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HomeMy WebLinkAbout9520746010918133 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 March 25, 2008, executed and delivered by Edward A. Miller and Monique G. Miller to Mortgage Electronic Registration Systems, Inc., as nominee for NetMore America, Inc. and (b) that certain mortgage dated March 25, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 1, 2008, at Reception No. 937938 in Book 690 at Page 856 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 158 OF NORDIC RANCHES DIVISION NUMBER 11, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED AUGUST 15, 2001, AS DOCUMENT NUMBER 875287 AND MAP NUMBER 194 -D, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 87 Pony Circle, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 4, 2009 Assignment recorded: August 12, 2009 Assignment recording information: at Reception No. 758 All in the records of the County Clerk and ex- officio Lincoln County, Wyoming. 0 948894 in Book 729 at Page Register of Deeds in and for 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, Wells Fargo Bank, 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. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and COSPkg RECEIVED 2/9/2010 at 10:38 AM RECEIVING 952074 BOOK: 742 PAGE: 160 JEANNE W LINCOLN COUNTY CLERK. KEMMFRFR IAA/ Certificate of Sale Miller 09 -14452 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for 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 $347,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, 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 $2,939.00 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 Sheriff in and for Lincoln County, State of Wyoming Print Name: Title: M. Shane JOhnson Doug Roberts Deputy Sheriff 0001.61. Certificate of Sale Miller 09 -14452 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. HAWKEB NOTARY PUBLIC COUNTY OF STATE OF LINCOLN:/ WYOMING MY Commission Expires fires s L A 12.711 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 9th day of February 2010. Witness my hand and official seal. MJYVY tl-jaa Notary Public 00i Certificate of Sale Miller 09 -14452 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71786575345000344151 CERTIFIED MAIL NO. FSN: 71786575345000349361 Edward A. Miller 87 Pony Circle Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 7178657534500034175 CERTIFIED MAIL NO. FSN: 71786575345000349385 Edward A. Miller P.O. Box 512 Moose, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000344199 CERTIFIED MAIL NO. FSN: 71786575345000349408 Monique G. Miller P.O. Box 5227 Etna, WY 83118 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 March 25, 2008 (the "Mortgage and recorded on April 1, 2008, at Reception No. 937938 in Book 690 at Page 856 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 Edward A. Miller and Monique G. Miller "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for NetMore America, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 4, 2009 Assignment recorded: August 12, 2009 Assignment recording information: at Reception No. 948894 in Book 729 at Page 758 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: 71786575345000344168 CERTIFIED MAIL NO. FSN: 71786575345000349378 Edward A. Miller P.O. Box 5227 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000344182 CERTIFIED MAIL NO. FSN: 71786575345000349392 Monique G. Miller 87 Pony Circle Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000344205 CERTIFIED MAIL NO. FSN: 71786575345000349415 Monique G. Miller P.O. Box 512 Moose, WY 83012 163 Certificate of Sale Miller 09 -14452 Page 4 of 7 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 31, 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. This instrument was acknowledged before me on 41 day of byucj.. 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Lo al Services, LLC. (Sigrfur"e of n,Qtarial officer) Title (and RAnk) My commission expires SZZO CERTIFIED MAIL NO. CERTIFIED MAIL NO. Occupant 87 Pony Circle Alpine, WY 83128 E y nette Balder i Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 ■1,,•\ ■e C i :1464 N01: 71786575345000344212 FSN: 71786575345000349422 Certificate of Sale Miller 09 -14452 Page 5 of 7 PUBLIS Jolt KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Wells Fargo'Bank,'NA. By Danette Baldacci "8i Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper', WY 82609 -0000 (307) 333'5379 28, Feb. 4, 2010 (09- 14452) 01140 EXHIBIT B PUBLISHER'S AFFIDAVIT CLOSURE SALE NOTICE WHEREAS, default in;the <payment of principal and interest h clsired� under, th e terms of a. promissory note (the "Note dated M sh 25, 2008;aexecuted,and delivered by Edward A. Miller and Monique G. Miller (`Ivlortga or(s)') to.M ortgage Electronic Registration Systems,,. Inc., as nominee, for.NetMore America, Inc and a real estate>mortgag (the `Mortgage 1) of the,saine dateisecuring;: Note, which Mb i{tgag was executed "and delivered. by "said" Mortgagor(s)," to said"Mortgagee and Which Mortgage waswrecorded on April',1, 2008, a No. 937938 in Boole 690 at Page85 in "the records of the oi of the County Clerk acid eitto icioR in and for Lincoln ,``State of Wyomin``g'attnt3 �'r� u t _rs' -17 1E`1 EA' h e'mortgage'was assigned for value as follows: Assi ee N "A Assi'�ibn'r "te`d: Augusti 0 Assi`gtimentf ecorded Au 1 2;'2009 Assignment reco "r'din info ±'na at R ecep in 729 at Page 758�'�' All in the records da of th e County' an dek offi tion c No �Regi948894 s' DBook s eed in and for' Lincoln' County Wyoming4 2 09 WHEREAS the Mortgage contains a power of sale which' by reason of said d @fa'u1t, the Mortgagee declares to have'becoiiie oper no suit or'proceeding has been`instituted at law'to recover the debt secured by the Mortgage, or, any part thereof, nor has any such'suit or proceeding been instituted and same di "and WHEREASS i>i'+rittenirioti of intent'to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the p ait�y in"possess"ib�n °of t`he'tii�o'tgaged pr`emises"at least l:tr() days' prior to the commencement of this publication and the amount due iipon the Mortgageon the'date of first �publi cation of this notice of`sale tieing the total sum' of $446,826 48 which siitn' consists f $if `the ".'unp`aid pri balance of$41` ,6N1`4'.72 plus i nterest accrued to the date of the fir pub- lication of,t s notice in the �am► unt'of "$33,211 7 plus attorney fees, costs expend and accrui inte a ii +d l c har ge s afte,r t date of first publication °o`f'tI is, notice of s al e; WHERE AS'The property being "fo up m aybe sub j ect to oth li'ens; and g encum b ran ces'that will not"be extinguis a t th sale. 'Any prospect purc ''sho ul`d're'se "a s 'ot- tit1'ebef sub rni' e -11 `a bid� e tit NOW, TIIEREpORE'W Fargo 'B N.A., a th Mortgagee, will have the Mortgage foreclosed as by la w provided by bausing the mo rt- gaged pro perty to b e sold`at;public venue iv 'the She riff or Deputy Sher- iff i n and for Lincoln, County, Wyoinin'8 to th highe bidder for cash at 10 :00 o'clock m th e for enoon on February 9, 2010 at the fb'et of the °C ourth ouse loca 9 25 Sa Avenue; Kemmerer, WY Lincoln County, for" a pp l ication on the abov described a secured'by -the .Mor tgage, said m `be describ as follows, to-wit LOI' 15&' OF 'NORDI RANE S'DIV"I S IO N N 1. 4 1 R 11, LIN CO"LN C (�UN TY WYO ,,C, 2 26 c F01 I D1NG TO THAT PL AT F ILED Ai1'?GUS 1 S, 200 A S DOC U MENT MBER' 8752 AND "MAP NUMBEtt,''194 D TN TH E `''OF OF THE CLER LINCOLN COUNT WYOMING ";t with air "a�dd're 87 Pony Circle,' A lpine, WY 831 Together wi a 1 1'imp roveinent s th situate a i d'a fi xtures and appurtenances thereto. 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 (4 ,2011) and the last publication being on the 4 day of day of before j am oh KEMMERER, WYOMING and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jens Publisher ARY CAPELLEN NOTARY PUBLIC ty of State of oln {,i Wyoming ommission Expires May 5, 2012 Subscribed in my presence and sworn to of ,2010 STATE OF WYOMING )ss. COUNTY OF LINCOLN STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Publication Cost FSN 1/10 FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs 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 $2,939.00 as compensation for services actually rendered in the foreclosure proceeding. 600.00 1,252.00 182.00 8.00 234.60 455.40 100.00 50.00 26.00 11.00 10.00 10.00 Total $2,939.00 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 AFFI N SA ETH AU _HT. anette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Le I Services, LLC. ea 1. (Signatur- of n rial office b\jc_ Title (and R n My commission expires 'j l� M c NOTARY PUBLIC AMBER D. HODGES STATE Of WYOMING COUNTY Of NATRON* E Certificate of Sale Miller 09 -14452 Page 7 of 7