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HomeMy WebLinkAbout9509296010918497 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS X 00642 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 August 1, 2006, executed and delivered by Matthew Aaron White and Gabriel White to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company and (b) that certain mortgage dated August 1, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 2, 2006, at Reception No. 920877 in Book 628 at Page 622 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: BEING A PART OF LOT 2 OF BLOCK 27 OF THE TOWN OF AFTON IN SAID LINCOLN COUNTY; COMMENCING SIX (6) RODS EAST TO THE NORTHWEST CORNER OF LOT 2 IN BLOCK 27 OF THE AFTON TOWNSITE SURVEY AND RUNNING THENCE EAST FOUR (4) RODS, THENCE SOUTH EIGHT (8) RODS; THENCE WEST FOUR (4) RODS; THENCE NORTH EIGHT (8) RODS TO THE PLACE OF BEGINNING 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, Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC "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 12, 2009 issue of said newspaper and ending with the December 3, 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 COSPkg with an address of 214 East 5th Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 12/8/2009 at 10:59 AM RECEIVING 950929 BOOK: 737 PAGE: 642 JEANNE WAGNER LINCOLN COUNTY CLEF AMERER, WY Certificate of Sale White 09 -25249 Page 1 of 7 s� u643 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` ofite 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 °spedified in said notice of foreclosure sale, to -wit: On December 8, 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 $120,000.00 "Bid Sum which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC "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 $1,878.80 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 8, 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 8 day of December 2009. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: Shane Johnson (A-ff e9 Deputy Sheriff Certificate of Sale White 09 -25249 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrume t was subscribed in my presence and acknowledged before me by L-\ W( Deputy Sheriff of Lincoln County, State of Wyoming, this 8 day of December 2009. My Commission Expires: COSPkg Witness my hand and official seal. si Notary Public SAVANNA L. HAWKES= NOTARY PUBLIC K ACKNOWLEDGMENT STATE OF WYOMING COUNTY OF LINCOLN Gs My Commission Expires SS Ou644 Certificate of Sale White 09 -25249 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRI'T'TEN NOTICE OF INTENT TO FORECLOSE'MORTOAGE `'O 645 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 August 1, 2006 (the "Mortgage and recorded on August 2, 2006, at Reception No. 920877 in Book 628 at Page 622 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 Matthew Aaron White and Gabriel White "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company is the named mortgagee. 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: 71786575345000306098 CERTIFIED MAIL NO. FSN: 71786575345000313409 Matthew Aaron White 214 East 5th Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000306111 CERTIFIED MAIL NO. FSN: 71786575345000313423 Gabriel White 214 East 5th Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70091680000238621098 CERTIFIED MAIL NO. FSN: 70090820000019101183 Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC 4828 Loop Central Drive Houston, TX 77081 COSPkg SS CERTIFIED MAILNO. NOI: 71786575345000306104 CERTIFIED MAIL NO. FSN: 71786575345000313416 Matthew Aaron White PO Box 83 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000306128 CERTIFIED MAIL NO. FSN: 71786575345000313430 Gabriel White PO Box 83 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000306135 CERTIFIED MAIL NO. FSN: 71786575345000313447 Occupant 214 East 5th Avenue Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 27, 2009 and the date of the first publication of the notice of foreclosure sale was November 12, 2009. Certificate of Sale White 09 -25249 Page 4 of 7 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on j day 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) /L(c) ry Ptbl 1'C Title (and Rank) My commission expires3( �j zo anette Bal dacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 6: 6 4 6 Certificate of Sale White 09 -25249 Page 5 of 7 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 apomissory note ,(the "Note dated August 1, 2(10,6; executed and deliveredby Matthew Aaron White and Gabriel White "Mortgagor(s)" 'to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, and a real estate mort- gage., (the' :of the same date securing the Note, which Mort- gage Was and delivered by said- ,Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded on August 2, 2006, at Recep- tion No. 920877 in Book 628 at Page 622 in the records of the office of She 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, andmo suit or proceeding has been instituted at law o"r'ecover 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 bf intent to foreclose the Mortgage by advertisedtent,and sale has beenserved•upon the record owner and the party in:possessep4 thlei'n btitgagedpremises 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, $155,895.56 which sum consists of the unpaid principal balance of 148,957 86 plus interest accrued to the date of the first pub lication of this notice in the amount of $6,937.70, plus attorneys' fees, costs, expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE Mortgage Electronic Registration Systems, Inc.. as nominee for Decision One Mortgage Company, LLC, as the Mort- gaged, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County Wyoming to the highest bidder for cash atti10:00 o'clock in the forenoon on Decemberr8, ,2009 atthefront doer of the Lincoln County Courthouse located;at25SaAvenue, Kemmerer, WY, Lincoln County,;fori applicati9ii cu i tht a ,ue described amounts secured by the Mortgage, said.mort aged r$petjr being de scribed, as follows, to -wit: BEING A PART OF LOT 2 OF` AFTON IN SAID LINCOLN CO EAST TO THE NORTHWEST CO THE AFTON:TOWNSITE SURVEY' FOUR (4) RODS, THENCE SOUTH Z FOUR (4) RODS; THENCE (8) RODS TO THE PLACE OF BEGINNING with an address of 214 East 5th Avenue, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Mortgage Electronic Registration Systems, Inc:,` as nominee for Decision One Mortgage Company, LLC By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S,, Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Nov. 12, 19, 25, Dec. 3, 2009 (09- 25249) 1112 ROSEMARY CAPEIIEN NOTARY PUBLIC County of Lincoln State of Wyoming M Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLiS iER S AFFID AVIT the 3. day of b ore me on fuNtUr 00. 647 STATE OF WYOMING ss. County of Lincoln L. 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 i n said newspaper for -4 insertions, the first publication having been made on the day of A.D., 20 D'$ and the last publication on A.D., 20 O 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 supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to a this S day of A.D., 20 a') Certificate of Sale White 09 -25249 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Cost 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 $1,878.80 as compensation for services actually rendered in the foreclosure proceeding. Total $1,878.80 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 AFF T S' YETH NAU HT. This instrument was acknowledged before me on 3 day ofQ.cEmbey 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) /On PLA bI I C Title (and Rank) My commission expires:Ocd 5 z� 13 Danette Bal cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 655.00 78.00 427.80 50.00 26.00 11.00 11.00 10.00 10.00 C�648 Certificate of Sale White 09 -25249 Page 7 of 7