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HomeMy WebLinkAbout9488656010917795 STATE OF WYOMING COUNTY OF LINCOLN ) SS Shane Johnson upon his oath, states and certifies as follows: RECEIVED 8/11/2009 at 10:34 AM RECEIVING # 948865 BOOK: 729 PAGE: 517 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0005:17 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 July 10, 2007, executed and delivered by Brandon Cory Taylor to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba Americas Wholesale Lender and (b) that certain mortgage dated July 10, 2007 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 18, 2007, at Reception No. 931391 in Book 666 at Page 188 , 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: UNIT THREE (3), LAKE VIEW VILLAS CONDOMINIUMS AMENDED IDENTICAL WITH LOT 94 ALPINE VILLAGE SUBDIVISION NUMBER 1, PLAT 2 AMENDED - 11TH FILING, RECORDED MAY 2, 2007 AS DOCUMENT NUMBER 928947 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. MORE CORRECTLY KNOWN AS: UNIT 3, LAKE VIEW VILLAS CONDOMINIUMS AMENDED TOGETHER WITH UNDIVIDED INTEREST IN COMMON ELEMENTS IN ACCORDANCE WITH THE DECLARATIONS OF CONDOMINIUM OWNERSHIP AND DECLARATION OF RESTRICTIONS, CONVENANTS AND CONDITIONS RECORDED FEBRUARY 23, 2007 IN BOOK 649PR ON PAGE 501 AND IN ACCORDANCE WITH THE FIRST AMENDMENT TO LAKE VIEW VILLAS CONDOMINIUMS DECLARATION OF CONDOMINIUM OWNERSHIP AND DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS RECORDED JUNE 3, 2008 IN BOOK 696 PR ON PAGE 285 AND BY THE OFFICIAL PLAT FILED ON FEBRUARY 23, 2007 AS INSTRUMENT NO. 926986 AND BY HE AMENDED PLAT FILED ON MAY 2, 2007 AS INSTRUMENT NO. 928947 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 544 Airport Road, Unit 3 , 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, Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender ("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 CERTIFICATE OF SALE COSPkg Certificate of Sale Taylor 09-06842 Page 1 of 7 e 0~Sl 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 July 16, 2009 issue of said newspaper and ending with the August 6, 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 11, 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 $436,479.59 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender ("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 $2,708.20 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 August 11, 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 Taylor 09-06842 Page 2 of 7 1- n DATED at Kemmerer, Lincoln County, State of Wyoming, this 11 day of August 1 2009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: J, I Print Name: Rnh, SYarrpVjrh 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 Starcevich , Deputy Sheriff of Lincoln County, State of Wyoming, this day of August 1 2009. Witness my hand and official seal. Nota Public My Commission Expires: JAfI?lE I.9 4T R p r, : , _ 1, } , JoLIC v iO: COUNT; Or LiNv OLN in, E ter h1y Commission Expire ~'l OMING COSPkg Certificate of Sale Taylor 09-06842 Page 3 of 7 005Ea0 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 July 10, 2007 (the "Mortgage"), and recorded on July 18, 2007, at Reception No. 931391 in Book 666 at Page 188 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 Brandon Cory Taylor ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba Americas Wholesale Lender 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: 71786575345000233790 CERTIFIED MAIL NO. FSN: 71786575345000239686 Brandon Cory Taylor 544 Airport Road, Unit 3 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000233806 CERTIFIED MAIL NO, FSN: 71786575345000239723 Brandon Cory Taylor 1269 S 1100 E Orem, UT 84097-6639 CERTIFIED MAIL NO. NOI: 70090820000019102890 CERTIFIED MAIL NO. NOI: 71786575345000233813 CERTIFIED MAIL NO. FSN: 70091410000070132243 CERTIFIED MAIL NO. FSN: 71786575345000239709 Mortgage Electronic Registration Systems, Inc., as nominee for Occupant Countrywide Home Loans, Inc. dba America's Wholesale Lender 544 Airport Road, Unit 3 400 Countrywide Way, SV 35, P.O. Box 10232 Alpine, WY 83128 Simi Valley, CA 93065-6298 CERTIFIED MAIL NO. NOI: 71786575345000233820 CERTIFIED MAIL NO. FSN: 71786575345000239716 Brandon Cory Taylor 598 E. 770 N. Orem, UT 84094 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 1, 2009 and the date of the first publication of the notice of foreclosure sale was July 16, 2009. COSPkg Certificate of Sale Taylor 09-06842 Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. yyy D ette Ba4 cci 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 R110A Wk , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar Ai Legal Services, LLC. HOLLY WAGNER (Si natuiW 6: n ~Ldblt ari I officer) STATE OF WYOMING COUNTY OF NATRONA 183110 E M r 3 zoo Title (and Rank) My commission expires: f o-Yc h 1$/ IM I COSPkg Certificate of Sale Taylor 09-06842 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'ocr Burred under-the terms of a promissory note (the "Note") dated July 10; 2007; executed and delivered by Brandon Cory Taylor("Mortgagor(s)') to Mortgage Electronic Registration Systems, Inc., as nominee for Coun- trywide Home Loans, Inc. dba Americas Wholesale Lender, and a real 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 July 18, 2007, at Reception No. 931,391 in Book 666 at Page 188 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 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 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 the record owner and the parryin 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 $435,504.85 which sum consists of the unpaid principal. balance of $417,000.00 plus interest accrued to the date of the first pub- lication of this notice in the amount of $18,504.85, 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, THEREFORE Mortgage.Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Whole- sale Lender; 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, Wyo- ming to the highest bidder for cash. at 10.00 o'clock,in the forenoon on August 11; 2009 at,the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for-appli- cation on the above-described. amounts secured by 'the Mortgage, .,said mortgaged property being described as follows; to-wit: UNIT THREE (3) , LAKE VIEW VILLAS CONDOMINIUMS AMENDED, IDENTICAL WITH LOT 94 ALPINE VILLAGE SUBDI- VISION NUMBER 1, P.L,AT," 2 AMENDED - 11TH FILING, RE- CORDED MAY.2, 2007 AS DOCUMENT NUMBER'928947IN THE OFFICE OFTHE CLERK, LINCOLN COUNTY, WYOMING'.,MORE CORRECTLY KNOWN AS`. UNIT 3, LAKE.VIEW VILLAS CONDO- MINIUMS.AMENDED TOGETHER WITH UNDIVIDED INTEREST IN COMMON't;LEMENTS IN ACCORDANCE WITH THE DECLA- RATIONS OF CONDOMINIUM OWNERSHIPAND DECLARATION OF RESTRICTIONS,,CONVENANTS AND CONDITIONS RE- CORDED FEBRUARY 23, 2007 IN BOOK 649PR ON PAGE 501 AND IN ACCORDANCE WITWTHE FIRST AMENDMENT TO LAKE VIEW VILLAS CONDOMINIUMS DECLARATION 'OF CONDO- MINIUM OWNERSHIP AND DECLARATION OF RESTRICTIONS,, COVENANTS AND CONDITIONS RECORDED JUNE 3, 2008 IN BOOK 696 PR; ON PAGE 285 AND. BY THE OFFICIAL PLAT FILED ROSEMARY C1440-ELLEN • NOTARY PUBLIC Cowls of two of LlRole ng Cortanisstoa Dom May 5, 2012 O.M ON FEBRUARY 23, 2007 AS.INSTRUMENT NO. 926986 AND. BY THE AMENDED PLAT FILED' ON MAY 2, 2007 AS, INSTRUMENT NO. 928947 IN THE OFFICE'OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 544 Airport Road, Unit 3, Alpine; WY •83.128, Together with°all improvements thereon situate and.all, fixtures and appurtenances thereto. Mortgage Electronic Registration Systems, Inc., as nominee for, Countrywide Home Loans, Inc. dba America's Wholesale Lender By: Danette Baldacci Castle,'Meinhold & Stawiarski Legal Services, LLC 330 S.. Walsh Drive, Ste. 202 Casper, WY 82609-0000 Published: July 16, 23, 30, August 6 2009 (307) 3.33 5379 09-06842 6005ZX 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 4 insertions, the first publication having been made on the day of L) U A.D., 20 Ttq--, and the last publication on the to day of A.D., 200_; 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 Jensen, Publislicr Subscribed in my presence and sNvorn to before n this day of UCAAA+ A.D., 2 )9. Certificate of Sale Taylor 09-06842 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) 0005, ) 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 $2,708.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 1,262.00 Statutory Notice Fee 65.00 Title Resolution Fee 125.00 Publication Coxt 538.20 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Fee- Sale 10.00 Sheriffs Fee- Deed 10.00 Total $2,708.20 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 S to of Wyoming and residing therein. FURTHER AFFIANT.SAVETH NAUGHT., `~`y: Dinette Ba da i 6 tre, 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 w_ , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar Services, LLC. HOLLY WAGNER ure f ticer STATE OF WYOMING (Sign VI ) COUNTY OF NATRONA Ego' r 1 201 ,t a 12 i n Title (and R nk My commission expires: (Y ctr*c 11 _))01 i COSPkg Certificate of Sale Taylor 09-06842 Page 7 of 7