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CERTIFICATE OF SALE
STATE OF WYOMING
COUNTY OF LINCOLN
Shane Johnson
) SS
CVOv126
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 October 22, 2003, executed and delivered by
Dane G. Barlow to Wells Fargo Home Mortgage, Inc. and (b) that certain
mortgage dated October 22, 2003 (the "Mortgage"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on October 24, 2003, at Reception No. 894722 in Book 539 at
Page 540 , 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 5 AND 6 OF BLOCK 3 OF THE HILLCREST SUBDIVISION
TO THE TOWN OF DIAMONDVILLE, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF.
with an address of 34 Radiant Street, Diamondville, WY 83116
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Bank of America National Association as Successor by Merger to
LaSalle Bank National Association, as Trustee for Structured Asset Investment
Loan Trust 2004-3
Assignment dated: June 3, 2009
Assignment recorded: June 15, 2009
Assignment recording information: at Reception No. 947738 in Book 725 at Page
313
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, Bank of America National
Association as Successor by Merger to LaSalle Bank National Association, as
Trustee for Structured Asset Investment Loan Trust 2004-3 ("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.
RECEIVED 8/4/2009 at 11:30 AM
COSPkg RECEIVING # 948741 Certificate of Sale
BOOK: 729 PAGE: 126 Barlow 09-11201
JEANNE WAGNER Page 1 of 7
LINCOLN COUNTY CLERK, KEMMERER, WY
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 9, 2009 issue of said
newspaper and ending with the July 30, 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 August 4, 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
$75,411.74 ("Bid Sum"), which was bid and offered by Bank of America
National Association as Successor by Merger to LaSalle Bank National
Association, as Trustee for Structured Asset Investment Loan Trust 2004-3
("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 $1,765.60 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 August 4, 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
Barlow 09-11201
Page 2 of 7
DATED at Kemmerer, Lincoln County, State of Wyoming, this
4th day of August 7 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: Cliff Boyd
Print Name:
Title: Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
COUNTY OF LINCOLN
) SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd ,
Deputy Sheriff of Lincoln County, State of Wyoming, this tj, day of
August , 2009.
Witness my hand and official seal.
L~C-
N t ry P lic
My Commission Expires:
COSPkg
Jenny Clarke NotaryPubhC
County of ySttate of9
° r-
Lincoln r-. omin
my commission Expires ~SL1J-
a
Certificate of Sate
Barlow 09-11201
Page 3 of 7
EXHIBIT A
g, %A29
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
October 22, 2003 (the "Mortgage"), and recorded on October 24, 2003, at
Reception No. 894722 in Book 539 at Page 540 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 Dane G. Barlow ("Mortgagor(s)"), the named
mortgagor(s), and Wells Fargo Home Mortgage, Inc. is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: Bank of America National Association as Successor by Merger to
LaSalle Bank National Association, as Trustee for Structured Asset Investment
Loan Trust 2004-3
Assignment dated: June 3, 2009
Assignment recorded: June 15, 2009
Assignment recording information: at Reception No. 947738 in Book 725 at Page
313
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. NOI: 71786575345000229489
CERTIFIED MAIL NO. FSN: 71786575345000235664
Dane G. Barlow
34 Radiant Street
Diamondville, WY 83116
CERTIFIED MAIL NO. NOI: 71786575345000229496
CERTIFIED MAIL NO. FSN: 71786575345000235671
Dane G. Barlow
P.O. Box 75
Stockton, UT 84071
CERTIFIED MAIL NO. NOI: 71786575345000229502
CERTIFIED MAIL NO. FSN: 71786575345000235688
Dane G. Barlow
12447 S. 3600 W.
Riverton, UT 84065
COSPkg
CERTIFIED MAIL NO. NOI: 71786575345000229519
CERTIFIED MAIL NO. FSN: 71786575345000235695
Occupant
34 Radiant Street
Diamondville, WY 83116
Certificate of Sale
Barlow 09-11201
Page 4 of 7
CERTIFIED MAIL NO. NOL 70090820000019097134
CERTIFIED MAIL NO. FSN: 70090820000019097363
Bank of America National Association as Successor by Merger to
LaSalle Bank National Association, as Trustee for Structured
Asset Investment Loan Trust 2004-3
3476 Stateview Blvd
Fort Mill, SC 29715
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 23, 2009 and the date of the first publication of the notice
of foreclosure sale was July 9, 2009.
FURTHER AFFIANT SAYETH NAUGHT.
4MCa,einhold, ette Bald cci
& awiarski 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
aq_day of,,, , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiar ki Legal Services, LLC.
1L" S' w~' .>!KUU titT.f 7^,f OmQu
I
Signature f tarjal Icer)
Title (and R nk)
My commission expires: (~I'c h ~ q) D~o l I
COSPkg Certificate of Sale
Barlow 09-11201
Page 5 of 7
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 October
22, 2003, executed. and delivered by Darie,G. Barlow("Mortgagor(s)")
to Wells Fargo: Home. Mortgage, Inc., and -a real estate,mortgage (the
"Mortgage") of the same date securing the Note, which 1Vlortgage was
executed and delivered,by said Mortgagor(s)', to said Mortgagee; and.
which Mortgage was recorded on October 24, 2003, at Reception No.
$94722 in Book 539 at Page 540 in the recor&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: Bank of America National Association as Successor by
Merger to LaSalle Bank National Association, as Trustee for. Structured
Asset Investment Loan Trust 2004'3
Assignment dated: June 3, 2009
Assignment recorded: June 15, 2009
Assignment recording information: at Reception No. 947738 in Book
725 at Page 313
All in the records of the County Clerk and ex-officio Register of Deeds
in and for Lincoh 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 the Mortgage or any partthere.of, 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 therrecord owner, and the
party in possession of therriortgAgedpremises 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`df, sale being the,
tgtal,sum of $72,939.07 which sum consists of the unpaid principal bal-
atace of $70,195.65 plus interest :accrued to the date, of the first publica
tipn of this•notice in the amountof`$2,743.42, 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,
otherlien' s and encumbrances that will notbe extinguished at the sae:
Any prospective purchaser should research. the status of title before sub-
mitting a bid; '
NOW, THEREFORE Bank of America National;Association as Suc--
cessor by Meager to LaSalle Bank' National Association, as Trustee for
Structured Asset Investment Loan Trust 2004-3, as the Mortgagee,.will
have the-Mortgage foreclosed as bylaw provided by causing toe morta
gaged property to be sold at public venue by.the Sheriff or Deputy, Sher-
iff in and for Lincoln County, Wyoming to the highest bidder for cash at
10:00 o'clock in the forenoon on August 4;2009 at the front door of the.
Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY
Lincoln County, foi'application on the above,-described amount's secured
by-the-Mortgage,, said mortgaged property, being described as follows,
io,wit; ,
, LOTS 5 AND 6..OF BLOCK 3 OF THE HILLCREST SUBD,IVI
SION TO THE'TOWN OF DIAMONDVILLE LINCOLN COUNTY,
WYOMING AS DESCRIBED WTHE OFFICIAL,PLAYTHEREO.F.'
with ;amaddress of 34 Radiant Street, Diamondville; WY;83116.
Together with' all improvements thereon situate and all fixtures and
appurtenances! thereto w A
ROSEMARY CAPELLEN - NOTARY PUBLIC
County d 0 State of
Lincoln Wyoming
Comm hsion ExpNes May 5t2012_
Bank of America National Association as Successor by Merger to
LaSalle Bank National Association, as Trustee for Structured Asset
investment, Loan .Trust 2004-3
By: Danette,Baldacci
Castle, Meinhold & Stawiarski
Legal Services, LLC
330,S. WaMl Drive, SW. 2M
Casper, WY82609-0000
(307) 333 5379
Published: July 9, 16, 23, 30, 2009 09-11201:
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, IvVyoming;
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 Oq , and the last publication on
the ~ day of
A.D., 20M_; 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 ensen, Publisher
Subscribed in my presence and sv: orn to
on is 'l. day of
D., 20(09 .
Certificate of Sale
Barlow 09-11201
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $1,765.60
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
Publication Cost
Conduct Sale
Record Cert. of Sale
Record Sheriffs deed
Sheriffs Fee - Sale
Sheriffs Fee - Costs
600.00
475.00
65.00
8.00
510.60
50.00
26.00
11.00
10.00
10.00
Total $1,765.60
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 t XState of Wyoming and residing therein.
FURTHER AFIFIART SAYETH NAUGRT.
t3y: anette Baia ca
Gage, Meinhold, & Stawiarski Legal Services, LLC
330 Walsh Drive, Ste. 202
Casper, WY 82609-0000
3073335379
State of Wyoming
County of Natrona
n This instrument was acknowledged before me on
day of c,J ud \j , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiar ki Legal Services, LLC.
t4 iL L,~f\ C •.L 1
1, W
y .
Sign
ture n tari I
icer)
W.A(%R~'I: Ll 5.-.J.i~P ._..L(H•G~-ti.~..c N. Ll..%. c9 Mi. _I:.<-i-r..~F..1t.t.'~
Title (
and R nk)
My commission expires: `
'1n
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COSPkg Certificate of Sale
Barlow 09-11201
Page 7 of 7