Loading...
HomeMy WebLinkAbout9503406010918364 STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson COSPkg CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: 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 July 27, 2004, executed and delivered by Earl M. Pacheco to Wells Fargo Bank, N.A. and (b) that certain mortgage dated July 27, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 27, 2004, at Reception No. 901402 in Book 563 at Page 136 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: THE SOUTHERLY THIRTY -EIGHT AND ONE -HALF FEET OF THE LOT NUMBERED TWELVE (12) OF THE BLOCK NUMBERED ONE (1) OF THE ORIGINAL TOWNSITE OF KEMMERER, LINCOLN COUNTY, WYOMING, AS SURVEYED, PLATTED AND RECORDED, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 12 OF BLOCK 1, AND RUNNING THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LOT A DISTANCE OF 38 FEET 6 INCHES; THENCE AT RIGHT ANGLES AND RUNNING WESTERLY A DISTANCE OF 140 FEET, TO THE WESTERLY BOUNDARY OF SAID LOT 12, THENCE SOUTHERLY ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 38 FEET 6 INCHES; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT A DISTANCE OF 140 FEET, TO THE POINT OF BEGINNING; BEING A RECTANGULAR PARCEL OF GROUND FRONTING 38 FEET 6 INCHES ON CEDAR AVENUE AND 140 FEET ON GARNET STREET with an address of 901 Cedar Avenue, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 006067 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, Wells Fargo Bank, N.A. "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 11/3/2009 at 10:57 AM RECEIVING 950340 BOOK: 735 PAGE: 67 JEANNE WA r r,i IAITV ri C[7l! VPRANAPPPR \n/Y Certificate of Sale Pacheco 09 -21474 Page 1 of 7 06068 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 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 $78,808.23 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $1,751.20 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 November 3, 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 day of 2009. COSPkg By: Print Name Title: Shane Johnson Sheriff in and for Lincoln County, State of Wyoming 2 .4110 /Cliff Boyd Deputy Sheriff Certificate of Sale Pacheco 09 -21474 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 3 day of November 2009. My Commission Expires: COSPkg Witness my hand and official seal. Ri579m r Notary Public SAVANNA L. HAKES NOTARY PUBLIC COUNTY OF LINCOLN STATE OF :r WYOMING p l� My Commission Expires 1 2:1 ACKNOWLEDGMENT SS 000069 Certificate of Sale Pacheco 09 -21474 Page3of7 STATE OF WYOMING COUNTY OF NATRONA .EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000070 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 July 27, 2004 (the "Mortgage and recorded on July 27, 2004, at Reception No. 901402 in Book 563 at Page 136 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 Earl M. Pacheco "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. 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: 71786575345000278241 CERTIFIED MAIL NO. FSN: 71786575345000285874 Earl M. Pacheco 901 Cedar Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71786575345000278265 CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71786575345000285898 Wells Fargo Bank, N.A. Occupant 3476 Stateview Blvd 901 Cedar Avenue Fort Mill, SC 29715 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 21, 2009 and the date of the first publication of the notice of foreclosure sale was October 8, 2009. COSPkg CERTIFIED MAIL NO. NOI: 71786575345000278258 CERTIFIED MAIL NO. FSN: 71786575345000285881 Earl M. Pacheco 901 Cedar Avenue Kemmerer, WY 83101 -2937 Certificate of Sale Pacheco 09 -21474 Page 4 of 7 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. 000071 B 'anette Baldacci 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 OCR 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Title (and Rank) My commission expires:a 20t COSPkg NOTAR PJeLIC AMBER G. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission Ex res Oct OS 2013 (Signature of notarial officer) Certificate of Sale Pacheco 09 -21474 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 July 27, 2004, executed and delivered by Earl M. Pacheco "Mortgagor(s) to Wells Fargo Bank, N.A., and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and de- livered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on July 27, 2004, at Reception No. 901402 in Book 563 at Page 136 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 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 $75,696.74 which sum consists of the unpaid principal bal- ance of $72,733.43 plus interest accrued to the date of the first publica- tion of this notice in the amount of $3,055.29, 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 Wells Fargo Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mort- gaged property to be sold at public venue by the Sheriff or Deputy Sher- iff 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 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 described as follows, to -wit: THE SOUTHERLY THIRTY -EIGHT AND ONE -HALF FEET OF THE LOT NUMBERED TWELVE (12) OF THE BLOCK NUMBERED ONE (1) OF THE ORIGINAL TOWNSITE OF KEMMERER, LIN- COLN COUNTY, WYOMING, AS SURVEYED, PLATTED AND RE- CORDED, AND MORE, PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SOUTH- EASTERLY CORNER OF SAID LOT 12 OF BLOCK 1, AND RUN- NING THENCE NORTHERLY ALONG THE EASTERLY BOUND- ARY OF SAID LOT A DISTANCE OF 38 FEET 6 INCHES; THENCE AT RIGHT ANGLES AND RUNNING WESTERLY A DISTANCE OF 140 FEET, TO THE WESTERLY BOUNDARY OF SAID LOT 12, THENCE SOUTHERLY ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 38 FEET 6 INCHES; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF SAID LOT A DISTANCE OF 140 FEET, TO THE POINT OF BEGINNING; BEING A RECTANGU- LAR PARCEL OF GROUND FRONTING 38 FEET 6 INCHES ON CEDAR AVENUE AND 140 FEET ON GARNET STREET with an address of 901 Cedar Avenue, Kemmerer, WY 83101. Together with all improvements thereon situate and all fixtures and appurtenances thereto. ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincol Wyoming My Commission Expires May 5, 2012 Wells Fargo Bank, N.A, By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 PUBLISH: October 8, 15, 22, 29, 2009 (09-21474) (307) 333 1 108 08 EXFIISIT ra PUBLISHER'S AFFIDAVIT before on 046072 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 `t insertions, the first publication having been made on the day of C4D A.D., 20 09 and the last publication on the day of A.D., 20 (:b 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. Michael Jensen, Publisher Subscribed in my presence and sworn to this day of A.D., 20 (J Certificate of Sale Pacheco 09 -21474 Page 6 of 7 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 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 $1,751.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $1,751.20 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 S%AYETH NAU HT. State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY SS At, L. By Panett= :ald. ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on ,99 day of A__ y- 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) No /a( P c_ Title (and Rank) My commission expires: O(¢ Zol COSPkg NOTARY PUBLIC AMBER D. MODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Es 'rim Oct 05, 2013 650.00 475.00 39.00 469.20 50.00 26.00 11.00 11.00 10.00 10.00 VO Certificate of Sale Pacheco 09 -21474 Page 7 of 7