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HomeMy WebLinkAbout9518296010917749 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: SS 000049 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 May 26, 2006, executed and delivered by Katrina Hoxie and Darryl Hoxie to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. and (b) that certain mortgage dated May 26, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 2, 2006, at Reception No. 919017 in Book 622 at Page 187 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 GLO Lots 1 and 2, and that part of the East Half of the Northwest Quarter of Section 19, Township 37 North, Range 118 West, Lincoln County, Wyoming including part of vacated Lot 44 of Alpine Village Subdivision No. 1 Plat 2 Amended of record in the Office of the Clerk of Lincoln County as Plat No. 264, and all of that tract of record in said Office in Book 606 Photostatic Record on page 840 described as follows: Beginning at the Northwest corner of said Lot 44; Thence North 67 °06'35" East, 55.09 feet, along the North line of said Lot 44, to a point; Thence South 29 °03'31" East, 125.34 feet, to a point; Thence North 68 °13'44" East, 110.95 feet, to a point; Thence South 68 °53'36" East, 198.95 feet, to a spike; Thence South 24 °07'22" East, 262.55 feet, to a spike; Thence South 00 °00'04" East, 191.98 feet, along a line parallel with the East line of said GLO Lot 2, to a spike; Thence South 71°34'44" West, 31.62 feet, to the Northerly most rebar of Lot 46 of said Plat No. 264, on the East line of said GLO Lot 2; Thence South 00 °00'04" East, 107.37 feet, along said East line, to the Southeast sury -kap of said tract in Book 606; Thence South 89 °58'15" West, 498.75 feet, along the South line of said tract in Book 606, to a sury -kap on the Palisades Reservoir Take Line; Thence North 07 °55'59" West, 280.84 feet, along said Palisades Reservoir Take Line, to a corner; Thence North 08 °44'33" East, 394.27 feet, along said Palisades Reservoir Take Line, to the corner of Beginning The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 16, 2009 Assignment recorded: December 9, 2009 COSPkg with an address of 542 Airport Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 1/26/2010 at 11:00 AM RECEIVING 951829 BOOK: 741 PAGE: 49 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hoxie 09 -05654 Page 1 of 7 COSPkg CNOt3050 Assignment recording information: at Reception No. 950987 in Book 737 at Page 715 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, BAC Home Loans Servicing, L.P. "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 December 30, 2009 issue of said newspaper and ending with the January 21, 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 26, 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 $697,500.00 "Bid Sum which was bid and offered by BAC Home Loans Servicing, L.P. "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 $3,869.20 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 Certificate of Sale Hoxie 09 -05654 Page 2 of 7 and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after January 26, 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 26 day of January 2010. 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 Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 2:; day of XXKXltX 2010. J anuary By: Print Name: Title: Sheriff in and for Lincoln County, State of Wyoming Witness my hand and official seal. aVtk_PNIA/K. lal Notary Public SAVANNA L. NAMES NOTARY PUBLIC COUNTY OF STATE Or LINCOLN WYOMING My Commission Expires M. Shane JOhnson Cliff Boyd Deputy Sheriff 0051. Certificate of Sale Hoxie 09 -05654 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 May 26, 2006 (the "Mortgage and recorded on June 2, 2006, at Reception No. 919017 in Book 622 at Page 187 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 Katrina Hoxie and Darryl Hoxie "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 16, 2009 Assignment recorded: December 9, 2009 Assignment recording information: at Reception No. 950987 in Book 737 at Page 715 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. N01: 71786575345000336835 CERTIFIED MAIL NO. FSN: 71786575345000340238 Katrina Hoxie 542 Airport Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000336859 CERTIFIED MAIL NO. FSN: 71786575345000340252 Katrina Hoxie P.O. Box 805 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000336873 CERTIFIED MAIL NO. FSN: 71786575345000340276 Katrina Hoxie 21317 Highway 2 Sandpoint, ID 83864 -7363 COSPkg EXHIBIT A SS CGi 52 CERTIFIED MAIL NO. N01: 71786575345000336842 CERTIFIED MAIL NO. FSN: 71786575345000340245 Darryl Hoxie 542 Airport Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000336866 CERTIFIED MAIL NO. FSN: 71786575345000340269 Darryl Hoxie P.O. Box 805 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000336880 CERTIFIED MAIL NO. FSN: 71786575345000340283 Darryl Hoxie 21317 Highway 2 Sandpoint, ID 83864 -7363 Certificate of Sale Hoxie 09 -05654 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000336897 CERTIFIED MAIL NO. FSN: 71786575345000340290 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71786575345000336910 CERTIFIED MAIL NO. FSN: 71786575345000340313 Tres Rios, LLC P.O. Box 1010 Jackson, WY 83001 CERTIFIED MAfL NO. NOI: 71786575345000336934 CERTIFIED MAIL NO. FSN: 71786575345000340337 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 CERTIFIED MAIL NO. NOI: 71786575345000336927 Kristin Crosland CP Holder 612 Pearl Street Kemmerer, WY 93101 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. (Signa ure'o otarial officer) Title (and Rank) My commission expireso /,L (--`1 13 e ta053 CERTIFIED MAIL NO. NOI: 71786575345000336903 CERTIFIED MAIL NO. FSN: 71786575345000340306 Occupant 542 Airport Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000336927 CERTIFIED MAIL NO. FSN: 71786575345000340320 Kristin Crosland CP Holder 312 Pearl Street Kemmerer, WY 93101 CERTIFIED MAIL NO. NOI: 71786575345000336941 CERTIFIED MAIL NO. FSN: 71786575345000340344 Countrywide Bank, FSB 1199 North Fairfax St., Ste. 500 Alexandria, VA 22314 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 17, 2009 and the date of the first publication of the notice of foreclosure sale was December 30, 2009. B Wlanette BaI"F' ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on t day of .)O✓tk[cavey 2010 by Danette Baldacci s attorney of Castle, Meinhold and Stawiarski Legal Service LLC. Certificate of Sale Hoxie 09 -05654 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming WHEREAS, default in yayment of principal and interest has oc- cur'red under'the s ofva+promussor'y^note "(th'e° "Note ")^dated May 26, 2006, executed acid °.deli vered" by Kaiiiailla R `a` e and Darryl`iHoxie "Mortagor(s)") ortgage� ;Electron 'c Registration Systems,, Inc., as nominee g for, Countrywide )Ban xNt ;and, a estate'nrtgage (the e of th sam date.seeur` the Not e, which' M was' executed e),0 delivered by said VTortgagor(s),;to said Mortgagee, and and which Mortgage was recorded on June 2, 2006;4 at Recept onNo. 919017 in Book 622 at Page 187 in the records,of tee,. office o f thetCounty, ;.Clerk and, ex- officio Register of Deeds in and for Lincoln County State of "Mortgage W omm� and e 'a YW'HEREAS the mortgage was assigned for al` e�as,folldv✓s. .Assignee:, B AC "Horne "Load S L.P. Assi ent dated: ;November 16} 2009 Assignment corded December 9, 2009 Assigninentrecording information: at Reception l�lo. 950987 in Book 737' at Page 715' All in the records of the County Ct'erk and ex officio Register of Deeds in and for Lincoln;County, Wyomin WHEREAS the Mortgage co a power of sale.which by, reason of said default; the Mortgagee- eplsr t olh' av e become operative, an d no' suit or proceeding has been nstituted atlaw,to recogerthe debt secured by-the Mortgage, oz, any part thereof 'nor has any such suit or proceeding beenJ�instituted,and the same diseon i]ued, and M WHEREAS, w notice intent to foreclose the MortgaSe by advertisements a nd sale ritten h as been of ser upon the record owner and'tlie Patty' in,pos of t he,moi,gaged -pre tlises t least ten (10) ,days prior 'to the commencement of this publication and the amount due upon the ;Mortgage on the sate of f irst ptib1i alt o i s notice of' sale being the ;tptal sum of $1,115,647 96 which sum consists of the unpaid principal `balance of 311025, plus ;interest'= accrued'to the date of the first publication „of this, notice' in the ainount'lof $90,520.69, plus attorneys' fees, costs expended, accruing interest and late charges after the date `of.first publication of this notic &e of Sale; oth WH liens a nEREAS, Yden h cumn e prbroances>that w perity b"ein'gx fil©l renot bs`closede upon extin g ahy ed be subjat•thej ect sale. to �;er? uis Any prospective purchaser should research, the status of title be fore sub- m itting a °bill; X NOW:Ti EREFORE'BAC {Hom'e Loans Serviicuig, LP., astheMort- gagee, will have the M ;ortgage foreclosed as, by law provided by causing the mortgaged property, to b sold at f i}iblc venue by the Sheriff or Deputy S herifffin andifor�Liricolnaeonnty, W to the highest bidder for cash at 1 00 o 'clockin'the f orenoo n on January 26, 2010 at the front doom of tfe i i„icoln co`unty �Courthouse. located at 925 =Sage Avenue, Kemm Cou nty, for,apphoation on the above desert bed amounts secured by e tin Mortgage, said mortg ged property" beings de- scribed as follows, to-wit I s That part of GLO Lots 1E and-2, and?that pact of the East Hal Wes t, h(p westa of Se no t1 "9, a Qi ii t gei'1,1 i phr Cou�?> Wy4z tii P a of ac ted Lot Hof t 1pine 1- iende 0 're,eq *tiintheaOffxce of ,the Clerk or macaw traunr as ia> ri' o h Sandi at achoF�relc d iti�aaid aid Office n,Book 60 Photostatic, cbrd,ojp Page:, O�desct ;bed' faliows: U y coiaie;,ta£ ct l.Qt 44 a t 55 09'fee t,� alongmh e N ofPs Li s 125.34 feet, to a point; Gst, 110.95 feet, a pot, 1st, 19 95,feet, to a gP°.ein orth line ast, 262 5 feet,, t to o aispike ;f. ThencerSou 00 00 04 Bast' 191 n8;feet,'alorig,a ;tine parallel with theiEastlinetofsaidMG LO Lotr2,Ro a spike, u kb t l Bence South$71 34''44 W e s t, 31x62 feet, to, the .Northerl>y mosfrebar of Lot X46 of s P1af o ti264 oil thezE Brie ofvsai GZ, Lotk2; Thence Soutlr�0 ©0 =0 Da str110 7 37 feei along said,East l ine to the Sou theast sure `kap: o said tract i Bo 606; Thence South' °89 °58'15 "''West, 49, 8.75 feet,: along the South ?ImeFof sard3tract in Bd a 60 ,o,, ow- kap�on the Palisades Reservdes''. Take y r �y gThenc'e N a 0 /j r5 591 We feet, along saidiPalisades Res ier d'i 394 27 feet, along said Palisades Res egu ntng with an,,adclress,of 54 �ortrDrive Alpine; WY i 128. TCigetlier:i ith ally�iinrirSvements .thereon situate and 83 all fixtures .and AC Home.Loan a ll' icing, L.P. B Danette,Baldacci Y Stawiarski Lega`lservices LLC 330 S Walsh Drive, Ste. 202 CasperY 826 5379 09- 0000' 07) 33 PTMRT ,TS14: Dec. 30. 2009: Jan 7.'14,321. 2010 (09- 05654) 11230E EXHIBIT B PUBLISHER'S AFFIDAVIT ael Jesse Michael Je ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln My Commission Expires May 5, 2012 State of Wyoming 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 4 consecutive issues /weeks; the first publication being on the •D ,2or14 and the last publication being on the 4.1 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 before'me on this 1 day of MI 4011■1 rI l ,*Olrt Notary .�4054 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 t O Publisher Certificate of Sale Hoxie 09 -05654 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 State of Wyoming County of Natrona COSPkg 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 $3,869.20 as compensation for services actually rendered in the foreclosure proceeding. Total $3,869.20 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 SETH NAUGHT. anette Bal. 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 n 2010 by Danette Baldacci as attorney of Castle, Lea Meinhold and Stawiarski l Services, LLC. �lnare o Title (and Flank) My commission expiresa otarial officer) 600.00 2,388.00 156.00 11.00 607.20 50.00 26.00 11.00 10.00 10.00 0,0..,755 Certificate of Sale Hoxie 09 -05654 Page 7 of 7