HomeMy WebLinkAbout9493276010916144
STATE OF WYOMING
COUNTY OF LINCOLN
Shane Johnson
) SS
0400243
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 May 12, 2005, executed and delivered by William
Claye and Heidi Claye to Option One Mortgage Corporation and (b) that certain
mortgage dated May 12, 2005 (the "Mortgage"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on May 17, 2005, at Reception No. 908488 in Book 585 at
Page 500 , 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:
Parcel 1
That part of the SW1/4NE1/4 of Section 30, T31 N R1 18W of the 6th
P.M., Lincoln County, Wyoming, being part of that tract of record in
the office of the Clerk of Lincoln County in Book 71 PR on page 369
described as follows:
Beginning at a point on the East right-of-way line of State Highway
89, S 12°06.5' E, 1776.14 feet from the North one-quarter corner of
said Section 30;Thence N 85°50" E, 158.00 feet perpendicular to
the said East right-of-way line to a point; thence S 04°10" E, 276.00
feet parallel to the said East right-of-way line to a point; thence S
85°50" W, 158.00 feet perpendicular to the said East right-of-way
line to a point on the said right-of-way line; thence N 04°10" W, the
base bearing for this survey, 276.00 feet along the said right-of-way
line to the point of beginning.
Parcel 2
That part of the S1/2NE1/4 of Section 30, T31N R1 18W of the 6th
P.M., Lincoln County, Wyoming, being part of that tract of record in
the office of the Clerk of Lincoln County in. Book 171 PR on page
503; and, all of that tract of record in said Office in Book 318 PR on
page 558, described as follows:
Beginning at a point on the Easterly right-of-way line of U.S.
Highway 89, N 50°31 "09" E, 523.65 feet from the southwest corner
of said S1/2NE1/4; Thence N 04°11'12" W, 279.60 feet, along said
Easterly right-of-way line to the southwest bathey of that tract of
record in said Office in Book 186PR on page 476; thence N
85°48"48" E, 158.00 feet, along the south line of said tract, to the
southeast bathey thereof; thence N 88°21'12" E, 739.13 feet along
an existing fence line, in part, to a point at a fence corner; thence S
42°56"38" E. 406.30 feet, along said fence line, in part, to a point;
thence S 89°17"38" W, 1152.88 feet, to the point of beginning
with an address of 79388 Hwy 89, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
COSPkg Certificate of Sale
RECEIVED 9/8/2009 at 12:39 PM ClayPage1
1 090
RECEIVING # 949327
BOOK: 731 PAGE: 343
JEANNE WAGNFR
,a.. LINCOLN COUNTY CLERK,-,,_-.JERER, WY
CERTIFICATE OF SALE
000344,
Assignee: HSBC Bank USA, National Association as Trustee for Nomura Home
Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1
Assignment dated: July 8, 2009
Assignment recorded: July 13, 2009
Assignment recording information: at Reception No. 948257 in Book 727 at Page
374
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, HSBC Bank USA, National
Association as Trustee for Nomura Home Equity Loan, Inc. Asset-Backed
Certificates, Series 2005-HE1 ("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 August 6, 2009 issue of said
newspaper and ending with the August 27, 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 September 8, 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
$ 1Q5 non nn ("Bid Sum"), which was bid and offered by
HSBC Bank USA, National Association as Trustee for Nomura Home Equity
Loan, Inc. Asset-Backed Certificates, Series 2005-HE1 ("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 $2,381.40 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.
COSPkg Certificate of Sale
Claye 09-14590
Page 2 of 7
(,%W345
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 September 8, 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
8th day of September 1 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Cliff ~1.
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 8th day of
September , 2009.
Witness my hand and official seal.
40tPubli
My Commission Expires:
Clarke rotary Public
State of
Wyoming
FLincoln
ission Expires!
ificate of Sale
Cert
COSPkg Claye 09-14590
Page 3 of 7
EXHIBIT A t"00346
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
12, 2005 (the "Mortgage"), and recorded on May 17, 2005, at Reception No.
908488 in Book 585 at Page 500 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 William Claye and Heidi Claye ("Mortgagor(s)"), the named
mortgagor(s), and Option One Mortgage Corporation is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, National Association as Trustee for Nomura Home
Equity Loan, Inc. Asset-Backed Certificates, Series 2005-HE1
Assignment dated: July 8, 2009
Assignment recorded: July 13, 2009
Assignment recording information: at Reception No. 948257 in Book 727 at Page
374
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: 71786575345000245984
CERTIFIED MAIL NO. NOI: 71786575345000245991
CERTIFIED MAIL NO. FSN: 71786575345000252173
CERTIFIED MAIL NO. FSN: 71786575345000252180
William Claye
William Claye
79388 Hwy 89
PO Box 75
Afton, WY 83110
Smoot, WY 83126-0075
CERTIFIED MAIL NO. NOI: 71786575345000246004
CERTIFIED MAIL NO. NOI: 71786575345000246011
CERTIFIED MAIL NO. FSN: 71786575345000252197
CERTIFIED MAIL NO. FSN: 71786575345000252203
Heidi Claye
Heidi Claye
79388 Hwy 89
PO Box 75
Afton, WY 83110
Smoot, WY 83126-0075
CERTIFIED MAIL NO. NOI: 71786575345000246028
CERTIFIED MAIL NO. NOI: 71786575345000246035
CERTIFIED MAIL NO. FSN: 71786575345000252210
CERTIFIED MAIL NO. FSN: 71786575345000252227
Darrell K. Irwin
Darrell K. Irwin
79388 Hwy 89
PO Box 75
Afton, WY 83110
Smoot, WY 83126-0075
COSPkg Certificate of Sale
Claye 09-14590
Page 4 of 7
+ N®V347
CERTIFIED MAIL NO. NOI: 71786575345000246042
CERTIFIED MAIL NO. FSN: 71786575345000252234
Sherlene A. Irwin
79388 Hwy 89
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000246059
CERTIFIED MAIL NO. FSN: 71786575345000252241
Sherlene A. Irwin
PO Box 75
Smoot, WY 83126-0075
CERTIFIED MAIL NO. NOI: 70091410000070133073
CERTIFIED MAIL NO. FSN: 70091410000070134162
HSBC Bank USA, National Association as Trustee for Nomura
Home Equity Loan, Inc. Asset-Backed Certificates, Series 2005-
HE1
4875 Belfort Road Suite 130
Jacksonville, FL 32256
CERTIFIED MAIL NO. NOI: 71786575345000246073
CERTIFIED MAIL NO. FSN:
Option One Mortgage Corporation
3 Ada
Irvine, CA 92618
CERTIFIED MAIL NO. NOI: 71786575345000246066
CERTIFIED MAIL NO. FSN: 71786575345000252258
Occupant
79388 Hwy 89
Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 21, 2009 and the date of the first publication of the notice
of foreclosure sale was August 6, 2009.
FURTHER AFFIANT SAYETH NAUGHT.
&a e, Meinhold, & '.'~fawiarski 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 Stawiarski Legal Services, LLC.
.O NOTARY PL)GLIC
HOLLY WAGNER S'gn . tur o n
STATE OF WYOMING
L'~" OLiN TI° t?F NATRONA
Co1!O N fires!+.`? r73 N 1-14 . Tpnitle and , k)
My commission expires: oic ' ~~j
COSPkg
officer)
Certificate of Sale
Claye 09-14590
Page 5 of 7
348
STATE OF WYOMING
AFFIDAVIT OF PUBLICATION
EXHIBIT B
) ss.
Kemmerer Gazette
County of Lincoln
Kemmerer, Wyoming DI-IRLISHER_S
AFFIDAVIT
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest, has oc-
I Michael Jensen, do solemnly swear that
curred under the terms of a promissory note (the "Note") dated May 12,
2005, executed and delivered by William Claye and Heidi Claye
"
I am the publisher of the Kemmerer
p
("Mortgagor(s)
) to Option One Mortgage Corporation, 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 Mort-
a weekly paper of general
Gazette
gagee, and which Mortgage was recorded on May 17, 2005, at Recep-
,
tion No. 908488 in Book 585 at Page 500 in the records of the office of
the County Clerk and ex-officio Register of Deeds in and for Lincoln
circulation, published once a week at
County, State of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
Assignee: HSBC Bank USA, National Association as Trustee for
Kemmerer, Lincoln County, Wyoming;
Nomura Home Equity Loan, Inc: Asset-Backed Certificates, Series 2005-
HE1
Assignment dated: July 8, 2009
that the notice attached hereto, and which
Assignment recorded: July 13, 2009
Assignment recording inforniation: at Reception No. 948257 in Book
is art of the affidavit, was published in
p
727 at Page 374
All in therecords of the County Clerk and ex-officio Register of Deeds:
in and for Lincoln County, Wyoming.
said newspaper for insertions, the
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
first publication having been made on the
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
day of A
d~~,
advertisement and sale has been served upon the record owner and the
t
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
A.D., 2009 , and the last publication on
Mortgage on the date of first publication of this notice of sale being the
total sum of $261;083.73 which sum consists of the unpaid principal
the day of
balance of $243,941.48 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $17,142.25, plus attorneys' fees,
costs expended, and accruing interest and late charges after the date of
A•D• 200 C1 ; that said notice was
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.
published in a regular and entire issue of
Any prospective ~purchaser should research the status of title before sub-
mitting a bid;
NOW, THEREFORE HSBC, Bank USA, National Association as
the paper(s) in which it was published; and
Trustee for Nomura Home Equity Loan, Inc. Asset-Backed Certificates,
Series 2005-HE 1, as the Mortgagee, will have the Mortgage foreclosed
as by law provided by causing the mortgaged property to be sold at pub-
that said rfotice was published in the
lic 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 September 8, 2009 at the front door of the Lincoln County Court-
newspaper proper, and not in a
house located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for
application on the above-described amounts secured by the Mortgage,
supplement.
said mortgaged property being described as follows, to-wit:
Parcel I
That part of the SWl/4NE1 /4 of Section 30, T31N R l 18W of the 6th
P.M., Lincoln County, Wyoming, being part of that tract of record in the
office of the Clerk of Lincoln County in Book 71PR on page 369 de-
scribed as follows: Beginning ata point on the East right-of-way line of
Michael Jensen, Publisher
State Highway 89, S 12'06.5'E, 1776.14 feet from the North one-quar-
ter corner of said Section 30; Thence N 85°50' E, 158.00 feet perpen-
dicula,r to the said East right-of-way line to a point; thence S 04'10'`E,
Subscribed in my presence and svv orn to
276.00 feet parallel to the said East right-of-way line to a point; thence S
85°50' W, 158:00 feet perpendicular to the said East right-of-way line to
°
'
day of
re me o t
f
b
W, the base bear-
10
a point on the said right-of-way line; thence N 04
f
the
_
e
o
-way line to
ing for this survey, 276.00 feet along the said right-o
point of beginning. ROSEMARY CAPELLEN • NOTARY PUBLIC
County of "r° State of
Lincoln Wyoming
Parcel 2 My Commission Expires May 5, 2012
That part of the S 112NEl/4 of Section 30, T3 IN RI 18W of the 6th
P.M., Lincoln County, Wyoming, being part of that tract of record in the
office of the Cleric of Lincoln County in Book 171 PR on page 503; and
,
all of that tract of record in said Office in Book 318 PR on page 558
,
described as follows: Beginning at a point on the Easterly right-of-way
line of U.S. Highway 89, N 50°31 '09-E, 523.65 feet from the southwest
corner of said S1/2NE1/4;;Thence N 04'11'12" %_279,60 feet, along
said Easterly right-of-way line to the southwest b iItley of that tract of
record in said Office in Book 186PR
476
~
°
'
"
on page
; t
eee N 85
48
48
E,
158.00 feet, along the south line of said tract, to_thr southeast bathey
thereof; thence N 88°21'12" E, 739.13 feet along "existing fence liid,
in part, to a point at a fence corner; thence S 42°5638" E. 408`'30 feet,
along said fence line, in part, to a point; thence S 8 17.38; 1152.88
feet, to the point of beginning
with an address of 79388 Hwy 89, Afton, WY 3110.
Together with all improvements thereonsituat0ndall fixtures and
Certificate of Sale
appurtenances thereto.
Claye 09-14590
HSBC Bank USA, National Association Trustee for Nomura;
Page 6 of 7
Home Equity Loan, Inc. Asset-Backed Certificates,Series 2005-HE1 '
By: Danette Baldacci:
Castle, Meinhold & Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
EXHIBIT C
AFFIDAVIT OF ATTORNEY w%"Y' 349
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 $2,381.40
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
600.00
Title Commitment
869.00
Statutory Notice Fee
143.00
Publication Cost
662.40
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 $2,381.40
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 ETH NAUGHT.
D ette Bald cc'
qy:e Meinh arski i Legal Services, LLC
, old, & Stawi
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 &rnlC, 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
NO RY PUBLIC
t
HOLLY WAGNER
STATE OF WYOMING S' ature n trial fficer)
COUNTY OF NATRONA
M Commission Ex ices Mar 13 2011
Title (and ank)
My commission expires: rnWh i % ~D)o ( I
COSPkg Certificate of Sale
Claye 09-14590
Page 7 of 7