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HomeMy WebLinkAbout9476526010817406 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson ) SS w=°~ X45 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 19, 2006, executed and delivered by Glenn B. Hackney III a/k/a Glenn B. Hackney to Mortgage Electronic Registration Systems, Inc., as nominee for Stewart Lender Services and (b) that certain mortgage dated December 19, 2006 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 21, 2006, at Reception No. 925545 in Book 644 at Page 370 , 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 202 OF LAKEVIEW ESTATES SUBDIVISION, TRACT A, A SUBDIVISION IN THE S1/2SE1/4 OF SECTION 29, T37N, R118W, 6TH P.M., WYOMING ACCORDING TO THAT PLAT OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK with an address of 778 Lodge Lane, Alpine, WY 83128 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 Stewart Lender Services ("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 May 14, 2009 issue of said newspaper and ending with the June 4, 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. COSPkg RECEIVED 6/9/2009 at 12:15 PM Certificate of Sale RECEIVING # 947652 Hackney 08-23670 BOOK: 724 PAGE: 745 Page 1 of 7 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BOG 746 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to-wit: On June 9, 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 $190,263.18 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Stewart Lender Services ("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 $3,398.09 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 June 9, 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 9th day of June , 2009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print N e. John Jackman Title: Deputy Sheriff COSPkg Certificate of Sale Hackney 08-23670 Page 2 of 7 -747 ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 9th day of June 2009. Witness my hand and official seal. My Commission Expires: I-%901 Jenny Clark. - IVctary Public County of Slate of Lincoln IN'yoming My Commission Exp. COSPkg nlAA.111 I A 0jivuzy NtryPu c Certificate of Sale Hackney 08-23670 Page 3 of 7 EXHIBIT A 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 19, 2006 (the "Mortgage"), and recorded on December 21, 2006, at Reception No. 925545 in Book 644 at Page 370 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 Glenn B. Hackney III a/k/a Glenn B. Hackney ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Stewart Lender Services 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. N01: 71786575345000154118 CERTIFIED MAIL NO. FSN: 71786575345000157553 CERTIFIED MAIL NO. FSN2: 71786575345000205988 CERTIFIED MAIL NO. NOPP: 71786575345000172297 CERTIFIED MAIL NO. NOPP2: 71786575345000183262 Glenn B. Hackney III aka Glenn B. Hackney 778 Lodge Lane Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000154125 CERTIFIED MAIL NO. FSN: 71786575345000157560 CERTIFIED MAIL NO. FSN2: 71786575345000205995 CERTIFIED MAIL NO. NOPP: 71786575345000172303 CERTIFIED MAIL NO. NOPP2: 71786575345000183279 Glenn B. Hackney III aka Glenn B. Hackney PO Box 6511 Jackson, WY 83002-6511 CERTIFIED MAIL NO, N01: 70081830000133208947 CERTIFIED MAIL NO. FSN: 70083230000075867639 CERTIFIED MAIL NO. FSN2: 70082810000023117314 CERTIFIED MAIL NO. NOPP: 70083230000075874064 CERTIFIED MAIL NO. NOPP2: 70082810000023120628 Mortgage Electronic Registration Systems, Inc. , as nominee for Stewart Lender Services c/o Fidelity National FC Solutions 1270 Northland Drive, #200 Mendota Heights, MN 55120 CERTIFIED MAIL NO. NOI: 70081830000133208923 CERTIFIED MAIL NO. FSN: 7008323000007586 CERTIFIED MAIL NO. FSN2: 70082810000023117321 CERTIFIED MAIL NO. NOPP: 70083230000075874071 CERTIFIED MAIL NO. NOPP2: 70082810000023120611 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, Ml 48501 COSPkg CERTIFIED MAIL NO. NOL 71786575345000154132 CERTIFIED MAIL NO. FSN: 71786575345000157577 CERTIFIED MAIL NO. FSN2: 71786575345000206008 CERTIFIED MAIL NO. NOPP: 71786575345000172310 CERTIFIED MAIL NO. NOPP2: 71786575345000183286 Occupant 778 Lodge Lane Alpine, WY 83128 CERTIFIED MAIL NO. NOL 71786575345000154149 CERTIFIED MAIL NO. FSN: 71786575345000157584 CERTIFIED MAIL NO. FSN2: 71786575345000206046 CERTIFIED MAIL NO. NOPP: 71786575345000172327 CERTIFIED MAIL NO. NOPP2: 71786575345000183293 Novastar Mortgage, Inc. 2650 Decker Lake Blvd., 2"' Floor Salt Lake City, UT 841 19 Certificate of Sale Hackney 08-23670 Page 4 of 7 CERTIFIED MAIL NO. NOT: 70081830000133208930 CERTIFIED MAIL NO. FSN: 70083230000075867622 CERTIFIED MAIL NO. FSN2: 71786575345000206015 CERTIFIED MAIL NO. NOPP:70083230000075874057 CERTIFIED MAIL NO. NOPP2: 70082810000023120604 Stewart Lender Services 9700 Bissonnet, Suite 1500, Mail Stop 27 Houston, TX 77036 CERTIFIED MAIL NO. NOT: 71786575345000154156 CERTIFIED MAIL NO. FSN: 71786575345000157591 CERTIFIED MAIL NO. FSN2: 71786575345000206022 CERTIFIED MAIL NO. NOPP: 71786575345000172334 CERTIFIED MAIL NO. NOPP2: 71786575345000183309 Betty Lou Armani-Rogers Box 3072 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 15, 2009 and the date of the first publication of the notice of foreclosure sale was May 14, 2009. FURTHER AFFIANT SAYETH NAUGHT. r r ' nette Bali ac Cass e, 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 H _day of JuQtf , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ~i i- ITOT WAGNER GT lJl WMHOLLY STATE OF WYOMING Signature f notarial o ICer) COUN'T'Y OF NATRONA 1 S.~loEx r~Mar «I3,201 Title (and ank) My commission expires: 0)1 COSPkg Certificate of Sale Hackney 08-23670 Page 5 of 7 yd^.. 5- 0 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE 2, WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note")'dated 19ecem- ber 19 2006, executed and delivered by Glenn B. Hackney III a/k/a Glenn B. Hackney ("Mortgagor(s)") to Mortgage Electronic Registration Sys- tems, Inc., as nominee for Stewart Lender Services, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed,ahd delivered by'said Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded omDecember 21, 2006,' at Reception No. 925545 in Book 644 at Page 370 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 Mortgage, 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 advertisement 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 commencement of this'publication, andthe amount due upon the Mortgage on the date of -first publication of this notice of sale being the total sum of $185,177.03 which sum consists of the unpaid principal balance of $172;000.00 plus interest accrued to the date of the first pub- lication of this notice in the amount of $10,941.88; plus late charges in the amount of $396.27; plus an escrow advance in the amount of $906.97, plus other outstanding charges inthe' amount of $931.91, plus attorneys' fees, costs expended, and accruing `interest 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 sub- mitting a bid NOW, THEREFORE Mortgage Electronic Registration Systems; Inc., as nominee for Stewart Lender Services, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged prop- erty 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 onJune 9, 2009 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 Mort- gage, said mortgaged property being described as follows, to-wit: LOT 202 OF LAKEVIEW ESTATES SUBDIVISION, TRACT A, A SUBDIVISION IN THE S1/2SEl/4 OF SECTION 29, T37N; R1 18W, 6TH P.M., WYOMING ACCORDING TO THAT PLAT OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK withan address of 778 Lodge Lane, Alpine; WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Mortgage ElectronicRegistration'Systems, Inc., as nominee for Stewart Lender Services By: Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 May 14 21, 28, June 4 . 0514B 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 _4 day of A.D., 20, and the last publication on the day of A.D., 20O_; 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 publishes( in the newspaper proper, and not in a supplement. Michael Je e Publisher Subscribed in my presence and sv.•orn to ay of ROSEMARY CAPELLEN - NOTARY PUBLIC County of State of Lincoln " ' Wyoming My Commission Expires May 5, 2012 COSPkg Certificate of Sale Hackney 08-23670 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) 0, CQ i51 ) SS COUNTY OF NATRONA ) 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 $3,398.09 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 712.00 Postage 170.24 Photocopies 27.35 Title Claim Fee 125.00 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 Publication Cost NOPP 303.60 FTP Update x 3 300.00 Publication Cost NOPP2 227.70 Publication Cost FSN2 400.20 Total $3,398.09 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 SAYETH AU T. anette Bad cc' C , Meinhold, tawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona Th\tiss instrument was acknowledged before me on _day of,~~ r/ I I , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. IIM MY~IP%T'C 0 1 MOLLY 1RONER 'A A ure , f ota ial icer STATE OF WYOMING 1 ) ion ELY COUNTY OF NATRONA ~ I ommi~si ri ~x i x 11 ATitle (and Rank) My commission expires: r') ii ac r), DEC I COSPkg Certificate of Sale Hackney 08-23670 Page 7 of 7