HomeMy WebLinkAbout945050
6010817310
CERTIFICATE OF SALE
STATE OF WYOMING
)
) SS
)
OOô697
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 January 6, 2005, executed and delivered by
Katrina D. Hoxie to Mortgage Electronic Registration Systems, Inc., as nominee
for IndyMac, F.S.B. and (b) that certain mortgage dated January 6, 2005 (the
"MortgaQe"), securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on January 11, 2005, at
Reception No. 905811 in Book 576 at Page 855 , 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 ce:rtain real property
described below, as follows, to-wit: i
LOT 1 OF PLEASANT VIEW SUBDIVISION, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
JANUARY 7, 2003 AS INSTRUMENT NO. 886720 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 220 County Road 123, Bedford, WY 83112
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. acting solely as a nominee for IndyMac Bank, F.S.B ("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 January 8, 2009 issue of said
newspaper and ending with the January 29, 2009 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.
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RECEIVED 2/3/2009 at 10:55 AM
RECEIVING # 945050
BOOK: 714 PAGE: 697
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Hoxie 08-22702
Page 1 of 7
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OOö698
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On February 3, 2009 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
$477,599.00 ("Bid Sum"), which was bid and offered by Mortgage Electronic
Registration Systems, Inc. acting solely as a nominee for IndyMac Bank,
F.5.B ("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 $3,277.21 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 February 3, 2009, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
3
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of February , 2009.
Shane Johnson
Sheriff in and forD' co County, State
of wyoJm¡ng \ ~ I
By: 0
Print Name: John Starcevich
Title:
Deputy Sheriff
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ACKNOWLEDGMENT
eOú699
STATE OF WYOMING
)
) ss
)
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
February ,2009.
presence and
,
1 day of
My Commission Expires:
Witness my hand and official seal.
,'0 22 tl: J ' iJ
!~)L\.\j7~.T\(\Jr\.l'l..(, " . "\ ~\J 2(,i /____
Notary Public
.'-~' 41 4'1 c:;~",,~,,~,.,..,-, -"L.~-<-:J~"".p...,.:.::s !';~~
SAVANNA L. HAWlíES - NOTARY PU~LlC
COUNTY OF
LINCOLN
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING
COUNTY OF NATRONA
)
) SS
)
00\1'700
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
January 6, 2005 (the "Mortqaqe"), and recorded on January 11, 2005, at
Reception No. 905811 in Book 576 at Page 855 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 Katrina D. Hoxie ("Mortgagor(s)"), the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for IndyMac, F.S.B. 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: 71786575345000134042
CERTIFIED MAIL NO. FSN: 71786575345000136633
CERTIFIED MAIL NO. FSN2: 71786575345000148186
Katrina D. Hoxie
220 County Road 123
Bedford, WY 83 112
CERTIFIED MAIL NO. NOI: 70072680000200290269
CERTIFIED MAIL NO. FSN: 70072680000200297688
CERTIFIED MAIL NO. FSN2: 70072680000200294533
Mortgage Electronic Registration Systems, Inc. acting solely as a
nominee for IndyMac Bank, F.S.B
460 Sierra Madre Villa, Mail Code HS-01-04
Pasadena, CA 91107
CERTIFIED MAIL NO. NOI: 71786575345000134073
CERTIFIED MAIL NO. FSN: 71786575345000136664
CERTIFIED MAIL NO. FSN2: 71786575345000148216
Howard James
P.O. Box 710
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000134059
CERTIFIED MAIL NO. FSN: 71786575345000136640
CERTIFIED MAIL NO. FSN2: 71786575345000148193
Katrina D. Hoxie
P.O. Box 80~
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000134066
CERTIFIED MAIL NO. FSN: 71786575345000136657
CERTIFIED MAIL NO. FSN2: 71786575345000148209
Occupant
220 County Road 123
Bedford, WY 83112
CERTIFIED MAIL NO. NOI: 71786575345000134080
CERTIFIED MAIL NO. FSN: 71786575345000136671
CERTIFIED MAIL NO. FSN2: 71786575345000148223
Wells Fargo Bank, NA
P.O. Box 31557
Billings, MT 59107
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 17, 2008 and the date of the first publication of the
notice of foreclosure sale was January 8, 2009.
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FURTHER AFFIANT SAYETH NAUGHT.
CCI
Ca tie, Meinhold tawiarski
L al Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
State of Wyoming
County of Natrona
00&701
r ._ This instrument was acknowledged before me on
~q day of 0nnl j O..l\/ ,2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Leg~1 Services, LLC.
\/ \rt(!\f;NFt~ nmJ /~~.J Á }10101 .Q l\
r:s.·:/¡\W Of' \"ìiYORli/f\j"ê~ ' (Signatur df)iotari~llbfflcer)
~""'YÙF","RONA ~æJ~a~ c
My commission expires: MQJCV-l /1J, ÒlO II
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
(:0&"/02
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
...... . ..' ~ORECLOS.U1ΠSALE NOTICE 2
','WlIEREAS, default in the payment of principal and interest has occUlTed
under the terms of a promissory note (the "Note") dated January 6, 2005,
eXl(çutedand delivered by Katrina D. Hoxie.("Mortgagor(s)") to Mortgage
Etectroni¿ Registration Systems, Inc., as n011.1Ìnee for IndyMàc, F,S,B"l1I1da
re¡¡Íestàtemottgage (the "Mortgage") of cli~ same date $ecuringrthe Np~"
whichMo~gage was executed and delivereflby said Mortgagor(s), to said
Mortgagee, and which Mortgage was recordef!. on January ll, 20qS. atRe"
ceptionNo..~OS81l in Book 576 at Page 855 in the records of the officeqf
.' the County Clerk and ex-officio Register ofDeeds in and for,Linç?lnCoup.ty,
State of Wyoming; IU1d ". .'., .,'/. ..... ".', . .... '
WHEREAS, the Mortgage contains a p<>'\Ver ofsàlewhich by, reason of
said default, the Mortgagee declares to haveb,.ecOlpe opera~ve; an,d I),o$uit or
proceeding has been instituted atlaw to recoVeJ: ~e øebt secutedbytlie Morh
gage, or any part thereof, nor has any such slit pr procee¡Jjng beeninstittlted
and the same discontinued; an4 . .' '.' "." .'. '. '''',
WHEREAS, Written notice of intent to fOteclóse the Mortgage by adver-
tiseme~t and sale has been served upon the; record owner and. the party in
possession of the mortgaged premis~s at leaStten (10) dàys prior to the. com"
mencement of this publication'lU1d the amount due upon thé Mortgage on the
date of first publicatio~ of this Ilotice o( sale being the total sum of $630,707.77
which sum consists of tþe unpaid principal balance of $564,702.15 plus in-
terest accrued to the date of théfirst publication of this notice in the amount
of',$;5?,757,74,p~u~late charges in the amountof$2,503.78, plus an escrow
a<i~~c.~Jn th.e, amoun~ of ~7\,685.1O, plus other outstanding charges in the
ainountbf $59:60, plus attorneys' fees, costs experided, 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 encUlI!:brances that will not be extinguished at the sale. Any
prospective purchaser should research the status of title before submitting à
bid; , , .
, NOW, THEREFOJ,U; Mortgage Electronic Regis,trntion Systems,. Inc. act-
ing solely as a. 1),0111ÌI)ee for IndyMac Bank, ES.B,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 County,Wyoming to the highest biddetfor cash at 10:00 o'clock in
the forenoon.onFebruary 3, 2009 at the front door of the Lincoln County
CourthouS.e located at 925 Sag~ Avenue, ~mmerer, WY; Lincoln County,
for application on theabovc;:clescribed amounts secured by the Mortgage,
said mortgaged property beiri¿Nescribed as follows, to-wit:
Lar 1. OF PLEASANTYtEW SUBDMSION,l.INEOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLATFlLED ON JANU-
ARY 7, 2Ò03AS INSTRUMENT NÒ. 886720 OFTHE RECORDS OF THE
LINCOLN COUNTY CLERK '
with an address of 220 County Road 123, Bedford, WY 83112. .
Together with all improvements thereon situate and all fixtures and appur-
tenances thereto.' .
Mortgage Electronic Registration Systems, Inc. acting solely as a
.nominee for IndyMac Bank, F.S.B
By: DanetteBaldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 3335379
Publish: Jan. 8, 15,22, 29 ' 0108A
ROSEMARY CAPEllEN· NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission E~pires May 5, 2012
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;
'I
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
---'Z- day of ~tLO.'Ü"!f
A.D., 20~, and the last publication on
the....d'L day of ~~,I1J I ClAi¡t
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 111 the
newspaper proper, and nol In a
supplement.
sen, Publisher
Subscribed in my presence and sworn to
u
Hoxie 08-22702
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING )
) SS
COUNTY OF NATRONA )
00 (l'''03
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 $3,277.21
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Postage
Photocopies
Publication Cost
FTP Update
Publication Cost FSN2
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
1,560.00
148.26
26.45
310.50
100.00
414.00
50.00
26.00
11.00
11.00
10.00
10.00
Total
$3.277.21
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.
cci
Ca Ie, Meinhold tawiarski
egal 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 ~q_day of
,,)0 n LLÜf~ ,2009 by Danette Baldacci as attorney of Castle, Meinhold and
Stawiarski L gal Services, LLC. .
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Certificate of Sale
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