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HomeMy WebLinkAbout9502206010917772 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE Shane Johnson SS upon his oath, states and certifies as follows: (7:00612 of lawful age, being first duly sworn 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 January 9, 2007, executed and delivered by Daniel James Kopcho and Virginia Beth Kopcho to Argent Mortgage Company, LLC and (b) that certain mortgage dated January 9, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 16, 2007, at Reception No. 926106 in Book 646 at Page 355 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 10, TOWNSHIP 35 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 14 RODS WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10 AND RUNNING THENCE NORTH 20 RODS; THENCE WEST 9.5 RODS; THENCE SOUTH 20 RODS; THENCE EAST 9.5 RODS TO THE POINT OF BEGINNING COSPkg with an address of 60 Good Neighbor Lane Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: US Bank National Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 -AMC3 Assignment dated: April 21, 2009 Assignment recorded: April 30, 2009 Assignment recording information: at Reception No. 946837 in Book 721 at Page 756 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, US Bank National Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 AMC3 "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 RECEIVED 10/27/2009 at 11:13 AM RECEIVING 950220 BOOK: 734 PAGE: 612 JEANNE WAGNER LINCOLN COUNTY CI ERK KPMMPPPP kA/V Certificate of Sale Kopcho 09 -06286 Page 1 of 7 r; O iG1.3 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 $157,500.00 "Bid Sum which was bid and offered by US Bank National Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 -AMC3 "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 $2,730.25 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 Title: Shane Johnson Deputy Sheriff Certificate of Sale Kopcho 09 -06286 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg COUNTY Of LINCOLN My Commission Expiry ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by John MI' ES2420X Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 27 day of October 2009. Witness my hand and official seal. Notary Public 614 Certificate of Sale Kopcho 09 -06286 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS X 615 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 January 9, 2007 (the "Mortgage and recorded on January 16, 2007, at Reception No. 926106 in Book 646 at Page 355 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 Daniel James Kopcho and Virginia Beth Kopcho "Mortgagor(s) the named mortgagor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: US Bank National Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 -AMC3 Assignment dated: April 21, 2009 Assignment recorded: April 30, 2009 Assignment recording information: at Reception No. 946837 in Book 721 at Page 756 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: 71786575345000276292 CERTIFIED MAIL NO. FSN: 71786575345000281241 Daniel James Kopcho 60 Good Neighbor Lane Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000276305 CERTIFIED MAIL NO. FSN: 71786575345000281265 Virginia Beth Kopcho 60 Good Neighbor Lane Etna, WY 83118 CERTIFIED MAIL NO. NOI: 70091410000070137965 CERTIFIED MAIL NO. NOI: 71786575345000276339 CERTIFIED MAIL NO. FSN: 70091410000064584188 CERTIFIED MAIL NO. FSN: 71786575345000281289 US Bank National Association, as Trustee for the CMLTI Asset- Occupant Backed Pass Through Certificates, Series 2007 -AMC3 60 Good Neighbor Lane 4828 Loop Central Drive Etna, WY 83118 Houston, TX 77081 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000276308 CERTIFIED MAIL NO. FSN: 71786575345000281258 Daniel James Kopcho PO Box 10168 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000276322 CERTIFIED MAIL NO. FSN: 7178657534500028127 Virginia Beth Kopcho PO Box 10168 Jackson, WY 83002 Certificate of Sale Kopcho 09 06286 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 17, 2009 and the date of the first publication of the notice of foreclosure sale was October 1, 2009. State of Wyoming County of Natrona This instrument was acknowledged before me on day of etc -bet- 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servic: s, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. (Sign re of notarial officer) 0Z (42 -1 vst.icL Title (and Rank) My commission expires: NOTARY PUBLIC LYNN ;,3EUBERGER S1 (W WYOMING C& UNTY OF NATRONA m i sii)i; xpirs;s Fell 13 2010 anette B.Id. ci stle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Kopcho 09 -06286 Page 5of7 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 January 9, 2007, executed and delivered by Daniel James Kopcho and Virginia Beth Kopcho "Mortgagor(s) to Argent Mortgage Company, LLC, 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 January 16, 2007, at Reception No. 926106 in Book 646 at Page 355 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: US Bank National Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 -AMC3 Assignment dated: April 21, 2009 Assignment recorded: April 30, 2009 Assignment recording information: at Reception No. 946837 in Book 721 at Page 756 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 suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suitor 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 $287,904.06 which sum consists of the unpaid principal balance of $264,068.58 plus interest accrued to the date of the first pub- lication of this notice in the amount of $23,835.48, 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 US Bank National Association, as Trustee for the CMLTI Asset-Backed Pass- Through Certificates, Series 2007 -AMC3, 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, 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 prop erty being described as follows, to -wit: PART OF SECTION 10, TOWNSHIP 35 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 14 RODS WEST FROM THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 10 AND RUNNING THENCE NORTH 20 RODS; THENCE WEST 9.5 RODS; THENCE SOUTH 20 RODS; THENCE EAST 9.5 RODS TO THE POINT OF BEGINNING with an address of 60 Goo .1k ghbor Lane, Etna, WY 83118. ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Together with all improvements thereon situate and all fixtures and appurtenances thereto. US Bank National. Association, as Trustee for the CMLTI Asset Backed Pass Through Certificates, Series 2007 -AMC3 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- 06285) 1001E 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 insertions, the first publication havin, been made on the 3 day of A.D., 20 and the last publication on the J3. 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. Michae Jensen, Publisher Subscribed in my presence and sworn to b ore n on this 's,_ day of .D., 20 O d Certificate of Sale Kopcho 09 -06286 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 618 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 $2,730.25 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost FTP Update Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $2,730.25 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 tate of Wyoming and residing therein. FURTHERAFFIAN SA ETH NAUG_T. State of Wyoming County of Natrona Title (and Rank) My commission expires: COSPkg 600.00 914.00 156.00 8.00 362.25 100.00 483.00 50.00 26.00 11.00 10.00 10.00 Danette Ba d Castle, Meinhold, awiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of Oct--4 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Service, LLC. (Signate of notarial officer) la aLIC S .1 c E E R �7�F WYOMING COUNTY OF NATRONA Commission Ex iris Feb 13 2010 Certificate of Sale Kopcho 09 -06286 Page 7 of 7