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STATE OF WYOMING
COUNTY OF LINCOLN
Shane Johnson
) SS
:0862
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 5, 2006, executed and delivered by
Stephen J. Malvini and Miguel S. Martinez to Indymac Bank, F.S.B. and (b) that
certain mortgage dated October 5, 2006 (the "Mortgage"), securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on October 11, 2006, at Reception No. 923261 in
Book 636 at Page 558 , 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 96 OF STAR VALLEY RANCH PLAT 17, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
MAY 3, 1979 AS INSTRUMENT NO. 523541 OF THE RECORDS
OF THE LINCOLN COUNTY CLERK
with an address of Plat 17 Lot 96 , Star Valley Ranch, 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, OneWest Bank, FSB successor
in interest to Indymac, FSB ("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 September 3, 2009 issue of
said newspaper and ending with the September 24, 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 9(29/2009 at 3:03 PM Certificate of Sale
RECEIVED Malvini 09-17565
RECEIVING # 949763 Page 1 of 7
BOOK: 732 PAGE: 862
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CERTIFICATE OF SALE
+~VU863
Gary D.
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to-wit: On September 29, 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
s $425,4-31,07 ("Bid Sum"), which was bid and offered by
Parola Trustee for the Gary D. Parola 2004 Revocable Trust dated 4/30/2004 388 A. Corry
("Successful Bidder") and that after soliciting and calling for other and higher bids D: Tolia
therefore, and receiving none from those attending upon the sale, said realspilinas, CA
93908
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 $2,515.20 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 29, 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
29 day of September , 2009.
Shane Johnson
Sheriff in and fo(Linc~in County, State
of Wyoming
By: .1
Print Name: John Starcevich
Title: nP- "rte Cheri ff
COSPkg
Certificate of Sale
Malvini 09-17565
Page 2 of 7
ACKNOWLEDGMENT
STATE OF WYOMING )
) SS °e?i
COUNTY OF LINCOLN )
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Starcevich ,
Deputy Sheriff of Lincoln County, State of Wyoming, this 29 day of
September- , 2009.
Witness my hand and official seal.
(),11"m I LL0
N CAL '
?Try P' is
My Commission Expires:
F ny Clarke - Notary Public
of State of
ln Wyoming
mission Expires
G+cr^~>R..~,.*n
COSPkg Certificate of Sale
Malvini 09-17565
Page 3 of 7
EXHIBIT A
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 5, 2006 (the "Mortgage"), and recorded on October 11, 2006, at
Reception No. 923261 in Book 636 at Page 558 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 Stephen J. Malvini and Miguel S. Martinez
("Mortgagor(s)"), the named mortgagor(s), and OneWest Bank, FSB successor
in interest to Indymac, FSB 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: 71786575345000262899
CERTIFIED MAIL NO. FSN: 71786575345000266668
Stephen J. Malvini
Plat 17 Lot 96
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000262905
CERTIFIED MAIL NO. FSN: 71786575345000266675
Stephen J. Malvini
24220 Pheasant Court
Salinas, CA 93908
CERTIFIED MAIL NO. NOI: 71786575345000262912
CERTIFIED MAIL NO. FSN: 71786575345000266682
Stephen J. Malvini
201 John Street, Suite K
Salinas, CA 93901
CERTIFIED MAIL NO. NOI: 71786575345000262936
CERTIFIED MAIL NO. FSN: 71786575345000266705
Miguel S. Martinez
Plat 17 Lot 96
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000262950
CERTIFIED MAIL NO. FSN: 71786575345000266729
Miguel S. Martinez
201 John Street, Suite K
Salinas, CA 93901
CERTIFIED MAIL NO. NOI: 70091410000070136340
CERTIFIED MAIL NO. FSN: 7009141000070137286
OneWest Bank, FSB successor in interest to Indymac, FSB
460 Sierra Madre Villa, Mail Code HS-01-04
Pasadena, CA 91107
COSPkg
CERTIFIED MAIL NO. NOI: 71786575345000262929
CERTIFIED MAIL NO. FSN: 71786575345000266699
Stephen J. Malvini
211 Last Chance Drive
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000262943
CERTIFIED MAIL NO. FSN: 71786575345000266712
Miguel S. Martinez
24220 Pheasant Court
Salinas, CA 93908
CERTIFIED MAIL NO. NOI: 71786575345000262967
CERTIFIED MAIL NO. FSN: 71786575345000266736
Miguel S. Martinez
211 Last Chance Drive
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000262974
CERTIFIED MAIL NO. FSN: 71786575345000266743
Occupant
Plat 17 Lot 96
Star Valley Ranch, WY 83127
Certificate of Sale
Malvini 09-17565
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71786575345000262981
CERTIFIED MAIL NO. FSN: 71786575345000266750
Lincoln Coutny Treasurer
P.O. Box 630
Kemmerer. WY 83101
CERTIFIED MAIL NO. NOI: 71786575345000262998
CERTIFIED MAIL NO. FSN: 71786575345000266767
Lincoln County Assessor
P.O. Box 569
Kemmerer, WY 83101 C 0, "a6,
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 20, 2009 and the date of the first publication of the
notice of foreclosure sale was September 3, 2009.
FURTHER AFFIANT SAYETH NAUGHT.
*B- nette Baldacci
Castle, Meinhold, & Stawiarski Legal Services, LLC
330 Walsh Drive, Ste. 202
Casper, WY 82609-0000
3073335379
State of Wyoming
County of Natrona
his instrument was acknowledged before me on
day of 7C ; 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
nA DA
(Si natur n to is fficer)
- _ Title (and 'Rank)
My commission expires: March O)IN
COSPkg Certificate of Sale
Malvini 09-17565
Page 5 of 7
EXHIBIT B
PUBLISHER'S AFFIDAVIT
t, G&S67
AFFIDAVIT OF PUBLICATION STATE OF WYOMING
Kemmerer Gazette ) ss.
Kemmerer, Wyoming County of Lincoln
FORECLOSURE SALE NOTICE
I, Michael Jensen, do solemnly swear that
WHEREAS; default in the payment of principal and interest has oc-
curred-under the terms of a promissory note (the "Note") dated October
I am the publisher of the Kemmerer
2006, executed and delivered by Stephen J. Malvini and Miguel S.
5
,
Martinez ("Mortgagor(s)") to Indymac Bank, F.S.B., and a real estate
mortgage (the "Mortgage") of the same date securing the,Note, which
Gazette, a weekly paper of general
Mortgage was executed surd delivered by said Mortgagor(s), to said Mort-
gagee, and which Mortgage was recorded on October 11, 2006, at R&
923261 in Book 636 at Page 558 in the records of the office
tion No
e
circulation, published once a week at
.
p
c
of the County Clerk and ex-officio Register of Deeds in and for Lincoln
County, State of Wyoming-, and
VMREAS, the Mortgage contains a power.of sale which by reason
Kemmerer, Lincoln County, Wyoming;
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
and which
that the notice attached hereto
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
is part of the affidavit, was published in
advertisement and sale has been served upon the record owner and the
party iii,possession of the mortgaged premises at least ten (10) days prior
to the commencement of this publication, and the amount due upon the
said newspaper for _ insertions, the
Mortgage on the date of fast publication of this notiee,of sale being the
total sum of $419,518.44 which sum consists of the unpaid principal,
lus interest accrued to the date of the first pub-
82
460
f $410
nc
l
first publication having been made on the
p
.
,
e o
ba
a
lieation of this notice in the amount of $9,057.62, plus attorneys' fees,
costs expended, and accruing interest and late charges after the date of
day 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.
urchaser should research the status of title before sub-
ective
A
y
A.D. 20 and the last 11b11catlOn on
p
p
prosp
n
mitting a bid:
NOW, THEREFORE OneWest Bank, FSB successor in interest to
L,6A4V_)U
the day of
Indymac, FSB, 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 or Deputy Sheriff in and for Lincoln County, Wyo--.
A.D. 20 ; that said no l ice was
to the highest bidder for cash at 10:00 o'clock in the forenoon on
ming
_
September 29, 2009 at the front door of the Lincoln County Courthouse
located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for appli=
published in a regular and entire: issue of
cation on the above-described amounts secured by the Mortgage, said
mortgaged property being described as follows, to-wit:
LOT 96 OF STAR VALLEY RANCH PLAT 17, LINCOLN
the paper(s) in which it was published; and
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON MAY 3, 1979 AS INSTRUMENT NO. 523541 OF THE
that said notice was published in the
RECORDS OF THE LINCOLN COUNTY CLERK
Star Valley Ranch, WY
211 Last Chance Drive
f
dd
,
_
ress o
with an a
83127.
Together with all improvements thereon situate and all fixtures and
newspaper proper, and not in a
appurtenances thereto.
OneWest Bank, FSB successor in interest to Indymac, FSB
supplement.
By: DanetteBaldacci
Castle, Meinhold & Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
Publish: September 3, 10 17, 24, 2009 (09-17565) 0903B
Michael Jensen, Publisher
Subscribed in my presence and sworn to
before me on this Z day of
~.r.
A.D., 20--619-.
NOTARY PUBLIC
ROSEMARY CAPELLEN •
'
.
Comity of state of
t WAW Wyoming
my Comndsslon Expirea May 5, 2012
COSPkg Certificate of Sale
Malvini 09-17565
Page 6 of 7
EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $2,515.20
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
600.00
Title Commitment
1,252.00
Statutory Notice Fee
156.00
Publication Cost
400.20
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 $2,515.20
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 AFFIAN ETH AUG T.
yanette Bala I
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
W) day of } , 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawlarski Legal Services, LLC.
z Sig ature f ptbl'al fficer)
r 1,
Title (and Rank)
My commission expires: MO JO i~, X101 t
COSPkg Certificate of Sale
Malvini 09-17565
Page 7 of 7