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Home My WebLink About9516986010917649 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS C.P0i;i439 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 August 30, 2007, executed and delivered by Ronald P. Hornof and Misti D. Hornof to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. and (b) that certain mortgage dated August 30, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 17, 2007, at Reception No. 933141 in Book 672 at Page 288 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 SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1 /4SE1/4) OF SECTION 35, TOWNSHIP 36 NORTH, 119 WEST, LINCOLN COUNTY WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 325 OF PHOTOSTATIC RECORDS ON PAGE 286, DESCRIBED AS FOLLOWS:BEGINNING AT A SPIKE ON THE EAST LINE OF SAID SE1 /4SE1/4, NORTH 00 °02'54" WEST 165.15 FEET, FROM THE SOUTHEAST CORNER OF SAID SE1 /4SE1/4; THENCE SOUTH 89 °59'18" WEST 1322.97 FEET, TO A POINT ON THE WEST LINE OF SAID SE1 /4SE1/4; THENCE NORTH 00 °04'39" EAST 164.59 FEET, ALONG THE WEST LINE OF SAID SE 1 /4 SE1 /4 TO A POINT; THENCE NORTH 89 °57'51" EAST 1322.61 FEET TO A SPIKE ON THE EAST LINE OF SAID SE1 /4SE1/4; THENCE SOUTH 00 °02'54" EAST 165.15 FEET TO THE SPIKE OF BEGINNING with an address of 1513 E. County Road 110, Etna, WY 83118 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 Countrywide Bank, FSB "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 1/19/2010 at 2:42 PM RECEIVING 951698 BOOK: 740 PAGE: 439 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hornof 09 -03393 Page 1 of 8 four (4) consecutive weeks, commencing with the December 10, 2009 issue of said newspaper and ending with the December 30, 2009 issue thereof and again once a week for two (2) consecutive weeks, commencing with the January 7, 2010 issue of said newspaper and ending with the January 14, 2010 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 19, 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 $289,824.20 "Bid Sum which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB "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 $6,596.75 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 19, 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 19 day of January 2010. COSPkg M. Shane JOhnson Sheriff in and for Lincoln County, State of Wyoming J �1 By: Name: John Stetzenbach Title: Deputy Sheriff Certificate of Sale Hornof 09 -03393 Page 2 of 8 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L NAWKES NOTARY PUBLIC 5 STATE OF WYOMING 12 Exeires .1f COUNTY OF LINCOLN ss� ACKNOWLEDGMENT SS C.:A O C/ 1 The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenhach Deputy Sheriff of Lincoln County, State of Wyoming, this 19 day of January 2010. Witness my hand and official seal. Notary Public Certificate of Sale Hornof 09 -03393 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71786575345000173850 CERTIFIED MAIL NO. FSN: 71786575345000176943 CERTIFIED MAIL NO. FSN2P: 71786575345000189332 CERTIFIED MAIL NO. NOPP: 71786575345000206466 CERTIFIED MAIL NO. NOPP2: 71786575345000223647 CERTIFIED MAIL NO. NOPP3: 71786575345000245359 CERTIFIED MAIL NO. FSN3: 71786575345000273574 CERTIFIED MAIL NO. FSN4: 71786575345000298577 CERTIFIED MAIL NO. FSN5: 71786575345000328229 CERTIFIED MAIL NO. NOPP: 71786575345000343109 Ronald P. Hornof 1513 E. County Road 110 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000173874 CERTIFIED MAIL NO. FSN: 71786575345000176967 CERTIFIED MAIL NO. FSN2: 71786575345000189356 CERTIFIED MAIL NO. NOPP: 71786575345000206480 CERTIFIED MAIL NO. NOPP2: 71786575345000223661 CERTIFIED MAIL NO. NOPP3: 71786575345000245373 CERTIFIED MAIL NO. FSN3: 71786575345000273598 CERTIFIED MAIL NO. FSN4: 71786575345000298591 CERTIFIED MAIL NO. FSN5: 71786575345000328243 CERTIFIED MAIL NO. NOPP: 71786575345000343123 Misti D. Hornof 1513 E. County Road 110 Etna, WY 83118 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL Ronald P. Hornof P.O. Box 5055 Etna, WY 83118 CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL CERTIFIED MAIL Misti D. Hornof P.O. Box 5055 Etna, WY 83118 x:4 442 Danette Baidacci 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 30, 2007 (the "Mortgage and recorded on September 17, 2007, at Reception No. 933141 in Book 672 at Page 288 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 Ronald P. Hornof and Misti D. Hornof "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. 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: NO. N01: 71786575345000173867 NO. FSN: 71786575345000176950 NO. FSN2: 71786575345000189349 NO. NOPP: 71786575345000206473 NO. NOPP2: 71786575345000223654 NO. NOPP3: 71786575345000245366 NO. FSN3: 71786575345000273581 NO. FSN4: 71786575345000298584 NO. FSN5: 71786575345000328236 NO. NOPP: 71786575345000343116 NO. N01: 71786575345000173881 NO. FSN: 71786575345000176974 NO. FSN2: 71786575345000189363 NO. NOPP: 71786575345000206497 NO. NOPP2: 71786575345000223678 NO. NOPP3: 71786575345000245380 NO. FSN3: 71786575345000273604 NO. FSN4: 71786575345000298607 NO. FSN5: 71786575345000328250 NO. NOPP: 71786575345000343130 Certificate of Sale Hornof 09 -03393 Page 4 of 8 CERTIFIED MAIL NO. N01: 70083230000075866359 CERTIFIED MAIL NO. FSN: 70082810000023115334 CERTIFIED MAIL NO. FSN2: 70083230000075876488 CERTIFIED MAIL NO. NOPP: 70082810000023117406 CERTIFIED MAIL NO, NOPP2:70082810000023107445 CERTIFIED MAIL NO. NOPP3:70091410000070132319 CERTIFIED MAIL NO. FSN3:70091410000070137842 CERTIFIED MAIL NO. FSN4:70091680000238574028 CERTIFIED MAIL NO. FSN5:70091680000238619729 CERTIFIED MAIL NO. NOPP:70092250000173272621 Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. My commission expires:0 COSPkg CERTIFIED MAIL NO. N01: 71786575345000173898 CERTIFIED MAIL NO. FSN: 71786575345000176981 CERTIFIED MAIL NO. FSN2: 71786575345000189370 CERTIFIED MAIL NO. NOPP: 71786575345000206510 CERTIFIED MAIL NO. NOPP2: 71786575345000223685 CERTIFIED MAIL NO. NOPP3: 71786575345000245397 CERTIFIED MAIL NO. FSN3: 71786575345000273611 CERTIFIED MAIL NO. FSN4: 71786575345000298621 CERTIFIED MAIL NO. FSN5: 71786575345000328267 CERTIFIED MAIL NO. NOPP: 71786575345000343147 Occupant 1513 E. County Road 110 Etna, WY 83318 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 25, 2009 and the date of the first publication of the notice of foreclosure sale was December 10, 2009. '4 443 B'Danette B 1 *::cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2 )day of 'Jo nLla,N 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) AIo1 v\/ P0E 101 i'C, Title (and Rank) Certificate of Sale Hornof 09 -03393 Page 5 of 8 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT NOTICE OF POS T PONENIENT OF FORECLOSURE'SALE WHEREAS, default in the payment of principal and interest, has oc- curred under the terms of a promissory note (the "Note") dated August 30, 2007, executed and delivered by RonaldP.' Hornof and Misti D.,Hornof "Mortgagor(s) to Mortgage:Electr Registration Systems, Inc., as nominee for Countrywide •Bank, FSB (;Mortgagee'),, and a real; estate mortgage (the "Mort the same securing .the Note, which Mortgage was executed an d del ivered`;by'Mortgagor(s)� to Mortgagee; and which, Mortgage, was recorded. in, of.the, office of the County Clerk and ex- officio Register, of Deeds in and for Lincoln ,County, State of Wyoming on September ]7, X 2007, at Reception No 933141 t 288; WHERE w n of intent to foreclose. the Mortgage. by advertisement andsale pursuant to the, terms ,of -the Mortgage,,has been served upon the` owneraand party in possession, of the, mortgaged premises, at. least test. (10) days�prior,to:firstepublication of t--et of sa The property covered ,byisa d� ort gage is described as fohows: TrT P T OF T:SOUTAST QUARTER OF THE SOUTH= EAST OUP �1tTBIf ,CSE1 /4SEt OF C'PION 35 TOWNS 36 NOItT 19 SST, LINCOLN, C WYOMING B EING PART OF `THAT TRACT OF RECORD IN THE OFFICE OF' THE CLERK OF LINCOLN COUNTY~ 13°O1(.5 O F PHOTOSTATIC RECORDS ON PAGE 2.86, DESC E D'ASF OLLOWS BEGINNING AT,A SPIKE ON THE EAST LINE'OF SAID SE1 /4SE1 /4. R OF SAID SE1/ RT1i 00 02'54" WEST 165.15 FEET, FROM THE SO ,C O R N E 4SE1/4; THENCE U I� 89 °59 18 WEST 1322.97 FEET, TO -A POINT ON T11E WEST LINEIOF SAID SE1 /4 THENCE N 00 °04'39 EAST 164 59 FEET, ALONG THE WEST LINE OF SAID SE1/4SE1 /4 TOAPOINT ,THENCE NORTH 89°57'51 EAST 4322.61 FEET. TO A SPIKE ON THE EAST LINE OF 'SAID SE1 /4SE1 /4 THENCE SOUTH 00°02' EAST 16515 FEET TO,,THE, SPIKE OF B with, an,address,of 1513, County,Road 110 Etna, WY ,83118. WIIEREAS, the property bemg,foreclosed :upon may be subject to other Itens' and,encumbrances that yyRi not be extinguished at the sale. Any.prospective purchaser should: research the status of title before sub- mitting a bid; NOTICE IS HEREBY GIVEN; y purstiant to Wyoming Statutes Sec tion34 -4 109 .~(2003) that. the foreclosure sale of the abgve.Mortgage, scheduled for Januaryx5 2010,r it the front door of, the Lincoln County Courthouse located, at925 Sage Avenue, Kemmerer, WY, Lincoln County, State of Wyoming, has been postponed to 10:00 o'clock in the forenoon on January 19, 2010 at the front door of the Lincoln County Courthouse located at Avenue, Kemmerer, WY, Lincoln. County, State of Wyoming. Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB By: Danette Baldacci Castle, Meinhold, Stagwiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 307 333 5379 Publish: Jan. 7, 14, 2010 (09- 03393) 0107 COSPkg 6y NTrcl= Jen ROSEM CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of A. consecutive issues /weeks; the first publication being on the day of F J'IJtJI J and the last publication being on the t"T �t 1031 20_[ day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to day of before'me on this Mich j Jensen, Publisher Notary Si.4:ture 4 44 STATE OF WYOMING )ss. COUNTY OF LINCOLN 1 20 1 Certificate of Sale Hornof 09 -03393 Page 6 of 8 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ark a of sale which byr e,d es Y d a m ecme operative, o o reco the debts i M ortgage y o on the record owner d the es at least ten (10) days 5 nor is prtb c ��and the, amount, due; pon the rst�publ cation of this notice S of Sale being,th which sum of th unpaid p rincipal i s ,e rest accrued t e date of t fiYs a b a of s1 .554 pl us'attomeyys eeL s i ,o1 arges after th o e= geforeclosed uponlinay be subj o i es at�wi t b��extinguished> a th l e. ,�v� s .iE� otlie.stafus of titlebef�re sub Kation nc gagee, will`ha�h 200,7' at R o th e°offi c f L incoln e o Count S fate bf s. T cut= n possession to the'com Mortgage Ohl total sum of balance of 1ici FORECLOSURE SALE NOTICE 5 AS, default in the payment of principal and interest has "oc e >t o f a p romissory note (the "Note dated August yered'by RonaldRHornof and D. 110of onic Systems ISc as estate inortga which Mort asi'ibniineefor �R W:�tiv�e4afa'eh e� breciose ROSEMARY CAPELLEN NOTARY PUBLIC County of u State of Lincoln s Wyoming My Commission Expires May 5, 2012 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT SOR or ck 2 0`0 79 OA the D day of X445 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 insertions, the first publication having been made on the _11)__ day of 0 vOlku A.D., 20 0q and the last publication on A.D., 20 Oi 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 ensen, Publisher Subscribed in my presence and sworn to me on this Z(O__ day of A.D., 20 09 Certificate of Sale Hornof 09 -03393 Page 7 of 8 STATE OF WYOMING COUNTY OF NATRONA COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS NOTARY PUBLIC AMBER D. N NG STATE OF WY COUNTY OF NATRONA M Commission Ex 're* Oct OS. 2013 z 446 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 $6,596.75 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 903.00 Postage 344.40 Photocopies 26.45 Publication Cost FSN 1 -4 1,728.45 Publication Cost NOPP 1 -3 1,500.75 Publication Cost FSN5 372.60 FTP Update x 8 800.00 Conduct Sale 50.00 Record Cert of Sale 29.00 Record Assn of Cert of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Fee Sale 10.00 Sheriffs Fee Costs 10.00 Publication Cost NOPP 12/09 200.10 Total $6,596.75 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 A TH NAUGHT. B 1 nette Baldaacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on day of ..)cto LIC‘r` 2010 by Danette Bald cci as attorney of Castle, Meinhold and Stawiarski Le al Services, LLC. (Signature ofnotarial officer) �v�Cz �blic Titlejan Rank) My commission expiresoc 2-C '3 of Sale Hornof 09 -03393 Page 8 of 8