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HomeMy WebLinkAbout9510876010918342 i STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS I 0 260 M. ,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 June 19, 2007, executed and delivered by Dennis E. Hacklin to Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank and (b) that certain mortgage dated June 19, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 5, 2007, at Reception No. 930972 in Book 664 at Page 575 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: THE LOTS 13, 14, 15, AND 16 OF THE BLOCK B OF RIVERVIEW ADDITION TO THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN COUNTY, WYOMING. with an address of 220 3rd Avenue, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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 Rocky Mountain Bank "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 COSPkg RECEIVED 12/15/2009 at 11:51 AM RECEIVING 951087 BOOK: 738 PAGE: 260 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hacklin 09 -21075 Page 1 of 7 000261 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 $58,873.63 "Bid Sum which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank "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 $1,571.40 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 15, 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 15 day of December 2009. COSPkg M. Shane JOhnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: iff Boy ner„ry Sheriff Certificate of Sale Hacklin 09 -21075 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 15 day of December 2009. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. 1)1/1/L,L 0A-k--Q) Not Publir� ,Jenny Clarke Notary Public County c; State of Lincoln »l Wyoming My Commission pr Expires gje0 006262 Certificate of Sale Hacklin 09 -21075 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS e00263 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 June 19, 2007 (the "Mortgage and recorded on July 5, 2007, at Reception No. 930972 in Book 664 at Page 575 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 Dennis E. Hacklin "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank 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: 71786575345000313768 CERTIFIED MAIL NO. FSN: 71786575345000317452 Dennis E. Hacklin 220 3rd Avenue LaBarge, WY 83123 CERTIFIED MAIL NO. NOI: 71786575345000313775 CERTIFIED MAIL NO. FSN: 71786575345000317469 Dennis E. Hacklin PO Box 74 La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 70090820000019101244 CERTIFIED MAIL NO. NOI: 71786575345000313782 CERTIFIED MAIL NO. FSN: 70091680000238619026 CERTIFIED MAIL NO. FSN: 71786575345000317476 Mortgage Electronic Registration Systems, Inc., Occupant as nominee for Rocky Mountain Bank 220 3rd Avenue 601 5th Avenue, P. O. Box 1706 LaBarge, WY 83123 Scottsbluff, NE 69363 -1706 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 5, 2009 and the date of the first publication of the notice of foreclosure sale was November 19, 2009. COSPkg Certificate of Sale Hacklin 09 -21075 Page 4 of 7 State of Wyoming County of Natrona This instrument was acknowledged before me on j (day ofkgr(? 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: 00- s/ 2_013 COSPkg FURTHER AFFIANT SAYETH NAUGHT. RV PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission E •'rot Oct OS. 2013 OU.,264 By nette Bacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Rank). Certificate of Sale Hacklin 09 -21075 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- ciirred under the terms of a promissory note (the "Note dated June 19, 2067, executed and delivered by Dennis E. Hacklin Mortgagors)") to Mortgage `Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank, and a real estate mortgage•(the "Mortgage of the same date secnring the Note, which Mortgage was executed and delivered by said Mortgagors, to said Mortgagee, an&which Mortgage was recorded oh July 5 2007, at Reception No. 930972 in Book 664 at Page 575 in the ,records ofthe office of the County Clerik.andex- officio Register,of Deeds in. and for Lincoln County, State of Wyoming; and WHEREAS, the Mortgage contains a,power of sale whirl by' reason rof said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover thedebt�secured b`ythe Mortgage, or any part thereof, nor has any such suit" orproceedane- 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 recordowner ande 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 salebeing the "(btal sum of $56,717.35 which sum coiksists of the unpaid, pririeipalbal- -wake of $54,023.50 plus interest accrued to the date of the firshpublica tion of this notice in the amount of $2,693.85, plus costs expended, and accruing interest and late charges after the irate of first publication of this notice of sale; .WHEREAS,, The property being foreclosed upon may be� subject to tother liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before sub -1X1, ittmg,a bid; i NOW, NOW, HE EO �rga eiElec onic Registration Systems, Inc., nom for Rocky Mo tam �r the Mortgagee will have the i a a edG ro Mcal foreclosed as by provide `15Y causing the aricitg g p 10 ,erty to b e�soldlat public venue by the' "Sheriff br Deput Sheriff in and for 1;,incoln 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; Lincoln County, for application on .,thee above- described amounts secured by the Dylortgage,'said•mortgaged property being described as follows,. to -wit: THE LOTS 13, 1.4', 15 AND 16 OF THE BLOCK B IN" THE RIVERVIEW'- ADDITION° TO THE TOWN OF LABARGE, FOR M1 RI Y TULSA, LINCOLN C UNTY, WYOMING. with an, address of 220 3rd A venue,,LaBarge, WY 83123. ,Together with all nnproyemetits thereon situate and all fixtures and, appurtenances thereto. Mortgage Electronic. Registration Systems, Inc., as nominee for Rocky Mountain Bank f By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste.. 202 Casper, WY 82609 -0000 (307). 333 5379 25, Dec. 3,10,.2009 (69- 21075) 1119 PUBLISH: Nov. 1 ROSEMARY CAPELLEN NOTARY PUBLIC County of Cu,ti State of Lincoln ss. Wyoming My Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT C0u265 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 A.D., 20 Oq and the last publication on the day of A.D., 20 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 befo me on this 10 day of .D., 20 Oci Certificate of Sale Hacklin 09 -21075 Page 6of7 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 $1,571.40 as compensation for services actually rendered in the foreclosure proceeding. 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 Costs EXHIBIT C AFFIDAVIT OF ATTORNEY SS Total $1,571.40 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 AFFIAN ',YETH NAUGHT. State of Wyoming County of Natrona COSPkg My commission expires:od- -5 26 t3 wswc 11:14 AMBER 0 1 S OMING c< F NATRONA f 05 2019 (Signature of /17() Title (an Rank) anette Baldaccci stle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on d day of c q i 1 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. otarial officer) tpi 600.00 415,00 52.00 386.40 50.00 26.00 11.00 11.00 10.00 10.00 00K;266 Certificate of Sale Hacklin 09 -21075 Page 7 of 7