HomeMy WebLinkAbout9509306010918449
CEIRTIPfCATEOF Sr ,LE'
STATE OF WYOMING
COUNTY OF L
CO G49
Shane Johnson of lawful age, being first duly sworn
upon his oath, states and'ce follows
That he as the duly el'ecte'd and aOtsng Sheriff in and for
Lincoln County, 'State of Wyornirig,'and makec``thts 'Certificate of Sale in his
capacity as such.
2. That a default has occurred under the terms of (a) that
certain promissory note dated November 29, 2006, executed and delivered by
Clint D. Isaacson to Mortgage Electronic Registration Systems, Inc., as nominee
for N.ovastar Mortgage, Inc. and (b) that certain mortgage dated November 29,
2006 (the "Mortgage securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
December 1, 2006, at Reception No. 924987 in Book 641 at Page 855 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:
LOT 44, OF PALIS.,PARK SUBDIVISION...LINCOLN COUNTY,
1VVYQMING••AS DESCRIBED ON ME OFFICIAL PLAT FILED ON
MARCH 2, 1966 AS INSTRUMENT NO. 389848 OF THE
RECORDS OF, ThiE LINCOLN CO,t N.1Y CLERK
,r
with an address of 191 West Mill Circle, Alpine, WY 83128
Together with all improvements thereon, situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage
Funding Trust, Series 2006 -6
Assignment dated: October 16, 2009
Assignment recorded: October 21, 2009
Assignment recording information: at Reception No. 950122 in Book 734 at Page 309
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, Deutsche Bank National Trust
Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2006 -6
"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
COSPkg Certificate of Sale
RECEIVED 12/8/2009 at 11:04 AM Isaacson 09 -23903
RECEIVING 950930 Page 1 of 7
BOOK: 737 PAGE: 649
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
€;10
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
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 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
$187,281.25 "Bid Sum which was bid and offered by Deutsche Bank
National Trust Company, as Trustee for NovaStar Mortgage Funding Trust,
Series 2006 -6 "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 $1,987.20 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
Title:
Shane Johnson
Deputy Sheriff
Certificate of Sale
Isaacson 09 -23903
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
COSPkg
SAVANNA I. HAWKS NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN Y WYOMING
My Commission Expires
ACKNOWLEDGMENT
SS
Witness my hand and official seal.
g' JI it 1 11■
Noe" Public
kd 651
The foregoing instrum nt was subscribed in my presence and
acknowledged before me by
Deputy Sheriff of 'Lincoln County, State of oming, this 8
Deceniber 2009::
day of
Certificate of Sale
Isaacson 09-23903
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
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
November 29, 2006 (the "Mortgage and recorded on December 1, 2006, at
Reception No. 924987 in Book 641 at Page 855 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 Clint D. Isaacson "Mortgagor(s) the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Novastar Mortgage, Inc. is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: Deutsche Bank National Trust Company, as Trustee for NovaStar
Mortgage Funding Trust, Series 2006 -6
Assignment dated: October 16, 2009
Assignment recorded: October 21, 2009
Assignment recording information: at Reception No. 950122 in Book 734 at Page
309
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: 71786575345000304346
CERTIFIED MAIL NO. FSN: 71786575345000313454
Clint D. Isaacson
191 West MiII Circle
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 70091680000238620619
CERTIFIED MAIL NO. FSN: 70090820000019101190
Deutsche Bank National Trust Company, as Trustee for NovaStar
Mortgage Funding Trust, Series 2006 -6
c/o Fidelity National FC Solutions, 1270 Northland Drive, #200
Mendota Heights, MN 55120
CERTIFIED MAIL NO. NOI: 71786575345000304377
CERTIFIED MAIL NO. FSN: 71786575345000313485
Clint D. Isaacson
PO Box 13017
Jackson, WY 83002
COSPkg
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Clint D. Isaacson
PO Box 3964
Alpine, WY 83128
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Occupant
191 West Mill Circle
Alpine, WY 83128
N01: 71786575345000304353
FSN: 71786575345000313461
N01: 71786575345000304360
FSN: 71786575345000313478
CERTIFIED MAIL NO. NOI: 71786575345000304384
CERTIFIED MAIL NO. FSN: 71786575345000313492
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501
Certificate of Sale
Isaacson 09 -23903
Page 4 of 7
State of Wyoming
County of Natrona
COSPkg
CERTIFIED MA1'.'.■(1 NOI: 71786575345000304391,
CERTIFIED MAIL NO. FSN: 71786575345000313508.:
NovaStar Mortgage, hc:
2650 Decker Lake'Blvd., 2n Floor
Salt Lake City, UT 0119
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 26, 2009 and the date of the first publication of the
notice of foreclosure sale was November 12, 2009.
f2F� -l�l� AFFlANNT
My commission expireso (.4- 5 7«
This instrument was acknowledged before me on
3 day of c_OGrc ah 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
anette Ba'f"' -ci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
A/0 Pakl ►c
Title (and Rank)
Certificate of Sale
Isaacson 09 -23903
Page 5 of 7
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICL'
WHEREAS, default in thepay �ent.of principal and interesthas;oc
bet:, 29, 2006,' executed' a'nd deliv d carted under the t erms of ;a p note (tire "Note date Novem
"li D. I saacson
a ey os
ote, s hick Mortga e was
t o saint Mo and
doh
stee'
ROSEMARY CAPELLEN NOTARY PUBUC
County a1 `'u;. State 01
Lincoln ry J. Wyoming
My Commission Expires May 5, 2012
PUBLISH: Nov. 12, 19, 25, 3,2009;'(0
PUBLISHER'S AFFIDAVIT
othe County
County State
Yalu as
or
0.,950122 in Book
Register<of
e which by reason,
e operative, and no';
er the,debt secured
.suit or p rocee
nor
nelupon the
c4) eingthe'
,sun; Ncoi sistts -oo f the aid principal
-:-g y
balan fi ce of $4 `15 plu s'interest accrued to t$ e the fir pu-
lication of this 4n 6.1 m the a ount o cc f $7,455 78, at torneys' st fees b,
cos e accruing interest an lat charges afters the date of
firs p of ith r r ei
is:nbnce pat: sa
WHEREAS T' ip opety bng forecl osed t uupon may be- subject, to
other liens and encumbrances .t 't t w t he e xf ngusshed.;at the sale.
Any prospective
i
NO THE REFORE Deut E a Nat .Trust Company, as
.,stew or g ggag- f ee s 2906 as'
Mortgagee, will have the Mortgage ores' ose l by law provided by
causing the mortgaged property -to besold 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 December 8, 2009 at
the front door of the Lincoln Co, o C ourth ouse located at 925 Sage
Avenue, Kemmerer,, WY, Lincol c or application on the above-
described'aniounts Secured by tHeey said mortgaged propert y
being described,as follows, to -wit g +0 COLN COUNTY
'LOT 44,12 PAL PARK SUED e
W OM1NG` e SDF R`IB THE 0 PLAT FILED ON
MARCH2 d 8 '848 OF THE RECORDS
OF �THE LINO "0I COUNTY C LERK
�witlj an address`o 191 �.r tP a evAlpine, WY' 83128.
ether with 'all improYeme
app lE enances,thereto.
ereon situate and all fixtures and
e 1 3 N ati o na l T rust Company, as Trustee for NovaStar
Mortgage Funding Trust, Series 2006 -6
anet Baldacci C' 'stl h d &r Stawsarsk
\4 eg `vices,'LLC:
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
i�) (307) 336`;'5
1112
EXHIBIT B
000654
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
1 day of Di) tiyl_ J))
A.D., 20 0 and the last publication on
the day of e.(' ,e .vo u)
A.D., 20 CO that said nolice was
published in a regular and entire issue of
the paper(s) in which it was published; and
that said riotice was published in the
newspaper proper, and not in a
supplement.
Michae ensen, Publisher
Subscribed in my presence and sworn to
eore me on this day of
A.D., 20
Certificate of Sale
Isaacson 09 -23903
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
COSPkg
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice 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
This
day of `rx
Meinhold and Stawiarski
My commission expires:
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
600.00
712.00
91.00
8.00
469.20
50.00
26.00
11.00
10.00
10.00
Total $1,987.20
NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
M Commission Ex. res Oct 05. 2013
Title (and R ank
GO�,G55
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 $1,987.20
as compensation for services actually rendered in the foreclosure proceeding.
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�-ANT NAUGHT.
anette B- •.cci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
instrument was acknowledged before me on
.r- 2009 by Danette Baldacci as attorney of Castle,
Legal Services, LLC.
(Signature of notarial officer)
A)0 bl
Certificate of Sale
Isaacson 09 -23903
Page 7 of 7