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
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Certificate of Sale
Hackney 08-23670
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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
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