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HomeMy WebLinkAbout9485956010917963 CERTIFICATE OF SALE STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) Shane Johnson 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 April 20, 2005, executed and delivered by Gloria Spiker aka Gloria Jorgensen to Beneficial Wyoming Inc. and (b) that certain mortgage dated April 20, 2005 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 21, 2005, at Reception No. 907818 in Book 583 at Page 543 , 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 628C OF LAKEVIEW ESTATES INCORPORATED, TRACTS A-F, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 175 Trail Drive, 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, Beneficial Wyoming Inc. ("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 ExhibitA 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 July 2, 2009 issue of said newspaper and ending with the July 23, 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 28, 2009 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of COSPkg Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 RECEIVED 7/28/2009 at 12:09 PM Page 1 of 7 RECEIVING # 948595 BOOK: 728 PAGE: 504 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 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 $167,878.18 ("Bid Sum"), which was bid and offered by Beneficial Wyoming Inc. ("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 $2,037.20 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 28, 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 2,9 _ day of July , 2009. Shane John n Sheriff in and for Lin In ounty, State of Wyoming B ~J Gti~' Y Print Name: John Starcevich Title: Deputy Sheriff COSPkg Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 2 of 7 ACKNOWLEDGMENT r°,5®6 STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) The foregoing instrument was subscribed in my presence and acknowledged before me by John Starcevich , Deputy Sheriff of Lincoln County, State of Wyoming, this 22 _ day of July 2009. Witness my hand and official seal. ~t~71iY1mr~- il CQ Notary Public My Commission Expires: SAVANNA L. HAW06 - NOTAHV P BL C T , COUNTY OF l STATE OF LINCOLN C WYO NG My Commission Expires COSPkg Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 3 of 7 EXHIBIT A '-a e:,1,50'°ym 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 April 20, 2005 (the "Mortgage"), and recorded on April 21, 2005, at Reception No. 907818 in Book 583 at Page 543 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 Gloria Spiker aka Gloria Jorgensen ("Mortgagor(s)"), the named mortgagor(s), and Beneficial Wyoming 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: 71786575345000226327 CERTIFIED MAIL NO. FSN: 71786575345000231574 Gloria Spiker aka Gloria Jorgensen 175 Trail Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000226334 CERTIFIED MAIL NO. FSN: 71786575345000231581 Gloria Spiker aka Gloria Jorgensen PO Box 3485 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000226341 CERTIFIED MAIL NO. FSN: 71786575345000231598 Don Jorgensen 175 Trail Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000226365 CERTIFIED MAIL NO. FSN: 71786575345000231611 Beneficial Wyoming Inc. 636 Grand Regency Blvd Brandon, FL 33510 CERTIFIED MAIL NO. NOI: 71786575345000226389 CERTIFIED MAIL NO. FSN: 71786575345000231635 Beneficial Wyoming, Inc. 1363 Dewar Drive, Plaza Mall, Ste. B Rock Springs, WY 82901 CERTIFIED MAIL NO. NOI: 71786575345000226358 CERTIFIED MAIL NO. FSN: 71786575345000231604 Don Jorgensen PO Box 3485 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000226372 CERTIFIED MAIL NO. FSN: 71786575345000231628 Occupant 175 Trail Drive Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 16, 2009 an of foreclosure sale was July 2, 2009. COSPkg d the date of the first publication of the notice Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. y 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 day of , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar ki Legal Services, LLC. ii9. '^`^a 9y^JCr~e F.7-~b.M1'.H~"3' swa.'4Ga - (sign ature otarial icer) ' ~ 1 p 1'y y)li4r" 0;i l F 06 ti~T F^O A Lit ~ V c P ror ! r a u r, F ~f;: a' t c p s 1 Title (and Rank) My commission expires: I COSPkg Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT :EMMERER GAZETTE Kemmerer Wyoming i,FFIDAVIT 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 April 20, 2005, executed and delivered by Gloria Spiker; aka ,Gloria Jorgensen ("Mortgagor(s)") to Beneficial Wyoming Inc., and a.'realestate 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 April 21,2005,; at, Reception No.., 907818 in Book 583 at Page 543 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.opeiative, 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; grid 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, and the amount due upon the, Mortgage on the date of first publication of this notice of sale being the total sum of $170,274,99 whitrh sum consists of the unpaid principal balance of $160,972.18, plus interest accrued to the date of the first pub- lication.ofthis'notice in the arnount of $9,302181, plus attorneys' fees, costs expended; and accruing interest andlate charges after the "date of. first publication of this notice of sale; WHEREAS, The property being foreclosed upon maybe 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 Beneficial Wyoming Inc., as the Mortgagee, will have the Mortgage foreclosed, as by. law provided by causing the mortgaged property 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 on July 28; 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: LOT 628C OF LAKEVIEW ESTATES INCORPORATED`, TRACTS A -F, LINCOLN COUNTY,-WYOMING AS, DESCRIBED'ON THE` OFFICIAL PLAT TABREOR with 'an address of 175 Trail `Drive,. Alpine, WY, 83128. Together with all improvements thereon.situate and all fixtures and. appurtenances thereto. Beneficial Wyoming Inc. By: DanetteBaldacci Castle, Meinhold'4 Stawiarski Legal Services, LLC' 330 S. Walsh Drive,, Ste. 202 Casper, WY 82609-0000. (307)'333 5379 Published July 2, 9, °16, 23, 2009 09-10014 ROSEMARY MELLEN • NOTARY PUBLIC M ~ e Mng Wm-%" 2 elm INer 2012 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 1-7 , and the last publication on the day of - a, 01 4= A.D., 20_9; 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 no( in a supplement. Michael Jensen, Publisher Subscribed in my presence and sNvorn to COSPkg day of 20 ocl Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY 17 ; S0 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 $2,037.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 689.00 Statutory Notice Fee 91.00 Demand Letter Fee 150.00 Publication Cost 400.20 Conduct Sale 50.00 Record Cert. of Sale 26.00 Record Sheriffs Deed 11.00 Sheriffs Fee - Sale 10.00 Sheriffs Fee -Costs 10.00 Total $2,037.20 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 AFFIANT YETH NAUGHT. C L jif y nette Baldac Ca , 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 9)~) day of , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar i Legal Services, LLC. r"1 f it t E 1 i r ~ 3t ! / . e ' gga W 1 c i L i.V'f 1't o G N r it fH! ` Si natur otarial fficer) 4 I,' <P f t ce>Le aL~ ~1RFJ f i'.. tlx ~ ~ ti nt j P? ,.a Title (and Rank) My commission expires: oxuh I, ~ '-D)01 COSPkg Certificate of Sale Spiker aka Gloria Jorgensen 09-10014 Page 7 of 7