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Home My WebLink About9502196010918282 CERTIFICATE OF SALE STATE OF WYOMING SS 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 February 20, 2007, executed and delivered by Angela C. Shoell and Melvin Dean Shoell to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated February 20, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 21, 2007, at Reception No. 926928 in Book 649 at Page 248 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: PART OF SECTION 6, T31N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING 41 FEET SOUTH OF THE NORTHWEST CORNER OF SW1 /4SW1/4 OF SAID SECTION 6, AND ON THE RIGHT OF WAY U.S. 89 NORTH HIGHWAY AND RUNNING THENCE SOUTH, 79 FEET; THENCE EAST, 133 FEET; THENCE NORTH 70 FEET; THENCE WEST, 28.5 FEET; THENCE NORTH, 9 FEET; THENCE WEST, 104.5 FEET TO THE POINT OF BEGINNING. with an address of 83152 US Hwy 89, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -HE2 Assignment dated: September 9, 2009 Assignment recorded: September 14, 2009 Assignment recording information: at Reception No. 949432 in Book 731 at Page 767 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, Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -HE2 "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. COSPkg Shane Johnson of lawful age, being first duly sworn Certificate of Sale RECEIVED 10/27/2009 at 11:12 AM Shoell Page 1 RECEIVING 950219 BOOK: 734 PAGE: 605 JEAN "'1GNER LINCOLN COUNT`r L,L 'r<K, KEMMERER, WY 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 October 1, 2009 issue of said newspaper and ending with the October 22, 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 October 27, 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 $59,500.00 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 HE2 "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 $1,925.80 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 October 27, 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 27 day of October 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: Prin Title: Shane JOhnson ame: John XMEIMMINIZIK Jackman Deputy KWBE Shcriff Certificate of Sale Shoell 09 -19599 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN r^ WYOMING My Commission Expires '1 )21 ACKNOWLEDGMENT SS Nota Public S07 The foregoing instrument was subscribed in my presence and acknowledged before me by John AmeamonOmMx Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 77 day of October 2009. Certificate of Sale Shoell 09 -19599 Page 3 of 7 STATE OF COUNTY 0 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE WYOMING F 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 February 20, 2007 (the "Mortgage and recorded on February 21, 2007, at Reception No. 926928 in Book 649 at Page 248 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 Angela C. ShoeII and Melvin Dean Shoell "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -HE2 Assignment dated: September 9, 2009 Assignment recorded: September 14, 2009 Assignment recording information: at Reception No. 949432 in Book 731 at Page 767 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 CERTIFIED MAIL Angela C. ShoeIl 83152 US Hwy 89 Afton, WY 83110 CERTIFIED MAIL CERTIFIED MAIL Angela C. Shoell 83130 US Hwy 89 Afton, WY 83110 NO. N01: 71786575345000275974 NO. FSN: 71786575345000280930 NO. N01: 71786575345000275998 NO. FSN: 71786575345000280954 SS CERTIFIED MAIL NO. NOI: 70091410000070137903 CERTIFIED MAIL NO. FSN: 70091410000064584133 Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -HE2 c/o Fidelity National FC Solutions, 1270 Northland Drive, #200 Mendota Heights, MN 55120 COSPkg EXHIBIT A CERTIFIED MAIL NO. CERTIFIED MAIL NO. Melvin Dean Shoell 83152 US Hwy 89 Afton, WY 83110 CERTIFIED MAIL NO. CERTIFIED MAIL NO. Melvin Dean Shoell 83130 US Hwy 89 Afton, WY 83110 N01: 71786575345000275981 FSN: 71786575345000280947 N01: 71786575345000276001 FSN: 71786575345000280961 CERTIFIED MAIL NO. NOI: 71786575345000276018 CERTIFIED MAIL NO. FSN: 71786575345000280978 Occupant 83152 US Hwy 89 Afton, WY 83110 Certificate of Sale Shoell 09 -19599 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000276384 CERTIFIED MAIL NO. FSN: 71786575345000280985 Angela C. ShoeII P.O. Box 222 Grover, WY 83122 CERTIFIED MAIL NO. FSN: 71786575345000287762 Angela C. ShoeII 14496 Rupe Road Mansfield, AR 72944 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 16, 2009 and the date of the first publication of the notice of foreclosure sale was October 1, 2009. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. NOI: 71786575345000276391 CERTIFIED MAIL NO. FSN: 71786575345000280992 Melvin Dean ShoeII P.O. Box 222 Grover, WY 83122 Danette Ba dac i Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of Od-& 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servic ,s, LLC. (Sign hire of notarial officer) oT U. C Title (and Rank) My commission expires: 3-c, COSPkg LYNN NEUBERGER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Feb 13 2010 Certificate of Sale Shoell 09 -19599 Page 5 of 7 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 February. 20, 2007, executed and delivered by Angela C. Shoell and Melvin Dean Shoell'( "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation, 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 February 21, 2007, at Reception No. 926928 in Book 649 at Page 248 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 was assigned for value as follows: Assignee: Deutsche Bank. National Trust Company, as Trustee. for NATIXIS Real Estate Capital Trust 2007 -HE2 Assignment dated: September 9, 2009 Assignment recorded: September 14, 2009 Assignment recording information: at Reception No 949432 in Book 731 at Page 767 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the. Mortgage contains a power of sale which, by reason of said default, the Mortgagee declares to have become operative, and no suitor 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 3133,974.33 which sum consists of the unpaid principal balance of $125,558.59 plus interest accrued to the date of the first pub- lication of this notice in the amount of $8,415.74, 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 Deutsche Bank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -11E2, as the Mort- gagee, 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, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on October 27, 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. scribed as follows, to -wit: PART OF SECTION 6, T31N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING 41 FEET SOUTH OF THE NORTHWEST COR- NER OP SW1 /4SW1/4 OF SAID SECTION 6, AND ON THE RIGHT OF WAY U.S. 89 NORTH HIGHWAY AND RUNNING THENCE SOUTH, 79 FEET; THENCE EAST,` 133 FEET; THENCE NORTH 70 FEET; THENCE WEST, 28.5 FEET; THENCE NORTH, 9 FEET; THENCE WEST, 104.5 FEET TO THE POINT OF BEGINNING. with an address of 83152 US Hwy 89, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Deutsche Hank National Trust Company, as Trustee for NATIXIS Real Estate Capital Trust 2007 -HE2 By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 Publish; October 1, 8, 15, 22, 2009 (09- 19599) 1001C EXHIBIT B PUBLISHER'S AFFIDAVIT 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 11 insertions, the first publication having been made on the n 1 day of A.D., 20 (Yf and the last publication on the 2 day of A.D., 20 OC 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. MichaefJensen, Publisher Subscribed in my presence and sworn to be core ne on this, day of A.D., 20 a 4 Certificate of Sale Shoel 109 -19599 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $1,925.80 as compensation for services actually rendered in the foreclosure proceeding. Total $1,925.80 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 .A ETH UGHT. Janette Bala i Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank) My commission expires: This instrument was acknowledged before me on as day of OG 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. wog/ F'usua (Signaflre of notarial officer) Mort Pck6 J C 600.00 610.00 104.00 8.00 496.80 50.00 26.00 11.00 10,00 10.00 Certificate of Sale Shoell 09 -19599 Page 7 of 7