HomeMy WebLinkAbout9508216010817374
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STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
(IM'9,81
c Shane Johnson of lawful age, being first duly sworn
Q
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 20, 2007, executed and delivered by Debbie
K. Nelson to Mortgage Electronic Registration Systems, Inc., as nominee for New
Line Mortgage and (b) that certain mortgage dated July 20, 2007 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on July 27, 2007, at
Reception No. 931666 in Book 667 at Page 179 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 PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1,
TOWNSHIP 32 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN
COUNTY, WYOMING, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST SECTION LINE OF SAID SECTION 1,
AT A POINT WHICH IS SOUTH, A DISTANCE OF 1422 FEET,
FROM THE EAST QUARTER CORNER OF SECTION 1; AND
RUNNING THENCE SOUTH ALONG SAID SECTION LINE 175
FEET; THENCE WEST 249 FEET; THENCE NORTH 175 FEET;
THENCE EAST 249 FEET TO THE POINT OF BEGINNING
with an address of 89211 US Highway 89, Grover, WY 83122
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Mortgage Electronic Registration
Systems, Inc. as nominee for New Line Mortgage "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 1, 2009 issue of said
newspaper and ending with the October 22, 2009 issue thereof and again once a
week for five (5) consecutive weeks, commencing with the October 29, 2009
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RECEIVED 12/1/2009 at 10:37 AM
RECEIVING 950821
BOOK: 737 PAGE: 181
JEANNE WAGNER
LINCOLN COUNTY CI KEMMERER, WY
Certificate of Sale
Nelson 08 -24070
Page 1 of 8
00182
issue of said newspaper and ending with the November 25, 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
$143,678.91 "Bid Sum which was bid and offered by Mortgage Electronic
Registration Systems, Inc. as nominee for New Line Mortgage "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 $4,423.90 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.
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DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of nerember 2009.
Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
Title:
ff Boyd
Deputy Sheriff
Certificate of Sale
Nelson 08 -24070
Page 2 of 8
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by ci i ff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 1 day of
December 2009.
My Commission Expires:
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Jenny Clarke Note
County of
Lincoln
My Commission Expire
s- arty- e► -�dc?-
Witness my hand and official seal.
ACKNOWLEDGMENT 000183
SS
Certificate of Sale
Nelson 08 -24070
Page 3 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 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
20, 2007 (the "Mortgage and recorded on July 27, 2007, at Reception No.
931666 in Book 667 at Page 179 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 Debbie K. Nelson "Mortgagor(s) the named mortgagor(s), and
Mortgage Electronic Registration Systems, Inc., as nominee for New Line
Mortgage is the named mortgagee; 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
CERTIFIED MAIL
CERTIFIED MAIL
CERTIFIED MAIL
CERTIFIED MAIL
CERTIFIED MAIL
CERTIFIED MAIL
Debbie K. Nelson
89211 US Highway
Grover, WY 83122
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
NO. N01: 71786575345000194282
NO. FSN: 71786575345000196736
NO. FSN2: 71786575345000227959
NO. FSN3: 71786575345000256133
NO. FSN4:71786575345000280749
NO. NOPP:71786575345000302465
AMN NOPP: 71786575345000303448
89
CERTIFIED MAIL NO. NOI: 71786575345000194305
CERTIFIED MAIL NO. FSN: 71786575345000196750
CERTIFIED MAIL NO. FSN2: 71786575345000227973
CERTIFIED MAIL NO. FSN3: 71786575345000256157
CERTIFIED MAIL NO. FSN4: 71786575345000280763
CERTIFIED MAIL NO. NOPP:71786575345000302489
CERTIFIED MAIL AMN NOPP: 71786575345000303462
Debbie K. Nelson
PO Box 12
Saint Charles, ID 83272
CERTIFIED MAIL NO. NOI: 70083230000075862504
CERTIFIED MAIL NO. FSN: 70083230000075864768
CERTIFIED MAIL NO. FSN2:70082810000023106424
CERTIFIED MAIL NO. FSN3:70091410000070134728
CERTIFIED MAIL NO. FSN4: 70091410000064584119
CERTIFIED MAIL NO. NOPP:70091680000238574233
CERTIFIED MAIL AMN NOPP: 71786575345000303486
Mortgage Electronic Registration Systems, Inc. as nominee for
New Line Mortgage
601 5th Avenue, P. O. Box 1706
Scottsbluff, NE 69363 -1706
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EXHIBIT A
SS
00 0184
CERTIFIED MAIL NO. NOI: 71786575345000194299
CERTIFIED MAIL NO. FSN: 71786575345000196743
CERTIFIED MAIL NO. FSN2: 71786575345000227966
CERTIFIED MAIL NO. FSN3: 71786575345000256140
CERTIFIED MAIL NO. FSN4: 71786575345000280756
CERTIFIED MAIL NO. NOPP:71786575345000302472
CERTIFIED MAIL AMN NOPP: 71786575345000303455
Occupant
89211 US Highway 89
Grover, WY 83122 -8800
CERTIFIED MAIL NO. NOI: 71786575345000194312
CERTIFIED MAIL NO. FSN: 71786575345000196767
CERTIFIED MAIL NO. FSN2: 71786575345000227980
CERTIFIED MAIL NO. FSN3: 71786575345000256164
CERTIFIED MAIL NO. FSN4: 71786575345000280770
CERTIFIED MAIL NO. NOPP:71786575345000302496
CERTIFIED MAIL AMN NOPP: 71786575345000303479
Debbie K. Nelson
498 North 1st West
Saint Charles, ID 83272
Certificate of Sale
Nelson 08 -24070
Page 4 of 8
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 10, 2009 and the date of the first publication of the notice
of foreclosure sale was October 29, 2009.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
7yday of x )augynbG. 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
My commission expires: 0 f 20
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NO ARY PUBLIC
AMBER O. MODGES
STATE OF INTONING
COUNTY OF NATRONA
M omnisl ion E Oct OS 3013
000185
By: Danette BaI•acci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rank)
Certificate of Sale
Nelson 08 -24070
Page5of8
k.FFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SAL1E NOTICE 4
WHEREAS, default in ";the payment of principal and interest has oc-
curred under the terms of a' promissory,note'(the "Note dated July 20,
2007, executed and delivered by Debbie K. Nelson "Mortgagor(s) to
;Mortgage! Electronic Registration Systems, Inc., as nominee for New Line
Mortgage, 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 Mortgagee, and which Mortgage was recorded on
July 27, 2007, at Reception No. 931666 in Book 667 at Page 179 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 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 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
?partyinpossession 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 $136,202.62'' which sum consists of the unpaid principal
balance of $123,399.57 ,plus interest accrued to the date of the first pub
lication of this notice in' the amount of $9,746.93, plus late charges in the
amount'of $191.91, plus, an escrow advance in the amount of $2,490.80,
plus other outstanding charges in the amount of $373.41, plus attorneys'
fees, costs expended; and accruing interest and late charges after the date
of first publication of this'noticeof 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 Mortgage Electronic Registration Systems, Inc.
as nominee for New Line Mortgage, as the Mortgagee, will have the
Mortgage foreclosed as bylaw provided by causing' the mortgaged prop-
;erty 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 October 27, 2009 at the front door of the Lincoln
County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lin-
coln County, for application on the above described amounts secured by
the Mortgage, said Mortgaged property being described as follows, to-
wit:
A PARCEL OF LAND LOCATED WITHIN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1,
TOWNSHIP 32 NORTH„ RANGE 119 WEST„ 6TH P.M., LINCOLN
COUNTY, WYOMING, BEING MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS:
BEGINNING ON THE EAST SECTION LINE OF SAID SECTION
1. AT A POINT WHICH IS SOUTH, A DISTANCE OF 1422 FEET,
FROM THE EAST QUARTERCOIZNER<OF SECTION 1; AND RUN
NING, THENCE SOUTH ALONG SAID SECTION, LINE 175 FEET;
THENCE WEST 249 FEET; THENCE NORTH 175 FEET; THENCE
EAST 249 FEET TO THE POINT OF BEGINNING
with an address, of, 89211 US Highway 89, Grover, WY 83122.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
Mortgage Registration i Systems, stems, Inc. as nominee for
New Line Mortgage
By: Danette Baldacci
Castle, Meinhold Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
1001
Publish: October 1, 8, 15, 22, 2009 (08- 24070)
iQSEMARY CAPELLEN NOTARY PUBLIC
c unty Al 'e a i, iota of
Om*
Commission Expiras thy 5, 2012
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
000186
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
day of 1►
A.D., 20 pot and the last publication on
the day of
A.D., 20 y--j 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
37 on 18 day of
41 1 _1/ 20 Q
Certificate of Sale
Nelson 08 -24070
Page 6 of 8
kFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
TILE OF POSTPONEMENT OF
CLOSURE SALE,
EREAS, default in the payment of principal and interest has oc-
curred,under the terms of a promissory note (the "Note dated. July 20,
2007, executed and d'eliveredby Debbie K. Nelson "Mortgagor(s) to.
Mortgage Electronic Registration Systems, Inc as nominee for New Line
Mortgag'e:;( Mortgagee d'a; real estat'e'rm ortgage (the "Mortgage
of the Taame date securing the Note, which Mortgage was executed and
delivered by Mortgagor(s),`to'Mortgagee, and which Mortgage 'was re-
corded�in. the records the office of the County Clerk and ex- officio
Register of Deeds in and for Lincoln+County, State of Wyoming, on July
27, 2007, at Reception No. 931666 in Book 667 at Page 179;
WHEREAS, thetMortgage has been duly assigned for value by Mort-,
gagee as follows:
All in the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County,. Wyoming and
WHEREAS, written notice of intent to foreclose the Mortgage by ad-
vertisement and sale, pursuantto the terms of the Mortgage, has been served;'
upon the,,record and party the mortgaged premises''
at least ten (10) days to first publication of the notice of sale;
The property,covered by said Mortgage as follows:
A PARCEL. OF LAND,;, LOCATED WITHIN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1,'
TOWNSHIP 32 NORTH„'' RANGE 119 WEST, 6TH PM., LINCOLN
COUNTY, WYOMING, BEING' MORE PARTICULARLY DE
SCRIBED' AS FOLLOWS:
BEGINNING ON THEEASTSECTION LINE OF SAID SECTION
1, AT A POINT •WHICH `TS SOUTH, "A DISTANCE OF 1422 FEET,
FROM THE EAST QUARTER CORNER OF SECTION 1; AND RUN''
NING THENCE SOUTH ALONG SAID SECTION LINE 175 FEET;'
THEN, FEET „THENCE NORTH 175 FEET; THENCE'
EAST 24 O TH1'O T OF BEGINNING
with ighway 89, Grover, WY 83122..
WHE AS,,the g foreclosed upon may be subject to.
o Liens; an enc b rances t h, t will not sale.
A iy.prospectfive' pti1�c "a et sh •esearchsthe sstatus extingu of title shed before at the sub
mitting, a bid,,
NOTICE TS HERE GIV EN, purst{ant`to,Wyoming Statutes Sec-
tion 34-4 (Z013) y that the fo sale' +of the above Mortgage,,
scheduled.for,May 19 2009 at the front door'ofthe Lincoln County Court
house located =at.+925 +Sage'Avenue, Kemmerer;'WY, Lincoln County, State
of Wyoming, •has l }een postponed to 10 o'clock in the forenoon on
December 1;„ 2009 (at the front door Of the Lincoln County Courthouse
located at 925 Sa`g'e Avenue, Kemmerer, WY, Lincoln County, State of
Wyoming.
Mortgage Electronic Registration Systems, Inc. as nominee for
Registration ',,New' Line +Mortgage'
By: Danette Baldacci
Castle, Memhold Stawiarski Legal Services; LLC
330 S. Walsh Drive, Ste. 202
Casper WY` 82609` 0000
'3073335379'
8-24070) 1029D:;�
,PUBLISH: '‘Oct. "29,` Nov. 5 12, 1"
ROSEMARY CAPELLEN NOTARY PUBLIC
County of "kh`l'
State of
Lincoln Wyoming
My Commission Expires May 5, 7012
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
000187
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 ti insertions, the
first publication having been made on the
_21_ day of
A.D., 20 O`3 and the last publication on
the day of
A.D., 20 0`) 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 ensen, Publisher
Subscribed in my presence and sworn to
before me on the day of
Certificate of Sale
Nelson 08 -24070
Page 7 of 8
EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $4,423.90
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Postage
Photocopies
Statutory Notice Fee
Publication Cost
FTP Update x 5
Conduct Sale
Record Cert. of Sale
Record Assn. of Cert. of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
Publication Cost FSN2
Publication Cost FSN3
Publication Cost FSN4
Publication Cost NOPP
Total $4,423.90
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 YETH NAUGHT.
State of Wyoming
County of Natrona
This
21-/ day of iU
Meinhold and Stawiarski
My commission expires:
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M
NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex Yss Oct OS. 2013
SS
a nette B
C
(Signatur, of notarial officer)
A )0'16 rt/
Title (and Rank)
600.00
599.00
53.20
26.00
192.50
441.60
500.00
50.00
29.00
11.00
11.00
10.00
10.00
469.20
483.00
455.40
483.00
60+1.88
y
Castle, Meinhold, Stawiarski Legal Services, LLC
330 Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
instrument was acknowledged before me on
v �l� I n?? r 2009 by Danette Baldacci as attorney of Castle,
Legal Services, LLC.
Certificate of Sale
Nelson 08 -24070
Page 8 of 8