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HomeMy WebLinkAbout9507496010918229 CERTIFICATE OF SALE STATE OF WYOMING SS 000725 COUNTY OF LINCOLN 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 July 5, 2007, executed and delivered by Anne Whitehurst to Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage and (b) that certain mortgage dated July 5, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 12, 2007, at Reception No. 931224 in Book 665 at Page 544 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 EIGHT (8) OF SALT RIVER COVE DIVISION NUMBER ONE (1), LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NUMBER 367 -D FILED JUNE 4, 2004 AS INSTRUMENT NO. 899873 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 268 Willow Lake Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment dated: August 10, 2009 Assignment recorded: August 14, 2009 Assignment recording information: at Reception No. 948921 in Book 729 at Page 848 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, Flagstar Bank, FSB "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 COSPkg RECEIVED 11/24/2009 at 11:28 AM RECEIVING 950749 BOOK: 736 PAGE: 725 JEANNE WAGNER LINCOLN COUNTY CL `<EMMERER, WY Certificate of Sale Whitehurst 09 -17800 Page 1 of 8 000726 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 and again 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 $675,000.00 "Bid Sum which was bid and offered by Flagstar Bank, FSB "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 $3,605.50 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 24 day of November 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: i i if f BOyd Print Name: Shane Johnson Title: Deputy Sheriff Certificate of Sale Whitehurst 09 -17800 Page 2 of 8 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 24 day of NOvemb 2009. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA I. HAWICES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Ezp� f 1 ACKNOWLEDGMENT SS Notary Public 000 727 Certificate of Sale Whitehurst 09 -17800 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 0007 28 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 5, 2007 (the "Mortgage and recorded on July 12, 2007, at Reception No. 931224 in Book 665 at Page 544 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 Anne Whitehurst "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment dated: August 10, 2009 Assignment recorded: August 14, 2009 Assignment recording information: at Reception No. 948921 in Book 729 at Page 848 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. N01: 71786575345000275677 CERTIFIED MAIL NO. FSN: 71786575345000280787 CERTIFIED MAIL NO.NOPP: 71786575345000302311 Anne Whitehurst 268 Willow Lake Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000275691 CERTIFIED MAIL NO. FSN: 71786575345000280800 CERTIFIED MAIL NO.NOPP: 71786575345000302335 Flagstar Bank, FSB 1610 East St. Andrews Street Santa Ana, CA 92705 CERTIFIED MAIL NO. NOI: 71786575345000275714 CERTIFIED MAIL NO. FSN: 71786575345000280824 CERTIFIED MAIL NO.NOPP: 71786575345000302359 Anne Whitehurst 123 Greys River Road Alpine, WY 83128 COSPkg CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Anne Whitehurst 710 Jefferson Ave Los Banos, CA 93635 CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO. Occupant 268 Willow Lake Drive Alpine, WY 83128 N01: 71786575345000275684 FSN: 71786575345000280794 NOPP: 71786575345000302328 N01: 71786575345000275707 FSN: 71786575345000280817 NOPP: 71786575345000302342 CERTIFIED MAIL NO. N01: 70091410000070137866 CERTIFIED MAIL NO. FSN: 7009141064584126 CERTIFIED MAIL NO.NOPP: 70091680000238574219 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 Certificate of Sale Whitehurst 09 -17800 Page 4 of 8 CERTIFIED MAIL NO. NOI: 71786575345000275721 CERTIFIED MAIL NO. FSN: 71786575345000280831 CERTIFIED MAIL NO.NOPP: 71786575345000302366 Flagstar Bank, FSB 5151 Corporate Drive Troy, MI 48098 -2639 CERTIFIED MAIL NO. NOI: 71786575345000277671 CERTIFIED MAIL NO. FSN: 71786575345000280855 CERTIFIED MAIL NO.NOPP: 71786575345000302380 Anne Marie Whitehurst 710 Jefferson Ave Los Banos, CA 93635 CERTIFIED MAIL NO. NOPP:70091680000238574226 Salt River Cove Property Owners Association P.O. Box 3762 Alpine, WY 83128 State of Wyoming County of Natrona My commission expires: CSC 1- COSPkg FURTHER AFFIANT SAYETH NAUGHT. 006729 CERTIFIED MAIL NO. NOI: 71786575345000277664 CERTIFIED MAIL NO. FSN: 71786575345000280848 CERTIFIED MAIL NO.NOPP: 71786575345000302373 Anne Marie Whiterst 268 Willow Lake Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000277688 CERTIFIED MAIL NO. FSN: 71786575345000280862 CERTIFIED MAIL NO.NOPP: 71786575345000302397 Anne Marie Whitehurst 123 Greys River Road Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 16, 2009 and the date of the first publication of the notice of foreclosure sale was October 1, 2009. anette Bal 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 /C w/ OrOCQ v' 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. C Q (Signature of notarial officer) ,c/o /crry Vp11L Title (and Rank) ZO Certificate of Sale Whitehurst 09 -17800 Page 5 of 8 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming S URE SALE NOTICE WOE of dlt m the payment of principal and interest has oc iuredtinder e t nns o a lfr dttrissory note (the "Note dated July 5, 007, executed and delivered by?;Anne Whitehurst "Mortgagor(s)) to. iortgag'' Electronic sRegist ation Systems, Inc., as nominee for Ibmegu t4 ortgage,Uandt a real estate mortgage (the "Mortgage of e sane be a g ote, which Mortgage was executed and de- iyered "4sat 4. gag©: s), to said Mortgagee, arid which Mortgage vas'reeortled o July,12,2007., at Reception No. 931224 in Book 665 at 'age $44:° 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: Flagstar Bank, FSB Assignment dated: August 10, 2009 Assignment rec6rded: August 14, 2009 Assignment recording information: at Reception No. 948921 in Book 129 at Page 848 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln Countyy, Wyoming. WHEREAS, the Mortgagenontains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceedingfhaskbeen•instituted et law.to recover the debt secured by the Mortgage, or atiY 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 ppssession of the mortgaged premises at least ten (10) days prior to the CO n ncement'of this pub'lica‘on, and the amo Mortgage,on the daterof first publinationl s noti o sale being the totals ich sttm consists e iunpa d principal balance(`pf, $67 ,000 00 1us ir► Brest accrued'to the date `of the first pub- licationo "t1us not in lie a(tittttn'of a 96,,plus attorneys' fees costs j elndF d',�a d�accruing xdterest agnd,iate�charges after the -date of icatton o E Flagstar Bank, FSB a rovide` 1, P dot public venue by thei yomin to the &hi h pn Oct •`bar 7 2( otuse locat fatl z 25 S cation on a"bov� y gagedtprope einhold, first o this notice of sale �t�S, he, property being' foreclosed upon May be subject to ng othe�a sand nc�lnll rances that wil'1 not4be'�extiiui shed at the sale. Any ctive purchaser shou ese rch the status o f tit before sub mitt N( the M prope and fo o'cloc Lincol Linco by th, to -w L FICI ME CLE W] To app Pub15 ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln�" Wyoming Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT ortgagee, will have r g the mortgaged zorryf eputy Sheriff in er for cash at 10:00 *front door of the enue, "Kemmerer, WY, e" amounts secured cribed as follows, NNUMBER ONE Q ED ON�THE OF- I4 AS INSTRU- OLN COUNTY rune WY 83128. tuate and all fixtures and igstar Bank, FSB anette Baldacci 41 Services, LLC sh' Drive, Ste. 202 WY 82609 -0000 (307) 333 5379 1001A I C Ou'?30 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 having been made on the day of A.D., 20 O and the last publication on the A day of 6 ci 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 notice was published in the newspaper proper, and not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to me on day of .,201 x Certificate of Sale Whitehurst 09 -17800 Page 6 of 8 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEMENT OF FORECLOSURE SALE WHEREAS, default in the payment of principal and interest has oc curred under the terms of a promissory note (the "Note dated July'5. 2007, executed'and delivered by;; Anne Wl "Mortgagor(s) to Mortgage Elect�ottic Registration Systems, Inc., as nominee for Homequest Mortgage ("Mortgagee"), and a real estate mortgage (the `Mortgage of the sate date securing the Note, which Mortgage was executed and delivered'by "Mortgagor(s), taMortgagee, and which Mort- gage was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for,Lincoln' County, State of Wyo- ming, on July1 "2, 2007, at Reception No. 931224 in Book 665 at Page WHEREAS, the Mortgage has been duly assigned for value 'by Mort- gagee as follows: Assignee: Flagstar Bank, FSB Assignment? dated: August 10, 2009 Assignment recorded: August 14, "2009 Assignment recording information: at Reception No. 948921 in Book 729 at page 848 All in the records'of the County Clerk and ex- officio Register of Deeds in and for `Lincoln County, Wyoming; an WHEREAS; written notice of intent', to foreclose the Mortgage by advertisement sale, pursuant to the te ms of the Mortgage, has been served;; upon' the record. owner and party in possession of the mortgaged premises at least ten (10) 'days priofto first publication of` the notice of sale; The property covered by said' Mortgage is described as follows: LOT EIGHT (8) OF SALT RIVER COVE DIVISION NUMBER ONE (1), LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OF, FILIAL PLAT NUMBER 367 -D FILED JUNE 4, 2004 AS INSTRU- MENT NO. 899873 OF THE RECORDS OF THE LINCOLN COUNTY CLERK •with an address of 268, Willow Lake'Drive, Alpine, WY 133128` r WHEREAS, the property being foreclosed upon may be subject4o other liens and encumbrances that will notbe ektinguished at the sale: Any prospective purchaser should research the status of title before sut17 mining bid;' f �i NOTICE; 1S HEREBY GIVEN, pursuant to Wyoming Statutes Sec- tion 34 (2003) that the foreclosure>saleof the above Mortgage,.. scheduled, for October 27, 2009'at the front door of the Lincoln Country, Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County State of Wyorn rmgi has. been,postponed.to,10 :0Q ^o'clock, in the foreno t on.November',24 200 9 at the front door the Lincoln County Court houselocated at 925` Sage Avenue,- Kemmerer, WY, Lincoln County, Stage ofWyoming.'." Flagstar Bank, FSB By: Danette Baldac i Castle, Meinhold, Stawiarski Legal Services, LL 330 S. Walsh'Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 PUBLISH: Oct. 29, Nov. 5, 12, 19,' 2009 (-17800) 1029C ROSEMARY CAPELLEN NOTARY PUBLIC County of ,ri^' State of Lincoln Wyoming My Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 000'31. the day of 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 '1 insertions, the first publication having been made on the 4 day of A.D., 20 09 and the last publication on A.D., 20 n 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. MichaerJensen, Publisher Subscribed in my presence and sworn to bef. e m on this G9 day of A.D., 200.E Certificate of Sale Whitehurst 09 -17800 Page 7 of 8 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 $3,605.50 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Publication Cost NOPP FTP Update Total $3,605.50 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 AFFI N .SAYETH NAUG»T. State of Wyoming County of Natrona This instrument was acknowledged before me on (7 day of A r 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) 16/7 t Title (and Rank) My commission expires: co_ 5 2,6 COSPkg EXHIBIT C 00u732 AFFIDAVIT OF ATTORNEY N+ RY AMBER D DGES STAT WYOMING TY OF NATRONA F KOres Oct 05. 2013 SS Danette Bald Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 1,758.00 201.50 8.00 441.60 50.00 29.00 11.00 10.00 10.00 386.40 100.00 AMIIIR 0. !.opus STATE OF WYOMING COUNTY OF NATRONA ommtswon Wires Oct OS, 2013 Certificate of Sale Whitehurst 09 -17800 Page 8 of 8