HomeMy WebLinkAbout9484256010917748
STATE OF WYOMING
COUNTY OF LINCOLN
Shane Johnson
) SS
00,0858
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 September 22, 2006, executed and delivered by
Laura L. Wilmot to Mortgage Electronic Registration Systems, Inc., as nominee
for Countrywide Home Loans, Inc. and (b) that certain mortgage dated
September 22, 2006 (the "Mortgage"), securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on October 16, 2006, at Reception No. 923432 in Book 637 at Page
251 , 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 1A OF LAKEVIEW ESTATES INCORPORATED TRACTS A-F
SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED
ON THE OFFICIAL PLAT THEREOF.
THIS PARCEL HAS BEEN FORMERLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT NORTH 0°0' EAST, 110.00 FEET,
MORE OR LESS, AND NORTH 50°30' WEST, 396.5 FEET FROM
THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 37
NORTH RANGE 118 WEST OF THE 6TH P.M., SAID POINT
BEING ON THE WEST BOUNDARY LINE OF THE GREYS RIVER
ROAD, THENCE SOUTH 57°20' WEST, 175 FEET, MORE OR
LESS; THENCE NORTH 50°30' WEST, 125 FEET, MORE OR
LESS, TO THE SOUTH BOUNDARY LINE OF LOT 211, OF
LAKEVIEW ESTATES; THENCE NORTH 57°20' EAST, 175 FEET,
MORE OR LESS, TO THE WEST BOUNDARY LINE OF THE
SAID GREYS RIVER ROAD; THENCE SOUTH 50°30' EAST, TO
THE POINT OF BEGINNING.
THIS PARCEL ALSO HAS BEEN FORMERLY DESCRIBED AS
FOLLOWS:
STARTING AT A POINT NORTH 58°45' WEST, 519 FEET FROM
THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 37
NORTH RANGE 118 WEST OF THE 6TH P.M., LINCOLN
COUNTY, WYOMING AND RUNNING THENCE NORTH 50°45'
WEST, 130 FEET; THENCE NORTH 49°05' EAST, 150 FEET;
THENCE SOUTH 50°30' EAST, 155 FEET; THENCE SOUTH
57°20' WEST, 175 FEET TO THE POINT OF BEGINNING IN
LAKEVIEW ESTATES INCORPORATED TRACT (A)
with an address of 316 Greys River Road, 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.
COSPkg Certificate of Sale
RECEIVED 7/21/2009 at 12:08 PM Wilmot 09-05666
RECEIVING # 948425 Page 1 of 7
BOOK: 727 PAGE: 858
JEANNE WAGNFR
LINCOLN COUNTY CLERK,_....., ERER, WY
CERTIFICATE OF SALE
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 Countrywide Home Loans, Inc. n/k/a Countrywide
Home Loans Servicing LP ("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 June 25, 2009 issue of said
newspaper and ending with the July 16, 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 July 21, 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
$ 144,500.00 ("Bid Sum"), which was bid and offered by
Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Home Loans, Inc. n/k/a Countrywide Home Loans Servicing
LP ("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 $2,780.20 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 July 21, 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
Wilmot 09-05666
Page 2 of 7
"~~86®
DATED at Kemmerer, Lincoln County, State of Wyoming, this
21day of July , 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print L1,61 JOHN STETZENBACH
Title: DepUty Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by JOHN STETZENBACH
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
July , 2009.
Witness my hand and official seal. ICU
m
Notary Public
My Commission Expires:
SAVANNA L. NAWKES - NOTARY PUHUC
COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires 4412111
COSPkg Certificate of Sale
Wilmot 09-05666
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
September 22, 2006 (the "Mortgage"), and recorded on October 16, 2006, at
Reception No. 923432 in Book 637 at Page 251 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 Laura L. Wilmot ("Mortgagor(s)"), the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Countrywide Home Loans, Inc. 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: 71786575345000186478
CERTIFIED MAIL NO. FSN: 71786575345000189004
CERTIFIED MAIL NO. NOPP: 71786575345000204936
CERTIFIED MAIL NO. FSN2: 71786575345000227928
Laura L. Wilmot
316 Greys River Road
Alpine, WY 83128
CERTIFIED MAIL NO. NOL 71786575345000186485
CERTIFIED MAIL NO, FSN: 71786575345000189011
CERTIFIED MAIL NO. NOPP: 71786575345000204943
CERTIFIED MAIL NO. FSN2: 71786575345000227935
Laura L. Wilmot
PO Box 3408
Alpine, WY 83128-0408
CERTIFIED MAIL NO. N01: 70082810000023121342
CERTIFIED MAIL NO. FSN: 70082810000023122073
CERTIFIED MAIL NO. NOPP: 70082810000023117093
CERTIFIED MAIL NO. FSN2: 70082810000023106417
Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Home Loans, Inc. n/k/a Countrywide Home Loans
Servicing LP
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065-6298
CERTIFIED MAIL NO. N01: 71786575345000186492
CERTIFIED MAIL NO. FSN: 71786575345000189028
CERTIFIED MAIL NO. NOPP: 71786575345000204967
CERTIFIED MAIL NO. FSN2: 71786575345000227942
Occupant
316 Greys River Road
Alpine, WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 26, 2009 and the date of the first publication of the
notice of foreclosure sale was June 25, 2009.
COSPkg Certificate of Sale
Wilmot 09-05666
Page 4 of 7
FURTHER AFFIANT SAYETH NAUGHT.
C"00862
State of Wyoming
County of Natrona
Bye Danette Balms
Castle, Meinhold, & Stawiarski Legal Services, LLC
330 Walsh Drive, Ste. 202
Casper, WY 82609-0000
3073335379
This instrument was acknowledged before me on
_day of j L, I i Q , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Sta0arski Legal Services, LLC.
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f1Y.h F!'f uS y ry f«•~ f 1 Ar{4 i, '~1 g ~i1 T~9a ~
My commission
COSPkg
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t inatur'ee otarial o cer)
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Title (and R nk)
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Certificate of Sale
Wilmot 09-05666
Page 5 of 7
863
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B
PUBLISHER'S AFFIDAVIT
' FORECLOSURE SALE'NOTICK2'
WHEREAS, default in the payment'of pruicipaLand interesblias oc-
curred under the terms of a'promissory note`(the "Note..") dated,Septein-s
bet 22, 2006, executed and delivered by Laura L. Wilmot `Mortgagor(s)
i to Mortgage Electronic,Registration Systems, Inc., as nominee for. Count,
trywide Home Loans, Inc., and a real estate mortgage (the "Mortgagr")
of the sam e date securing the-Note, which Mortgage was executed and
delivered by said Mortgagor(s); to said;Mortgagee and which iVl9rtg.e
was recorded on October 16, 2006, at Reception No923432 in Bonk
637 at Page 251 in the records of the office of :the County Clerk and e
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 proceed '
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 *
party in possession of the mortgaged premises atleast ten (10) days prior
to the commencement-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 $148,585.59 which pum consists of the unpaid-principal.
balance of $139,143,85 plus intetest accrued to the date of the first pub-.
lication of this'notice in the amount of $6,759.71,` plus late charges in the
amount of $94.48, plus an escrow advance in'the'amount of $858.96,
plus other outstanding charges in the amount of $1,728.59, plus attor,
neys' 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, tQ'
other liens and encumbrances that will not be extinguished at the sale.,
Any prospective purchaser should.rese'arch the status of title,before sub-
mitting a bid; ;
NOW, THEREFORE Mortgage Electronic Registration; Systems, Inc.,;
as nominee foi Countrywide Home Loans, Inc. n/k/a Countrywide Home,
Loans Servicutg LP, as the Mortgagee., will have the Mortgage foreclosed
as by law provided by causing.the mortgaged property to be sold at pub-
lic 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 July 21, 2009 at the front door of the Lincoln County Courthouse
located at 925 Sage Avenue, Kemmbrer,.WY,' Lincoln County, for appli-
cation on the above-described, amounts secured by the Mortgage, said
mortgaged property, being.described as follows, to-wit:
LOT 1A OF-LAKEVIEW ESTATES INCORPORATED TRACTS,
A-F. SUBDIVISION,' LINCOLN. COUNTY, WYOMINQ AS DE-
SCRIBED ON THE OFFICIAL PLAT THEREOF THIS PARCEL HAS
BEEN FORMERLY DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT NORTH 0°0' EAST, 110,00 FEET, MORE OR LESS, AND
NORTH 50°30' WEST; 396.5 FEET FROM THE SOUTHEAST COR=NER OF SECTION 29, TOWNSHIP 37'NORTH'RANGE 118 WEST
OF THE 6TH P.M,, SAID POINT BEING ON THE WEST BOUND
ARY LINE OF THE GREYS RIVER ROAD, THENCE SOUTH 57°90'
WEST, 175 FEET, MORE OR LESS; THENCE NORTH 50°30' WEST;
125 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY LINE OF
LOT 211 OF LAKEVIEW ESTATES; THENCE NORTH 57°20'.EAST,,
175 FEET, MORE OR`LESS, TO THE WEST BOUNDARY LINE OF
THE SAID GREYS RIVER:ROAD; THENCE SOUTH 50'30'. EAST;
TO THE POINT OFBEGINNING. THIS PARCEL ALSO HAS BEEN
FORMERLY DESCRIBED AS FOLLOWS: STARTING AT A POIN'>?
NORTH 58°45' WEST, 519 FEET FROM THE SOUTHEAST COR
NER OF SECTION 29, TOWNSHIP 37_NORTH . RANGE 118 WE"
ROSEMARY CAPELLEN • NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May, 5, 2012
OF THE 6TH P.M., LINCOLN COUNTY, WYOMING AND RUNNING
THENCE NORTH 50°45' WEST, 130 FEET; THENCE NORTH 49°05'
EAST, -150 FEET; THENCE SOUTH 50°30' EAST; 155 FEET; THENCE
SOUTH 57020' wE5 T,175 FEET TO THE POINT OF BEGINNINGW
LAKEVIEWESTATES INCORPORATED TRACT (A)
with an address of 316 Greys River Road, Alpine, WY 83128.
Together with all improvements thereon situate and'all.fix`tures and
appurtenances ,thereto.
Mortgage Electronic Registration Systems, Ine,, as nominee for
Countrywide Home Loans,, Inc:'n/k/a'Country wide,Home Loans;
Servicing IMP-
By: Danette Baldacc .
Castle, Meinhold & Stawiarski Legal Services; LLC
330 S. Walsh Vrive', Ste. 202
Casper, WY 82609-0000
(307) 333 53'79
Publish: June 25, Jullv 2, 9, 16: 2009 09-05666
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
day of
A.D., 20 , and the last publication on
the day of
A.D., 20 ; that said police 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 nol in a
supplement.
Michael Jens, Publisher
Subscribed in my presence and sworn to
before me on this day of
A.D., 20
Certificate of Sale
Wilmot 09-05666
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY oOO86 4
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 $2,780.20
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
600.00
Title Commitment
633.00
Statutory Notice Fee
101.00
Publication Cost
538.20
Conduct Sale
50.00
Record Cart, 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 NOPP
110.40
Publication Cost FSN2
579.60
FTP Update
100.00
Total
$2,780.20
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 AFKAW,9AYETH NAUGHT,/)
P'. s D nette Baldac'~
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
LV--_day of , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiars i Legal Services, L'LC.
i tz'ret;ECn;M~ 7'~rit,~a3m1tF5,syn~ ~c~~ ' C'
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ti Nt~ ~a"~ A' natur otarial fficer)
Fl9 C ji- Title (and R nk)
' ~*t'*~:iPwCxCc!x3rCy's~ar
My commission expires: NU 0/1 vb 'x) I i
COSPkg Certificate of Sale
Wilmot 09-05666
Page 7 of 7