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HomeMy WebLinkAbout950339COSPkg CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN rig S —56111 -504A of lawful age, being first duly sworn upon his oath, states and certifies as follows SS EEO }Of O 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 March 30, 2006, executed and delivered by Timothy Wyatt Andrus to Shoshone First Bank and (b) that certain mortgage dated March 30, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 30, 2006, at Reception No. 917128 in Book 615 at Page 656 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: LOTS 1 AND 2 OF BLOCK 28 OF THE FIRST ADDITION TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING. with an address of 311 West 4th Avenue LaBarge, 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: March 30, 2006 Assignment recorded: April 19, 2006 Assignment recording information: at Reception No. 917613 in Book 617 at Page 369 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 four (4) consecutive weeks, commencing with the October 8, 2009 issue of said newspaper and ending with the October 29, 2009 issue thereof; that said notice RECEIVED 11/3/2009 at 10:54 AM RECEIVING 950339 BOOK: 735 PAGE: 60 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Andrus 09 -22912 Page 1 of 7 C 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 November 3, 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 $87,759.50 "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 $1,236.80 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 November 3, 2009, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DAT D at Kemmerer, Lincoln County, State of Wyoming, this 5 day of /Vo,h°,v4r 2009. COSPkg tviAsovi Sheriff in and for Lincoln County, State of Wyoming Title: Cr 5'tier4 Certificate of Sale Andrus 09 -22912 Page2of7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by CM`ccTy i c\ Deputy Sheriff of Lincoln County, State of `Wyoming, this L day of nE, 2009. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA l,. HARES NOTARY PUBLIC ti COUNTY OF LINCOLN STATE OF ,WYYOOMING My Commission Expires ACKNOWLEDGMENT SS Certificate of Sale Andrus 09 -22912 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 March 30, 2006 (the "Mortgage and recorded on March 30, 2006, at Reception No. 917128 in Book 615 at Page 656 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 Timothy Wyatt Andrus "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: March 30, 2006 Assignment recorded: April 19, 2006 Assignment recording information: at Reception No. 917613 in Book 617 at Page 369 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: 71786575345000280558 CERTIFIED MAIL NO. FSN: 71786575345000285591 Timothy Wyatt Andrus 311 West 4th Avenue LaBarge, WY 83123 CERTIFIED MAIL NO. NOI: 71786575345000280572 CERTIFIED MAIL NO. FSN: 71786575345000285614 Wyoming Community Development Authority P.O. Box 10100 Casper, WY 82602 CERTIFIED MAIL NO. FSN: 71786575345000288905 Timothy Wyatt Andrus 691 N. 300 E. Logan, UT 84321 -3305 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000280565 CERTIFIED MAIL NO. FSN: 71786575345000285607 Timothy Wyatt Andrus P.O. Box 93 Labarge, WY 83123 CERTIFIED MAIL NO. NOI: 71786575345000280589 CERTIFIED MAIL NO. FSN: 71786575345000285621 Occupant 311 West 4th Avenue LaBarge, WY 83123 Certificate of Sale Andrus 09 -22912 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 23, 2009 and the date of the first publication of the notice of foreclosure sale was October 8, 2009. State of Wyoming County of Natrona This instrument was acknowledged before me on 09 day of acl-G1x 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires' COSPkg FURTHER'AFFIANT SAYETH NAUiGHT. NOTARN PUBLIC AMBER D. HODGES SLATE OF WYOMING COUNTY OF NATRONA My Commisµf I on S$ Oct OS, ?Ate r Awl 7 By: D nette Ba d Ca e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 (Signature of notarial officer) /04 a ry bl Title (and Rank) 5 Certificate of Sale Andrus 09 -22912 Page 5 of 7 KEMMERER GAZETTE 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 March 30, 2006, executed and delivered by Timothy Wyatt Andrus "Mortgagor(s) to Shoshone First Bank, 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 March 30, 2006, at Reception No. 917128 in Book 615 at Page 656 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: Wyoming Community Development Authority Assignment dated: March 30, 2006 Assignment recording recording infolrmatio 2006 ss at Reception n No. 917613 in Book 617 at Page 369 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 defanit, 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 di and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served yupon the record owner and the party in o f the pretr uses'at least ten (10) days prior to the commencement of``this;publi ation, and the amount due upon the Mortgage on the dateof first publication of this notice of sale being the total sum of $84,308.89 which sum consists of the unpaid principal bal- ance of $81,445.40 plus interest accrued to the date of the first publica- tion of this notice in the amount of $2,863.49, 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 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 or Deputy Sheriff in and, for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on November 3, 2009 at the. front door thelLincoln,County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lineo"lr# County, for application on the above-described amounts secured ?by ihe "Mortgage, said mortgaged prop- erty being described as follows, to-wit: LOTS 1 AND 2 OF BLOCK 28 OF THE FIRST ADDITION TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING. with an address of 311 West 4th`Avenue, LaBarge, 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: October 8, 15, 22, 29, 2009 (09.22912) 1008C ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming M Commission Expires May 5, 2012 EXHIBIT B PUBLISHER'S AFFIDAVIT 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 Al insertions, the first publication having been made on the day of O La) A.D., 20 O' and the last publication on the xi day of A.D., 20 O 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 newspaper proper, supplement. Michael Jensen, Publisher bef Subscribed in my presence and sworn to a on this (;O0O65 Kemmerer Wyoming STATE OF WYOMING ss. County of Lincoln published in the and not in a ail day of D 2 0 0 9 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: 1„ That she is a residentattarney admitted generally to practice law in the State of Wyoming,,anci is a rneniber of the law firm of Castle, Meinhold, Stawiarski „Legal .Services, LLC who., are :the attorneys representing the Mortgagee, in a p.rocedure: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 $1,236.80 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $1,236.80 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 S`AYET NAU, HT. State of Wyoming County of Natrona This instrument was acknowledged before me on 59 day of Oc 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Sign a ure of notarial officer) A/G i r y isc Title (and Rank) My commission expires: OLD 5 ZUI'3 NOTARN. PURUC AMBER D. HODGES STATE OF WYOMING M Commission Ez e s Oc 05 2013 EXHIBIT C AFFIDAVIT OF ATTORNEY 650.00 52.00 427.80 50.00 26.00 11.00 10.00 10.00 anette Bal'ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Andrus 09 -22912 Page 7 of 7