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Home My WebLink About950931STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 111, upon his oath, states and certifies as follows: with an address of 963 Stump Creek Road Auburn, WY 83111 RECEIVED 12/8/2009 at 11:12 AM RECEIVING 950931 BOOK: 737 PAGE: 656 JEANNE WAGNER LINCOLN COUNTY CLERK, ERER, WY C }0u656 of lawful age, being first duly sworn 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 March 2, 2007, executed and delivered by Kristen Draney and Buckley Draney to First Horizon Home Loan Corporation and (b) that certain mortgage dated March 2, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 8, 2007, at Reception No. 927481 in Book 650 at Page 846 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 PORTION OF THE SE1 /4SW1/4 OF SECTION 34, T33N, R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET NORTH 0 °19'10" EAST, ALONG THE EAST LINE OF SAID SE1 /4SW1/4, 502.66 FEET FROM A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SE1 /4SW1/4; THENCE RUNNING NORTH 89 °40'50" WEST, 14.00 FEET TO AN IRON PIPE SET NEAR AN EAST -WEST FENCE LINE MARKING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING NORTH 89 °40'50" WEST, 367.16 FEET TO AN IRON PIPE FOUND NEAR A FENCE CORNER POST IN THE SOUTHWESTERLY FENCE LINE OF A ROAD; THENCE NORTH 38 °23'01" EAST, ALONG LAST SAID FENCE LINE, 177.92 FEET; THENCE SOUTH 89 °40'50" EAST 257.47 FEET; THENCE SOUTH 0 °19'10" WEST, 140.08 FEET TO THE TRUE POINT OF BEGINNING Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: March 2, 2007 Assignment recorded: March 8, 2007 Assignment recording information: at Reception No. 927482 in Book 650 at Page 856 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. Certificate of Sale Draney 09 -22913 Page 1 of 7 4: That the power of sale`' contained in the Mortgage having been made' Operative by reason of such default, Wyoming Community Development Authority "Mortgagee elected to 'foreclose the same and at the request and direction of Mortgagee 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 "(1'0) 'days prior td 'dOmniencement of the first publication of the foreclosure sale" notice, as shown by the` affidavit attached hereto as Exhibit A and by this reference a part hereof: COSPkg 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 22, 2009 issue of said newspaper and ending with the November 12, 2009 issue thereof and again once a' week for two (2). consecutive weeks, connrnencing with the November 25, 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 sure bid for said real property was the sum of $163,560.18 "Bid Sum"), Which was bid and offered by Wyoming Community Development Authority "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 $1,362.40 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. Certificate of Sale Draney 09 -22913 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this day of O e re y .4. e v 2009. (ANA Sheriff in and for Lincoln County, State of Wyoming STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: SAVANNA L. HAWKES NOTARY PUBLIC COSPkg C OUNTY OF LINCOLN ,commission Expires STATE OF WYOMING ACKNOWLEDGMENT SS Title: 0 S Lpxt c 1 The foregoing instrument was subscribed in my presence and acknowledged before me by 'c CC Deputy Sheriff of Lincoln County, State of W coming, this day of cpec 2009. Witness my hand and official seal. AACASLL Notary Public Certificate of Sale Draney 09 -22913 Page3of7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE. OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS €'0u659 Danette BallacCi of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law 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 March 2, 2007 (the "Mortgage and recorded on March 8, 2007, at Reception No. 927481 in Book 650 at Page 846 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 Kristen Draney and Buckley Draney "Mortgagor(s) the named mortgagor(s), and First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: March 2, 2007 Assignment recorded: March 8, 2007 Assignment recording information: at Reception No. 927482 in Book 650 at Page 856 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: 71786575345000289254 CERTIFIED MAIL NO. FSN: 71786575345000297921 CERTIFIED MAIL NO. NOPP: 71786575345000320612 Kristen Draney 963 Stump Creek Road Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000289278 CERTIFIED MAIL NO. FSN: 71786575345000297952 CERTIFIED MAIL NO. NOPP: 71786575345000320636 Buckley Draney 963 Stump Creek Road Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000289292 CERTIFIED MAIL NO. NOI: 71786575345000289308 CERTIFIED MAIL NO. FSN: 71786575345000297969 CERTIFIED MAIL NO. FSN: 71786575345000297976 CERTIFIED MAIL NO. NOPP: 71786575345000320650 CERTIFIED MAIL NO. NOPP: 71786575345000320667 Wyoming Community Development Authority Occupant P.O. Box 10100 963 Stump Creek Road Casper, WY 82602 Auburn, WY 83111 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000289261 CERTIFIED MAIL NO. FSN: 71786575345000297938 CERTIFIED MAIL NO. NOPP: 71786575345000320629 Kristen Draney P.O. Box 111 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000289285 CERTIFIED MAIL NO. FSN: 71786575345000297945 CERTIFIED MAIL NO. NOPP: 71786575345000320643 Buckley Draney P.O. Box 111 Auburn, WY 83111 Certificate of Sale Draney 09 -22913 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 6, 2009 and the date of the first publication of the notice of foreclosure sale was October 22, 2009. State of Wyoming County of Natrona My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on ri day of 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servic: LLC. (Signat of notarial officer) 01 Acct Tud tic_ Title (and Rank) 3 -I. 0 5 RYP .0 LYNN 14EUf3ERGER 1�Y STATE OF WYOMING COUNTY OF NATRONA Commissi +n Ex ires Feb 13 2010 anette :12acci C- e, Meinho e, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Draney 09 -22913 Page 5 of 7 AFFIDAVIT OF PUBLICATION' Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALENOTICE WHEREAS, default in tte pment of principal and interest has oc- cunred under the terms of apfomtssory note (the "Note") dated March 2, 2007, executed and delivered by Kristen!Draney,. +and Buckley Draney "Mortgagor(s) to First Horizon Home Loan Corporation,' 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 March 8, 2007, at Reception No. 927481 in Book 65 ,at Page 8 ill the records of the office of, the County Clerk and ex- officio; Register of .reeds in and for Lincoln County, State of Wyoming; and WHEREAS, the mortgage was assigned for value as follows: Assignee: Wyoming Community Development, Authority Assignment dated: March 2, 2007 Assignment recorded: March 8, 2007. Assignment recording information: at Reception`No. 927482 in Book 650 at Page 856 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to, have become operative, and no suit or proceeding has been instituted at law to recover the debt and by the Mortgage, or any, part thereof, nor has any such suit or proceeding been instituted and t;: l e diseontmued„and s WHEREAS, w ritten rfbtice of intent' to foreclose the, Mort gage by advertisement and. sale I as been served upon i the.'record owner and the part in possession of the mortgag p remises, at least ten (10) days p'rior to the commencement o f th publication,' and amount due upon the Mortgage on the date of first publication this notice of sale being the total sum of $159,250.97 which sum consists of the unpaid principal balance of $153,552,89 plus interest accrued to the date of the first pub- ii cation of this notice�in.the amount of $5,698.08, plus attorneys' fees, costs expen d ed,.and accruing, interest and late charges after WH the date of first of this noti of sale EREAS, The property being foreclosed upon m be subject to other liens and encumbrances that will not be extinguis at the sale. Any, prospective purchaser,' should researc h the, status of title before. sub mitting a bid; NOW, THEREFORE Wyomi.ng Community DevelopmentAuthoritY, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged; property towba ,sold at p venue by the Sheriff or Deputy S err f to and for Lincoln Coun Wyose ming to the h7 th fore he e front do at 10 :0 the o i L clock, in the' forenoon on November 17, 12009, at thor of, Lincoln County,' Courthou located. at 925, Sage, Avenue, Kemmerer, WY, Lincoln County, for application 6n the above described amounts. secured by the Mortgage, said mort gaged' property being described as follows, .to -wit: A PORTION OF THE SEI /4SW1 /4 OF SECTION 34, T3-3N, RI 19W OF THE 6TH P.M LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPB,.SET NORTH SOUTHEAST 0 °19'10 ".EAST, COR ALONG BRASS THE CAP EAST MONUMENT LINE OF SAID SE /4SW TII 1/4, 502.66 FEET FROM NlER OF SAID .SEI /4SW1 /4; •MAR KING ROSEMARY CAPELLEN NOTARY PUBLIC County of wi; State of lincOM Wyoming My Commission Expires May 5, 7012 THENCE RUNNING NORTH 89 40'6Q" WEST, 14;00 FEET TO AN IRON PIPE SET NEAR AN EAST- WEST.FENCE LINE MARK- ING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING NORTH °40'50" WEST, 367.16 FEET TO AN IRON PIPE FOUND NEAR A FENCE CORNER POST IN. THE SOUTHWESTERLY FENCE LINE OF A ROAD; THENCE, NORTH 38 °23'01" EAST, ALONG ,LAST SAID FENCE LINE, 177.92 FEET; THENCE SOUTH 89 40'50 "EAST'25747 FEET; THENCE SOUTH 0 WEST, 146.08 FEET TO THE TRUE POINT OF BEGINNING with an address of 963 Stump Creek Road, Auburn, WY 83111. Together with all improvements thereon situate and alt fixtures and appurtenances thereto. Wyoming Community Development Authority By: Danette Baldacc Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 5379 PUBLISH: Oct.22, 29, Nov. 5, 12, 2009 (09- 22913) (307) 333 1022C EXHIBIT B- PUBLISH AFFIDAVIT 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 A.D., 20 (Y? and the last publication on 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. STATE OF WYOMING ss. County of Lincoln Michael Jensen, Publisher 001:,661. Subscribed in my presence and sworn to Certificate of Sale Draney 09 -22913 Page 6 of 7 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer. Wyoming yomi g gurferit dated igrlment recorded i unentreco 856 rs�� into est'has oc gaj COSPkg S r on ome :;h oa Corpotaf n ,,gage*,(the "Mortgage of tYre=sameadat gage"was "'executed aned by" 1:whictr Mortgage was record in the y?Clerk sand4ex ofi cio Register'of Deeds; te; of ':Wyofning, on 'Marc 8`, 2007, `'at` 650 at Page 846, s beentduly assigned for value by Mort- 4G3 unity Develop Authori 2007 ch 8, 2007 anon at Reception No. 927482 in Book ty Clerk and ex- officio Register of Deeds ,,pm g, and B AtS writte Id'notice‘ of intent to foreclose the Mortgage by Gadvettisement 4 sale, pursuant to the tents of the Mortgage, has been served d5upon the,recOr$.owner and party in possession of the mortgaged pr e mi ses at least ten (10) days prior tai first publication of the notice of sale; 1ortgageQis descriws: i/4 OF SECTION bed 34, as T33N R119W UNTY, WYOMING BEING MORE S'GFOLLOWS:' OE SET NORTH 0°19'10'' EAST, ;SE1 /4SWI /44%502:66'FEET FROM ARKING THE SOUTHEAST CDR- 89 s 40'50'' WEST, 14.00 FEET TO AST -WEST: FENCE LINE MARK- INNING OF THIS DESCRIPTION; °40'50" WEST, 367.16 FEET TO AN FENCE CORNER POST IN THE 'OF'A:ROAD; THENCE! NORTH S FENCE, LINE, 177.92 FEET; ST 257.47. FEET; THENCE, SOUTH THE TRUE POINT OF BEGINNING Creel Road,,Auburn, WY 83111. g foreclose upon `may be subject to }fit will`not be extinguished at the sale. drese"ar'cli" status of title before sub pursuant to Wyoming Statutes Sec ii. t oteclosure'sale of the above Mortgage, scheduled:fo bvemb I'17, 20 (199at the of the Lincoln County Gqurth6trse c sate l� 40,25, S age A"t,enu, Kemmerer, WY, Lincoln County, Stai of Wyot tg,rhas‘rb en postpone re WY to 1,0 0Q °in 'the forenoon on December "8. h 2009�iat°tl a (front door of the Lincoln CountysCourthouse' located at 925, Sage Avenue, IK.emmerer, WY, Lincoln County, State of Wyoming. Wyoming Community Deevelopment °Authority By: palette Baldacci wiarski Legal Services, LLC �30' S: 'Walsh Drive, Ste. 202 Casper, WY 82609-0000 307 333 5379 PUB Nov.; 25, 2009,,,Dec. 3, 2009(09. 22913);,:. 1125, ROSEMARY CAPELLEN NOTARY PUBLIC County of y State of Lincoln Wyoming My Commission Expires May 5, 2012 EXHIBIT B PUBLISHER'S AFFIDAVIT 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 A. insertions, the first publication having been matte on the day of A.D., 20 09 and the last publication on the day of etizint-Osi.) 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 O6 :v662 Subscribed in my presence and sworn to me on this 3 day of D., 20 O Certificate of Sale Draney 09 -22913 Page 7 of 7 STATE OF 'VVY.OMINO COUNTY OF NATRONA Attorney Fees (Foreclosure) Statutory N'dtice F Publication Cost Conduct Sale Record Cert'of Sale. Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona My commission expires: .t9- COSPkg EXI41$IT'C AFFIDAVIT OF ATTORNEY Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: u 1. That she is a resident attorney •adr.itted 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 a.re' the; attorneys representing the Mortgagee irn a procedure.to fore.close;a certain.,reat eVate,rnortgage. 2. That, Castle, Meinbold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees. totaling $1,362.40 as compensation for services actually rendered in the foreclosure proceeding. Total $1,362.40 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 AFFIA`, SAYET NAU ?HT. anette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 This instrument was acknowledged before me on day of 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Title (and Rank) P'U LI LYNN! KIELIBERGER STATE OF WYOMING .•,s COUNTY OF NATRONA Commission Ex i1es Feb 13 2010 650.00 78.00 524.40 50.00 29.00 11.00 10.00 10.00 (Signat,ri a of notarial officer) w0 663 Certificate of Sale Draney 09 -22913 Page 8 of 7