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HomeMy WebLinkAbout950819STATE OF WYOMING COUNTY OF LINCOLN S C_ 6 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 25, 2007, executed and delivered by Mikael C. Hymas and Emily Hymas to First Horizon Home Loan Corporation and (b) that certain mortgage dated May 25, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 30, 2007, at Reception No. 929836 in Book 659 at Page 808 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 mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: May 25, 2007 Assignment recorded: May 30, 2007 Assignment recording information: at Reception No. 929837 in Book 659 at Page 822 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 November 5, 2009 issue of COSPkg CERTIFICATE OF SALE SS Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 12/1/2009 at 10:23 AM RECEIVING 950819 BOOK: 737 PAGE: 167 JEANNE WAPNER LINCOLN COUNTY CLE.., .IMMERER, WY 006167 LOT 6 OF STAR VIEW ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER 4, 1981 AS INSTRUMENT NO. 568074 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 152 Hillview Drive, Auburn, WY 83111 Certificate of Sale Hymas 09 -25096 Page 1 of 7 606168 said newspaper and ending with the November 26, 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 December 1, 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 1 1 �e 5. 07 "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 $1,276.60 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 December 1, 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 1 day of ®jes v -�t �2 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: /44110 Print Name: i a A Title: f -efe-4-1 Certificate of Sale Hymas 09 -25096 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrumppt s ,ubscri ed in my presence and acknowledged before me by (J� f tp'} Deputy Sheriff of Lincoln County, State of Wyoming, this 1 day of er, 2009. My Commission Expires: COSPkg Witness my hand and offici Jenny Clarke Notary Public County of State of Lincoln My Commission Expire 0. was+ x ACKNOWLEDGMENT ing SS 00 169 Certificate of Sale Hymas 09 -25096 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 25, 2007 (the "Mortgage and recorded on May 30, 2007, at Reception No. 929836 in Book 659 at Page 808 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 Mikael C. Hymas and Emily Hymas "Mortgagor(s) the named mortgagor(s), and First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: May 25, 2007 Assignment recorded: May 30, 2007 Assignment recording information: at Reception No. 929837 in Book 659 at Page 822 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: 7178 6575 3450 0030 1895 CERTIFIED MAIL NO. FSN: 71786575345000308061 Mikael C. Hymas 152 Hillview Drive Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 7178 6575 3450 0030 1918 CERTIFIED MAIL NO. FSN: 71786575345000308085 Emily Hymas 152 Hillview Drive Auburn, WY 83111 COSPkg EXHIBIT A SS 01.'70 CERTIFIED MAIL NO. NOI: 7178 6575 3450 0030 1901 CERTIFIED MAIL NO. FSN: 71786575345000308078 Mikael C. Hymas P O Box 1768 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 7178 6575 3450 0030 1925 CERTIFIED MAIL NO. FSN: 71786575345000308092 Emily Hymas P O Box 1768 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 7178 6575 3450 0030 1932 CERTIFIED MAIL NO. NOI: 7178 6575 3450 0030 1949 CERTIFIED MAIL NO. FSN: 71786575345000308108 CERTIFIED MAIL NO. FSN: 71786575345000308115 Wyoming Community Development Authority Occupant P.O. Box 10100 152 Hillview Drive Casper, WY 82602 Auburn, WY 83111 Certificate of Sale Hymas 09 -25096 Page 4 of 7 00617i 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 21, 2009 and the date of the first publication of the notice of foreclosure sale was November 5, 2009. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. r :y: P anette Baf' ci astle, Meinhold, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 9'/ day of kx>ve,ri c r', 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) /-)c)-ft eLl Title (and Rank) My commission expires: -5 „Lc 13 M,nuc AMBER D. MOOGES s.'s'E OF WYOMING CuCN'' OF NATRONA Pyres Oct 05. 2013 Certificate of Sale Hymas 09 -25096 Page5of7 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 May 25, 2007, executed and :delirrered by. Mikael C Hymas and Emily Hymas "Mortgagor(s) to First Horizon Home Loan Corporation,, and a real estate mortgage (the Mortgage") of the same date securing the Note, whioh. ;wasnexecuted, and'delivered, said Mortgagor(s) to saidyMortgagee, and which Mortgage was recorded on May 30, 2007, at Reception No. 929836 in Book 659 at Page 808 in the records of the office of the Counfy.Clerk a4 e officio egister of Deeds in and for Lincoln County, o WHEASflie?p signee date ssignment recorded: may 30, "20i A ssignment recording information: at Reception No. 929837 in Book 659 at Page 822 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 suitor proceeding has' been instituted at Taw Ito recover the debt secured by the Mortgage, OT any part thereof, nor has any such suit or proceeding been instituted and the same dis continu e d; and WHEREAS wnften notice of; Intent 5 to forec the Mo rtgage by advertisement -and,. sale has been served upon. the record owner and the paartty in possession of the mortgaged p remises at least ten (10) days prior '6' the commencement of this publication, anththe amount due upon the Mortgage on the date of; first. pu this notice of s ale being the total -sum of $138,756.42 which sum consists of the unpaid principal balance of $134,226.61 plus interest accrued to the date of the first pub- lication of this notice in the amount' of $4,314.54, plus attorneys'; fees, costs expended,'and accruing interest andlate charges after the date of f rst;publication,of this notice of sale WHEREAS, The property bei'n'g foreclosed upon may be subje to h er liens and,encumbrances'that will not b extinguished' at the sale. y prospectivd purchaser' should researcl the status of title before sub- using a biid; NOW, THEREFORE Wyoming Community Development Authority, th Mortgagee, will ave th Motgage o r ec losed as by law provided causing'the mortgaged `property to b Vold at public venue by the riff or Deputy Sheriff in and for Lincoln County, Wyoming, to the best bidder for cash at, 10.00 o'clock in the forenoon on December 1, 9 at 'the front door o at n 4 eln County Courthouse located 925 Avenue Ke e olln County, for application-on, e ove described amo s a m., ,,th e,Mortgage, said mortg ged prpp- „being described as follq s to wi t IVISION, I TCOLN RECORDS OF THE LINCOLN COtJNTY h an.addre'ss ot11.52 T3illview Drive, Auburn, ogether with all "improvements thereon situate tenangeSthereto. Wyoming Community De Y��" ;5� l Stle, Meinhold Staw Pte: R OSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 EXHIBIT B et061.72 PUBLISHER'S AFFIDAVIT t o aacci ,1LLC te.e 09 -0000 ,3^3 5379 %'4'105 Kemmerer Wyoming 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 4 insertions, the first publication having been made on the 5 day of A.D., 20 09 and the last publication on the 5 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. Michael Jensen, Publisher Subscribed in my presence and sworn to before me on thi day of I1i: A. 20 09 (1 'L1 rage o 01 1 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Statutory Notice Fee Publication Cost Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona COSPkg 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 $1,276.60 as compensation for services actually rendered in the foreclosure proceeding. Total $1,276.60 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���AYETH NAUGHT. AA.' //.d anette Bal4-► Castle, Meinhold, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 650.00 78.00 441.60 50.00 26.00 11.00 10.00 10.00 This instrument was acknowledged before me on ,r4/ day of f2c' ►bcs 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. CCD (Signature of notarial officer) Title (and Rank) My commission expires:Oc (--5 zo)3 Certificate of Sale Hymas 09 -25096 Page 7 of 7