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Home My WebLink About9493286010917854 STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson ) SS 000350 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 June 1, 2005, executed and delivered by Nicole A. Robertson and Kevin M. Fisher to Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp. and (b) that certain mortgage dated June 1, 2005 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 6, 2005, at Reception No. 908999 in Book 587 at Page 375 , 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 105 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 70 Custer Drive, Thayne, WY 83127 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 WMC Mortgage Corp ("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. RECEIVED 9/$/2009 at 12:42 PM COSPkg RECEIVING # 949328 Certificate of Sale BOOK: 731 PAGE: 350 Robertson 09-07960 JEANNE WAGNER Page 1 of 7 LINCOLN COUNTY CLERK, KEMMERER, WY CERTIFICATE OF SALE VOV351 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 $115,000.00 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp ("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 $2,310.45 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 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: Print 4Nam. cli f Bova Title: Deputy Sheriff COSPkg Certificate of Sale Robertson 09-07960 Page 2 of 7 ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN ) SS C-100352 The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this _2vl,_ day of September 2009. Witness my hand and official seal. o a Pub My Commission Expires: Jenny Clarke - Notary Public County of r: State of sy"_!! ty Lincoln r~iNyoming My Commission Exp ess ` ~Q COSPkg Certificate of Sale Robertson 09-07960 Page 3 of 7 EXHIBIT A C-100353 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 June 1, 2005 (the "Mortgage"), and recorded on June 6, 2005, at Reception No. 908999 in Book 587 at Page 375 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 Nicole A. Robertson and Kevin M. Fisher ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp. 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: 71786575345000246950 CERTIFIED MAIL NO. FSN: 71786575345000252265 Nicole A. Robertson 70 Custer Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000246974 CERTIFIED MAIL NO. FSN: 71786575345000252289 Nicole A. Robertson 70 Custer Drive Star Valley, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000246998 CERTIFIED MAIL NO. FSN: 71786575345000252302 Kevin M. Fisher PO Box 3655 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 70090820000019104528 CERTIFIED MAIL NO. FSN: 70091410000070134322 Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp 4828 Loop Central Drive Houston, TX 77081 CERTIFIED MAIL NO. NOI: 71786575345000246967 CERTIFIED MAIL NO. FSN: 71786575345000252272 Nicole A. Robertson PO Box 3655 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000246981 CERTIFIED MAIL NO. FSN: 71786575345000252296 Kevin M. Fisher 70 Custer Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000247001 CERTIFIED MAIL NO. FSN: 71786575345000252319 Kevin M. Fisher 70 Custer Drive Star Valley, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000247018 CERTIFIED MAIL NO. FSN: 71786575345000252326 Occupant 70 Custer Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000247025 CERTIFIED MAIL NO. FSN: 71786575345000252333 Lincoln County Treasurer P.O. Box 630 Kemmerer, WY 83101 COSPkg Certificate of Sale Robertson 09-07960 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 22, 2009 and the date of the first publication of the notice of foreclosure sale was August 6, 2009. FURTHER AFFIANT SAYETH NAUGHT. v00354 6~ ~ . nette Bald 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 Q_K, 2009 by Danette Baldacci as attorney of Castle, Meinhold and Sta iarski Legal Services, LLC. ~lpTARY PIJBIIG ~IaAQA HOLLY WAGNER STATE OF wYOIVING I COUNTY OF NATP3t)fitA 61 MI C0MMiSSi0- I;; fires kiar •S 3 2091 Title (and Rank) My commission expires: March COSPkg Certificate of Sale Robertson 09-07960 Page 5 of 7 IKEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT 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 June 1, 2005, executed and delivered by Nicole A. Robertson and Kevin M. Fisher ("Mortgagor(s)"), to Mortgage Electronic Registration Systems, Inc., as nominee forWMC Mortgage Corp„ and a real estate mortgage (the "Mort- gage") of the same; date securing the Note, which Mortgage was executed' and delivered by said Mortgagor(s), to said Mortgagee, and which Mort- gage was recorded on June 6, 2005; at Reception No. 908999 in Book 587 at Page 375 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 Mortgag& contains a power of sale which by reason of s4d'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 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 $114,59538 which sum consists of the unpaid principal balance of $108,299.99 plus interest accrued to the date of the first pub- lication of this notice in the amount of $6,295.39, 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 WMC Mortgage Corp, 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 mind 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 Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lin- coln County, for application on the above-described amounts secured by the Mortgage, said mortgaged property being described as follows, to- wit:. LOT 105 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF 'with avaddress of 70 Custer Drive, Thayne; WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto.; Mortgage Electronic Registration Systems, Inc., as nominee for WMC Mortgage Corp By: Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 537,9 Publish: Au st 6, 13; 20, 27, 2009 (09 07969) b806C ROSEMARY CAPELLEN - NOTARY PUBLIC co,* d State of Lincoln Wyoming My Commission Expires May 8, 2012 01 EXHIBIT B Kemmerer wyomi 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, '01yoming; 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 A.D., 2009 , and the last publication on the l day of A.D., 20Qi_; 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, Publisher Subscribed in my presence and sworn to before,-,me on this _:a:l day of A.D., 20 n9 ( COSPkg Certificate of Sale Robertson 09-07960 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING COUNTY OF NATRONA ) SS 0Oiy' 35ra 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 $2,310.45 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 565.00 Statutory Notice Fee 234.00 Publication Cost 279.45 Publication Cost 414.00 FTP Update 100.00 Conduct Sale 50.00 Record Cert. of Sale 26.00 Record Assn. of Cert. of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Fee -Sale 10.00 Sheriffs Fee - Costs 10.00 Total $2,310.45 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 a of Wyoming and residing therein. FURTHER AFFIAN SAY TH NAUGWT. State of Wyoming County of Natrona Da ette Bajdaodi e, Meinhold, & Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 *ar'ski s i strument was acknowledged before me on day oL~taw , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Legal Services, LLC. F'U'BLIc HOLLY WAGNER x; STATE OF WYOMING qi nn ture f t ri I fficer) COUNTY' OF NATRONA M Commission Ex Tres M, r 13 2011 Title (and Rank My commission expires: Zrol I COSPkg Certificate of Sale Robertson 09-07960 Page 7 of 7