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Home My WebLink About946920 6010817050 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS ) r,oú1..10 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 April 22, 2005, executed and delivered by Paul D. Buck and Katrin 1. Buck to Solidus Financial Resources LLC and (b) that certain mortgage dated April 22, 2005 (the "MortQaQe"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 25, 2005, at Reception No. 907896 in Book 583 at Page 676 , 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, t<:>-wit: PART OF SECTION 19, T31N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, IT BEING THE INTENT TO DESCRIBE THE LAND CONTAINED IN WARRANTY DEED RECORDED AUGUST 16,1979 IN BOOK 156PR ON PAGE 593 OF RECORDS OF LINCOLN COUNTY CLERK AND APPROXIMATELY 13.52 FEET TO THE WEST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 668.508 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 19 AND CONTINUING THENCE N 89°46'49" E, 201.28 FEET; THENCE S 00°00'00" E, 290 FEET; THENCE N 89°46'49" W, 201.28 FEET; THENCE N 00°00'00" E, 290 FEET TO THE POINT OF BEGINNING with an address of 134 Bowles Lane, Smoot, WY 83110-9765 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Option One Mortgage Corporation Assignment dated: April 26, 2005 Assignment recorged: February 26, 2007 Assignment recording information: at Reception No. 927049 in Book 649 at Page 681 Assignee: Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2005-0PT4, Asset Backed Pass-Through Certificates . Assignment dated: August 20, 2008 Assignment recorded: August 21,2008 and Re-Recorded August 25,2008 Assignment recording information: at Reception No, 941478 in Book 702 at Page 796 and Re-Recorded at in Book 703 at Page 52 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. COSPkg . RECEIVED 5/5/2009 at 10:36 AM RECEIVING # 946920 BOOK: 722 PAGE: 110 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Buck 08-14626 Page 1 of 7 .... Of" <41:1 i:'}' ~j..L 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, Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2005-0PT4, 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 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 April 9, 2009 issue of said newspaper and ending with the April 30, 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 May 5, 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 $112,500.00 ("Bid Sum"), which was bid and offered by Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2005-0PT4, 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 $4,063.41 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 May 5, 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 Buck 08-14626 Page 2 of 7 C't~J~ r".':!12 '..,. ~ ",¥ DATED at Kemmerer, Lincoln County, State of Wyoming, this 5 day of May ,2009. Shane JOhnson Sheriff in and for Lincoln County, State of Wyoming By: ~~ ~ Print ß e: 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 May , 2009, presence and 5 day of Witness my hand and official seal. Q(\imrn~Lc:1 ~h)W-b.c?j)__ Notary Public My Commission Expires: --šÃVÂÑÑ'ÃCHA~KES,'-:NOrARŸPÛBì.'Îé~J' ", ' COUNTY OF STATE OF LINCOLN ~ I I ~ W!..0~ING My Commission Expires ~ ." 1'f8#~ -,p.- COSPkg Certificate of Sale Buck 08-14626 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE e,OÜ1.1.3 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 April 22, 2005 (the "MortQaQe"), and recorded on April 25, 2005, at Reception No. 907896 in Book 583 at Page 676 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 Paul D. Buck and Katrin T. Buck ("Mortgagor(s)"), the named mortgagor(s), and Solidus Financial Resources LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Option One Mortgage Corporation Assignment dated: April 26, 2005 Assignment recorded: February 26,2007 Assignment recording information: at Reception No. 927049 in Book 649 at Page 681 Assignee: Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2005-0PT4, Asset Backed Pass-Through Certificates Assignment dated: August 20, 2008 Assignment recorded: August 21,2008 Assignment recording information: at Reception No. 941478 in Book 702 at Page 796 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, ef 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: 71786575345000184917 CERTIFIED MAIL NO. FSN: 71786575345000188946 Katrin T, Buck 134 Bowles Lane Afton, WY 83 11 0 CERTIFIED MAIL NO, NOI: 71786575345000184924 CERTIFIED MAIL NO, FSN: 71786575345000188953 Paul D, Buck 134 Bowles Lane Afton, WY 83110 COSPkg Certificate of Sale Buck 08-14626 Page 4 of 7 CERTIFIED MAIL NO, NOI: 71786575345000184931 CERTIFIED MAIL NO, FSN: 71786575345000188960 Katrin T. Buck 134 Bowles Lane Smoot, Wy 83] 10-9765 CERTIFIED MAIL NO, NOI: 71786575345000184948 CERTIFIED MAIL NO. FSN: 71786575345000188977 PaulO, Buck 134 Bowles Lane Smoot, WY 83110-9765 ... l1: {', A 1.4 ~:V'(V.L CERTIFIED MAIL NO, NOI: 70082810000023121007 CERTIFIED MAIL NO, FSN: 70082810000023122066 Wells Fargo Bank, N.A., as Trustee for Citigroup Mortgage Loan Trust, Series 2005-0PT4, Asset Backed Pass-Through Certificates 3 Ada Irvine, CA 92618 CERTIFIED MAIL NO, NOI: 71786575345000184955 CERTIFIED MAIL NO, FSN: 71786575345000188984 Occupant 134 Bowles Lane Smoot, WY 831 10-9765 CERTIFIED MAIL NO, NOI: 71786575345000184962 CERTIFIED MAIL NO, FSN: 71786575345000188991 Kent Funding, Inc, 11301 W, Olympic Blvd - PMB 606 Los Angeles, CA 90064 3, That the date of mailing of the notice of intent to foreclose the Mortgage was March 24, 2009 and the date of the first publication of the notice of foreclosure sale was April 9, 2009, FURTHER AFFIANT SA YETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on '(J)r5 day of -.&Dr I 1 , 2009 by Danette Baldaccí as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NOTARY PUBLIC HOLLY WAGNER STATE OF WYOMING COUNTY OF NATRONA si n x i M r 13 2.011 f\OQp l~lh~ CU\ (Signatur f notan. officer) Title (and Rank) My commission expires: mO_JcJí) i ~ I ()ìO II COSPkg Certificate of Sale Buck 08-14626 Page 5 of 7 EXHIBIT B !\FFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ,I':", . .' j ,i' "c:'Ji'ORECLpStlRE SALE NOTICE WHElŒAS, default in the payment .of principal and interest has .occurred under the tenns .of a promissorynate (the "Nate") dated April 22, 2005, ex- ecuted andde~yered by PaulÐ;Buck and Ka1rin T., Buck ("Martgagar(s)") ta Salid1,1sFinancial Resaurces LLC,anda 'real estate martgage (the "Mart- gage:.') afthesäJne date securingthèNate,wliich Martgage was executed.and deliveredbYs/!.Ì~ Martgagar(s), ta said Martgagee, and which Martgage was recardedanJ}pril'25,2005, at Receptian Na. 907896 in Baak 583'atPage 676 in the~ecardØ'of the .office .of the Caunty Clerk and ex -afficia Register .of Deeds in and fOJ:' Lincaln Caunty, State .of Wyaming; and WHEREAS, 'the martgage was assigned far value as fallaws: A~sigrl¡:e:,Optian One Martgage Carporatian AssignIXlent dated: April 26, 2005 Assigronent recarded: February 26, 2007 . .' As~ign.ment recarding infannatian: at Receptian Na. 927049 in Boak649 ' at Page 681 Assignee: Wells Farga Bank, N.A.,as Trustee far CitigraupMartgage. Loan Trust, Series 2oo5-QPT4, Asset BäckedPass- Thraugh Certificates Assignment dated: August 20, 2008 " Assignment recarded: August 21, 2008 and Re-Recarded August25,2Ö08 Assignment recarding infannatian: at Receptian Na. 9.41478 in BQak 702 at Page 796 and Re-Recardedat in Baak 703 at Page 52 .,,'. . . All in the-recards .of the Caunty Clerk and eJ!;-afficiaRegister a(Deedsin and far Lincaln Caunty, Wyaming. .... .' '.... '.. ..., WHEREAS, the Martgage cantainsa l?owerafsale,which 1:JYteasonof said default, the Martgagee declares ta have became .operative, an¡jriôsuit .or praceedinghalibeen instituted at law ta recaver the debt secured Py;theMort. gage, arany part there .of, nar has any such. suit .or proceeding be~nÎÍ:ìstituted and the same discantinued; and .' " WHEREAS,writtenn~tice afcintent ta foreclase the Martgage by adver- tisement and sale has b~eJÌservetl.upan th,e recard .owner and the party in passessian of the martgage<! premises at least ten (10) days priar ta the cam- mencement .of this publicatian;liI1d the amaunt due upan the, Martgage an the date .of first publication.of this ~Btíce.of sale being the tatal sum .of $119,649,80 which sum cansists aftIie1U1päi4p~cipal balance '.of $106,822.18 plus in- terest accrued ta the' tiåtëQfthefirst publicatian .of this natice in the amaunt . .of $12,827.62, plus aitprneys,' fees, casts expended, and accruing interest and late charges after the dat~of:fir$t publicatian .of this natice .of sale; WHEREAS, ." The property being fareclp~ed upan may be sUbject ta , other liens and encumbrances that ""ill natbee]ltinguished at the sale. Any pi:aspec.tivepurchaser shauld research the statusof"title befare submitting a bid;" .' ",,,,:,,';: '" ,,':. . NOW, TIIEREF()RE Wells.FargoiBank,,N.A.,as Trustee far Citigraup Martgage Laan T\lÍst, Series 2oq?~()P1'4, Asset Backed Pass~Through Cer- tificates,. as the Martgagee, ~m.'hâvtd1ie Mortgag~:farec1.osed as"bylaw pra-, vided by causing the'lpartgaged,þroperty ta be sald'lltpublic venuetbythe Sheriff .or Deputy Sheriff,inand:;for~mc.?ln, Caunty, WyqI1ringta the highest þidder far cash at .10:00.o::~la~kin'th~jf.o~D.aan an Maý5,2009atthefrant , daar .of the Lincaln CauntXCöurtli.quse,lpcated at 925 Sage Avenue, Kemmerer, WY, Lincoln. Cauno/;fotappliçatian en the' abave~described amounts secured by the Mortgage; saidmortgagedpraperty being described as fallaws,ta"wit:. ". ""_r~··' ,11~ .~ 01:..,,· "t,. I ,ul¡,¡ ,;';;; PUBLISHER'S AFFIDAVIT STATE OF WYOMING ) ss. County of Lincoln ROSEMARY CAPELLEN - NOTARY PUBLIC County of State of ,Lincoln Wyomin, My Commission Expires May 5,2012 PART OF SECTION 19, T31N R1l8WÙF THE 6TH P.M., LINCOLN COUNTY, WYOMING, IT BEING THE INTENT TO DESCRIBE THE LAND CONTAINED IN WARRANTY DEED RECORDED AUGUST 16, 1979 IN BOOK 156PR ON PAGE 593 OF RECORDS OF LINCOLN COUNTY CLERI(AND AfPROXIMATELY 13.52 FEET TO THE WEST, " MOREPARl1QULARLY"J)]3SÇRIBED AS FOLLOWS: '<.BEG~Gf\tÄ'POIN1'66$i508 fEET EAST OFTHENORTIIWEST .'?~f:~~ii~~tiW;~·::'~'. Jø' ri.,. ,.t¡~«~WJ~;i~~itF~~ê~'; N;89ó46Ã49",W\201:28.. '... " ..,. CE~9000œ()Qi''E,290,~E'I1TOTHE ;:POINT OF.BEGINNIN'Q:¡f:"i,,' ....,,; '.. . i·'···'·.· '.' .'... . . ,'with an address .of r34Bpwle~,Lane, Smaat; WX:.831,lO-9765. , . ;Together with all improvemellt~.!hereansitl1~tean~allfiJç~sand'appur- tenances thereta. ':'. '.,...... ", ' .' '.", ' Wells Farga Bank, N.A., as J'rustee farCitigroµpMartgageLo~Trust, Series 2005-0PT4, Asset Backed Pass- Thraugh Certificates . ..' . By: Danette Baldacci Castle, Meinhald & Stawiarsld Legal Services, LLC 330 S.Walsh Drive, Ste. 202 Càsper, WY 82609-0000 (307) 333 537Q Publish: April 9, 1 0409 I, Michael Jensen, d.o solemnly swear that I am the publisher of the Kemmerer Gazette, weekly of general a paper 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 ~ day of ~, A.D., 20~, and the last publication on the ~ day of Q)~JLt lL _ i i l A.D., 20~; that said nolice was 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 a nol III " supplement. " "'I iJ~ ~:~-ael sen, Publisher Subscribed in my presence and sv,orn to Certificate of Sale Buck 08-14626 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY (:OV1.1.6 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 $4,063.41 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600,00 Attorney Fees (Bankruptcy) 450,00 Title Commitment 565,00 Postage 64,26 Photocopies 26.45 Statutory Notice Fee 87.50 BK Objection to Plan 200,00 Publication Cost 540,00 Publication Cost FSN 4-14-09 538.20 BK Atty fee MFR 700,00 FTP Update x 2 200,00 Conduct Sale 50,00 Record Cert, of Sale 11,00 Record Sheriffs Deed 11,00 Sheriffs Fee - Sale 10,00 Sheriffs Fee -Costs 10,00 Total $4,063.41 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. FURTHER AFFIAN YET NA GHT. '- By: Danette cci astle, Meinhold, & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on 'òì8 day of p-pn J ,2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ~u~Ja~~ , J\' ~Ubllr Title (and'Rank) My commission expires: rYì Q.J()1 10) ¡f(j{J I I COSPkg Certificate of Sale Buck 08-14626 Page? of?