The URL can be used to link to this page

Home My WebLink About94886610, 6010918129= CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN ) SS Shane Johnson upon his oath, states and certifies as follows: RECEIVED 8/11/2009 at 10:55 AM RECEIVING # 948866 BOOK: 729 PAGE: 524 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00052 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 January 26, 2007, executed and delivered by Richard Bravo and Bridgette Bravo to Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc. and (b) that certain mortgage dated January 26, 2007 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 31, 2007, at Reception No. 926445 in Book 647 at Page 684 , 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 9 OF RIVERVIEW MEADOWS SUBDIVISION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 2, 1993 AS INSTRUMENT NO. 767416 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 404 Snake River 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, Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, 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 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. COSPkg Certificate of Sale Bravo 09-14361 Page 1 of 7 00525 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 $191,250.00 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, 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 $2,165.00 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. 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: u~`1 ftirL('i1~o Print Name: John Starcevich Title: Deputy Sheriff COSPkg Certificate of Sale Bravo 09-14361 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Starcevich Deputy Sheriff of Lincoln County, State of Wyoming, this 11 day of Aggust , 2009. Witness my hand and official seal. My Commission Expires: Notary P" blic U"6LIC 1 couiJrroF LINC01 N • n Li: COSPkg Certificate of Sale Bravo 09-14361 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 January 26, 2007 (the "Mortgage"), and recorded on January 31, 2007, at Reception No. 926445 in Book 647 at Page 684 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 Richard Bravo and Bridgette Bravo ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, 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: 71786575345000233127 CERTIFIED MAIL NO. FSN: 71786575345000239600 Richard Bravo 404 Snake River Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000233134 CERTIFIED MAIL NO. FSN: 71786575345000239617 Bridgette Bravo 404 Snake River Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000233141 CERTIFIED MAIL NO. FSN: 71786575345000239624 Richard M. Bravo PO Box 12915 Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 71786575345000233165 CERTIFIED MAIL NO. FSN: 71786575345000239648 Richard Bravo PO Box 3970 Alpine, WY 83128 CERTIFIED MAIL NO. NOV 70090820000019102760 CERTIFIED MAIL NO. FSN: 70091410000070132236 Mortgage Electronic Registration Systems, inc., as nominee for Novastar Mortgage, Inc c/o Fidelity National FC Solutions, 1270 Northland Drive, #200 Mendota Heights, MN 55120 CERTIFIED MAIL NO. NOI: 70090820000019102777 CERTIFIED MAIL NO. FSN: 70091410000070132229 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000233158 CERTIFIED MAIL NO. FSN: 71786575345000239631 Bridgette Bravo PO Box 12915 Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 71786575345000233172 CERTIFIED MAIL NO. FSN: 71786575345000239655 Bridgette Bravo PO Box 3970 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000233189 CERTIFIED MAIL NO. FSN: 71786575345000239662 Occupant 404 Snake River Drive Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71786575345000233196 CERTIFIED MAIL NO. FSN: 71786575345000239679 Novastar Mortgage, Inc. 8140 Ward Parkway, Suite 300 Kansas City, MO 64114 Certificate of Sale Bravo 09-14361 Page 4 of 7 000,523 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 30, 2009 and the date of the first publication of the notice of foreclosure sale was July 16, 2009. FURTHER AFFIANT SAYETH NAUGHT. *BD tte BaPd ci einhold, & 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 Stawiars i Legal Services, LLC. ignatur o notaria fficer) ONA Title (and Rank) RM My commission expires: MCLfCh I% I a10l I COSPkg Certificate of Sale Bravo 09-14361 Pabe 5 of 7 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming N,FFIDAVIT OF PUBLICATION <-emmerer Gazette ,~ernmerer, Wyoming STATE OF WYOMING ) ss. County of Lincoln 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 January 26, 2007, executed and delivered by Richard Bravo and Bridgette Bravo ("Mortgagor(s)',') to. Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc., 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 January 31, 2007, at Reception No. 926445 in Book 647 at Page 684 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 suitor 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.thee 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 $300,079.86 which sum consists of the unpaid principal balance of $259,499.34 plus interest accrued to the date bf the first pub- lication of this notice in the amount of $40,580.52, plus attomeys' 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 Novastar Mortgage, Inc, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged prop- erty 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 August 11, 2009 at the front door of the Lincoln County Courthouse located at 925 SageAvenue, Kemmerer, WY, Lincoln County, for application on the above-described amounts secured, by the. Mort- gage, said mortgaged property being described..as follows, to-wit: LOT 9 OF RIVERVIEW MEADOWS SUBDIVISION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DE- SCRIBED ON THE OFFICIAL PLAT FILED ON JULY 2, 199.3 AS INSTRUMENT NO. 767416 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 404 Snake River Drive; Alpine, WY 83128. Together with all, improvements thereon situate and all fixtures and appurtenances thereto, Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc By: Danette Baldacci Castle; Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Published: July 16, 23, 30, August 6 09-14361 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, 'Kyomirlb; 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`D and the last publication on the Lo day of -4-L A.D., 20_x_; 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 publishec:l in the newspaper proper, and not in a supplement. Michae Jensen, Publisher Subscribed in my presence and sN orn to y of 1~7 ROSEMARY CAPELLEN - NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 COSPkg Certificate of Sale Bravo 09-14361 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING ) ) SS COUNTY OF NATRONA ) 5.10 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 $2,165.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 903.00 Statutory Notice Fee 130.00 Publication Cost 414.00 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 $2,165.00 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 AFFJAN AYETH AUGHT. B;y:_ anette Batlda i 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 Staw,iar i Legal Services, LLC. MARY PUBLIC HOLLY WAGNER STATE OF WYOMING (Signatur ofoCOUNTY OF NATRONA N I ri I(,V I i m i l r 1 201 y~ ` u Title (and Rank) My commission expires: MORS/) I ~ / -)-)()I I COSPkg Certificate of Sale Bravo 09-14361 Page 7 of 7