HomeMy WebLinkAbout9477906010917727
STATE OF WYOMING
COUNTY OF LINCOLN
Shane Johnson
) SS
OU
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 13, 2008, executed and delivered by Cal
Larson and McKenzie Larson to The Bank of Star Valley and (b) that certain
mortgage dated June 13, 2008 (the "Mortgage"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on June 18, 2008, at Reception No. 939890 in Book 697 at
Page 671 , 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 6 ROCKBRIDGE MEADOWS FIRST ADDITION TO THE
TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 14, 2005
AS INSTRUMENT NO. 909983 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK
with an address of 66 Rockbridge Drive, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Academy Mortgage Corporation
Assignment dated: June 19, 2008
Assignment recorded: June 20, 2008
Assignment recording information: at Reception No. 939939 in Book 697 at Page
868
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: July 3, 2008
Assignment recorded: August 1, 2008
Assignment recording information: at Reception No. 940966 in Book 701 at Page
355
,Assignee: Wells Fargo Bank, N.A.
;Assignment dated: April 11, 2009
;,Assignment recorded: April 28, 2009
'Assignment recording information: at Reception No. 946806 in Book 721 at Page
603
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 6/16/2009 at 11:13 AM Certificate of Sale
Larson 09-05283
RECEIVING # 947790 Page 1 of 7
BOOK: 725 PAGE: 489
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF SALE
490
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 May 21, 2009 issue of said
newspaper and ending with the June 11, 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 June 16, 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
$390,949.03 ("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 $2,448.55 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 16, 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
Larson 09-05283
Page 2 of 7
r--06491
DATED at Kemmerer, Lincoln County, State of Wyoming, this
16 day of June 1 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: iff Boyd
Title: Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd ,
Deputy Sheriff of Lincoln County, State of Wyoming, this 16 day of
June 2009.
Witness my hand and official seal.
Notary Public
My Commission Expires:
SAVANNA L. HAWKE0:~PU~COUNTY OF STAf Nf
0"
LINCOLN WYNF'r1N
My Commission Ez
COSPkg Certificate of Sale
Larson 09-05283
Page 3 of 7
EXHIBIT A 0 ~ 0 0'` 92,,,
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 June
13, 2008 (the "Mortgage"), and recorded on June 18, 2008, at Reception No.
939890 in Book 697 at Page 671 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 Cal Larson and McKenzie Larson ("Mortgagor(s)"), the named
mortgagor(s), and The Bank of Star Valley is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: Academy Mortgage Corporation
Assignment dated: June 19, 2008
Assignment recorded: June 20, 2008
Assignment recording information: at Reception No. 939939 in Book 697 at Page
868
Assignee: Mortgage Electronic Registration Systems, Inc.
Assignment dated: July 3, 2008
Assignment recorded: August 1, 2008
Assignment recording information: at Reception No. 940966 in Book 701 at Page
355
Assignee: Wells Fargo Bank, N.A.
Assignment dated: April 11, 2009
Assignment recorded: April 28, 2009
Assignment recording information: at Reception No. 946806 in Book 721 at Page
603
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:
COSPkg Certificate of Sale
Larson 09-05283
Page 4 of 7
4 9~
CERTIFIED MAIL NO. NO[:
CERTIFIED MAIL NO. FSN
Cal Larson
66 Rockbridge Drive
Afton, WY 83110
71786575345000203663 CERTIFIED MAIL NO. NOI: 71786575345000203670
71786575345000209757 CERTIFIED MAIL NO. FSN: 71786575345000209764
Cal Larson
132 Circle Drive
Afton, WY 83101
CERTIFIED MAIL NO. NOI: 71786575345000203687
CERTIFIED MAIL NO. FSN: 71786575345000209771
McKenzie Larson
66 Rockbridge Drive
Afton, WY 83110
CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT
Wells Fargo Bank, N.A.
3476 Stateview Blvd
Fort Mill, SC 29715
Courtesy Copy
CERTIFIED MAIL NO. FSN:
Alex N. Doulgerakis
Tomas G. Doulgerkis
c/o Randall B. Luthi
Luthi & Voyles, LLC
P.O. Box 820
Thayne, WY 83127-0820
CERTIFIED MAIL NO. NOI: 71786575345000203700
CERTIFIED MAIL NO. FSN: 71786575345000209788
McKenzie Larson
132 Circle Drive
Afton, WY 83101
CERTIFIED MAIL NO. N01: 71786575345000203717
CERTIFIED MAIL NO. FSN: 71786575345000209795
Occupant
66 Rockbridge Drive
Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 4, 2009 and the date of the first publication of the notice
of foreclosure sale was May 21, 2009.
FURTHER AFFIANT SAYETH NAUGHT.
B anette Baldacci
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 J (A n t~ , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
OTARY P~ , / 1
HOLLY WAGNER STATE OF WYOMING notarial o Icer
COUNTY OF NA.TRONA (Signature )
; 9t~C 2Q4
sin Ex it j:t.
comm
FC.ra .
Title (and Rank)
My commission expires: m ca c- vi i oj I -()1o I I
COSPkg Certificate of Sale
Larson 09-05283
Page 5 of 7
A
AFFIDAVIT OF PUBLICATION
STATE OF WYOMING
Kemmerer Gazette EXHIBIT
B ) ss.
County of Lincoln
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
Michael Jensen, do solemnly swear that
I
WHEREAS,,default in the;,payment oflprincipal and interesthas' wl
,
curred under. the terms of a`Jgromissory note (the `Note',.') dated June 13,
2008, executed and delivered by Cal Larson and`McKenzie Larson'`.
I am the publisher of the Kemmerer
(t Mortgagor(s
M The
Bank of Star Valley, and a real estate mortgage''.
e,
s
(the "Mortgage) of the same date securing the Note, which Mortgage'
was executed and delivered :by said Mortgagor(s), to said Mortgagee; ,
Gazette, a weekly paper of general
and which Mortgage was recorded on June° 18, 2008, 'at Reception, No: '
939890 in Book 697 at Page 671 in the records of the office of the County,
'
Clerk and ex-officio'Register of Deeds in and for Lincoln County;,Slate
circulation, published once a week at
of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
Kemmerer, Lincoln County, Vdyoming;
Assignee: Academy Mortgage.Corporation.
Assignment dated: June 19, 2008 `
Assignment recorded: June 20, 2008
that the notice attached hereto, and which
Assignment recording information: at Reception N6.939939 in Book
697 at Page 868
Assignee: Mortgage Electronic Registration 'Systems,. Inc.
is part of the affidavit, was published in
Assignmentdated:.July 3, 2008
Assignment recorded: August 1, 2008
Assignment recording information:ailZeceptionNo:940966in Book
said newspaper for _ insertions, the
701 at Page 355
Assignee: Wells Fargo Bank, N.A.
Assignment dated: April l 1 , 2009
first publication having been made on the
.Assignment recorded: April 28, 2009
Assignment recording information: at Reception No. 946806 in Book ;
day of
721 at Page 603
_
All in the records of the County Clerk and ex-officio Register of Deeds
in and for Lincoln County, Wyoming.
A.D., 20 l , and the last publication on
WHEREAS, the Mortgage;contains a power of sale '.which by reason.,,
of said default, the Mortgagee declares'to have become operative, an
d no
suit or proceeding has been instituted at law to recover the debt secured,i
the t day of
by the Mortgage, or'any part thereof; nor has any such stet or proceeding'
been instituted and.thersarne discontinued; and
WHEREAS, written notice of intent.to foreclose the Mortgage by_
A.D., 20 09 that said nollce was
advertisement and sale has been 'served upon the record owner and the-,
party in possession of the, moitgagedpremisesatleast ten(10)'days prior„
to the commencement of this publication, and the amount due upon the
ublished in a reUlar and entire issue of
p g
Mortgage on the date of firsCpublicatlon of this notice of sale being the.
total sum of $383,762.74- which Sum' consists of the unpaid pru}cipal
the paper(s) In which it was published; and
balance of $371,607.08 plus interest accrued to the. date of the first pub-~ ,
lication of this notice in the amount of $12,155.66, plus attorneys' feed;' .
costs expended, and aceruing_interest and late charges 'aftef the',Idate of
that said notice was published in the
first publication of this notice of sale;
WHEREAS, The property being foreclosed upon may tie{ subject to
other liens and'encumbrances,that will notbe extinguished at4he sale:
'
newspaper proper, and no( in a
Any prospective purchaser should research the status of title be
fofe sub;
matting a bid;
NOW, THEREFORE Wells Fargo Bank, N.A as the'Mortgagee, will ,
supplement.
have the Mortgage foreclosed as by law provide& by ca6singrthe Mort-
gaged property to be sold at public venue by the Sheriff,oibeputy Sher-.
iff in and for Lincoln County
Wyoming to the highest bidder'for cash at
,
10:00 o'clock in the forenoon on June 16; 2009 at the front door of the,,
Lincoln County Courthouselocatedat925SageAvenue;4Kemmerer,W-' ,
Publisheh
Michael Je n
Lincoln County, for application on the above described amounts secured,.
,
by the Mortgage, said mortgaged; property, being described as follows; ;
to-wit:
Subscribed in my presence and sworn to
"re me n this 1 day of
ROSEMARY CAPELLEN • NOTARY PUBLIC
County of ; . State of
f '
Lincoln Wyoming
My Commission Expires May 5, 2012
-
LOT 6 ROCKBRIDGE MEADOWS FIRST ADDITION TO THE'
TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DEj`,
SCRIBED ON THE'OFFICIAL PLAT FILED ON JULY," 14, 2005 AS
INSTRUMENT NO. 909983 05THE RECORDS OF THE LINCOLN"
COUNTY CLERK
with an address of 66 Rockbridge Drive, Afton, WY 83110:
Together,with atfimprovements thereon situate and all fixtures'and
appurtenances thereto.
~ ?We11s,Fargo Bank,N.A,
13y7anetteBaldacci-
Castle, Meinhold & Stawiarskr Legal Services, LL0'
330 S: Walsh Drive, Ste. 202"
Casper, WY 82609-oood"
(307),J33 5379 Certificate of Sale
Published: May 21, 28, June 4, 1.1, 2009 0521:.
Larson 09-05283
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY 000495
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 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 $2,448.55
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
600.00
Title Commitment
1,162.00
Statutory Notice Fee
63.75
Record AOM
8.00
Publication Cost
496.80
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 - Costs
10.00
Sheriffs Fee- Sale
10.00
Total $2,448.55
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 5aystyle, ETH NA
7,,-By: NAUGHT.
4anette Ba i
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
I day of jI A h t', 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
AffY PUgLIC
HOLLY VtfAGNER
STATE:Ot wYOMINO (Signatur o notari officer)
COUNTY OF NATRONA M No 1,\1 thV
M Cmmir ire s<«,r ^ 2U9i
Title (and ank)
My commission expires: R-) (:)j C_Vl 1~~ ~1C l
COSPkg Certificate of Sale
Larson 09-05283
Page 7 of 7