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HomeMy WebLinkAbout9508216010817374 E c v. I-- w C I°C m d 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 COSPkg 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. COSPkg 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: COSPkg 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 COSPkg 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 COSPkg 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 COSPkg 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 COSPkg 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: COSPkg 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