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CERTIFICATE OF SALE
5
i
a o STATE OF WYOMING
06 SS OO &39s COUNTY OF LINCOLN a C a
-.ma
S 0 M. Shane Johnson
of lawful age, being first duly sworn
c a E
upon his oath, states and certifies as follows:
a
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 17, 2006, executed and delivered by David
Starnes and Anne Starnes to Mortgage Electronic Registration Systems, Inc., as
nominee for First Horizon Home Loan Corporation and (b) that certain mortgage
dated August 17, 2006 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on August 18, 2006, at Reception No. 921484 in Book 630 at Page
743 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 78 OF STAR VALLEY RANCH PLAT 9, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
MARCH 16, 1976 AS INSTRUMENT NO. 476272 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 49 Star Peaks Way, Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: MetLife Home Loans a division of MetLife Bank NA
Assignment dated: November 4, 2009
Assignment recorded: November 16, 2009
Assignment recording information: at Reception No. 950562 in Book 735 at Page
875
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, MetLife Home Loans a division
of MetLife Bank NA "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
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RECEIVED 1/5/2010 at 11:35 AM
RECEIVING 951393
BOOK: 739 PAGE: 398
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Starnes 09 -23087
Page 1 of 7
00399
four (4) consecutive weeks, commencing with the December 10, 2009 issue of
said newspaper and ending with the December 31, 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 January 5, 2010 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
$188,000.00 "Bid Sum which was bid and offered by MetLife Home Loans a
division of MetLife Bank NA "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 $2,246.40 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 January 5, 2010, 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
5 day of January ,.y? _2.2010
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M ShanP Johogov
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Doug Roberts
Title: Deputy Sheriff
Certificate of Sale
Starnes 09 -23087
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Doug Roberts
Deputy Sheriff of Lincoln County, State of Wyoming, this 5 day of
January, V, 2010
Witness my hand and official
ublic
Jenny Cl arke Notary Public
County of
Lincoln
000400
My Commission Expires
State of
Wyoming
Certificate of Sale
Starnes 09 -23087
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 17, 2006 (the "Mortgage and recorded on August 18, 2006, at
Reception No. 921484 in Book 630 at Page 743 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 David Starnes and Anne Starnes "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: MetLife Home Loans a division of MetLife Bank NA
Assignment dated: November 4, 2009
Assignment recorded: November 16, 2009
Assignment recording information: at Reception No. 950562 in Book 735 at Page
875
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: 71786575345000323323
CERTIFIED MAIL NO. FSN: 71786575345000328007
David Stames
49 Star Peaks Way
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000323347
CERTIFIED MAIL NO. FSN: 71786575345000328021
David Starnes
49 Star Peaks Way
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000323361
CERTIFIED MAIL NO. FSN: 71786575345000328076
David Stames
PO Box 3838
Alpine, WY 83128 -0838
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EXHIBIT A
SS
00040i
CERTIFIED MAIL NO. NOI: 71786575345000323330
CERTIFIED MAIL NO. FSN: 71786575345000328014
Anne Starnes
49 Star Peaks Way
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000323354
CERTIFIED MAIL NO. FSN: 71786575345000328038
Anne Starnes
49 Star Peaks Way
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000323378
CERTIFIED MAIL NO. FSN: 71786575345000328083
Anne Starnes
PO Box 3838
Alpine, WY 83128 -0838
Certificate of Sale
Starnes 09 -23087
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71786575345000323385 CERTIFIED MAIL NO. NOI: 71786575345000323392
CERTIFIED MAIL NO. FSN: 71786575345000328045 CERTIFIED MAIL NO. FSN: 71786575345000328052
MetLife Home Loans a division of MetLife Bank NA Occupant
4000 Horizon Way Suite 100 49 Star Peaks Way
Irving, TX 75063 Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71786575345000323408
CERTIFIED MAIL NO. FSN: 71786575345000328069
KeyBank National Association
4910 Tiedeman Road, Suite B
Brooklyn, Ohio 44144
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 23, 2009 and the date of the first publication of the
notice of foreclosure sale was December 10, 2009.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
2 day of c /441.X 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Sign ture o notarial officer)
Title (and Rank)
My commission expiresoy F 5 2.0 l
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FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
AMBER D. HODGES
STATE OF VWOMING
COUNTY OF NATRONA
M Commission E cos Oct 00 3013
000402
Dinette cci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Certificate of Sale
Starnes 09 -23087
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORiCr t 1OTICE
,giui�'f default in )S i o d 1 s cipal a d inter h as oc
under,theT'terms
006 exec o a m av s o .�e r e N e d e A gust
uted andddeered by Dayid ,`t'arnes, and Anne; Starn
rtgagor istrationTSystems, Inc. as
'env a First Horizon me Loan Corp oration, and areal estate
gage (the "Mortgage") of the sart%e date. securing the4Note,,which
gage was executed and delivered by satd`Mortgagor(s), to said Mort
and which Mortgage was recorded on.August 18,.2006, at Recep-
9 21484 in Book '630 at Pagep743 in the records of the officewof
erg and ex officio Register of Deeds in and for T Lincoln'
e Co
pl us interest accrue
in s the amou tt of
ed,r ancI accruing nt rest: a
tote of thi notice of sale
The :;;propertytexng foredo
aed upon may oe' to
twill b a'extulgurshed at e.
title `b efgrc su b-
nle opera
ec r the eb s ured
uh suit or ding:
e�closeedot by
hey c b
e aeao d owner and the
e (a10) d aysaprior
e ®,ga nthe
Rs le?ing the
of th unpaid principal
the dateof the ,first pub
72, plus attorneys' fees,
chges aft thendate of
su jec
the. sal
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
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PUBLISHER'S AFFIDAVIT
eason
no
divistonof MetLife,B
breclosed as,b`y l p ro'
sold;at:public venue by
Coumtyt`Wy�om ng,to,the
foreno on January 5,
oUrthouse f ocated at 925
y,1or application on the
igez,said mortgaged�props
xOL C OUNT Y,
FI E D` O N
RECORDS'
tures and
NA
nette.$aldacci,
d Stawiarski
Servi LLC`
alsh Drive, Ste. 202
ei x`82609 0000
(307) 333 537,9
1210E
EXHIBIT B
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 insertions, the
first publication having been made on the
f O day of IC v'1/ Kl_t11)
A.D., 20 01
the
before
000403
Kemmerer Wyoming
STATE OF WYOMING
ss.
County of Lincoln
and the last publication on
30 day of 1 e.co Vr 1h..)
A.D., 20 fl9 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 Jerl'sen, Publisher
Subscribed in my presence and sworn to
me on this 30 day of
Certificate of Sale
Starnes 09 -23087
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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 $2,246.40
as compensation for services actually rendered in the foreclosure proceeding.
600.00
948.00
117.00
8.00
455.40
50.00
26.00
11.00
11.00
10.00
10.00
Total $2,246.40
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
Publication Cost
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
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 S ETH NAUGHT.
State of Wyoming
County of Natrona
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This instrument was acknowledged before me on
2q day of 2009 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
re o notarial officer)
J7 `C
Title (and Rank)
My commission expires: 5,�- 5, 2ot3
NOTARY PUBt.
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
05 2013
ommisiion E
nette Balda
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Certificate of Sale
Starnes 09 -23087
Page 7 of 7
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