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HomeMy WebLinkAbout9503426010817099 STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson CERTIFICATE OF SALE SS 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 September 14, 2006, executed and delivered by Bryan G. Miller and Jamie L. Miller to Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc. and (b) that certain mortgage dated September 14, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 25, 2006, at Reception No. 922758 in Book 634 at Page 754 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 3 OF BAKER SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 137 -D FILED AUGUST 4, 2003 AS INSTRUMENT NO. 892185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 85 Twin Cliffs Road Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates Assignment dated: October 7, 2008 Assignment recorded: October 23, 2008 Assignment recording information: at Reception No. 943119 in Book 707 at Page 599 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., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates "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 COSPkg Certificate of Sale RECEIVED 11/3/2009 at 11:02 AM Miller 08-16942 Page 1 of 7 RECEIVING 950342 BOOK: 735 PAGE 81 JEANNE Wi r IMTY C.I FRK. KEMMERER, WY 000082 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 $455,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates "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 $3,259.85 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 3 day of November 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming --vr. By: Print Name: Cliff :oyd Title: Shane Johnson Deputy Sheriff Certificate of Sale Miller 08 -16942 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg The foregoing instrument was subscribed in my presence and acknowledged before me by Clif f Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 3 day of November 2009. Witness my hand and official seal. ACKNOWLEDGMENT SAVANNA L, HAWKED NOTARY PUBLIC COUNTY OF (g} STATE OF LINCOLN "iI''�'' WYOMING '""L My Commission Expires 21 SS N ota Public 000083 Certificate of Sale Miller 08 -16942 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 September 14, 2006 (the "Mortgage and recorded on September 25, 2006, at Reception No. 922758 in Book 634 at Page 754 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 Bryan G. Miller and Jamie L. Miller "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates Assignment dated: October 7, 2008 Assignment recorded: October 23, 2008 Assignment recording information: at Reception No. 943119 in Book 707 at Page 599 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: 71786575345000279224 CERTIFIED MAIL NO. FSN: 71786575345000285683 Bryan G. Miller 85 Twin Cliffs Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70091410000064583846 CERTIFIED MAIL NO. FSN: 70091410000070140569 Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates 1610 East St. Andrews Street Santa Ana, CA 92705 COSPkg EXHIBIT A SS (10 084 CERTIFIED MAIL NO. NOI: 71786575345000279231 CERTIFIED MAIL NO. FSN: 71786575345000285790 Jamie L. Miller 85 Twin Cliffs Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000279248 CERTIFIED MAIL NO. FSN: 71786575345000285706 Occupant 85 Twin Cliffs Road Afton, WY 83110 Certificate of Sale Miller 08 -16942 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000279255 CERTIFIED MAIL NO. FSN: 71786575345000285713 Lincoln County Treasurer Cert. of Purchase No. 9998 925 Sage Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71786575345000279279 CERTIFIED MAIL NO. FSN: 71786575345000285737 State of Wyoming, Dept. of Employment Unemployment Tax Division 100 West Midwest Avenue Casper, WY 82601 CERTIFIED MAIL NO. NOI: 71786575345000279286 CERTIFIED MAIL NO. FSN: 71786575345000285744 Bryan G. Miller P.O. Box 1336 Thayne, WY 83127 State of Wyoming County of Natrona My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. tioVANv Fue c AMBER D MODGES STATE OF WYOMING COUNTY rasOctO 2013 ommiu►on CERTIFIED MAIL NO. NOI: 71786575345000279262 CERTIFIED MAIL NO. FSN: 71786575345000285720 Wyoming Worker's Safety Compensation 1510 East Pershing Blvd. Cheyenne, WY 82002 CERTIFIED MAIL NO. NOI: 7009141000064583839 CERTIFIED MAIL NO. FSN: 70091410000070140576 Internal Revenue Service 1999 Broadway, Ste 1722 Denver, Colorado 80202 -2490 ATTN: Technical Services 'Group Manager CERTIFIED MAIL NO, NOI: 71786575345000279293 CERTIFIED MAIL NO. FSN: 71786575345000285751 Jamie L. Miller P.O. Box 1336 Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 22, 2009 and the date of the first publication of the notice of foreclosure sale was October 8, 2009. (Signature of notarial officer) �tiv ci-/ PLtd Title (and Rank) 000085 anette Balcci 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 0( e c r 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Certificate of Sale Miller 08 -16942 Page5of7 LFFIDAVIT 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 Septem- ber 14, 2006, executed and delivered by Bryan G. Miller and Jamie L. Millen "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for People's Choice Home Loan, Inc., and a real estate mortgage (the "Mortgage of the salve date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded on September 25, 2006, at Reception No. 922758 in Book 634 at Page 754 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: Wells Fargo Bank, N.A., as Trustee for Carrington Mort- gage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Cer- tificates Assignment dated: October 7, 2008 Assignment recorded: October 23, 2008 Assignment recording information: at Reception No. 943119 in Book 707 at Page 599 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 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 $468,735.61 which sum consists of the unpaid principal balance of $388,888.49 plus interest accrued to the date of the first pub- lication of this notice in the amount of $79,847.12, 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 Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFCI, Asset Backed Pass Through Certificates, as the Mortgagee, will have the Mortgage fore closed 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 of the Lincoln County Court- house 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: LOT 3 OF BAKER SUBDIVISION, LINCOLN COUNTY, WYO- MING AS DESCRIBED ON THE OFFICIAL PLAT NO. 137-D FILED AUGUST 4, 2003 AS INSTRUMENT NO. 892185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 85 Twin Cliffs Road, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 5, 2012 Welts Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2007 -RFC1, Asset Backed Pass Through Certificates By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 5379 PUBLISH: October 8, 15, 22, 29, 2009 (08- 16942) (307) 333 1008B 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 11 insertions, the first publication having been made on the A.D., 20 09 and the last publication on the c day of A.D., 20 09 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. Subscribed in my presence and sv, •orn to day of Michael ensen, Publisher $:0)086 STATE OF WYOMING ss. County of Lincoln 1 \J Certificate of Sale Miller 08 -16942 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 000087 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 $3,259.85 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 1,195.00 Postage 106.40 Photocopies 28.25 Statutory Notice Fee 130.00 Record AOM 8.00 Postage Record AOM 16.50 Publication Cost 483.00 Overnight Sale Packet 16.50 Publication Cost 469.20 FTP Update 100.00 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 $3,259.85 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 AF IAN YETH NAU HT. State of Wyoming County of Natrona This instrument was acknowledged before me on g 9 day of )3CJ01 l- 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) Title (and Rank) My commission expires:al- 5, Zol j COSPkg Certificate of Sale Miller 08 -16942 Page 7 of 7 NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA 01 2013 anette Bal':F�'"ci e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379