The URL can be used to link to this page

Home My WebLink About9473406010917833 CERTIFICATE OF SALE STATE OF WYOMING )SS 4100656 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 December 1, 2007, executed and delivered by Albert G. Temme to Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC and (b) that certain mortgage dated December 1, 2007 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 31, 2007, at Reception No. 935912 in Book 682 at Page 540 , 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: PART OF LOT 1 OF BLOCK 22 TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST OF SAID LOT 1 AND RUNNING THENCE NORTH 110 FEET; THENCE WEST 10 RODS; THENCE SOUTH 110 FEET; THENCE EAST 10 RODS TO THE POINT OF BEGINNING with an address of 448 Madison, Afton, WY 83110-9737 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 System, Inc., as nominee for New Day Financial, LLC ("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 30, 2009 issue of said newspaper and ending with the May 21, 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 COSPkg Certificate of Sale RECEIVED 5/26/2009 at 10:45 AM Temme 09-07213 RECEIVING # 947340 Page 1 of 7 BOOK: 723 PAGE: 656 - JEANNE WAGNER LINCOLN COUNTY CLERK, K_ RER, WY CUPOOGs7 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 26, 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 $211,559.37 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration System, Inc., as nominee for New Day Financial, LLC ("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 $2,011.50 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 26, 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 -z6- day of May 12009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Miff Bo Title: Deputy Sheriff COSPkg Certificate of Sale Temme 09-07213 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS 00065 The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 26 day of May 12009. Witness my hand and official seal. Notary Public FF 4411 My Commission Expires: SAVANNA L. HAWNES - NO RY ~UULI COUNTY OF STATE OF LINCOLN ~_...11 WYOMING ~sion ExQires~ COSPkg Certificate of Sale Temme 09-07213 Page 3 of 7 EXHIBIT A 0OV" G 5 9 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 December 1, 2007 (the "Mortgage"), and recorded on December 31, 2007, at Reception No. 935912 in Book 682 at Page 540 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 Albert G. Temme ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC 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: 71786575345000195265 CERTIFIED MAIL NO. FSN: 71786575345000200082 Albert G. Temme 448 Madison Afton, WY 83110-9737 CERTIFIED MAIL NO. NOI: 71786575345000195272 CERTIFIED MAIL NO. FSN: 71786575345000200099 Albert G. Temme PO Box 1587 Afton, WY 83110-1587 CERTIFIED MAIL NO. N01: 71786575345000195289 CERTIFIED MAIL NO. FSN: 71786575345000200105 Albert G. Temme 92686 US Highway 89 Grover, WY 83122 CERTIFIED MAIL NO. NOI: 70083230000075874750 CERTIFIED MAIL NO. FSN: 70082810000023118410 Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC 3415 Vision Drive Columbus, OH 43219 CERTIFIED MAIL NO. NOI: 71786575345000195296 CERTIFIED MAIL NO. FSN: 71786575345000200112 Occupant 448 Madison Afton, WY 83110-9737 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 13, 2009 and the date of the first publication of the notice of foreclosure sale was April 30, 2009. COSPkg Certificate of Sale Temme 09-07213 Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. 0006x'6® By`ar?tte Bal ac Cast le einhold, & 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 D)()__day of M011, 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars Legal Services, LLC. F NOTARY PUBLIC ) HOLLY WAGNER STATE= OF WYOMING (Signatu " ~~f notari officer) COUNTY OF NATRONA it i rugs i1.`2011 Mm n 'rj Title (an Rank) My commission expires: U/1) i lb 13)01 COSPkg Certificate of Sale Temme 09-07213 Page 5 of 7 EXHIBIT B 00016-61 PUBLISHER'S AFFIDAVIT KEDMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the. "Note") dated December 1, 2007, 4ecuted and delivered by Albert G. Temme ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC, 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 December 31, 2007, at Reception No. 935912 in Book 682 at Page 540 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 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 suit or proceeding been instituted ahd the same discontinued; and . WHEREAS, written notice of intent to foreclose the Mortgage by adver- Osement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the com- 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 $206,735.90 which sum consists of the unpaid principal balance of $196,948.79 plus in- terest accrued to the date of the first publication of this notice in the amount of $9,331.20, plus attorneys' fees, costs expended, and accruing interest and late charges after. the date of fast publication of this notice of sale; GVyIEREAS; `The1property being foreclosed upon may be subject to other li&s'atid'eiictimbrances tli'at'tiVill iidf'lse'extirlgui'shed at the sale;; Any.pro- s~ective purchaser should research the status of title before submitting a bid; NOW, THEREFORE Mortgage Electronic Registration. System, Inc., as nominee for New Day Financial, LLC, as the Mortgagee, will have the Mort- gage' 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 bidder for cash at 10:00 o'clock in the forenoon on May 26,2-009 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: PART OF LOT 1 OF BLOCK 22 TO THE TOWN OF AFTON, LIN- COLN COUNTY, WYOMING BEING MORE PARTICULARLY DE- SCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST OF SAID LOT 1`AND RUNNING THENCE NORTH 110 FEET; THENCE WEST 10 RODS; THENCE SOUTH 110 FEET; THENCE EAST 10 RODS TO THE POINT OF BEGINNING with an address of 448 Madison, Afton; WY. 83110-9737. Together with all improvements thereon situate and all fixtures and appur- tenances thereto: Mortgage Electronic Registration System, Inc., as nominee for New Day Financial, LLC ,By: Danette Baldacci Castle,: Meinhold & Stawiarski Legal Services, LLC 330.S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Publish April 30, May 7, 14, 21, 2009 0430A ROSEMARY CAPELLEN - NOTARY PUBLIC County of ;raw State of Lincoln a' a:' Wyoming My Commission Expires May 5, 2012 COSPkg 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 insertions, the first publication having been made on the _ZE) day of A.D., 20and the last publication on the c:~ I day of ~M ale- A.D., 20_Dl~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 publisher) in the newspaper proper, and not in a supplement. Michael Jen Je, Publisher Certificate of Sale Temme 09-07213 Page 6 of 7 of Subscribed in my presence and sworn to EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING COUNTY OF NATRONA ) SS 000, 662 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 $2,011.50 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 767.00 Statutory Notice Fee 62.50 Publication Cost 414.00 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 $2,011.50 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 AFFIANT YETH NAU HT. y: anette Bal ci Castle, 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 1 ~ day of . 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarskit6gal Services, LLC. 1 9 ~~'1 / Aft PU]Lc, HOLLY 9d YR natural of notari offi STANT Oi= tA'YNCi (Sig _zI OF N cC7 ~fl cer QNA \ 0f C ~ c ms i n _x Ir.Y 7 Title (and Rank) My commission expires: R]W'U 11), 1101 ri COSPkg Certificate of Sale Temme 09-07213 Page 7 of 7