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HomeMy WebLinkAbout9507476010918458 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS Shane Johnson 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 May 12, 2006, executed and delivered by David C. Hopkins and Amber W. Hopkins to Argent Mortgage Company, LLC and (b) that certain mortgage dated May 12, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 15, 2006, at Reception No. 918366 in Book 620 at Page 57 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: A PORTION OF LAND LOCATED IN LOT 4 OF SECTION 3, TOWNSHIP 32 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID SECTION 3, SAID POINT BEING 101.55 FEET SOUTH 8958'46" EAST, FROM THE NORTHWEST CORNER OF SAID SECTION 3: THENCE RUNNING SOUTH 8958'46" EAST, ALONG SAID NORTH LINE, 354.90 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, THENCE SOUTH 009'19" EAST, ALONG THE EAST LINE OF SAID PARCEL 387.18 FEET; THENCE WEST 313.95 FEET; THENCE NORTH 165.58 FEET; THENCE WEST 42.00 FEET; THENCE NORTH 221.73 FEET TO THE POINT OF BEGINNING. with an address of 2987 Highway 237 Auburn, WY 83111 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: .•Ou711 Assignee: Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc. Asset Backed Pass Through Certificates, Series 2006 -M1, under the Pooling and Servicing Agreement dated June 1, 2006 Assignment dated: January 20, 2009 Assignment recorded: February 20, 2009 Assignment recording information: at Reception No. 945453 in Book 716 at Page 3 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 Argent Securities Inc. Asset Backed Pass Through RECEIVED 11/24/2009 at 11:19 AM RECEIVING 950747 BOOK: 736 PAGE: 711 JEANNE WAGNER LINCOLN COUNTY CLL_ .EMMERER, WY Certificate of Sale Hopkins 09 -23992 Page 1 of 7 C:06712 Certificates, Series 2006 -M1, under the Pooling and Servicing Agreement dated June 1, 2006 "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 29, 2009 issue of said newspaper and ending with the November 19, 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 24, 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 $172,000.00 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc. Asset Backed Pass Through Certificates, Series 2006 -M1, under the Pooling and Servicing Agreement dated June 1, 2006 "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 $2,024.20 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 24, 2009, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Hopkins 09 -23992 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 24 day of NovemhPr 2009. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: SAVANNA L. NAMES NOTARY PUBLIC COSPkg COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires 4 412.7/1( ACKNOWLEDGMENT SS Sheriff in and for Lincoln County, State of Wyoming Shane Johnson Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 24 day of NOvember 2009. Witness my hand and official seal. Notary Public Certificate of Sale Hopkins 09 -23992 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 May 12, 2006 (the "Mortgage and recorded on May 15, 2006, at Reception No. 918366 in Book 620 at Page 57 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 David C. Hopkins and Amber W. Hopkins "Mortgagor(s) the named mortgagor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for Argent Securities Inc. Asset Backed Pass Through Certificates, Series 2006 -M1, under the Pooling and Servicing Agreement dated June 1, 2006 Assignment dated: January 20, 2009 Assignment recorded: February 20, 2009 Assignment recording information: at Reception No. 945453 in Book 716 at Page 3 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: 71786575345000296931 CERTIFIED MAIL NO. FSN: 71786575345000302632 David C. Hopkins 2987 Highway 237 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000296955 CERTIFIED MAIL NO. FSN: 71786575345000302656 Amber W. Hopkins 2987 Highway 237 Auburn, WY 83111 COSPkg EXHIBIT A e0C9714 SS CERTIFIED MAIL NO. NOI: 71786575345000296948 CERTIFIED MAIL NO. FSN: 71786575345000302649 David C. Hopkins PO Box 42 Auburn, WY 83111-0042 CERTIFIED MAIL NO. NOI: 71786575345000296962 CERTIFIED MAIL NO. FSN: 71786575345000302663 Amber W. Hopkins PO Box 42 Aubum, WY 83111-0042 Certificate of Sale Hopkins 09 -23992 Page 4 of 7 CERTIFIED MAIL NO. NOI: 70091680000238573625 CERTIFIED MAIL NO. FSN: 70091680000238574103 Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Argent Securities Trust 2006 -M1, Asset Backed Pass Through Certificates, Series 2006 MI 4875 Belfort Road Suite 130 Jacksonville, FL 32256 CERTIFIED MAIL NO. NOI: 71786575345000296986 CERTIFIED MAIL NO. FSN: 71786575345000302687 1 Bank 314 Washington Street P.O. Box 1620 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 14, 2009 and the date of the first publication of the notice of foreclosure sale was October 29, 2009. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. NOI: 71786575345000296979 CERTIFIED MAIL NO. FSN: 71786575345000302670 Occupant 2987 Highway 237 Auburn, WY 83111 B anette Balda Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 9 day of ,m1c,C 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) ABU i ?ulO)iC Title (and Rank) My commission expires: O _zC)1 C:06715 Certificate of Sale Hopkins 09 -23992 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 May 12, 2006, executed an'd`delivered by David C. Hopkins, and Amber W. Hopkins (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 Mort gagee, and ,which Mortgage was •recorded ,`on May` 15, 2006, at °Recep- tion No,' 918366 in Book 620 at Page 57�inthe records of the office of the County Clerk °and ex oi icio Register of Deeds in'and.for Lincoln County, State, of'Wyoming,t and e G t� g County a for as follows: A b is heBattkNa o al r st of pany 4sTiusteeorAr gent Secur�heslnc Asset�l3aoed a s �irough. e rnf xgates, Series 2006 Ml; under the P.00lmg al d ng greementnd 1 2006 Assignment dated January 20�, 2009 Assignmment r.ecorc ed: February 20, 2009 Assi e n i g information al Reception No 945453 in Book 7 16 at Page 3 All in the records d the Co nd j unty Clerk a eat officio Re of Deeds in All n r Lincoln Cbunty,'WyominS. f'sale which by reason WHEREAS, the mortgage contains a power o of suit said default, the Mortgage, edeclares tohave become operative, and no or proceeding' has been institu at r la` recover debt secured by; the Mortgage, or any Part' theieof, ted norhas w any to such suit the orproceeding been instituted and. the same discontinued; and WI REAS,' written`notice..o forec t Mortgag e by advertisement, and s has been, 'served up the record owner and the p arty in pi ssesslon of` the'mo"rtgagedpremises'atleast ten,(10) days prior to the. commencement of this publication and the; amount;due upon the Mortgage on'the date of first;pubncatton:of this notice pf salebeing the total sum. of $170 which sum cons sts of t unpaid principal bal- ance of $156,7.72,51, plus interest,accruedto the date of t s' c osts tion of;this notice in the amount of $13,730.13 plus attorneys' fees, costs expeaxd`e l and accruing interest a nd l `charges after the date of first publication ofs notice of s ale; WH Th pr operty being foreclosed upon may be subject to other liens and, encumbrances�tltatwil1 not ,he extinguished at the sale. Any' prospective purchaser should research the status of title before sub mitting' a bid r NOW,, THEREFORE Deutsche Bank National Trust' Company, as Trustee for Argent Securities Inc Asset Backed "Pass- T,hrough,.Certifi cates, Series 2006 M1, under the Pooling Servicing Agreement dated ee y✓rt ave a o forecl ?se ddas y b Tune t 2006„ sa tbe,�o�tgag d? r.�rtg law provided by ,or f cau esing uty th She emortgaged ,property to be sold at public,,venue by the She riff Dpri "in nd for Lincoln Wyomutg to the highest bidderfor cash of 10 :00 o'clock in the f orenoon';on November 24, 20 atthe front door gf the Lincoln�County Ideated at 925 Sage AVenue i Kemmerer, ry Lincoln County for, application on the' above ties ed an omits sedated by,� a Mortgage, said mortgaged property being described a ows, s oll to 1tx no Towrishr 321Yorth cate onion o f l o d in of p fie, 119 est, O tt e nth P.M., Lin coin }Cout}tybrWyo g �being`more o u l arl y d eserabed r asfollows 5 d Section 3 Beginning 'at a pointin the North line of sai said point being,10155 feet South $9' East, from the Northwest corner o said` "Section .,3 58'46" :i the running South 89 .East, along said North line, 35490 feet to the Northeast,corner o f s a id parcel, thence South 0 09' 19' Eaat, along the,' ast�line of said parcel 387.18 feet- thence West 313:`95 feet;,:tt e nee North ;165.58 feet; thence West 42.00 feet; thence North'221.73 feet to the point of beginning. e was assigned WHERE S, tkie mo ssi nee eu c ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Uncoln Wyoming My Commission Expires May 5, 2012 with an address of 2987 Highway 237; Auburn, WY 83111. Together with tit iinpr'oVen eats thereon situate and All fixtures and appurtenances thereto. Deutsche Bank Natiot al Trust Company, as Trustee for. Argent Securities Inc. Asset-Backed Pass- Through; Certificate,, Series 2006 Ml, under the Servicing Agreement dated June 1 2006 rB.y::Danette Baldacci l e Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 •'(307) 333 5379 19, 2009 k09 1029F PUBLISH: Oct. 29, Nov. 5,,1` EXHIBIT B PUBLISHER'S AFFIDAVIT the 1 day of bef me on e0-0716 .6 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 L( insertions, the first publication having been made on the day of A.D., 20 Oct and the last publication on A.D., 20 Q that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said rfotice was publishe(sl in the newspaper proper, and not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to day of A.D., 20 09' Certificate of Sale Hopkins 09 -23992 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Record Assn of Cert of Sale 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 $2,024.20 as compensation for services actually rendered in the foreclosure proceeding. Total $2,024.20 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 AFFIANT.SAYETH NAUGHT. State of Wyoming County of Natrona COSPkg My commission expires:0�. 5/ 2C i3 ig anette Bal':�ci 600.00 677.00 91.00 538.20 50.00 26.00 11.00 10.00 10.00 11.00 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 Ajnvc,nkr 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Title (and Rank) (Signature of notarial officer) �c%,� ✓y au 1011 C 1 06717 Certificate of Sale Hopkins 09 -23992 Page 7 of 7