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Home My WebLink About949330I-&- 6010918190 CERTIFICATE OF SALE STATE OF WYOMING ) )SS «G+36 COUNTY OF LINCOLN ) Shane Johnson 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 October 16, 2006, executed and delivered by Ira Petry to Shoshone First Bank and (b) that certain mortgage dated October 16, 2006 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 17, 2006, at Reception No. 923458 in Book 637 at Page 323 , 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 3 BLOCK 2 OF THE AMENDED PLAT OF BROWNS 1ST ADDITION TO THE TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL PLAT FILED ON FEBRUARY 24, 1983 AS INSTRUMENT NO. 592367 OF THE RECORDS OF THE COUNTY CLERK. with an address of 337 South Elm Street, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: October 16, 2006 Assignment recorded: November 29, 2006 Assignment recording information: at Reception No. 924861 in Book 641 at Page 586 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, Wyoming Community Development Authority ("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 COSPkg Certificate of Sale RECEIVED 9/8/2009 at 12:48 PM Petry 09-17107 RECEIVING # 949330 Page 1 of 7 BOOK: 731 PAGE: 364 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~,k~0365 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 $93,056.91 ("Bid Sum"), which was bid and offered by Wyoming Community Development Authority ("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 $1,291.20 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 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 , 2009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Cliff Boyd Title: J)Apj,t-)7 Slheriff COSPkg Certificate of Sale Petry 09-17107 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 Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this day of September , 2009. Witness my hand and official seal. N a PubIi My Commission Expires: Jenny Clarke - i' otary Public Count of State of Lincoln s " Wyoming s. a" f My Commission Expires ~Sl ~lJ f! COSPkg Certificate of Sale Petry 09-17107 Page 3 of 7 EXHIBIT A 0OV0 367 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 October 16, 2006 (the "Mortgage"), and recorded on October 17, 2006, at Reception No. 923458 in Book 637 at Page 323 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 Ira Petry ("Mortgagor(s)"), the named mortgagor(s), and Shoshone First Bank is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: October 16, 2006 Assignment recorded: November 29, 2006 Assignment recording information: at Reception No. 924861 in Book 641 at Page 586 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: CERTIFIED MAIL NO. FSN Ira Petry 337 South Elm Street LaBarge, WY 83123 71786575345000247650 71786575345000252067 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN Ira Petry P.O. Box 365 LaBarge, WY 83123 71786575345000247667 71786575345000252074 CERTIFIED MAIL NO. NOI: 70090820000019104627 CERTIFIED MAIL NO. FSN: 70091410000070134155 Wyoming Community Development Authority P.O. Box 10100 Casper, WY 82602 CERTIFIED MAIL NO. NOI: 71786575345000247681 CERTIFIED MAIL NO. FSN: 71786575345000252098 Ira Petry P.O. Box 321 LaBarge, WY 83123 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000247674 CERTIFIED MAIL NO. FSN: 71786575345000252081 Occupant 337 South Elm Street LaBarge, WY 83123 Certificate of Sale Petry 09-17107 Page 4 of 7 00365 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 23, 2009 and the date of the first publication of the notice of foreclosure sale was August 6, 2009. FURTHER AFFIANT SAYETH NAUGHT. 4-ette ABaldacCI_ 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 o6ef)}~CMbP i', 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. HOLLY WAGNER I. :z s sire OF WYOMING Si n~atur of ril f officer) COUNTY OF NATRONA hR G x~ission Ex iris far 13 2Q'11 pa t) Title (and Rank) My commission expires: IM arch -Orc)l COSPkg Certificate of Sale Petry 09-17107 Page 5 of 7 EXHIBIT B KEMMERER GAZETTE PUBLISHER'S AFFIDAVIT ~~3s9 Kemmerer Wyom 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 October 16, 2006, executed and delivered by Ira Petry ("Mortgagor(s)")to Shoshone First Bank, and a real estate mortgage (the "Mortgage") of,the, same date securing the Note, which .Moil -age was executed and deliv- ered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on October 17, 2006, at Reception No. 923458 in Book 637 at Page 323 in the records of the office of the County Clerk and ek-officio Register of, Deeds in and for Lincoln 'County, State of Wyoming; and WHEREAS: the mortgage was assigned for value as follows: Assignee: Wyoming`CommunityDevelopment Authority Assignment dated: October 16, 2006 Assignment recorded: November 29, 2006 Assignment recording information: at Reception No. 924861 in Book 641 ,at Page 586 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, theMortgage 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 delft secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the sartie 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 inpossessionof 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 $90,619.95 which sutra consists of the unpaid principal bat- anceof $86,584.57 plus •interest accrued to the date of the first publica- tion of this notice in the amount of $2,529.28, plus an escrow advance in the amount of $794.55, plus other outstanding charges in the amount of $135.55, plus outstanding.for6closure expenses in the amount of $576.00, plus attorneys' fees; costs expended, and accruing interest and 1 ate 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 Wyoming Community Development Authority, 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 orDeputy 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 Courthouse located at 925 Sage Avenue; Kemmerer, WY, Lincoln County, for-application on the above-'described amounts secured by the Mortgage, said mortgaged prop- erty being described as follows, to-wit: LOT 3 BLOCK 2 OF THE AMENDED PLAT OF BROWNS 1ST ADDITION TO THE- TOWN= OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL PLAT FILED ON FEBRUARY.24,1983AS INSTRUMENT NO. 592367 OF THE RECORDS OF THE COUNTY CLERK. with an address of 337 South Elm Street, La Barge, WY 83123. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Wyoming Community Development Authority By: Danette Baldacci Castle, Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Publish: August 6, 13, 20, 27, 2009 (09-17107) 0806B ROSEMARY CAPELLEN - NOTARY PUBLIC County of State of Lincoln 0 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, 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 D day of _ A.D., 200_, and the last publication on the day of A.D., 20 09 ; 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 publisher in the newspaper proper, and not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to before me on this day of (114( A.D., 20Q 6t - COSPkg Certificate of Sale Petry 09-17107 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING COUNTY OF NATRONA ) SS .0.3'7® 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 $1,291.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Statutory Notice Fee 65.00 Publication Cost 469.20 Condudt 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 $1,291.20 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 State of Wyoming and residing therein. FURTHER AFFIA YETH NAUGHT. y: nette Balda e, Meinhold, &ciiarski 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 Bald acci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. 5QS I JBUC l\ HOLLY WAGNER STATE OF 4s,Yol ING i atur n CUl. N-r`I OF ENATrtClN Ul" Commis&sonn E ices M2-r - 2011 .rBuir'3'm'uh'.s-"rdoG:~"" e7f4lei!~7Ceati:r',.J'at'.~e.~'~t"^' Title (and ank) My commission expires: M(,rCh I(~j I I r) COSPkg Certificate of Sale Petry 09-17107 Page 7 of 7