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HomeMy WebLinkAbout9520736010918570 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 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 26, 2004, executed and delivered by Daniel G. Keehn and Kimberly R. Keehn to Mortgage Electronic Registration Systems, Inc., as nominee for Fieldstone Mortgage Company and (b) that certain mortgage dated August 26, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 2, 2004, at Reception No. 902550 in Book 566 at Page 292 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: COSPkg LOT 13 OF HAPPY VALLEY ESTATES, LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 268 Happy Valley Lane, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 Assignment dated: December 4, 2009 Assignment recorded: December 15, 2009 Assignment recording information: at Reception No. 951091 in Book 738 at Page 286 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, HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 "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 RECEIVED 2/9/2010 at 10:34 AM RECEIVING 952073 BOOK: 742 PAGE: 153 JEANNE WA LINCOLN COUNTY CLERK, mmiviMERER, WY Certificate of Sale Keehn 09 -27525 Page 1 of 7 eO 154 four (4) consecutive weeks, commencing with the January 14, 2010 issue of said newspaper and ending with the February 4, 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 February 9, 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 $98,861.40 "Bid Sum which was bid and offered by HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 "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 $1,816.40 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 February 9, 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 9th day of February 2010. COSPkg M./ Shane JOhnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Doug Roberts Title: Deputy Sheriff Certificate of Sale Keehn 09 -27525 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts Deputy Sheriff of Lincoln County, State of Wyoming, this 9th day of Feburary 2010. My Commission Expires: COSPkg SAVANNA L. NAMES NOTARY PUBLIC Witness my hand and official seal. y�1 Notary Public COUNTY OF t STATE OF LINCOLN OOP INO My Commission Expires ACKNOWLEDGMENT SS Certificate of Sale Keehn 09 -27525 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 26, 2004 (the "Mortgage and recorded on September 2, 2004, at Reception No. 902550 in Book 566 at Page 292 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 Daniel G. Keehn and Kimberly R. Keehn "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Fieldstone Mortgage Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 Assignment dated: December 4, 2009 Assignment recorded: December 15, 2009 Assignment recording information: at Reception No. 951091 in Book 738 at Page 286 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: 71786575345000342706 CERTIFIED MAIL NO. FSN: 71786575345000348937 Daniel G. Keehn 268 Happy Valley Lane Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000342720 CERTIFIED MAIL NO. FSN: 71786575345000348951 Daniel G. Keehn 268 Happy Valley Ln Afton, WY 83110 -9759 COSPkg EXHIBIT A SS ALS6 CERTIFIED MAIL NO. NOI: 71786575345000342713 CERTIFIED MAIL NO. FSN: 71786575345000348944 Kimberly R. Keehn Aka Kimberley R. Keehn 268 Happy Valley Lane Afton, WY 83110 CERTIFIED MAIL NO. N01: 71786575345000342737 CERTIFIED MAIL NO. FSN: 71786575345000348968 Kimberly R. Keehn Aka Kimberley R. Keehn 268 Happy Valley Ln Afton, WY 83110 -9759 Certificate of Sale Keehn 09 -27525 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000342744 CERTIFIED MAIL NO. FSN: 71786575345000348975 Daniel G. Keehn Box 975 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70092250000773272607 CERTIFIED MAIL NO. FSN: 70092250000173273062 HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 4828 Loop Central Drive Houston, TX 77081 CERTIFIED MAIL NO. NOI: 71786575345000342775 CERTIFIED MAIL NO. FSN: 71786575345000349002 Collection Professionals, Inc. P.O. Box 17018 Missoula, MT 59808 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 29, 2009 and the date of the first publication of the notice of foreclosure sale was January 14, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. day of Meinhold and Stawiarski Le nette Bal 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 2010 by Danette Baldacci as attorney of Castle, I Services, LLC. 4 0 7■11 e of notarial o icer) Q� 6l K� Title (a Rank) My commission expires:04- .5 Z6l3 OO :157 CERTIFIED MAIL NO. NOI: 71786575345000342751 CERTIFIED MAIL NO. FSN: 71786575345000348982 Kimberly R. Keehn Aka Kimberley R. Keehn Box 975 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000342768 CERTIFIED MAIL NO. FSN: 71786575345000348999 Occupant 268 Happy Valley Lane Afton, WY 83110 Certificate of Sale Keehn 09 -27525 Page 5 of 7 ,ORECLOSURE S WHEREAS, anl the ;payment cut edrundezrthe"terms of a promissory u 26, 2004* executed and delivered by Darn Keehn Mortgagor(s)') to Mortgage Ele 'Inc., as nominee for 'Fieldstone Mortgag mortgage ,the "Mortgage of the same d Mortgage wa's'executedand delivered by said gagee,' which' Mortgage 4as recorded option No. +902550 inEook 566 at Page 2 of the CountyClerk;and ex- officio Register o County, State of Wyoming; and WHEREAS, the mortgage was assigned for value asN Assignee H USA, National,'Associatio' (Trustee of the Fieldstone Mortgage Investment Trust, Assignment dated: December 4, 20092. Assignment recorded: December 15, 2009 4x, rr,, Assignmentrecordtnginformation: at ReceptionNo. 95'1091 in Book 738 at Page:286 All in the records of theCounty. Clerk and°ex- officio Register of Deeds in and for Lincoln •County,Wyoming. WHEREAS,.the Mortgage contains a power of sale which by reason of said default, *Mortgagee declares,to have become operatiy'e, and no suit or proceeding has` been instituted at law to recover the debt `secured by the Mortgage,? or any thereof, nor has any such suit or proceeding been instituted andthe same discontinued; and WHEREAS„ written, notice of intent to foreclose the Mortgage by advertisement and sale; has been. served upon the record owner and the party in a ossession of the mortgaged premises at least ten (10) days, prior o cats on the amountxdue -the �n rut ,a ml'oSa.�ant an a�a6U'' i{W .��aiARb� ur ication of this.rtotice of sale being, the consists of the unpaid` principal bal- ccrued to the date of the first publica- $3,631.02, plus attorneys' fees, costs n late charges after the date of first g foreclosed upon may be ,subject to will not be extinguished at the esearch the status of title before sub- mi ning Bank USA; National Association, as doe Mortgage Investment Trust, Series as u,o .a live the Mortgage foreclosed as byelaw provid ro e to be�soldat public venue d�b�, cai�a piht9 s d P p by the Sheri OP' o and forLincoln County, Wyoming to the highesttFbidde il'oricash i 10 oa o c lock ;in the forenoon on February 9,720'0 at e.f�ront door of the Lincoln•County,Courthouse located at 925 Sage Avenue, Kemmerer WY Lincoln County, for application on die above d, escribed secured by the Mortgage, said mortgaged prope described as follows to wit LOT 13 OF PY VALLEY ,;ESTATES, LIN COLN COUNTY, MINt3, 5 �E T HE OFFICIAL PLAT`THEREOF with an address of 268, Happy alley iLane, Afton, WY 83110. and Togetherwti a1 ii I }ovemeIts ether on. situate and all fixtures an appurtenan esd reto.'' HSBC Bank USA, National &ssociation, as Indenture Trustee of the Fieldstone Mortgage InvestmentTrust, Series 2004 -4 By: Danette Baidacci Castle, Meinhold Stawiars Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 28'; Feb. 4 2010 (009-27525) „011;4,E,, PUBLIS' KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT EXHIBIT B 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 14 day of fIt9.If bi9s- and the last publication being on the 4 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 tq i�J' 1 1:_.3 1 OOk)1.58 KEMMERER, WYOMING ,20 (f Michael Je Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELi EN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 day o)- 20 Ql Keehn 09 -27525 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 $1,816.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Costs Total $1,816.40 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 t tate of Wyoming and residing therein. FURTHER AF IA T SAYETH N GH State of Wyoming County of Natrona My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 529.00 117.00 8.00 455.40 50.00 26.00 11.00 10.00 10.00 This instrument was acknowledged before me on 4 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L al Services, LLC. (Signature of notarial officer) Title (and Rank) ta0A 211A% y: Da ette Baldacfiff Ca Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 C,00159 Certificate of Sale Keehn 09 -27525 Page 7 of 7