The URL can be used to link to this page

Home My WebLink About943698 ~ ....{o... 6010817197 (') ! ) "~,' ! t~~ ~ (l;; CERTIFICATE OF SALE COUNTY OF LINCOLN ) ) SS ) (;0\)276 STATE OF WYOMING 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 April 16, 2007, executed and delivered by William Perry Tully, Jr. and Stacy Ann Tully to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank and (b) that certain mortgage dated April 16, 2007 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 24, 2007, at Reception No. 928714 in Book 655 at Page 607 , 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 1 OF BARCO ACRES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 14, 2003 AS INSTRUMENT NO. 892465 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 511 Grover South County Road 12-190, Grover, WY 83122 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 1st Bank ("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 October 23,2008 issue of said newspaper and ending with the November 13, 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 8 and by this reference made a part hereof. COSPkg RECEIVED 11/18/2008 at 10:51 AM RECEIVING # 943698 BOOK: 709 PAGE: 276 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Tully 08-19467 Page 1 of 7 000277 I I 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On November 18, 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 $ 309,585.28 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank ("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 $2,379.07 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 November 18, 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 18 day of November I 2008. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ~rL-,~/¿;ij Print Name: John Jackman Title: Deputy Sheriff COSPkg Certificate of Sale Tully 08-19467 Page 2 of 7 (;Oô278 ACKNOWLEDGMENT COUNTY OF LINCOLN ) ) ss ) STATE OF WYOMING The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman, Deputy SHeriff I Deputy Sheriff of Lincoln County, State of Wyoming, this 115 day of November , 2008. Witness my hand and official seal. ~SNmf(ìJ'Nj---;::J t\<ì ~1..Q1L Notary Public My Commission Expires: ~.,.~'.;:-.-~_.¡-..- ""-'-i!,1"'~-- SAVANNA L. HAWI\tS ~ NOTARÝ PÚBLlC COUNTI OF COSPkg Certificate of Sale Tully 08-19467 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE OOû279 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 April 16, 2007 (the "MortQaQe"), and recorded on April 24, 2007, at Reception No. 928714 in Book 655 at Page 607 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 William Perry Tully, Jr. and Stacy Ann Tully (UMortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1 st Bank 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 ma'iled, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIEO MAIL NO. NOI: 71786575345000119810 CERTIFIEO MAIL NO. FSN: 71786575345000123220 William Peny Tully. Jr. 511 Grover South County Rd 12-190 Grover, WY 83122 CERTIFIEO MAIL NO. NOI: 71786575345000119834 CERTIFIEO MAIL NO. FSN: 71786575345000123244 Stacy Ann Tully 511 Grover South County Rd 12-190 Grover, WY 83122 CERTIFIEO MAIL NO. NOI: 70072680000200326340 CERTIFIEO MAIL NO. FSN: 70072680000200294298 Mortgage Electronic Registration Systems, Inc., as nominee for 1st BWlk 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065-6298 CERTIFIEO MAIL NO. NOI: 71786575345000119865 CERTIFIEO MAIL NO. FSN: 71786575345000123275 MeridiWl Trust Federal Credit Union 2223 Warren Avenue Cheyenne, WY 82001 CERTIFIEO MAIL NO. NOI: 71786575345000119827 CERTIFIEO MAIL NO. FSN: 71786575345000123237 William Peny Tully Jr. P,O. Box 507 Thayne, WY 83127 CERTIFIEO MAIL NO. NOI: 71786575345000119841 CERTIFIEO MAIL NO. FSN: 71786575345000123251 Stacy Ann Tully P.O. Box 507 Thayne, WY 83127 CERTIFIEO MAIL NO. NOI: 71786575345000119858 CERTIFIEO MAIL NO. FSN: 71786575345000123268 OccuPWlt 511 Grover South County Rd 12-190 Grover, WY 83122 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 6, 2008 and the date of the first publication of the notice of foreclosure sale was October 23, 2008. COSPkg Certificate of Sale Tully 08-19467 Page 4 of 7 C00280 FURTHER AFFIANT SAYETH NAUGHT. By: anette Baldac i Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 State of Wyoming County of Natrona This instrument was acknowledged before me on _i?J day of NOY f rn tJ.Q l , 2008 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ¡;¡~;6:fnrl::;¡it~""~'¿"¡;"~;··f~tfIWf?,t.'¡;;'D)ji:1'è"'c""':"''''¡ì &,~ I~' \ !-iJUlLY \fJA·· GrJEr:? f! (Signatu of \3otari officer) ß¡~· I smTE OF \!1J','OMIN, G ~',,' ¡\ i (-0, ..1- ('/. I \/ . I I' \'J' ,. ( U . ~OUNnr OF NAmOI\!A p ßl\..Ll..UJ :1 ! '-- - &UYkX-2,,<fu.~\Wd~;Sß-'1Æ~,~l-!~.~~r.J~r.-á911",~~ Title (a nd Ra n k) My commission expires: mOJCJl I~I 'QìO 1\ COSPkg Certificate of Sale Tully 08-19467 Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming I ... FORECLOSURESALENOTICE ': '" . WHEREAS, default in the payment of principal and interest has occurrëd underthetenns of a promissory note (the "Note") dated April 16, 2007, ¥~ eQute4ariddelivered by William Perry Tully, Jr. and Stacy Ann Tu1J'y . ("Moqgagpr(s )") to Mortgage Electronic Registration SYlltems,Inc., ¡iSno$- 'neefotlsti;Bi1nk, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgagewa,lIe¡¡,ecuted and delivered by llaid Mortgagor(II), to llaidMortgagee, and Whiéh'Mortgage was recorded onApñl 24, 2007, at Reception No. 928714 in Book 655 atPage 607 in the recordll 'òf the offic.e of th~ County Clerk and ex-offiéio Register of Deeds in and fbi- Lincoln County, State of Wyoming; and' ", WHEREAS, the Mortgage containll a power of lIale which by reallon pf llaid default, the Mortgagee declarell to have beéome operative, and no lluitQr proceeding has been inlltituted at law to recover the debt lIecured.by the Mo.i;t- gage, or any part thereof, nor has any lIuch lluit or proceeding been inlltitut~ and the lIamedillcontinued; and . I ~ WHEREAS, written notice of intent to foreclolle the Mortgage by adv\¡r- tillement and lIale has been lIerved upon the record owner and the party .iµ possesllion qf the mortgaged premillell at leastten (10) daYII prior to the COµ!- mencement qf this publication, and the amount due upon the Mortgage on the date of milt publication of thill notice of sale being the tOta1I1UD1 of $304,07L~9 which sum conllillts of the unpaid principal balance of $295,004.61. plulI m- terellt accrued 'to. the date of the fullt publication of this nonce in the. amoùÌ:1t of $8,788.ll,pluslate chargellin the amount of $165.94, plulI ~ ellcr,,?w advance in the amount of$59.63, plulI other Ijutstanding charges in the amount of $53.00, plulI attorneYlI' feell, COllts expended, and accruing interellt arid late chargell after the date of fullt publication of thillnotice of lIale; . : < : , WHEREAS, The property beingforec1osedupon may be lIubject.;to other lienll andem:Ul1lbrancellthat will not be eJrtinguillhedat the$ale. A,rÌ.y prollpective purchaller should rellearch the IIqLtull of title before lIubn;1itting:a bid;. '. . .... . .... , NOW, THERErOREMortgage Electronic Regilltratioµ SYlltemll, Inc" ¢; nominee for 1st Bi1nk, all the Mortgagee, will nave the Mortgage foreclolled all by law provided by caulling the mortgaged property to be lIold at pub1í'c venue by the Sheriff or Deputy Sheriff in and forLincoln County; Wy0lIlÎIW to thehighellt bidder for cash at 10:000' clock iÌ1 the forenoon on NovembCJr 18, 2008 at the. front ¡Joor of theLincoln. County Courthoulle located at 9~ Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above- I de:¡cribed amounts lIecured by the Mortgage,lIaidmortga,gedpropeqy being dellcribed as followlI, to-wit: . . . ... .'. '. . LOT 1 OF BARCO ACRES SUBDIVISION; LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AU- GUST 14, 2003 AS INSTRUMENT NO. 892465 OF THE REC9RDSOF T.HE .COLN,CO '....... ............ . '.' ...... ..... ". ' i8 ¡~. "'~e ;1.~~it\~1~.:~!it:x~{'; ou~~~~~~~:R~~~';1~¡~:~1¡~~,:êÍ':wr . ogetlJ.êi~l ¡IIlproyement:¡ thereQn lIituate II11dalYixturell ~d appur- tenancell thereto:. ..... '.; i... . . Mortgage Electronic Regilltration SYlltem¡¡, Inc., as nominee for 1st .' ..... .... . 'Bank , By: Danette BaldacÇi Castle, Mei.µhold &StawiarllkiLegal Servicell, LLC 331) S.Walllh Drive,Ste; 2<J?, . Caliper, WY 82609-0000 (~07) 33353~ Publillh: Oct. 23, 30, Nov 6,13, 2008 1023A ROSEMARY CAPEllEN· NOTARY P BLlC County 01 e'· Stlte.~ LIfIçolft . Wyom 118 Commission Expires May 5, 20 2 COSPkg OOô28j.. 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, Wyoming; ·1 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 ~ day of ~_ A.D., 20~, and the last publication on the ~ day of ~01m&Xi! 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 1ll the newspaper proper, and not In a supplement. ~- . Michael Jensen, Publisher ., Subscribed in my presence and sworn to Certificate of Sale Tully 08-19467 Page 6 of 7 · , EXHIBIT C AFFIDAVIT OF ATTORNEY 000282 STATE OF WYOMING ) ) SS ) 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 $2,379.07 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 Oeed Sheriff's Fee - Sale Sheriff's Fee ~ Costs 700.00 992.00 123.65 26.90 418,52 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,379.07 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. YETH NAUGHT. I f:; ...--. y Danette Baldacc estle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 State of Wyoming County of Natrona This instrument was acknowledged before me on \ (b day of ~, 2008 by Danette Saldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. '. ~\ ~.:·;'~'.'-"~~'t'ïõìj~PUÔ'Liè"<"'&"~"~ t'\rnoJ. ~ J YilìfW/\ :.... HOLpli'" YV/;Ç;flJEFi. t¡ (Signature Dotarial 9. cer) ""'. .. STATE or- WYoMING >.,1 J, 10 tror~ \' 'I hi j r... : COUNTY OF ~,IAT¡,(ONA i~~_ _U__ . L.. . _ _., , ... ,<;:~Æ!:rß~.:<gg;\ÐR'&,Wt1J.~H';¡~J~Jg Title (and Rank) My commission expires: m OJ C h \?J¡ ÒìO I COSPkg Certificate of Sale Tully 08-19467 Page 7 of 7