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6010918203
CERTIFICATE OF SALE
STATE OF WYOMING
COUNTY OF LINCOLN
Shane JOhnson
) SS
`.f't 0'357
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 23, 2006, executed and delivered by Robert
E. Shear, III and Martha Jo Shear to Wells Fargo Bank, N.A. and (b) that certain
mortgage dated June 23, 2006 (the "Mortgage"), securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on June 26, 2006, at Reception No. 919682 in Book 624 at
Page 494 , 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 1 OF BLOCK 13 OF LINCOLN HEIGHTS 4TH SUBDIVISION
TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING
AS DESCRIBED ON THE OFFICIAL PLAT FILED ON OCTOBER
3, 1977 AS INSTRUMENT NO. 499086 OF THE RECORDS OF
THE LINCOLN COUNTY CLERK.
with an address of 1419 9th West Avenue, Kemmerer, WY 83101
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, Wells Fargo Bank, N.A.
("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 13, 2009 issue of said
newspaper and ending with the September 3, 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 RECEIVED 9/812009 at 12:44 PM Certificate of Sale
RECEIVING # 949329 Shear 09-16938
Page 1 of 7
BOOK: 731 PAGE: 357
JEANNE WAGNER
LINCOLN COUNTY CLERK "C""MERER, WY
000358
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
$172,676.33 ("Bid Sum"), which was bid and offered by Wells Fargo Bank, N.A.
("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 $1,936.00 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 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
8thday of September 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
f
By:
Print Name: tiff soy
Title: Deputy Sheriff
COSPkg Certificate of Sale
Shear 09-16938
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00V359
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS
COUNTY OF LINCOLN )
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 al.
(N~Vwx
No ry Public
My Commission Expires:
FLincoln ark aNoary Public
tate of
Wyoming
on Exires - 9, -
ns-ra~.a
COSPkg Certificate of Sale
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
STATE OF WYOMING )
) SS
COUNTY OF NATRONA )
C:003S
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
23, 2006 (the "Mortgage"), and recorded on June 26, 2006, at Reception No.
919682 in Book 624 at Page 494 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 Robert E. Shear, III and Martha Jo Shear ("Mortgagor(s)"), the named
mortgagor(s), and Wells Fargo Bank, N.A. 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: 71786575345000250223
CERTIFIED MAIL NO. NOI: 71786575345000250230
CERTIFIED MAIL NO. FSN: 71786575345000256089
CERTIFIED MAIL NO. FSN: 71786575345000256096
Robert E. Shear III
Robert E. Shear III
1419 9th West Avenue
P.O. Box 116
Kemmerer, WY 83101
Frontier, WY 83121
CERTIFIED MAIL NO. NOI: 71786575345000250247
CERTIFIED MAIL NO. NOI: 71786575345000250254
CERTIFIED MAIL NO. FSN: 71786575345000256102
CERTIFIED MAIL NO. FSN: 71786575345000256119
Martha Jo Shear
Martha Jo Shear
1419 9th West Avenue
P.O. Box 116
Kemmerer, WY 83101
Frontier, WY 83121
CERTIFIED MAIL NO. Not: NOT SENT PER CLIENT
CERTIFIED MAIL NO. NOI: 71786575345000250261
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT
CERTIFIED MAIL NO. FSN: 71786575345000256126
Wells Fargo Bank, N.A.
Occupant
3476 Stateview Blvd
1419 9th West Avenue
Fort Mill, SC 29715
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 28, 2009 and the date of the first publication of the notice
of foreclosure sale was August 13, 2009.
COSPkg Certificate of Sale
Shear 09-16938
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FURTHER AFFIANT SAYETH NAUGHT.
0()U*" 361L
By. eBaldac
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 r 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Staw arski Legal Services, LLC.
I^{ ( J
OTARY PUF31_iC i~
l,~A G~lEd3
HOLLY
y sTATE OF wY6tIdIING May at n rla fficer)
COUNTY OF NATRONA I
M o is -sore a rees X ~ 2011 Title and ank)
My commission expires:
I y` ~
Certificate of Sale
COSPkg Shear 09-16938
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
IKEMMERER GAZETTE
00V362
Kemmerer Wyomin
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 June 23,
2006, executed and delivered by Robert F. Shear, III and MarthaJo;Shear
("Mortgagor(s)") to Wells Fargo Bank, N.A., 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 June 26, 2006, at Reception No.
919682 in Book 624 at Page 494 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
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 $168,300.88, which sum consists of the unpaid principal
balance of $161,496.08 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $7,125.56, plus late charges in the
amount of , plus an escrow advance in the amount of , plus other. out-
standing charges in the amount of $ .00; plus attorneys' fees, costs ex-
pended, and :accruing interest and late charges after the date of first pub-
lication 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 thesale.
Any prospective: purchaser should research the status of title before sub-
mitting a bid;
NOW, THEREFORE Wells Fargo Bank, N.A., as the Mortgagee, will
have the Mortgage foreclosed as by law provided by causing the mort-
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:onSeptember 8, 2009 at the front door of
the Lincoln County Courthouse located at 925 Sage.Avenue, Kemmerer,
WY,' Lincoln County, for application on the above-described amounts
secured by the Mortgage,. said.mortgaged property being described as,t
follows, to-wit:
LOT' I OF BLOCK; 13 OF LINCOLN HEIGHTS 4TH SUBDIVI-
SION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYO-
MING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON OC-
TOBER 3, 1977 AS INSTRUMENT NO. 499086 OF THE RECORDS
OF THE LINCOLN COUNTY CLERK.
with an address of t419 9th West Avenue, Kemmeter, WY 83101.
Together with all improvements thereon situate and all fixture's and
appurtenances thereto.
Wells Fargo Bank, N.A.
By: Danette Baldacci
Castle, Meinhold & Stawiarski' Legal Services, LLC
330. S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
August 13-20-27-September 3 ~ 0813,C
ROSEMARY CAPELLEN - NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
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, V7yoming;
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
I3 day of f
A.D., 20, and the last publication on
the ~i day of
A.D., 20 O q ; 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 nol in a
supplement.
Michael Je sen, Publisher
Subscribed in my presence and sworn to
day of
>O .
COSPkg Certificate of Sale
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
STATE OF WYOMING
COUNTY OF NATRONA
) SS
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 $1,936.00
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
650.00
Title Commitment
689.00
Statutory Notice Fee
65.00
Publication Cost
414.00
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 $1,936.00
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 AFFI Ple,Meirnhold, NAUGHT.
Bal i
& 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
l day of Ste, 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Staw arski Legal Services, LLC.
!lm - rm~ ~Mo'n_
'°`°`"""`A'~'"~~"'.r~
&atu, f no r, I officer)
HOLLY WAGNER
'Y STATE OF WYOMING
COUNTY OF NATRONA
M commllj slgn Ei. _ Tres Mar 13.2611 Title (and Rank)
d~rse.. .
My commission expires: 11n~~C~,~ ~~}jl I
COSPkg Certificate of Sale
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