The URL can be used to link to this page

Home My WebLink About942819 ->Ç) .... (:} ~)t:~t ~(:1 6010716161 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) ûOû809 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 23, 2005, executed and delivered by Henry E. Snow to Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage, LLC and (b) that certain mortgage dated December 23, 2005 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 29,2005, at Reception No. 914840 in Book 608 at Page 437 , 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 197 IN NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 534 Gallup Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association, as Trustee for Deutsche AL T- B Securities Mortgage Loan Trust, Series 2006-AB4 Assignment dated: August 26,2008 Assignment recorded: August 29,2008 Assignment recording information: at Reception No. 941755 in Book 703 at Page 617 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. 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, HSBC Bank USA, National Association, as Trustee for Deutsche AL T-B Securities Mortgage Loan Trust, Series 2006-AB4 ("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 COSPkg RECEIVED 10/14/2008 at 10:45 AM RECEIVING # 942819 BOOK: 706 PAGE: 809 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Snow 07-23229 Page 1 of 7 00\181.0 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the September 18, 2008 issue of said newspaper and ending with the October 9, 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 October 14, 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 $227,272.23 ("Bid Sum"), which was bid and offered by HSBC Bank USA, National Association, as Trustee for Deutsche AL T-B Securities Mortgage Loan Trust, Series 2006-AB4 ("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 $2,174.63 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 October 14, 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 14 day of October , 2008. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: , >i':~f1&wt'L~ I . Print Title: Deputy Sheriff COSPkg Certificate of Sale Snow 07-23229 Page 2 of 7 A ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) ûOô81:!. COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach, Deputy Sheriff I Deputy Sheriff of Lincoln County, State of Wyoming, this 14 day of October ,2008. Witness my hand and official seal. ''Î r ., n J Ii/I! " ~~(/lLVU~" J (.vut0 N~ ry Pur. lie My C9mmission Expires: c¡ - .Jfi- J-of f r"'-":J;~~Y(:í;r,~..,~~,1,'lbt,'.~~;"'þ7;bik~l : C. ",.,."C.'_' Oun,yor (", ',,:, , ";'" St"1 r Linco'nt1.:';~'?~Y \~y~;I~j~g l My Coml11ì""oi1 ";;-;¡;;;,, 3.: 2i.. ~, Jl ~~""""~'~r...·;,)· :i.-'Ii"-";;",¡;,-f(.."'V:-'~''''''''.>::J'''::~'''''~ COSPkg Certificate of Sale Snow 07-23229 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) ) SS ) 00&81.2, COUNTY OF NA TRONA 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 23, 2005 (the "MortQaQe"), and recorded on December 29, 2005, at Reception No. 914840 in Book 608 at Page 437 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 Henry E. Snow ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association, as Trustee for Deutsche AL T- B Securities Mortgage Loan Trust, Series 2006-AB4 Assignment dated: August 26, 2008 Assignment recorded: August 29, 2008 Assignment recording information: at Reception No. 941755 in Book 703 at Page 617 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 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: 71786575345000107701 CERTIFIED MAIL NO. FSN: 71786575345000111593 Henry E. Snow 534 Gallup Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000107718 CERTIFIED MAIL NO. FSN: 71786575345000111609 Occupant 534 Gallup Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 70062760000475942111 CERTIFIED MAIL NO. FSN: 70072560000189894066 HSBC Bank USA, National Association, as Trustee for Deutsche AL T -B Securities Mortgage Loan Trust, Series JJ06-AB4 3476 Stateview Blvd, MAC# X7801-013 Fort Mills, SC 29715-7200 CERTIFIED MAIL NO, NOI: 71786575345000107725 CERTIFIED MAIL NO. FSN: 71786575345000111616 Beneficial Wyoming, Inc. 1363 Dewar Drive, Plaza Mall Ste. 8 Rock Springs, WY 82901 COSPkg Certificate of Sale Snow 07-23229 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 3, 2008 and the date of the first publication of the notice of foreclosure sale was September 18, 2008. FURTHER AFFIANT SA YETH NAUGHT. y. anette Baldac stle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 úOû813 Subscribed in my presence and sworn to before me by Danette Baldacci this ~ day of Q.1o~ ,2008. Witness my hand and official seal. J~-b-e -' Jlj Q ~ Notary Public My Commission Expires: 2 ¿'2D t t'2... --~ , NOTARY PUBLIC DENISE HULL STATE OF WYOMING COUNTY OF NATR,ONA M Ct;lmmisslon Expires Feb 20, 2012 COSPkg Certificate of Sale Snow 07-23229 Page 5 of 7 EXHIBIT B ÜOû814 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming , ,; . t- - : _ _' - ;,: ,,-,: '_ _,' "" >::}', ::,:::,?-~'-,t:.",~,,-,":,,;;.,,:,:_ ".'\.:""":': :.. ,',:' ¡. __:'i.¡:'?;:':;i:}"';·'.':\:r.~":,.:"~,":'·<\:) , 'FORECLOSURESAEE:N()'ÐCE~';"(';" .<,' WHE~AS; def~ultin~~,paÝl1\ê~t,,~{prip~fÞ~~a.ilii~~sihi~s,gd~;k~, lde¡;Jhe~~~'~fapro,J.DiS$Q!1íJl '~,' ~~v.t~~~4,I)~S~n:iþP~fr~,~OO5~ ~¡;c,ut~daqd,q~liveted Py, , ' ow ' ¡;tg, I,," "o¡::gageiJ3¡~c: Jnic,~eii~R'~t;ìR1J';~Y,~~,,:,~ .. ", ),;~Lg* ld~re¡¡l!;State"i,tpH~;; "," , ,..' .".q:> "", "ng'th~ :i~e~~;~~fJà~~ilich.NI~g~:ê~~~~::ict~¿ô1Ì;Dëce' Bêt~~~f~Óo~~ ,Reception No. 914840 in Book 608 at Page 437 in the records of the office f the COUIlty Clerk aIlc:l.ex-officioJ.~.~gister ofDeeds Ì11 aIld for LÌ11com C()UIlty, ' tate of Wyoming; aIld 6' ' .' ",<' WHEREAS; the melrtgage.':Wå~'assigI1edfor;val~~ as follows.: '. ,. , " Assignee:I:I8BC BIUlk UsA,l'\ation~Associ~tion, as:Tru~tee forUeutsche, .LT-BSecuritiesMortgageLoaIlTrust, Senes2oo6-AB4' ." ' Assigrunent dated: August}.6, 2008 Assigrunent recorded: August 29,2008 " Assigrunent recording infomlation:atReéeptionNo: 941755 in Book 703 tPage,617 ' """ , " ' . All in the records of the Cóunty, t1.erk aIld ex-officio Register of Deeds in, nd for Lincoln County, Wyoming. " WHEREAS, the Mortgage contains a power of sale which by reason of aid default; the Mortgagee declatesJohave.become operative, and no suitor )roceeding has Þeen ÌI1stituted atlaw to recover the debt secured.by theMQrt- :age, or any part thereof, nor has aIlY, such suit or proceeding been instituted' lIldthe same discdntinued; all<l ' " WHEREAS, written notice of intent to Joreclose. the Mo~gagf? by adver~ isement and sale has been served up()nthe~cord owne~;\\Ï.A4,.th~'party in )ossession of the mortgaged premises at leasnen (10) day~.pripr~p,:1þ!,com- nence¡pent of thi,s publication, and the amountdu~ ~pOIttp~ Mortgage on the iat? of first l:')lb1i~~~op:pf.tþi~~0fÏç¡~(~f!s~€;Þ!?PgtliCHotal' ¡¡fun óf$222;7Y¡¡.,n , which sum consIsts of the unpaldpnncIpå1 ba).ance of$2Q5,29Q.07pl~~ in- terest accrued to the date of the f¡¡;st publication of this notice inthe'amoUIlt Df $14,398.20,. plus late charges in theamount.of$733:10, plusaIlesqrow advaIlce Ì11 the amount of $P~0.68, plus other outstaIl~g.ç9~g~,iµthe amount of $1,105,.67, plu~attPI'Jleys ',fees, costs ~xpended'¡'ll!,ld! äcçJ;!lin~ ine terest aIld late charges after the date of first pùblicl,ltion qftlùkn.()ti¢e·ôf~ale; " WHEREAS, The property being foreclosed upon maY,bF,sPbje!:.tt9(jther liens aIld encumbrances that will not be extinguished aphe!~ale';'Ariypro- spective .purchaser should research the status of title befoí~ß~Þ!J1i~g:,~bid; NOW, THEREFORE HSBC BIIIIk USA, N ational Ass'~ciat!on¡a's '1'J:\istee for Deutsc;he,ALT-B S~curities MortgageJ..p¡µtTru~~, S~.:·,,, ,~,~,~4, as the Mortgågee,' will have the Mortg~~ê f6i#1()~~å as, , '. '... , . ;.' Í'ÒVj~ed by causÌ11g the mortgaged property to be soldàt publiè venue Qy,'¢,eSÞeriff or Deputy Sheriff in aIld for Linqom ÇO\Inty, Wyo~ng to tlie,hÌ,gl;wst,bf4der for cash at 10:00 0' clock in the forenoon ÖnOètobet14, .200~' atilieftontdgor of the Lincoln County Courthouse locatedat92?SageÄvem~¢,,:t<.eIDm~rêr;WY, Lincoln COUIlty, ~or application on theabp'v~-d'iSF1j,þ:ed~9:µIlW~~P~~ by the Mortgage, saId mortgaged property being desctibed asfoJ,OYfS¡',tO.,y.rlt: LOT 197 IN NORDIC RANCHES DIVISION NO. 'H,""LINCOLN COUNTY, WYOMING ~S D.§SCRIBEDON THE ,OFfICIAL PLAT THEREOF.,....,,'..' ..... > ...'.!,~."'.;,J ,.....",!, ,.!, with~aØdÍessof 534\ qallüpDriv~;'ßtP~. wY.., J3Ü8. )"..'.'". ' Together, witlia)l'ïmp.ro.verµeIl~.,th~f!?ºn'~iþ1I1;~'lIJlda}l. ~~þ1re.saIld ap'", . purtenances tlie¡:et<>';:';"" .·':!"':è;Li,;Jk;:",f1i.!i,Û'"",;'",:,··,:.,,,'·:,;;!,"; """ ," .... .;' .'., · HSBC BÍU1k USA;' NationåI Ássoclation,a,S 'rfu~teefQ~ Deutsche ALTcJ3 , , , 'SèCurities'Móhgage,tô'an..tì:ust; Senes20()6~AB4 , 'By: DaIlette Baldacci , Castle, Meinhold &Stawiarski Legal Services, LLC , 3~OS. Walsh Drive, Ste. 202 . C¡¡¡;per, WY 82609-0000 , (301) 333 5379 Sept. 18,25, Oct. 2, 9 0918 ROSEMARY CAPELlEN . NOTARY PUBUC County" . StIle of UncoIl : WyomI", Commtnlon Expire. Mey 5, 2012 COSPkg 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 'I Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for Â- insertions, the ~ day of A.D.,20 ()6, and the ~ day of A.D., 20~; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and 'that said notice was published Jl1 the newspaper proper, and no\ III a supplement. ~ " Michael Jensen, PubJisher Subscribed in my presence and sv;orn to of Certificate of Sale Snow 07-23229 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS ) 000815 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 $2,174.63 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Update Postage Photocopies Record AOM Publication Cost Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Còst Prevo Invoice $961.00 420.00 100.00 107.56 25.55 8.00 445.52 50.00 26.00 11.00 10.00 10.00 Total $1,213.63 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. . Danette Baldac C tie, 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 ()cft1.b/ ,2008. My Commission Expires: 2/20 Witness my hand and official seal. .~YJ,~/ óÆJ Notary Public COSPkg Certificate of Sale Snow 07-23229 Page 7 of 7