HomeMy WebLinkAbout9510846010917884
CERTIFICATE OF SALE
00G253
STATE OF WYOMING
-z SS
c COUNTY OF LINCOLN
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E M. Shane Johnson of lawful age, being first duly sworn
E
Y upon his oath, states and certifies as follows:
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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 October 23, 2006, executed and delivered by Mitzi
L. Harrison to Mortgage Electronic Registration Systems, Inc., as nominee for
First Horizon Home Loan Corporation and (b) that certain mortgage dated
October 23, 2006 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on November 1, 2006, at Reception No. 923993 in Book 639 at Page
30 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:
That part of the Northwest Quarter of the Southwest Quarter of
Section 18, Township 31 North, Range 118 West of the 6 P.M.,
Lincoln County, Wyoming, being part of that tract of record in the
Office of the Clerk of Lincoln County in Book 265 of Photostatic
Records on Page 469, described as follows:Beginning at the
Northwest corner of said Northwest Quarter of the Southwest
Quarter found as described in the Corner Record filed in said office;
thence South 89 °57'24" East, 742.69 feet, along the North line of
said Northwest Quarter of the Southwest Quarter, to the Northeast
point of said tract; thence South 00 °19'56" West, 445.38 feet along
the East line of said tract, to a point; thence North 89 °50'35" West,
742.78 feet, parallel with the South line of said Northwest Quarter
of the Southwest Quarter, to a spike on the West line of said
Northwest Quarter of the Southwest Quarter; thence North
00 °20'40" East, 443.91 feet, along said West line, to the Corner of
Beginning
with an address of 2738 Highway 241, Afton, WY 83110
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: First Horizon Home Loans a division of First Tennessee Bank National
Association
Assignment dated: May 13, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950356 in Book 735 at Page
134
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.
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RECEIVED 12/15/2009 at 11:16 AM
RECEIVING 951084
BOOK: 738 PAGE: 253
JEANNE WAGNER
LINCOLN COUNTY CLERIC, __._..UIERER, WY
Certificate of Sale
Harrison 09 -08413
Page 1 of 7
4. That the power of sale contained in the Mortc541
been made operative by reason of such default, First Horizon Home Loans a
division of First Tennessee Bank National Association "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 19, 2009 issue of
said newspaper and ending with the December 10, 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 15, 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
$131,000.00 "Bid Sum which was bid and offered by First Horizon Home
Loans a division of First Tennessee Bank National Association "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 $1,992.00 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 15, 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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Certificate of Sale
Harrison 09 -08413
Page 2 of 7
0255
DATED at Kemmerer, Lincoln County, State of Wyoming, this
15 day of December 2009.
STATE OF
COUNTY OF
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WYOMING
LINCOLN
My Commission Expires:
12 -0
Sheriff in and for Lincoln County, State
of Wyoming
ACKNOWLEDGMENT
SS
Witness my hand and official se
M. Shane Johnson
Title: Deputy SHeriff
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff BOyd
Deputy Sheriff of Lincoln County, State of Wyoming, this
December 2009.
Jenny ClarkF Notary Public
C ounty of g_ State of
Lincoln ^y Wyoming
My C ommission E xii 4 g' ..q I I
1 5 day of
Certificate of Sale
Harrison 09 -08413
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
€'Orli►256
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
October 23, 2006 (the "Mortgage and recorded on November 1, 2006, at
Reception No. 923993 in Book 639 at Page 30 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 Mitzi L. Harrison "Mortgagor(s) the named mortgagor(s),
and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon
Home Loan Corporation is the named mortgagee, which Mortgage was assigned
for value as follows:
Assignee: First Horizon Home Loans a division of First Tennessee Bank National
Association
Assignment dated: May 13, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950356 in Book 735 at Page
134
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: 71786575345000314659
CERTIFIED MAIL NO. FSN: 71786575345000317414
Mitzi L. Harrison
2738 Highway 241
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000314673
CERTIFIED MAIL NO. FSN: 70091680000238619019
First Horizon Horne Loans a division of First Tennessee Bank
National
4000 Horizon Way Suite 100
Irving, TX 75063
CERTIFIED MAIL NO. NOI: 71786575345000314697
CERTIFIED MAIL NO. FSN: 71786575345000317445
Mitzi L. Harrison
1304 Huckleberry Court
Tracy, CA 95377
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CERTIFIED MAIL NO. NOI:
CERTIFIED MAIL NO. FSN:
Mitzi L. Harrison
29750 S Chrisman Rd
Tracy, CA 95304
CERTIFIED MAIL NO. NOI:
CERTIFIED MAIL NO. FSN:
Occupant
2738 Highway 241
Afton, WY 83110
71786575345000314666
71786575345000317421
71786575345000314680
71786575345000317438
CERTIFIED MAIL NO. NOI: 71786575345000319975
CERTIFIED MAIL NO. FSN:
Mitzi L. Harrison
1700 Duncan Drive
Tracy, CA 95375 -2208
Certificate of Sale
Harrison 09 -08413
Page 4 of 7
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3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 6, 2009 and the date of the first publication of the
notice of foreclosure sale was November 19, 2009.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
(c) day of (12. r 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of notarial officer)
1)) R
Title (and Rank)
My commission expires: Oct' `5 )3
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Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Certificate of Sale
Harrison 09 -08413
Page 5 of 7
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALENOTICE
WHEREAS, default in the, payment of 'principal and interest,has oc
curred under the terms of a promissory note (the "Note dated October
23, 2006, executed and delivered by Mttzi.L Harrison ortgagor(s)"
to Mortgage Electronic Registration Syste s Inc.,, as nominee for First
Horizon Home Loan Corporation, and a real estate mortgage (the "Mort-
gage of the same date securingthe Note, which Mortgage was executed
and delivered °by said Mortgagor(s), to said Mortgagee, and which Mort-
gage was recorded on November; 1, 2006, at Reception No. 923993 in
Book 639 at Page 30 in the records of the office of the County Clerk and
ex- officio Register of Deeds in and for Lincoln County, State of Wyo-
ming; and
WHEREAS, the mortgage was assigned for value as follows:
Assignee: First Horizon Home Loans a division of First Tennessee
Bank National Association
Assignment dated: May 13, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950356 in Book
735 at Page 134
All in the records of the County 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 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'serv6d upon, the record owner and the
party in possession 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 $159,806.96 which sum consists of the unpaid principal
balance of $143,508.73 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $16,298.23, 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 sub-
mitting a bid;
NOW, THEREFORE First Horizon Home Loans a division of First.
Tennessee Bank National Association, as the Mortgagee, will have the
Mortgage foreclosed as by law 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 December 15, 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 propery being described as follows, to-
wit:
That part of the Northwest Quarter of the Southwest Quarter of Sec-
tion 18, Township 31 North, Range 118 West of the 6th P.M., Lincoln
County, Wyoming, being part of that tract of record in the Office of the
Clerk of Lincoln County in Book 265 of Photostatic Records on Page
469, described as follows:
ROSEMARY CAPELLEN NOTARY PUBLIC
County d State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Beginning at the Northwest corner of said Northwest Quarter of the
Southwest Quarter found as described in the Corner Record filed in said
office; ^thence South 89 °57'24" East, 742.69 feet, along the North line of
said Northwest Quarter of the Southwest Quarter, to the Northeast point
of said tract; thence South 00°19'56" West, 445.38 feet along the East
line of said tract, to a point; thence North 89 °50'35" West, 742.78 feet,
,parallel with the South line of said Northwest. Quarter of the Southwest
Quarter, to a spike on the West line of said. Northwest Quarter of the
Southwest Quarter; thence North 00 °20'40" East, 443.91 feet, along said
West line, to the Corner of Beginning
with an address of 2738 Highway 241, Afton, WY 83110.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
First Horizon Home Loans a division of First Tennessee Bank
National Association
By: Danette Baldacci
Castle, Meinhold Stawiarski
Legal Services,LLC
330 S. Walsh Drive, Ste. 202
Casper. WY 82609 -0000
EXHIBIT B
PUBLISHER'S AFFIDAVIT
10:258
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
l o-tkaittb-ch)
A.D., 20 Oct and the last publication on
the day of
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 Tensen, Publisher
Subscribed in my presence and sworn to
day of
before me on this It 0 day of
A.D., 20 Oq
Certificate of Sale
Harrison 09 -08413
Page 6 of 7
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 $1,992.00
as compensation for services actually rendered in the foreclosure proceeding.
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
Total $1,992.00
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 ETH NAUG T.
ILI
State of Wyoming
County of Natrona
EXHIBIT C
AFFIDAVIT OF ATTORNEY
This instrument was acknowledged before me on
/Oday of y y),Lcz. 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
Title (and Rank)
My commission expires:e 3
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NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
Commission E 'res Oct 06. 2013
SS
(Signat re of n tarial officer)
(O +C`,r� f ∎k 0 i L
600.00
644.00
78.00
11.00
552.00
50.00
26.00
11.00
10.00
10.00
0259
anette Bal
stle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Certificate of Sale
Harrison 09 -08413
Page 7 of 7