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HomeMy WebLinkAbout946098 6010817469 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) ) SS ) ûO\i533 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 March 29, 2007, executed and delivered by Kristin Sorensen and Lance C. McFadden to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. and (b) that certain mortgage dated March 29, 2007 (the "Mortqaqe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 2, 2007, at Reception No. 928095 in Book 653 at Page 272 , 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 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 522 Kodiak Circle, Thayne, WY 83127 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 Taylor, Bean & Whitaker Mortgage Corp. ("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 26, 2009 issue of said newspaper and ending with the February 19, 2009 issue thereof and again once a week for four (4) consecutive weeks, commencing with the February 26, 2009 issue of said newspaper and ending with the March 19, 2009 issue thereof; that said notices were 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 notices 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 notices and the publisher's affidavit of publication thereof are attached hereto as Exhibit 8 and by this reference made a part hereof. COSPkg RECEIVED 3/24/2009 at 11 :27 AM RECEIVING # 946098 BOOK: 718 PAGE: 533 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Certificate of Sale Sorensen 08-26186 Page 1 of8 ÜOv534 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On March 24, 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 $224,955.53 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp. ("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 $2,643.15 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 March 24, 2009, 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 24 day of March , 2009. Shane Johnson Sheriff in and for of Wyoming n County, State By \J' sC Print Name: John Starcevich Title: Deputy Sheriff COSPkg Certificate of Sale Sorensen 08-26186 Page 2 of 8 ACKNOWLEDGMENT OO\i535 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 March ,2009. presence and I 24 day of Witness my hand and official seal. R(1~ãI\NY\1."--C1 N(L~ Notary Public My Commission Expires: ~"'"'(J.~.......n,. ,-,·:·.~:~·,:-,t,·_~:-1?"~:..~}:· ' . SAVANNA L HAWKES - NOTARY PUBLIC COUNTY OF LINCOLN COSPkg Certificate of Sale Sorensen 08-26186 Page 3 of 8 EXHIBIT A 00&536 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING COUNTY OF NATRONA ) ) 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 March 29, 2007 (the "Mortqaqe"), and recorded on April 2, 2007, at Reception No. 928095 in Book 653 at Page 272 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 Kristin Sorensen and Lance C. McFadden ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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: 71786575345000151872 CERTIFIED MAIL NO. FSN: 71786575345000157485 CERTIFIED MAIL NO. NOPP: 71786575345000171658 Kristin Sorensen 522 Kodiak Circle Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000151896 CERTIFIED MAIL NO. FSN: 71786575345000157508 CERTIFIED MAIL NO. NOPP: 71786575345000171672 Kristin Sorensen P.O. Box 84 Wilson, WY 83014 CERTIFIED MAIL NO. NOI: 71786575345000151926 CERTIFIED MAIL NO, FSN: 71786575345000157522 CERTIFIED MAIL NO. NOPP: 71786575345000171696 Lance C, McFadden P.O. Box 84 Wilson, WY 83014 CERTIFIED MAIL NO. NOI: 70081830000133191157 CERTIFIED MAIL NO. FSN: 70083230000075867608 CERTIFIED MAIL NO. NOPP: 70083230000075873913 Mortgage Electronic Registration Systems, Inc as nominee for Taylor, Bean & Whitaker Mortgage Corp. 1417 N. Magnolia Avenue Ocala, FL 34475 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000151889 CERTIFIED MAIL NO, FSN: 71786575345000157492 CERTIFIED MAIL NO. NOPP: 71786575345000171665 Kristin Sorensen 3644 South 1100 East , Salt Lake City, UT 84106 CERTIFIED MAIL NO. NOI: 71786575345000151902 CERTIFIED MAIL NO. FSN: 71786575345000157515 CERTIFIED MAIL NO. NOPP: 71786575345000171689 Lance C. McFadden 522 Kodiak Circle Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000151933 CERTIFIED MAIL NO. FSN: 71786575345000157539 CERTIFIED MAIL NO. NOPP: 71786575345000171702 Lance C. McFadden 3644 South 1100 East Salt Lake City, VT 84106 CERTIFIED MAIL NO. NOI: 71786575345000151919 CERTIFIED MAIL NO. FSN: 71786575345000157546 CERTIFIED MAIL NO. NOPP: 71786575345000171719 Occupant 522 Kodiak Circle Thayne, WY 83127 Certificate of Sale Sorensen 08-26186 Page 4 of 8 ÜOv537 CERTIFIED MAIL NO. NOI: 70081830000133191140 CERTIFIED MAIL NO. FSN: 70083230000075867585 CERTIFIED MAIL NO. NOPP: 70083230000075873890 Mortgage Electronic Registration Systems, Inc P.O. Box 2026 Flint, MI 4850 I CERTIFIED MAIL NO. NOI: 70081830000133191133 CERTIFIED MAIL NO. FSN: 70083230000075867592 CERTIFIED MAIL NO. NOPP: 70083230000075873906 Taylor, Bean & Whitaker Mortgage Corp, 14i7 N. Magnolia Avenue Ocala. FL 34475 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 12, 2009 and the date of the first publication of the notice of foreclosure sale was February 26, 2009. FURTHER AFFIANT SA YETH NAUGHT. State of Wyoming County of Natrona This in9!r:ument was acknowledged before me on ¡ q day of n"ì Clf Cr ) , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Nott~~ (Signatur of n tanal officer) Title (and R nk) My commission expires: maxcn il7, ?;ìO f I COSPkg Certificate of Sale Sorensen 08-26186 Page 5 of 8 EXHIBIT B PUBLISHER'S AFFIDAVIT ,,~." r3~:""I f...CJ\.J~. d KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming '....,."FORECLOSURE SALEN()TICE WHEREAS, default in the payment of principahuid iIÌ.terest has occurred under the tenns of a promissory note (the "Note") dated March 29, 2007, executed and deliveredby Kristin Sorensen and Lance C. McFadden ("Mortgagor(s)")to ¥pí:tg¡igeElectronic ~egistrlltion SysteffiS,Inc., asnomi- nee for Taylor, Bean & Whitaker Mortgage Corp.; 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 April 2, 2007, at Reception No. 928095 in Book 653 at Page 27~ in the reèordsöf the office ofthe County Clerk and ex-officio Register of Deeds in an( , fOI: Lincoln County, State of Wyoming; and WHEREAS, the Mortgage contains a power of sale which by reason of ~aid default, the Mortgagee declares to hay~ become operative; and no suit or proceeding has been instituteµ ¡it la~torepover the debt secured by the Mort- gage', or any part thereof,.norpasanysqçh'suit or proceeding been in~tituted and the same discontinued; áÌ1çl' . , ' WHEREAS,written notice of intent to foreclose the Mortgage by adver~ tisement ~d. sale, ~~, bee~ s¡;:rved UPOI1.tl1e:reSP~ci.o~l.1er ¡iml,thePIl11y" in possession of the mörigagedpreinisesat least teti(lO) dàys þriortothecom- mencement of this. publication, and the arnountdu~upon the Mortgage on the date of first publicationofthis,l.10tice ofsaie be41gthe total sum of $217 ,~12.g6~ which, sum' consists,dfthe.unp\Ùd pririqipRl' jli!anç!ióf,$207,69q~QO. plus in.", terest accrued to the date of the first publication of this notic,e in. the aµ¡.ount of $9,668.78, plus late charges in the ¡:¡mountof$3~2.71, l~ss.out~~dlng balance in the ¡i 11ouIlt of ~138.66,plus attomey~" fees, costSeJ!:pèn;ded., and,' accruing interest and late charges after the date offirstpublicatiòn of this notice of sale; WHEREAS,.Thepr()p~rtyqeingJorecl()sed upon may be S?bjeèt~o.other .,,1iensand elÌbU11brances 'that will not be exringuished at the salè.' Any prO- spectivepurchaser should research the status of title before submitting, a bid; NOW, THEREFORE Mortgage Electronic 'Registration System~, Inc as, nominee· ,.for1ì\ylor,.Be!ffi. 8t.Whitli](er MOrt~ageFp1]J~j as" the Mptlgagee, , wiU'.havetheMórtgage .foJ.'eplosecias Þy layv!w.;ovidedbycau~ing,tije.,mort~ ", gaged property to be sold at public venue by the Sheriff or Deputy Sheriff in ' and for Lincoln CountY, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on February 24,2009 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on ~e above-described amountS secured by the. Mort- ' gage, said mortgaged property being described as follows, to-wit: , LOT 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION, LIN- COLN COUNTY, WYOMING AS DESCRlBED ON THE OFFICIAL PLAT THEREOF. i , ' .' ' , ,with an address of 522 Kodiak Circle, Th!!-yn~, WY 83127. Together with all imprQvements tþereo~ ~ituaw: an.lI.all fixtures and app.ur~ tèÏÙmces .'tlien~tQ;~:,;, "..,(~'... ;'-,~,,; ¡ '¡, ·::~-.".¡._'..I'..~:Jr:;'''~~~~lf;¡ I "~.:','~~.::':"', ~~ 'I:'-,';.'! '.., .,_:d. .,:, "..r' ,¡!'< "'! ,,Mg¡;tg~gr,ßlectrol).Í81~·Hgistrll:tion, ~ystYP'l~"'~,C;t~, no~~e~ ,fof,T!!-ylor, , Bean & yy .uitaker mortgage. Corp. ,By: Danette Baldacci , Castle, Meinhold & Stawiatski . Legal Services, LLC 3.3Q S.Walsh Drive, Ste. 202 Casper, wY82609-0000 ,'., . '. '(307) 3335379' " 0129A "V"r-'Kg Kemmerer Wyoming STATE OF WYOMING ) ss. County of Lincoln I, Michael Jensen, d.o 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 saìd newspaper for ~ insertions, the first publication having been made on the ~ day of ~~ua~Ið'. A.D., 20--'1.fL-, and the last publication on the...l.:L day of Jg1h1Ja~ A.D., 20..1EL; that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said n'otice was published III the , , newspaper proper, and no I III a " supplement. ~~ . Michael Je sen, Publisher ., Subscribed in my presence and sworn to C,;ertltlcate of Sale Sorensen 08-26186 Page 6 of 8 EXHIBIT B OOi.i539 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ..,f , " '"" ..f:-~OTJ:CE:'OF'P9STPt?NE~~{~ '7@$û ~ Q) (, OF EORECLOSURKSALE "iI¡~~e ·~o~ @,.1AS, default in the payment of princiP!Ù and interest hasoð(e ðcl Ulo" ~/termsof a promissoryrtote (the "Note") dated March 29, 2U0.7, execlhvdand delivered by ,Kristin SorenseI\:and Lance C. MqFadden ("Mortgagor(s)") to Mortgage Electronic RegisqationSystems, Inc" as nomi- nee for Taylor, Bean &Whit:&<:er Mortgage, Corp. ('~Mortgagee")"aricl'a real estate mortgage (the "Mortgage'.') of the sam~ date, securing ,the Note; which Mortgage was executed and. delivered by MOI1gagor(s), tOMortgagee; and which Mortgage was recorded in the records of the office of the County Clerk and ex-officio Register ofpeeds in and for Uncoln County, State,ofWyo- ming, on April 2, 2007, at~eception No. 928095 in Book 653 at Page 272; wHEREAS, written notice ofintenuoforeclose ~eMortgage by adver- tisement ancl sale,pursuant to the terms of the Mortgage, has been ,served upon the record oWner an~ party in possession of the mortgaged PJ;'emise$ at least ten (10) days pnor to first publication, of the noµce of sale;' ", The pröperty covered by said Mortgageis,described as follows: ' LOT 13 OF BEAR HOLLOW TWIN HOMES SUBDIVISION; <LIN-, COLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. .',,', '., "...,', ",' <"1"",',1" , ,with an address of 522 Kodiak Circle,ThaYIie,WY 83¡27. >,. '\",c,,' , WHEREAS, theprope~being foreclqseduppnmaybe subje~tto other liens and encumbrances tha~ :will, not be extii)guished atthesaleiAny, pro- sPective, purchaseNhould research.the statµs ciftitle bèfore submittirig a bid; , " NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes Secnön' 34-4-109 (2003) that the fore,closure sale of the ~bove Mortgage, scheduled for February 24, 20.09 at the, front door' of the LincólnCöunty Courthoùl¡ie located at 925 Sage Avenue, Kemmerer,WY, Lincoln Coµnty, State ofWyò- ming, has been postponed ,to 10:0.0. o 'clocl,c in the forenoon on March¡24, 20.0.9 at the front door of the Lincoln CountyCoµrthoúse located at 925Sàge Avenue, Kemmerer, WY, Lincoln County, Sta~e of Wyoming. :1,'0'., Mortgage Electronic ,Regisqation Systems,Inc as nominee forTaylôr, Bean & Whitaker Mortgage Corp, By: Danette Bå1dâ6ci Castle, Meinhold, & Stawiarski Legal Services;:µ';C , 330.Walsh Drive, Ste.20.2 'çasper, VfY 82699~OOOO . 307333!5379 Publish: February 26; 20.0.9, March 5,12,19,20.0.9 ", 0.226:0 ROSEMARY CAPEll N· NOTARY PUBLIC County 01 State of Untoln Wyomln, M Commission E~p¡res 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 , 'I' , , Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was published in saîd newspaper for --±- insertions, the first publication having been made on the ~daYOf~ A.D., 20 oct ,and the last publication on the ~ day of \fV\l1hº~ \ A.D., 20 t)C{ ; that said nolice was published in a regular and entire issue of the paper(s) in which it was published; and that said n"otice was published In the '1 ! newspaper proper, and nol III a supplement. ensen, Publisher Subscribed in my presence and sworn to day of ., 20.12!1-. EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS COUNTY OF NA TRONA ) (;Æhi540 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 $2,643.15 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 700.00 Title Commitment 790.00 Postage 212.10 Photocopies 28.25 Publication Cost 402.00 Publication Cost NOPP 289,80 Date Down Policy 100.00 Conduct Sale 50.00 Record Cert. of Sale 29.00 Record Assn, of Cert. of Sale 11.00 Record Sheriff's Deed 11.00 Sheriff's Fee - Sale 10.00 Sheriff's Fee - Costs 10.00 Total $2,643.15 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. \ ----.J State of Wyoming County of Natrona . This instrument was acknowledged before me on I c¡ day of rYìQrr__h ,2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ) j! ;, g~~o~~-0 \"""'.>.-._: ".. ,"';''''<'' .' ," r; Title (and RanK') , ~ -, "., f..... "~<;. -.~~ ~ My commission expires:' y(~ Clf C~ì f (7] (ðìO I \ COSPkg Certificate of Sale Sorensen 08-26186 Page 8 of 8