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Home My WebLink About9470876010816710 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) SS ~w~~7S5 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 June 6, 2005, executed and delivered by Kaly Don Sellers to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage and (b) that certain mortgage dated June 6, 2005 (the "Mortgage'), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 8, 2005, at Reception No. 909076 in Book 587 at Page 650 , 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: A portion of the NE1/4SE1/4 of Section 23, T34N, R119W of the 6th P.M., Lincoln County, Wyoming and being a portion of that certain parcel of land contained in Warranty Deed recorded June 18, 1992 in Book 311 PR on page 497 of records of Lincoln County Clerk and being more particularly described as follows: Beginning at a point in the North boundary of the SE1/4 of said Section 23, said point being 775.50 feet West of the B.L.M. type monument marking the Northeast corner of the said SE1/4; thence South 162.00 feet, along the West boundary of said land in Book 311; thence East 142 feet along that portion of the North boundary of the land contained in Warranty Deed recorded April 14, 1997 in Book 396PR on page 8 of records of Lincoln County Clerk, to the West boundary of the land contained in said Book 396; thence North 162 feet along that portion of the West boundary of the land contained in Book 396 to the said North boundary of the SE1/4 of said Section 23; thence West 142 feet along said North boundary of the said SE1/4 to the Point of Beginning with an address of 311 Dana Street, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: December 8, 2008 Assignment recorded: December 11, 2008 Assignment recording information: at Reception No. 944125 in Book 711 at Page 35 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. COSPkg RECEIVED 5/12/2009 at 11:19 AM Certificate of Sale Sellers 08-08251 RECEIVING # 947087 Page 1 of 7 BOOK: 722 PAGE: 765 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00076 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Wells Fargo Bank, N.A. ("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 16, 2009 issue of said newspaper and ending with the May 7, 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 12, 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 $136,562.08 ("Bid Sum"), which was bid and offered by Wells Fargo Bank, N.A. ("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 $2,112.60 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 12, 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 12 day of May 12009. COSPkg Certificate of Sale Sellers 08-08251 Page 2 of 7 C00767 Shane Johnson STATE OF WYOMING COUNTY OF LINCOLN The foregoing acknowledged before me Deputy Sheriff of Lincoln May , 2009. Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Doug Roberts Title: Deptitiy Sheriff ACKNOWLEDGMENT ) SS instrument was subscribed in my presence and by Doug Roberts , County, State of Wyoming, this 12 day of Witness my hand and official seal. Notary Public My Commission Expires: _.:-.gym-~~-,~-m'_ , . SAVANNA L. HAWKES N9TARY PUBLIC - COUNTY OF STATE OF LINCOLN 1~ . ' y WYOMING My Commission Expire COSPkg Certificate of Sale Sellers 08-08251 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 00V768 STATE OF WYOMING ) ) SS COUNTY OF NATRONA ) 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 6, 2005 (the "Mortgage"), and recorded on June 8, 2005, at Reception No. 909076 in Book 587 at Page 650 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 Kaly Don Sellers ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: December 8, 2008 Assignment recorded: December 11, 2008 Assignment recording information: at Reception No. 944125 in Book 711 at Page 35 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: 71786575345000189882 CERTIFIED MAIL NO. FSN: 71786575345000193131 Kaly Don Sellers 311 Dana Street Thayne, WY 83127 CERTIFIED MAIL NO. N01: 71786575345000189899 CERTIFIED MAIL NO. FSN: 71786575345000193148 Kaly Don Sellers 3171 Hopeland Ct Powder Springs, GA 30127-5391 CERTIFIED MAIL NO. NOI: 71786575345000189905 CERTIFIED MAIL NO. FSN: 71786575345000193155 Kaly Don Sellers P.O. Box 1423 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd., MAC#7801-014 Fort Mill, SC 29715 CERTIFIED MAIL NO. NOL 71786575345000189912 CERTIFIED MAIL NO. FSN: 71786575345000193162 Occupant 311 Dana Street Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 70083230000075867059 CERTIFIED MAIL NO. FSN: 70083230000075864812 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501-2026 COSPkg Certificate of Sale Sellers 08-08251 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000189929 CERTIFIED MAIL NO. FSN: 71786575345000193179~~s~ Quicken Loans Inc. V 20555 Victor Parkway Livonia, Ml 48152 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 2, 2009 and the date of the first publication of the notice of foreclosure sale was April 16, 2009. FURTHER AFFIANT SAYETH NAUGHT. B anette Ba dac tle, Meinhol 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 day of Mal J, , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski e al Services, LLC. r T9 uc 5~TA E OF~wY4RiIING (Si nature f tanal 44i6er) COUNTY OF NATRONA ►~►mi I Ex i M r 1, 2011 Title (and R nk) My commission expires: I-YWC-1/ 1 Lj) I '~))0 f I COSPkg Certificate of Sale Sellers 08-08251 Page 5 of 7 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal, and interest has occurred under the terns of a'promissory note (the "Note") dated June, 6, 2005,'ex- ecuted and delivered by Kaly Don Sellers ("Mortgagor(s)") to Mortgage Elec- tronic Registration Systems, Inc., as nominee for Major Mortgage, 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'Mort- gagee, and which Mortgage was recorded on June 8,'2005, at Reception No: 909076 in Book 587 at Page 650 in the records of the office of. the County Clerk and ex-officio Register of Deeds in and for Lincoln County, State p, f Wyoming; and WHEREAS, the mortgage was assigned for value as follows: Assignee: Wells Fargo. Bank, N.A ' Assignment dated: December 8, 2008 Assignment recorded: December 11, 2008. Assignment recording information: at Reception No. 944125 in Book 71 at Page 35 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 of sale which by reason„af said default, the Mortgagee declares to have become operative, and no suit 6ir proceeding has been 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 l erved upon the record. owner and the party in possession of the mortgaged remises at least ten (10) days prior to the cotn,- mencement of this publication,' and the amount due upon the Mortgage on the date;of first publication of this notice of sale being the total sum of $132,926...99 which sum consists of the unpaid principal` balance of $119;763.72 plus;.}; terest accrued to the date of,the'first publication of this notice in the amount of $8,888.43, plus late charges in the amount of $479.38, plus an escrow advance in the amount of $1,489.26; plus other outstanding charges in the amount of $2,247.39 plus,,attorneys' fees, costs expended, and accruing:ip terest and;late charges afterthe date;of first publication of this notice of sale; WIE13REAS,' The property beingforeclosed upon may be subject to other liens and encumbrances that will.not be extinguished at the sale. Any pro- spective purchaser: should reseaich.the status of title before submitting a bid; NOW, THEREFORE Wells Fargo Bank;'N,A.,:as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged prop; ertyto .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 MV y 12, 2009.at the front door of the Lincoln County Cou t house•.located at 925,-Sage Avenue`Kemmerer, WY, Lincoln County, for ap- plication on the above-described 'amounts secured by the Mortgage, saiq mortgaged property being described as follows; to-wit: A PORTION OFTHENORTHEAST QUARTER OF THE SOUTHEA§ QUARTER OF SECTION b, TOWNSHIP 34 NORTH, RANGE l I9 WEST OF THE, 6TH P.M., LINCOLN COUNTY, WYOMING AND BEING A PORTION OF THAT CERTAIN PARCEL OF LAND CONTAINED IN .WARRANTY DEED RECORDER TUNE 18, 1992 IN BOOK 311 PR ON PAGE 497 OF R< C';,ORDS, OF LINCOLN COUNL`Y CLERK, AND BEING MORE PA1tTr ' .CL]RLY DESCRIBED AS FOLLOWS: ; 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; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for -4-insertions, the first publication having been made on the _ day of A.D., 20and the last publication on the day of A.D., 20-&Cl ; 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 in the newspaper proper, and not in a supplement. Michael sen, Publisher Subscribed in my presence and sworn to day of Certificate of Sale Sellers 08-08251 Page 6 of 7 ROSEMARY CAPELLEN - NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 `BEGINNING AT A POINT IN THE NORTH.,BOUNDARY OF TIC SOUTHEAST' QUARTEROF SAID SECTION 23; AND POINT BEING 775.50 FEET WEST!OF THE B.L.M. TYPE MONtT1VIENT~MARKING THE NORTHEAST CORNER'OF THE.; SAID SOUTHEAST. QUARTS, THENCE SOUTH"i62.00 FEET, ALONG THE WEST BOUNDARY (ZF SAID LAND'IN BOOK 311; THENCE EAST 142 EP,'" ONG THAI,'' PORTION OF THE NORTH BOUNDARY OF THE 6AR CONTAIN1 IN WARRANTY DEED RECORDED APRIL 14, 1997 IN BOOK 396ft ON PAGE 8 OF RECORDS OF LINCOLN COUNTY CLERK, TO -TI WEST SOIL DARki OF THE LAND CONTAINED IN ' SAID BOOK 39 t THENCE NORTH 152 FEET ALONG THAT PORTION OF THE WESt' BOUNDARY OF THE LAND CONTAINED IN BOOK 396,TO T1;IE SAID NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SEC, TION, 23;'TH-IENCE WEST 142 FEET ALONG SAID NORTH BOUND4 ARY OF THE SAID SOUTHEAST 'QUARTER TO THE POINT OF BE' GINNING with an address of 311 Dana Street, Thayne, WY 83127. . Together with all improvements thereon situate and all fixtures and appurf tenances thereto. Wells Fargo Bank, N.A By: Danette•Baldacci Castle, Meinhold & Stawiarski Legal Services, nd 330 S. Walsh Drive,:Ste. 20 Casper, WY. 82699.900 fIW7% z22 Cn'7(h EXHIBIT C i AFFIDAVIT OF ATTORNEY 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 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 $2,112.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 579.00 Statutory Notice Fee 75.00 FTP Update 100.00 Publication Cost 579.60 Record AOM 11.00 Conduct Sale 50.00 Record Cert, of Sale 26.00 Record Assn. of Cert. of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Fee - Sale 10.00 Sheriffs Fee - Costs 10.00 Total $2,112.60 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 AFF~ANT A~ETH ~AUGH7, n 11 - (panette Bald cci a e, Meinhold, Staw' rski Legal Services, LLC 330 Walsh Drive, e. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on day of MQl 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarsk(JLdgal Services, LLC. HOLLY WAGNER 11ti1' STATE OF WYOMING Signature notarial 6fficer) COUNTY OF NATRONA nmi sin x , M. 13. 201 VV OLLVIIIL Title (and Rank) My commission expires: mayuy) COSPkg Certificate of Sale Sellers 08-08251 Page 7 of 7