,accntingÍIlterest and late· charges after the date of first publication of this notice of sale; WHEREAS;..;rhe. prop<:rtYl>.èiÌ1gfo~eçlOse4¥pò~m¡\y 'be, sûbjectto other liens; and enèumbrancesthatvvill not be. e¡¡:tingui~hedat,;tþe,s*.Any" prospective purchaser should research the status of title before submitting a bid; . NOW, THEREFORE'Mortgage Electronic Registration Sýstems, Inc., as 'nominee for Sallie Mae HOlne Loans, Inc, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property . to be sold at public venueby, the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 0' clock in the fore- . noon on October 7, 2008 at the front door of the Lincoln County 'Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above-describect amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: Lor 81, UNIT C-2, COMMISSARY RANCH SUBDIVISION, LIN- COLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Lor 82, .UNIT C-2, COMMISSARY RANCH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON .THEOFfICIAL PLAT THEREOF (ERRONEOUSLY KNOWN AS Lor 1 - Lor 81, UNIT C-2, COMMISSARY RANCH SUBDIVISION,' LINêoLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Lor ; 1 - Lar82,ÛNrrG::~2,COMMISSARY RANCHSUBDIN1SION,LINCQLN COUNTY, WYOMING AS "DESCRIBED ,ON. THE 9FFIÇIAL PCAT THEREOF) , ,. ' , , " . ' with an address of 350 Porcupine Road, Kemmerer, WY 83101. Together with all ÍD1proyements theryon situílte,anct;allfixtureSanct ap- purtemmces thereto. ' .., .' ... ·'i.:!·'>, ,. " "', . I Mortgage Electronic RegistratiònSyst~ms;, Inc,;:asn~~nee for'Sallie Mae' Home Loans, Inc , . . ¡i~" .1}3y: DanetteBaldacci Castle, Meinhold &StáwiàrskiLegal,ServiCes, LLC 330 S. Walsh Drive, Ste., 202 ·Casper¡'WYj 82609·0000<: - (307) 333 5379 SEPT. 11, 19, 25, OCT. 2 0911A ROSEMARY CAPELlEN . NOTARY PUBUC County cf . $tete of Uncolft : Wyomlnl My Commission E~p¡res May 5, 2012 COSPkg OOô387 Kemmerer Wyoming STATE OF WYOMING ) 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, Vlyoming; , 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 --.LL day of AD., 20~, and the last publication on the ~ day of ()fnbl))) AD., 20~; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said n"otice was published In the newspaper proper, and nol In a supplement. ~. Michael Jensen, Publisher " Subscribed in my presence and sv:orn to day of A '., 20~. Certificate of Sale Sackett 08-15482 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) ûOv3SB 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 $2,070.93 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication Cost Publication Amd FSN Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriff's Deed Sheriff's Fee - Sale Sheriff's Fee - Costs 600.00 599.00 176.43 27.35 104.63 445.52 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,073.93 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. By: anette Baldacci Cas Ie, 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 --ioÓ- day of Otfbbvt . , 2008. \ Witness my hand and offictal s My Commission Expires: J.-15.-IJ cOSPkg Certificate of Sale Sackett 08-15482 Page 7 of 7