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HomeMy WebLinkAbout9513936010918420 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 COSPkg 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 COSPkg 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: COSPkg 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 COSPkg 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 COSPkg 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 COSPkg 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 COSPkg 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 C°0404