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Home My WebLink About9496336C10918109 CERTIFICATE OF SALE Shane Johnson STATE OF WYOMING COUNTY OF LINCOLN 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 10, 2008, executed and delivered by Paul Duling and Kari Duling to Mortgage Electronic Registration Systems, Inc., as nominee for Nova Financial and Investment Corporation and (b) that certain mortgage dated October 10, 2008 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 20, 2008, at Reception No. 942964 in Book 707 at Page 318 , 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: ) SS ~a379 of lawful age, being first duly sworn LOT TWO (2) IN STAR VALLEY RANCH PLAT TWELVE (12), LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED AUGUST 10, 1977 AS DOCUMENT NUMBER 496703 AND MAP NUMBER 209, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 30 Solitude Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, Mortgage Electronic Registration Systems, Inc., as nominee for Nova Financial and Investment Corporation ("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 27, 2009 issue of said newspaper and ending with the September 17, 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 COSPkg Certificate of Sale RECEIVED 9/22/2009 at 1:03 PM Duling 09-13712 RECEIVING # 949633 Page 1 of 7 BOOK: 732 PAGE: 379 JEANNE WAGNER LINCOLN COUNTY CLER_ 9MERER, WY s ~38t.D 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 22, 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 $282y 203.94 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Nova Financial and Investment Corporation ("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 $2,818.40 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. 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 22, 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 22 day of gel *ember 12009. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming J r~~~~~5 By: Print Name: dehm St2rse1ich Title: Deputy Sheriff COSPkg Certificate of Sale Duling 09-13712 Page 2 of 7 00381 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 22 day of - September- , 2009. Witness my hand and official seal. N to P lib My Commission Expires: [J'enny Clarke - Notary Public y State of unt of a, 6 doming incoln..+; ; es X011 Commission Expires COSPkg Certificate of Sale Duling 09-13712 Page 3 of 7 EXHIBIT A C-00382 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 10, 2008 (the "Mortgage"), and recorded on October 20, 2008, at Reception No. 942964 in Book 707 at Page 318 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 Paul Duling and Kari Duling ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Nova Financial and Investment Corporation is the named mortgagee. 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: 71786575345000230768 CERTIFIED MAIL NO. FSN: 71786575345000235565 CERTIFIED MAIL NO. FSN2:71786575345000262738 Paul Duling 30 Solitude Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000230775 CERTIFIED MAIL NO. FSN: 71786575345000235572 CERTIFIED MAIL NO. FSN2: 71786575345000262745 Kari Duling 30 Solitude Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000230782 CERTIFIED MAIL NO. FSN: 71786575345000235589 CERTIFIED MAIL NO. FSN2: 71786575345000262752 Paul Duling 30 Solitude Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000230805 CERTIFIED MAIL NO. FSN: 71786575345000235602 CERTIFIED MAIL NO. FSN2: 71786575345000262776 Paul Duling PO Box 10571 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 70090820000019099169 CERTIFIED MAIL NO. FSN: 70090820000019097349 CERTIFIED MAIL NO. FSN2:70091410000070136319 Mortgage Electronic Registration Systems, Inc. as nominee for Nova Financial and Investment Coporation 1100 Virginia Drive Fort Washington, PA 19034 COSPkg CERTIFIED MAIL NO. NOL 71786575345000230799 CERTIFIED MAIL NO. FSN: 71786575345000235596 CERTIFIED MAIL NO. FSN2: 71786575345000262769 Kari Duling 30 Solitude Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000230812 CERTIFIED MAIL NO. FSN: 71786575345000235619 CERTIFIED MAIL NO. FSN2: 71786575345000262783 Kari Duling PO Box 10571 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000230829 CERTIFIED MAIL NO. FSN: 71786575345000235626 CERTIFIED MAIL NO. FSN2: 71786575345000262790 Occupant 30 Solitude Drive Thayne, WY 83127 Certificate of Sale Duling 09-13712 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 24, 2009 and the date of the first publication of the second notice of foreclosure sale was August 27, 2009. FURTHER AFFIANT SAYETH NAUGHT. 4B-. 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 ~iin~struu,ment was acknowledged before me on tv~r r rx 2009 by Danette Baldacci as attorney of Castle, day of S Meinhold and Stawiarski Legal Services, LLC. NOTA " 1 (0 L.LY NER gn tur of o ri officer) COUN 5s,-€n FmCiD n E:;r,_, an•i Title (and flank) o~.r~ara rb aas My commission expires: rn &ch (1b X01 1 COSPkg Certificate of Sale Duling 09-13712 Page 5 of 7 EXHIBIT B 000384 PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE 2 WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note") dated October 10, 2008, executed and delivered by -Paul Duling and Karr Duling ("Mortgagor(s)")ao Mortgage Electronic Registration Systems; Inc.,' as nominee for Nova Financial and Investment; Corporation, and a real es- tate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said. Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded' on October 20, 2008, at Re- ception No. 942964 in Book 707 at Page 318 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 ih'e 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 connnencement 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 $275,721.34, wluch sum consists of the unpaid principal, balance of $265,149.70 plus interest accrued to the date of the first pub- lication of this notice in the amount of $10,576.24, plus late charges in the amount of ,-plus an escrow advance in the. amount of plus other outstanding charges in the amount of $ .00, 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: Airy prospective purchaser should research the status of title before sub- mitting a bid; NOW, THEREFORE Mortgage Electronic Registration Systems, Inc., as nominee for Nova Financial and Investment Corporation, as the Mort- gagee, will have the Mortgage foreclosed as bylaw provided by causing the mortgaged property 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 September 22, 2009 at the front door of the Lincoln County' Courthouse, located at 925 Sage Avenue,; Kemmerer, WY, Lincoln County,•forapplication on the above-described amounts secured`by the Mortgage, said mortgaged property being de- scribed as follows, to-wit: LOT TWO (2) IN STAR VALLEY RANCH PLAT TWELVE (12), LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFI- CIAL PLAT THEREOF RECORDED -AUGUST 10, 1977 AS DOCU- MENT NUMBER 496703 AND MAP NUMBER 209, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 30 Solitude Drive, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto: Mortgage. Electronic Registration Systems, Ine.,,as nominee for Nova Financial and Investment Corporation By: Danette Baldacci' Castle, Meinhold & Stawiarski Legal Services, LLC` 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 3335379 Publish: August 27. Sept. 3, 10, 17, 2009 (09-13712), - 0827H 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 7 day of A.D., 20 QG , and the last publication on the day of A.D., 20~; 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. -•--s, Michael nsen, Publisher Subscribed in my presence and sNvorn to before m on th' day of A,D., 20 09 . - - - - - - - - - - - - - ROSEMARY CAPELLEN - NOTARY PUBLIC cow" of ft"at LW 0 wyom t My Comm(sslon ExpirfI May S, 2012 COSPkg Certificate of Sale Duling 09-13712 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY 000385 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 $2,818.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 925.00 Statutory Notice Fee 156.00 Publication Cost 427.80 Conduct Sale 50.00 Record Cer.t 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 Publication Cost FSN2 441.60 FTP Update 100.00 Total $2,818.40 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 act Ily rendered in the foreclosure proceeding by an attorney admitted to practice it State of Wyoming and residing therein. FURTHER AFFI T S ETH NAUGHT. anelfe-Baldkd Cas e, Meinhold, & Stawiarski Legal Services, LLC 3 0 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 Stawlarski Legal Services, LLC. ~ ky ~u6s.JC HOLLY thfA G NEE a., , i: - a., ' L?7 s'~ 6s iENC Signatur of otari officer) FfiA le'.JfN7 O~ MX% a'ON'!a {Ilia'-Pn S y.. .'T0 on F x, FYe lP 1, 7 I s. ` Title (and Rank) My commission expires: (1110 COSPkg Certificate of Sale Duling 09-13712 Page 7 of 7