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Home My WebLink About9484266010917893 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) SS Shane Johnson upon his oath, states and certifies as follows: C"ov86 5 of lawful age, being first duly sworn 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 May 22, 2008, executed and delivered by Jack E. Vogt to Mortgage Electronic Registration Systems, Inc., as nominee for Access National Mortgage and (b) that certain mortgage dated May 22, 2008 (the Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 3, 2008, at Reception No. 939492 in Book 696 at Page 353 , 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: LOTS 14, 15 AND 16 OF BLOCK 29 OF THE FIRST ADDITION TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 588 South Oak Street, Labarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 22, 2009 Assignment recorded: June 1, 2009 Assignment recording information: at Reception No. 947480 in Book 724 at Page 270 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. 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 COSPkg RECEIVED 7/21/2009 at 12:11 PM RECEIVING # 948426 BOOK: 727 PAGE: 865 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Vogt 09-08550 Page 1 of 7 C1~00866 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 $195,942.29 ("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 $2,019.20 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 2_ day of July 1 2009. Shane JOhnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na : JOHN STETZENBACH Title: Deputy Sheriff COSPkg Certificate of Sale Vogt 09-08550 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS CU- 0 v867 The foregoing instrument was subscribed in my presence and acknowledged before me by JOHN STETZENBACH Deputy Sheriff of Lincoln County, State of Wyoming, this _2 day of July , 2009. Witness my hand and official seal. My Commission Expires: a-Loneuy-nn Notary Public SAVANNA L. NAWI(~S - NOTARY PUBLIC COUNTY OF 4 ~F STATE OF LINCOLN WYOMING My Commission Expires COSPkg Certificate of Sale Vogt 09-08550 Page 3 of 7 C400868 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 May 22, 2008 (the "Mortgage"), and recorded on June 3, 2008, at Reception No. 939492 in Book 696 at Page 353 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 Jack E. Vogt ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Access National Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 22, 2009 Assignment recorded: June 1, 2009 Assignment recording information: at Reception No. 947480 in Book 724 at Page 270 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: CERTIFIED MAIL NO. NOL 71786575345000222312 CERTIFIED MAIL NO. FSN: 71786575345000227843 Jack E. Vogt 588 South Oak Street Labarge, WY 83123 CERTIFIED MAIL NO. NOI: 71786575345000222329 CERTIFIED MAIL NO. FSN: 71786575345000227850 Jack E. Vogt PO Box 4023 Big Piney, WY 83113 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 CERTIFIED MAIL NO. N01: 71786575345000222336 CERTIFIED MAIL NO. FSN: 71786575345000227874 Occupant 588 South Oak Street Labarge, WY 83123 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 8, 2009 and t of foreclosure sale was June 25, 2009. he date of the first publication of the notice COSPkg Certificate of Sale Vogt 09-08550 Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. .V869 Py;/Danette Bal ac astle, 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 l0 day of j , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. euir F ?Xd ii.hR""*FTUa'S^'1 7 _ a~tF?^.AYtR ` fi / ~ 7~ f~~R l 1 ~ )BIJG ( 3 ~Od P "r 1A4VNd NE--, 'gn S i tureUf otarial o icer) n , w ray V,, f,n w~IM""fir t + ? r , Z!~ ~ E' Eprklf R 7d Z - eft' ~ 1.3 "6~ n Title (and R nk) My commission expires: C VI I q.~ -))QI i COSPkg Certificate of Sale Vogt 09-08550 Page 5 of 7 C008'7® EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the, payment of principal and interest has oc- curred under the terms of a promissory, note (the "Note") dated May 22, 2008, executed and delivered by lack E. Vogt ("Mortgagor(s)") to Mort- gage Electronic Registration Systems, Inc., as nominee for,Access Na- tional Mortgage, and areal 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 June 3, 2008,` at Reception No. 939492 in Book 696 atPage 353. 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. was assigned for value as follows: Assignee: Wells'Fargo Bank, N.A. Assignment dated: May 22, 2009 Assignment recorded: June 1, 2009 Assignment recording information: at Reception No. 947480 in Book 724 at Page 270 All in the records of the County Clerk and ex-officio Register.of Deeds in and for Lincoln County, Wyoming. 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 theMortgage, 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 advertsement: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, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $1W,317,71-,which sum consists of the unpaid principal balance of $183,526.70 plus interest accrued to, the date of the first pub- lication of this notice in the; amount of $7,126.75, plus late charges in the amount of .$226,53; plus, an escrow advance in the amount of •$989.88, plus other outstanding chargesin the amount of $233.56, 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, THEREFOREWells Fargo. Bank;'N.A., as. the Mortgagee, will. have the Mortgage foreclosed ns by law provided by causing the moat gaged property to. be sold at public venue by the Sheriff or Deputy Sher- iff in and for Lincoln County, Wyolning'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, Kemmerer, WY, Lincoln County, for application on the above-described amounts' secured by the Mortgage, said mortgaged. property being described as follows, to-wit: LOTS 14,15 AND 16 OF BLOCK 29 OF THE FIRST'ADDITiON TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING, AS DESCRIBED, ON THE OFFICIAL PLAT THEREOF. with an address of 588 South Oak Street, Labarge, WY 83123; Together with all improvements thereon situate and all fixtures and appurtenances thereto. - Wells Fatgo,Bank,'N.A. By: Danette Baldacci Castle, Meinhold. & Stawiarski Legal Services',, LLC. 330 S. Walsh Drive, Ste. 202: Casper, WY'82609-0000. (307) 333 5319 Publish: June 25, July 2, 9, 16, 2009 09-08550 aMARY GIPELLEN - G NOTARY PUBI 11ecOMd WYOMW4 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 forte- insertions, the first publication having been made on the 4 day of A.D., 20-Ca_, and the last publication on the Up day of 0 --q A.D., 20_0_~_; 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 published in the newspaper proper, and not in a supplement. Michael Jens , Publisher Subscribed in my presence and sworn to day of Certificate of Sale Vogt 09-08550 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) SS UIOV871 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 $2,019.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 735.00 Statutory Notice Fee 39.00 Publication Cost 469,20 Record AOM 8.00 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 $2,019.20 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 AFFI YTH NAUGBald 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 I day of , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. '+a a'-M ^'~wt1!Ru1hTNMA9~~°~`*r.~'.~.mt"r~.4"T8T~3'u' V PI('TA r IF 2 i 5 1 N✓ l; LY I 7'" ~q 5 ~ I i I .rA 4 ~ A f r,f - 4~ ~1 i ~a. (i dFF~F{~! ~ i ature otarialo er) T i { \b~ FlNti- 11 ( ..)l~ f J 01 ~6 F E4O Title (and ank) My commission expires: M11 9„ + ~y f COSPkg Certificate of Sale Vogt 09-08550 Page 7 of 7