HomeMy WebLinkAbout944074
6010816938
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
éOô742
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 June 21, 2006, executed and delivered by Ryan L.
Olsen and Amy B. Olsen to Mortgage Electronic Registration Systems, Inc., as
nominee for Chapel Funding, LLC and (b) that certain mortgage dated June 21,
2006 (the JlMortQaQeJl), securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on June
26, 2006, at Reception No. 919677 in Book 624 at Page 460 , 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 BUDD-M-RICH SUBDIVISION, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
DECEMBER 8, 1982 AS INSTRUMENT NO. 588334 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 22 Rich Lane, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp.
Home Equity Loan Trust and for the registered holders of ACE Securities Corp.
Home Equity Loan Trust, Series 2006-HE4, Asset Backed Pass-Through
Certificates
Assignment dated: July 14, 2008
Assignment recorded: July 25, 2008
Assignment recording information: at Reception No. 940793 in Book 700 at Page
771
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, N.A., as
Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the
registered holders of ACE Securities Corp. Home Equity Loan Trust, Series
2006-HE4, Asset Backed Pass-Through Certificates ("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 0wner 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
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RECEIVED 12/9/2008 at 10:45 AM
RECEIVING # 944074
BOOK: 710 PAGE: 742
JEANNE WAGNER
LINCOLN COUNTY CLER" . ...... nMERER, WY
Certificate of Sale
Olsen 08-12996
Page 1 of?
ûOô743
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 November 13, 2008 issue of
said newspaper and ending with the December 4, 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 December 9, 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
$296,406.42 ("Bid Sum"), which was bid and offered by HSBC Bank USA, N.A.,
as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and
for the registered holders of ACE Securities Corp. Home Equity Loan Trust,
Series 2006-HE4, Asset Backed Pass-Through Certificates ("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 $2,909.53 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 December 9, 2008, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
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Certificate of Sale
Olsen 08-12996
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OOö744
9
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of December 2008.
Shane Johnson
Sheriff in and Yor L' oln County, State
of Wyoming
By: J, cs+
Print Name: John Starcevich
Title: Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
)
) 55
)
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my
acknowledged before me by John Starcevich
Deputy Sheriff of Lincoln County, State of Wyoming, this
December ,2008.
presence and
,
9 day of
Witness my hand and official seal.
C~ 1Y71JìHy,,,-d~'I\~
Notary Public
My Commission Expires:
"'--ลกÁVÅNÑAL~~wKES-~NOThRY PUBLIC
COUN1Y OF STATE OF
LINCOLN Lt /. ~11lt
My CommisSIOn Expires _ z.;;
,....-;11-
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
OOû745
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 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
21, 2006 (the "MortQaQe"), and recorded on June 26, 2006, at Reception No.
919677 in Book 624 at Page 460 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 Ryan L. Olsen and Amy B. Olsen ("Mortgagor(s)"), the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Chapel Funding, LLC is the named mortgagee, which Mortgage was assigned
for value as follows:
Assignee: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp.
Home Equity Loan Trust and for the registered holders of ACE Securities Corp.
Home Equity Loan Trust, Series 2006-HE4, Asset Backed Pass-Through
Certificates
Assignment dated: July 14, 2008
Assignment recorded: July 25, 2008
Assignment recording information: at Reception No. 940793 in Book 700 at Page
771
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 man, return receipt requested, to all parties as required by Wyoming
statutes, before the notice was published, as follows:
CERTIFIED MAIL NO. NOI: 71786575345000128010
CERTIFIED MAIL NO. FSN: 71786575345000130495
Ryan L. Olsen
22 Rich Lane
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000128027
CERTIFIED MAIL NO. FSN: 71786575345000130501
Amy B. Olsen
22 Rich Lane
Afton, WY 83110
CERTIFIED MAIL NO. NO/: 70072680000200282837
CERTIFIED MAIL NO. FSN: 70072680000200289560
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501
CERTIFIED MAIL NO. NOI: 71786575345000128034
CERTIFIED MAIL NO. FSN: 71786575345000130518
Occupant
22 Rich Lane
Afton, WY 831 10
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Certificate of Sale
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CERTIFIED MAIL NO. NOI: 70072680000200282844
CERTIFIED MAIL NO. FSN: 70072680000200289553
HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities
Corp. Home Equity Loan Trust and for the registered holders of
ACE Securities Corp. Home Equity Loan Trust, Series 2006-
HE4, Asset Backed Pass-Through Certificates
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
CERTIFIED MAIL NO. NOI: 71786575345000128041
CERTIFIED MAIL NO. FSN: 71786575345000130525
Chapel Funding, LLC
26521 Rancho Parkway South, Ste 210
Lake Forest, CA 92630
ûOv746
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 31, 2008 and the date of the first publication of the
notice of foreclosure sale was November 13, 2008.
FURTHER AFFIANT SA YETH NAUGHT.
~&PÀ~
Y' Danette Balda cL
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 ~day of
Ù F( f' rr ì \)f' (, 2008 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC. f\
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My commission expires: I"v' elf C I) I ÎJj)ìC It
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Certificate of Sale
Olsen 08-12996
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EXHIBIT B
00ü747
PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE
Kemmerer vJyomiJ.g
.-
AFFIDA VIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
. FORECLOSURE SALE NOTICE
WHEREAS, default i~ the payment of principal and interest has occurred
underthe terms of a proIhissory note (the "Note") dated June 21, 2006, ex-
ecuted and delivered by Ryan L. Olsen and Amy B. Olsen ("Mortgagor(s)")
to Mortgage Electronic Registration Systems, Inc., as nominee for Chapel
Funding, LLC, and a real: estate mortgage (the "Mortgage") of the same date
securing the Note, which Mortgage was executed and delivered by said
Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on June
26,2006, at Reception No. 919677 in Book 624 at Page 460 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
WHEREAS, the mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securi-
ties Corp. Home Equity Loan Trust and for the registered holders of ACE
Securities Corp. Home Equity Loan Trust, Series 2006-HE4, Asset Backed
Pass-Through Certificates . . "'. . .
Assignment dated: July 14,2008
Assignment recorded: July 25, 2008
Assignment recording info~ation: at Reception No. 940793 in Book 700
at Page 771 .
All in the records of the County Clerk and ex-officio Register of Deeds in
and for Lincoln County, Wyoming.' .. . .
WHEREAS, the Mortgage contains a power ofsale which by reason of
said default, the Mortgagee declares to have become operative, and no suit or
proceeding has beert 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 u!,J0n the record owner and the party in
possession of the mortgaged premises' at least ten (10) d¡[ys prior to the com-
mencement of this publication, and the 1Ill1.0untdue upon the Mortgage on the
date of mst publication of this notice of sale ~eing the totalsumof $290,136.68
which sum consists of the uI1paid principal balance of $271,760,93 plus in-
terest accrued to'the date of the first publication of this notice. in the amount
of $15,10133; plus late charges in the amount of $837.53, plus an escrow
adyance in the amount of $1,213.68, plus other outstanding charges in the
~ount of $1,223.21, plus attorneys' fees, costs expended, and accruing in-
terest 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 purchas¡;r should research the status of title before submitting a
bid; '..' I
NO~, THEREFORE iISBC Ban.k:¡USA"N:A.;. as.Trustee· on behalf .of
ACE'SeouritiesCorp;'Home Equity LoIlp,Trustand fòr the'registered holders
of ACE Securities Corp. Hon;¡eEquity!L'óan Trust, Se¡:ies.2006-HE4,Asset
Backed Pass-Through Certificates, 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 ín and for Lincoln County,
Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on
December 9,2008 at the front door of the Lincoln County Courthouse 10-'
cated at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application
on the above-described amounts secured by the Mortgage, said mortgaged
property being described as·follows, to-wit:
LOT 1 OF BUDD-M-RICH SUBDIVISION, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FTI..ED ON DE-
CEMBER 8. 1982:AS INSTRUMENT NO. 588334 OF THE RECORDS OF
THE LINCOLN COUNTY CLERK
with an address of 22 Rich Lane, Afton, WY 83110. 1
Together with all improvements thereon situate and all fixtures and appur-
tenances thereto,_'
STATE OF WYOMJ ~G
) SS.
County of Lincoln
I, Michael Jensen, do solemnly swear th,lt
I am the publisher of the Kemme[l~r
Gazette, a weekly paper of gener.il
circulation, published once a week It
Kemmerer, Lincoln County, Vvyomin;~;
that the notice attached hereto, ánd whit h
is part of the affidavit, was published in
said newspaper for ~ insenions, tl e
first publication baving been made on tJ· e
~ day of -4 01.)£ l1t~~h )
AD., 20.....QtL., and the last pub] ¡cation ell
the ~ day of ~C i ()<1 Geh)
AD., 20~; that said notice was
published in a regular and entire issue I)f
the paper(s) in whicb it was published: arc!
that said notice was published III tl e
newspaper proper, and 110t 111 a
supplement.
~-
Michael Jensen, Publisher
Subscribed in my presence and sworn to
MOSEMARY CAPELLEN . NOTARY PUBLIC
County of . Stet, of
,Uncoil : WyomlllJ
My CommlsllDn E_pires May 5.2012
HSBC ~ank USA, N.A., as Trustee on behalf of ACE Securities Corp.
Home EqUIty Loan Trust and for the registered holders of ACE Securities
Corp. Home Equity. Loan Trust, Series 2006-HE4, Asset Backed Pass-
Through Certificates
By: Danette Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper,WY 82609-0000
. (307) 333 5379
Publish: Nov. 13,20, 26, 2008, Dec. 4, 2008 1113
Certificate of Sale
Olsen 08-12996
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
00&748
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 $2,909.53
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 937.00
Postage 193.68
Photocopies 26.45
Publication Costs 513.00
Record AOM 8.00
Publication Cost 11-13-08 524.40
Conduct Sale 50.00
Record Cert. of Sale 26.00
Record Sheriffs Deed 11.00
Sheriffs Fee - Sale 10.00
Sheriffs Fee - Cost 10.00
Total
$2,909.53
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.
,
~.. +-1
J .
. 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 l\ day of
ùrr(lîîb( ( , 2008 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski Legal Services, LLC. '"
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Certificate of Sale
Olsen 08-12996
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