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HomeMy WebLinkAbout9508206010918146 STATE OF WYOMING 2 SS w M oo COUNTY OF LINCOLN oa 2 >c Shane Johnson of lawful age, being first duly sworn C0 a upon his oath, states and certifies as follows: "a E E a) Y 1. That he is the duly elected and acting Sheriff in and for a 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 January 10, 2007, executed and delivered by Stephanie Marie Lomeli Mariani and David Lomeli to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. and (b) that certain mortgage dated January 10, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 25, 2007, at Reception No. 926327 in Book 647 at Page 187 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: COSPkg CERTIFICATE OF SALE LOT 12 OF TRAIL CREEK SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED APRIL 3, 2002, INSTRUMENT NO. 880072 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 196F. with an address of 92 Ashley 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: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders, CWALT, Inc., Alternative Loan Trust 2007 -0A7 Assignment dated: October 14, 2009 Assignment recorded: October 19, 2009 Assignment recording information: at Reception No. 950088 in Book 734 at Page 131 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, The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders, CWALT, Inc., Alternative Loan Trust 2007 -0A7 "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. RECEIVED 12/1/2009 at 10:29 AM RECEIVING 950820 BOOK: 737 PAGE: 174 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Lomeli Mariani 09 -14793 Page 1 of 7 COSPkg cosi 195 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 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 479,250.00 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders, CWALT, Inc., Alternative Loan Trust 2007 0A7 "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 $2,821.80 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. Certificate of Sale Lomeli Mariani 09 -14793 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 1 day of December 2009. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Witness my hand and official seal. Ark A I Jenny Clarke Notary Public County of State of Lincoln "t'' VVyoming My Commission Exp res"1 "aa ,9(/ 1I By: SS Title: ACKNOWLEDGMENT Shane Johnson Print Name: Cliff Boy Deputy Sheriff Sheriff in and for Lincoln County, State of Wyoming The foregoing instrument was subscribed in my presence and acknowledged before me by ci l f Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 1 day of Decembers 2009. Certificate of Sale Lomeli Mariani 09 -14793 Page 3 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 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 January 10, 2007 (the "Mortgage and recorded on January 25, 2007, at Reception No. 926327 in Book 647 at Page 187 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 Stephanie Marie Lomeli Mariani and David Lomeli ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders, CWALT, Inc., Alternative Loan Trust 2007 -0A7 Assignment dated: October 14, 2009 Assignment recorded: October 19, 2009 Assignment recording information: at Reception No. 950088 in Book 734 at Page 131 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: 71786575345000303066 CERTIFIED MAIL NO. FSN: 71786575345000307927 Stephanie Marie Lomeli Mariani 92 Ashley Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000303127 CERTIFIED MAIL NO. FSN: 71786575345000307941 David Lomeli 92 Ashley Drive Alpine, WY 83128 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS ti' 0177 CERTIFIED MAIL NO. NOI: 71786575345000303073 CERTIFIED MAIL NO. FSN: 71786575345000307934 Stephanie Marie Lomeli Mariani 30 Kuhei Puu St Kihei, HI 96753 -7157 CERTIFIED MAIL NO. NOI: 71786575345000303134 CERTIFIED MAIL NO. FSN: 71786575345000307958 David Lomeli 30 Kuli Puu St Kihei, HI 96753 -7157 Certificate of Sale Lomeli Mariani 09 -14793 Page 4 of 7 CERTIFIED MAIL NO. N01: 70091680000238573830 CERTIFIED MAIL NO. FSN: 70091680000238573984 The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Bye Certificateholders, CWALT, Inc., Alternative Loan Trust 2007 -0A7 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71786575345000303097 CERTIFIED MAIL NO. FSN: 71786575345000307972 Stephanie Marie Lomeli Mariani P.O. Box 3872 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000303110 CERTIFIED MAIL NO. FSN: 71786575345000307996 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 CERTIFIED MAIL NO. FSN: 71786575345000308047 Stephanie Marie Lomeli Mariani 57 Iliwai Loop Kihei, HI 96753 CERTIFIED MAIL NO. NOI: 71786575345000303127 Countrywide Bank 450 American Street Simi Valley, Ca 93065 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 22, 2009 and the date of the first publication of the notice of foreclosure sale was November 5, 2009. State of Wyoming County of Natrona This instrument was acknowledged before me on 2 day of Nic rube r'; 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) A i C. Title (and Rank) My commission expires: 0( 2 61 3 i COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY RUBt.IC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M onv fission E .s Oct OS, 2013 CERTIFIED MAIL NO. NOI: 71786575345000303080 CERTIFIED MAIL NO. FSN: 71786575345000307965 Occupant 92 Ashley Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000303103 CERTIFIED MAIL NO. FSN: 71786575345000308030 David Lomeli P.O. Box 3872 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000303127 CERTIFIED MAIL NO. FSN: 71786575345000308009 Countrywide Bank, N.A. 1199 North Fairfax St., Ste. 500 Alexandria, VA 22314 CERTIFIED MAIL NO. FSN: 71786575345000308054 David Lomeli 57 Iliwai Loop Kihei, HI 96753 Danette 13:, ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Lomeli- Mariani 09 -14793 Page 5 of 7 k.FFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- ed under the terms of a promissory note (the "N'ote dated January Cecuted •thld,delrver d t by4,Stephanie MMarie Lomeli Marian ii omeh MortgagorO ")°tofMoi�tgage onicRegistration �rems�, Inc as nominee or Countrywide�Bank, N.A., and a real estate r,�rtgage (the "Mortgage of the same date securing the Note, which 4ortgage was?executed'and delivered;• by saidMortgagor(s),to.said Mort Agee, and which Mortgage was recordeddon January 25, 2007 at Re- pfion No. 926327 in Book 647 at Page 187 in ecord of the office he County Clerk and ex- officio Register of 'ds r a.n for Lincoln unty State of,W yoming; ands; W mortgage was assigned for value as follows Assignee: The Bank of New York Mellon FKA The Bank of New k as Trustee for the Benefit of the Certificateholders, CWALT, Inc., eruptive Loan Trust 2007 -0A7 Assignment dated: October 14, 2009 Assignment recorded: 'October 19, 2009 Assignment recording information: at Reception No. 950088 in Book 7.34 at Page 131 An in the records of the °County Clerk andrex- officio Register: of Deeds in and for incoln'Connty,, Wyoming W HEREAS the Mortgage contains ,power of sale which by reason of said default, the Mortgagee declares to have become operative,,. and nc suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or 4 any partthereof nor has any such suit orproceeding been instituted and the same" discontinued; and WHEREAS wntten notice of intent to 'foreclose theMortgage by advertrsernept and? safe has v edd"upon the record owner and the party in 'possession of, the mortgaged Premises atleast ten (10) days to the commencement �of„ ;t is ,pu ltaation t�e,a noun due upon the Mortgage ()tithe da of st'publication of t`hisinotiee of sale being the total ,,sum of $472,782 which sum consists of the unpaid' principal balanceot $452,69624• plus' interest; accrued to the date of the first pub licatron,of th2s once rn. ar ountof ,$20,086 61, ,plus attorneys' fees, sts exp 400 00 i t h and late charges after the date of t,publicatro i s WHEREAS, The property being foreclosed, upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective'purchaseryshould research the status of title before sub- mitting a bid; NOW, THEREFORE The Bank of New York Mellon FKA The Bank of Newyork as Trustee for,the,Benefit of the Certrficateholders, CWALT, Inc., Alternative LoanTrust 2007 -OA7; asttheMortgagee, will have the Mortgage foreelosed as by law provided br causing the mortgaged prop- erty to be soldtat ;public ∎venue by the Sher ff-or Deputy Sheriff in and for :Lincoln' Count Wyoming tothe highestbidder far cash at 10 :00 o'clock in the forenoon on December 1,2009 "at the front door of the Lincoln County Co'thouse,Iocated at 925 Sage Avenue, Kemmerer,,;WY, Lin coln County, for;application on the above described antounts'securedby the Mortgage, said mortgaged property being described as follows, to- wlt: LOT 12 OF TRAIL CREEK SUBDIVISION, LINCOLN COUNTY, W Y OMINGf ,ACCORDING To THAT PLAT FILED APRIL 3, 2002, INSTRUMENT" `1. NO 880072 IN TIE' OFFICE OF THE LINCOLN COUNTY CLERKAS PLAT NO. .1 96)3' Y 83128: with an add' ss of 92 Ashley Driv Alp ne, W Together with all,iaiprovementstthereon situate and all fixtures and appurtenances thereto. ROSEMARY CAPELLEN NOTARY PUBLIC State of Wyoming My Commission Expires May 5, 2012 County of Lincoln The Bank of New York Melloh I ,A, Th e 13 ank of New York as Trustee for the Benefit: of the ,Certifi ateho1dor's,NCWALT, Inc., Alternative Loan Trust 2007-OA7 By: Danette Baldacci gold Stawjarskegal Services, LLC 330 S lush Drive, Ste '202 Casper, WY 82609 -0000 (307) 333 5379 (09.14793) 1105A PUBLISH: November •5, EXHIBIT B PUBLISHER'S AFFIDAVIT 5 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 A.D., 20 C)9 and the last publication on the 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 this 5 day of .D., 20 09 Certificate of Sale Lomeli Mariani 09 -14793 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 $2,821.80 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Title Resolution Fee Record AOM Publication Cost Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY 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 IANYETH NAUG T. t p, 1 :011 anette Balfr i Castle, Meinhold, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 SS Total $2,821.80 This instrument was acknowledged before me on Zy day of /0(,)•/Q 1 1/1 LC 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NO I�1IRV PuALIC AMBER D. HODGES STATE OF WYOMING COUhrY OF NATRONA Comrmss,o,, Ex tires Oct 05. 2013 (Signature of notrial officer) /00 y }J Title (and Rank) My commission expires: 0 zo) 3 600.00 1,342.00 143.00 125.00 8.00 496.80 50.00 26.00 11.00 10.00 10.00 §;.:00180 Certificate of Sale Lomeli Mariani 09 -14793 Page 7 of 7