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Home My WebLink About9518306010918292 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS G06056 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 May 1, 2006, executed and delivered by Tyrell Q. Welchman and Amanda R. Welchman to Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit and (b) that certain mortgage dated May 1, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 4, 2006, at Reception No. 918055 in Book 618 at Page 758 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: PART OF LOT 1 OF BLOCK 26 TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE WEST 99 FEET; THENCE SOUTH 110 FEET; THENCE EAST 99 FEET; THENCE NORTH 110 FEET TO THE POINT OF BEGINNING. with an address of 384 East 5th Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A. Assignment dated: December 2, 2009 Assignment recorded: December 11, 2009 Assignment recording information: at Reception No. 951039 in Book 738 at Page 21 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, Bank of America, N.A. "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. RECEIVED 1/26/2010 at 11:17 AM RECEIVING 951830 BOOK: 741 PAGE: 56 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Welchman 09 -19692 Page 1 of 7 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 $$97,997.70 "Bid Sum which was bid and offered by Bank of America, N.A. "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 $1,898.20 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 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. COSPkg DATED at Kemmerer, Lincoln County, State of Wyoming, this 26th day of January 2010. Sheriff in and for Lincoln County, State of Wyoming Title: M. Shane Johnson C00057 Deputy Sheriff Certificate of Sale Welchman 09 -19692 Page 2 of 7 STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: 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 26 day of January 2010. Witness my hand and official seal. COUNTY OF LINCOLN My Commisso Notary Public SAVANNA L. FiAWF,LS NOTARY ^l6 ?I iATE OF 000058 Certificate of Sale Welchman 09 -19692 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 1, 2006 (the "Mortgage and recorded on May 4, 2006, at Reception No. 918055 in Book 618 at Page 758 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 Tyrell Q. Welchman and Amanda R. Welchman "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A. Assignment dated: December 2, 2009 Assignment recorded: December 11, 2009 Assignment recording information: at Reception No. 951039 in Book 738 at Page 21 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: 71786575345000337054 CERTIFIED MAIL NO. FSN: 717865753450003403514 Tyrell Q. Welchman 384 East 5th Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000337078 CERTIFIED MAIL NO. FSN: 71786575345000340375 Amanda R. Welchman 384 East 5th Avenue Afton, WY 83110 COSPkg EXHIBIT A OOd.yO59 SS CERTIFIED MAIL NO. N01: 71786575345000337061 CERTIFIED MAIL NO. FSN: 71786575345000340368 Tyrell Q. Welchman PO Box 525 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000337085 CERTIFIED MAIL NO. FSN: 71786575345000340382 Amanda R. Welchman PO Box 525 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000337092 CERTIFIED MAIL NO. NOI: 71786575345000337108 CERTIFIED MAIL NO. FSN: 71786575345000340399 CERTIFIED MAIL NO. FSN: 71786575345000340405 Bank of America, N.A. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 384 East 5th Avenue Simi Valley, CA 93065 -6298 Afton, WY 83110 Certificate of Sale Welchman 09 -19692 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000337115 CERTIFIED MAIL NO. FSN: 71786575345000340412 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 CERTIFIED MAIL NO. FSN: 71786575345000340382 Amanda R. Welchman P.O. Box 235 Grover, WY 83122 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. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on p( day of v lkl 2010 by Danette Baldacci s attorney of Castle, Meinhold and Stawiarski L al Services, LLC. My commission expire COSPkg (Signature of )Udir NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA omission Oct 1073 CERTIFIED MAIL NO. NOI: 71786575345000337122 CERTIFIED MAIL NO. FSN: 71786575345000340429 American Brokers Conduit 538 Broadhollow Road Melville, NY 11747 of real officer) 6a ,4iC Title (and Rank) anette BaI:'."ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Welchman 09 -19692 Page 5 of 7 iecember eC1osed upon maybe subject to. n �t�lie extinguishe`dtatXthe *'sale;; aat r o.r,r v' at tih�the status of,tit e before sub= �nerur orJ ghest bidd O ST O RNE WEST 99" +FEET' :THENCE`S E F'T1 N E laT TH 110 s I t,.3S4E st5toAvenue Afton WY 831 irl provements thereon, situate and'> 19 5 u v iortgagee, s ngAthe rniOrt gag KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer. Wyoming COSPkg PUBLISHER'S AFFIDAVIT lectron c Registration` Sys, s' Conduit, and` areal.estate g 1Not which ortgagor(s), to saidM'ort a... OQf at Recept a d on �ds of t he offic of n foY Lit Coln Couri y; ue as fblllr ortgage "by Ind "tine, 's ;t ees' el date of attires .and EXHIBIT B cot i `202 0 -0000 53 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 50 day of Ne.e.ttit eh) 20 O and the last publication being on the ai day of Z` y J�.- 20 10 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 a d KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBUC County of r' State of Lincoln Wyoming My Commission Expires May 5, 2012 Mi Jensen, Publisher A.D., 20 Certificate of Sale Welchman 09 -19692 Page 6 of 7 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 $1,898.20 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Recorded Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY SS Total $1,898.20 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 AFFIA SAYET NA HT. This instrument was acknowledged before me on 2f day of JOilcu 2010 by Danette Baldacj as attorney of Castle, Meinhold and Stawiarski LW Services, LLC. Title (and( Rank) My commission expires j, NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Oct OS 13 :di& a ranette l e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 nature f notarial officer) 600.00 610.00 104.00 8.00 469.20 50.00 26.00 11.00 10.00 10.00 00.062 Certificate of Sale Welchman 09 -19692 Page 7 of 7