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HomeMy WebLinkAbout945187 '\£ 6010816970 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) 0001.93 COUNTY OF LINCOLN Shane Johnson 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 October 6, 2006, executed and delivered by Nikki Skeoch and Robert K. Skeoch to Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation and (b) that certain mortgage dated October 6, 2006 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 16, 2006, at Reception No. 923424 in Book 637 at Page 196 , 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 144 OF NORDIC RANCHES DIVISION NO. 10, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON APRIL 4, 2001 AS INSTRUMENT NO. 872486 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 1002 Lariat 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: US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 Assignment dated: December 15, 2008 Assignment recorded: December 19, 2008 Assignment recording information: at Reception No. 944241 in Book 711 at Page 392 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 reèover 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, US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 ("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. COSPkg RECEIVED 2/10/2009 at 10:20 AM RECEIVING # 945187 BOOK: 715 PAGE: 193 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certíficate of Sale Skeoch 08-13688 Page 1 of 7 û-Oô194 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 15, 2009 issue of said newspaper and ending with the February 5, 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. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On February 10, 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 $237,150.00 ("Bid Sum"), which was bid and offered by US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 ("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 $2,412.15 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 10, 2009, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Skeoch 08-13688 Page 2 of 7 ûOô195 DATED at Kemmerer, Lincoln County, State of Wyoming, this 10 day of February , 2009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: --- Print John Jackman Title: Deputy Sheriff ACKNOWLEDGMENT STATE OF WYOMING ) ) SS ) COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this February ,2009. presence and , 10 day of My Commission Expires: O£-88·-;20({ Witness my hand and official seal. ~K~ {)'rVL1tV No Pub I f--~í~;i^,;':, ·~~I~¡. + Cc'ur,'.' ~,; ~ Lij\':,\~.,;: I , ... \-:\iyorning t My>.", '\,,,,'~.-~ß.~~~~ .\1" ..........<:¡'.. "'" :f"-~....,~JI,..:r""'~;~"" . ".;' ,',..<........¡,'~..&'-{jo ,jl Y ~:.-ub!ic S¡.~~te of COSPkg Certificate of Sale Skeoch 08-13688 Page 3 of 7 EXHIBIT A (,001.96 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 October 6, 2006 (the IMortQaQe"), and recorded on October 16, 2006, at Reception No. 923424 in Book 637 at Page 196 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 Nikki Skeoch and Robert K. Skeoch ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 Assignment dated: December 15, 2008 Assignment recorded: December 19, 2008 Assignment recording information: at Reception No. 944241 in Book 711 at Page 392 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: 71786575345000147455 CERTIFIED MAIL NO. FSN: 71786575345000150219 Robert K. Skeoch 1002 Lariat Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000147479 CERTIFIED MAIL NO. FSN: 71786575345000150226 Nikki Skeoch 1002 Lariat Drive Etna. WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000147493 CERTIFIED MAIL NO. FSN: 71786575345000150240 Robert K. Skeoch P.O. Box 5070 Etna, WY 83118 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000147462 CERTIFIED MAIL NO. FSN: 71786575345000150288 Robert K. Skeoch 4525 N 66th St Unit 61 Scottsdale, AZ 85251 CERTIFIED MAIL NO. NOI: 71786575345000147486 CERTIFIED MAIL NO. FSN: 71786575345000150233 Nikki Skeoch 4525 N 66th St Unit 61 Scottsdale. AZ 85251 CERTIFIED MAIL NO. NOI: 71786575345000147509 CERTIFIED MAIL NO. FSN: 71786575345000150257 Nikki Skeoch P.O. Box 5070 Etna, WY 83118 Certificate of Sale Skeoch 08-13688 Page 4 of 7 ûOó197 CERTIFIED MAIL NO. NOI: 70072680000200286545 CERTIFIED MAIL NO. FSN: 70081830000133195254 US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 3476 Stateview Blvd, MAC# X7801-013 Fort Mills, SC 297]5-7200 CERTIFIED MAIL NO. NOI: 71786575345000147516 CERTIFIED MAIL NO. FSN: 71786575345000150264 Occupant 1002 Lariat Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 70072680000200286552 CERTIFIED MAIL NO. FSN: 70081830000133195261 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 CERTIFIED MAIL NO. NOI: 71786575345000147523 CERTIFIED MAIL NO. FSN: 71786575345000150271 New Century Mortgage Corporation J 8400 Von Karman, Suite 1000 Irvine, CA 92612 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 29, 2008 and the date of the first publication of the notice of foreclosure sale was January 15, 2009. FURTHER AFFIANT SA YETH NAUGHT. ~~) ~~J B· anette Baldác·· . Castle, Meinhold & Stawiarski Legal ServicE1s, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 State of Wyoming County of Natrona _~ ,This illstru,ment was acknowledged before me on ,5 day of '-.- - r . ,,' ,2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Lega Services, LLC. COSPkg Certificate of Sale Skeoch 08-13688 Page 5 of 7 EXHIBIT B ûO\i1.98 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming "1FORECLOSURE SALE.:NOĊ“IQEi;':. .... WHEREAS, default in the payment' ~f principal and interest has· occurred;; under the terms ofapromissory note. (the "Note") dated October 6,2006; executed and delivered by Nikki Skeoch and Robert K. Skeoch ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nomi- nee for New Century Mortgage Corporation, and a real estate mortgage (the "Mortgage") of .the same date securing the Note, which Mortgage was ex- ecuted and'delivered by said Mortgagor(s),.to said Mortgagee, and which Mortgage was recorded on October 16, 2006, at Reception No. 923424 in' Book 637 at Page 196 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: US Bank National Association, as Trustee for Citigroup Mort- gage Loan Trust 2Q06~HE3 Assigmnent dated: December 15, 2008 'Assignment recorded: December 19,2008 Assignment recording infonnation: at Reception No. 944241 in :Book 711 at Page 392 ... . . All in the records of the County Clerk andex-ofñcio Register of Deeds in and for Lincoln CoUilty, Wyoming. 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 suitor proceeding been instituted and the same discontinued; and· . '.' .;, . WHEREAS, written notice of iI¡.tent to¡f,oreclose the Mortgage byadver- tisement and sale has been served upon the record owner and the 'þ~ in possession of·the mortgaged premises at least ten (10) days priorto the com- mèncement of this publication, and the amount due upon the Mortgage on the date of first 1mblication of this notice of sale being the total sum of $342,203.11 which sum c.onsists of the unpaid principal balance of $313,657.05 plus in- terest accrued to the date of the first publication of this notice in the amount of $21,968.67, plus late charges in the amount of $823.36, plus Iµl escrow advance in the amount of $5,651.03, plus other outstanding charges in the amount of $103.00, plus attorneys' fees, costs expended, and accruing inter- est 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 purchaser should research the status of title before submitting a bid; . NOW, THEREFORE US Bank National Association, as'Trustee,for Citigroup Mortgage Loan Trust 2006-HE3, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged prop~rty to be sold at publif;;.venueby the Sheriff or Deputy Sheriffín and for Lincoln County, Wyoming to the highest bidder for cash attO:OO o'clock in the fore- noon on February 10, 2009 at the front door of the Lincoln County Court- house located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for ap- plication on the above-described amounts secured by the Mortgage, saj.d mortgaged property being described as follows, to-wit: . LOT 144 OF NORDIC RANCHES DIVISION NO. 10, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON APRIL 4, 2001 AS INSTRUMENT NO. 872486 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 1002 Lariat Drive, Etna, WY 83118.' Together with all improvements thereon situate and all fixtures and appur- tenances thereto. STATE OF WYOMJNG ) 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 ---A- insertions, the first publication having been made on the ~ day of Cif'J'I!(t"~ A.D., 20 oCf , and the last publication on the ~ day of ~1-N.H.n J\1t A.D., 20-1ìL; that said nolice was i I I l· published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published In the newspaper proper, and not In a supplement. ., Subscribed in my presence and sv;orn to ROSEMARY CAPELLEN· NOTARY PUBLIC County of State of Uncoln Wyomina M Commission E~pires May 5. 2012 ( \..__/ US Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2006-HE3 By: Danette Baldacci Castle, Meinhold &Stàwiarski Legal Services, lJ.C 330 S. Walsh Dnve, Ste. 202 Casper, WY .82609-0000 Publish: J1U1. 15, 22, 29, Feb. 5 (307) 333 -5379 0115 Certificate of Sale Skeoch 08-13688 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS COUNTY OF NA TRONA ) 00&1.99 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 $2,412.15 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Postage Photocopies Publication Cost Record AOM Conduct Sale Record Cert. of Sale Record Sheriff's Deed Sheriff's Fee - Sale Sheriff's Fee - Cost Total 600.00 1,027.00 158.90 28.25 483.00 8.00 50.00 26.00 11.00 10.00 10.00 $2,412.15 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. : anet e Sal acci astle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 State of Wyoming County of Natrona Thi~ in~trument was acknowledged before me on 5 day of .. tY ,2009 by Danette Saldacci as attorney of Castle, Meinhold and Stawiarski Le al Services, LLC. r\ '..,....',,',..,;. . .,.,.,'.......-.. ,...-c.,....,.. ..,.."..,..... 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