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HomeMy WebLinkAbout9520756010917713 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE M. Shane Johnson SS C O i16 s 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 15, 2008, executed and delivered by Brandon T. Bentley to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, A Division of First Tennessee Bank, N.A. and (b) that certain mortgage dated August 15, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 20, 2008, at Reception No. 941445 in Book 702 at Page 670 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: The mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: April 4, 2009 Assignment recorded: April 16, 2009 Assignment recording information: at Reception No. 946577 in Book 720 at Page 592 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, First Horizon Home Loans, a Division of First Tennessee Bank National Association "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. COSPkg LOT 101 OF VALLI -VU GOLF VILLAS, AN ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON OCTOBER 3, 2007 AS INSTRUMENT NO. 933678 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 184 Johnny Miller Drive, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 2/9/2010 at 10:40 AM RECEIVING 952075 BOOK: 742 PAGE: 167 JEANNE WAGNER LINCOLN COUNTY CLEF AIMERER, WY Certificate of Sale Bentley 09 -05029 Page 1 of 7 00i)168 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 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 $453,397.56 "Bid Sum which was bid and offered by First Horizon Home Loans, a Division of First Tennessee Bank National Association "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 $3,884.20 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 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 Certificate of Sale Bentley 09 -05029 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 February 2010. My Commission Expires: COSPkg COUNTY OF LINC Y SAVANNA L. HAwi L NOTARY PUBLIC Witness my hand and official seal. My Commission Expires ACKNOWLEDGMENT SS Notary Public OCAA69 Certificate of Sale Bentley 09 -05029 Page 3 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 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 15, 2008 (the "Mortgage and recorded on August 20, 2008, at Reception No. 941445 in Book 702 at Page 670 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 Brandon T. Bentley "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, A Division of First Tennessee Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: April 4, 2009 Assignment recorded: April 16, 2009 Assignment recording information: at Reception No. 946577 in Book 720 at Page 592 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: 71786575345000343680 CERTIFIED MAIL NO. FSN: 71786575345000348883 Brandon T. Bentley 184 Johnny Miller Drive Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70092250000173272652 CERTIFIED MAIL NO. FSN: 70092250000173273055 First Horizon Home Loans, a Division of First Tennessee Bank National Association 4000 Horizon Way Suite 100 Irving, TX 75063 CERTIFIED MAIL NO. N01: 71786575345000343710 CERTIFIED MAIL NO. FSN: 71786575345000348913 Brandon T. Bentley 2615 W 16170 S Bluffdale, UT 84065 -5002 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Brandon T. Bentley 2615 W 15170 S Bluffdale, UT 84065 -5002 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Occupant 184 Johnny Miller Drive Afton, WY 83110 71786575345000343697 71786575345000348890 71786575345000343703 71786575345000348906 CERTIFIED MAIL NO. NOI: 71786575345000343727 CERTIFIED MAIL NO. FSN: 71786575345000348920 Robert E. Raisbeck, As Trustee 184 Johnny Miller Drive Afton, WY 83110 Certificate of Sale Bentley 09 -05029 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000343680 CERTIFIED MAIL NO. FSN: 71786575345000348883 Brandon T. Bentley P.O. Box 160 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 30, 2009 and the date of the first publication of the notice of foreclosure sale was January 14, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. My commission expires: COSPkg 4%4,10 B D.. nette 1 C- e, 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 IynjQ 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L al Services, LLC. NOTARY PUBLIC AMBER 0. HODGES STATE OF WYOMING COUNTY OF NATRO A ,,,p ture of notarial officer) AZ4 ttt Al Id Title (an 'd Rank) O :171 Certificate of Sale Bentley 09 -05029 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming Rx QS SALE Nowt WHEREAS, default in'thepayment of principal and interest hasoc- curled under the terms of a prdmiss'ory note (the "Note') "dated August 15 2008: executed and delivered by Brandon T. Bentley ("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc.,; as nominee for First Horizon Home Loans, A' Division of First; Tennessee Bank, N.A., and a real estate mortgage (the "Mortgage') of the same date securing Note, which Mortgage was executed and deli by said Mortgagor(s), to said Mortgagee 'and which Mortgage Was';r'ecorded'on August 20; 2008, at 'Reception No 941445'in Book 702 at Page 670 in the records of the office 'of the `Countji'Clerk and ex- officio "Registeriof Deeds in and for Lincoln County, State of Wyoming; and WHEREAS; themii rtgage was agiigded for v follows; Assignee First Horizon Home Loans a Division of First Tennessee s Bank National.Qssocration Assignment dated April 4; 2009 Assignment recorded; April 16 2009 Assignment recording information: at Reception No. 946577 in Book 720 at Page 592" All in th records ofthe County Clerk and ex- officio Register of Deeds p in and for Lincoln County, Wyoming. WHi REAS, the Mort age contains, a sale which by reason of said defa�lt thf i `Mortgagee declares to have'becotrie operahye and; ?no suit or proceeding has been instituted at ^law io recover the debt secured by the Mortg ge, or any part thereo nor has any such suit or proceeding peen 'instttutt�ed'at d'thesan a discontinued ;Wand WHEREAS, ,written notice -of intent t foreclose the Mortgage by advertisem ansale been served upon the record owner and the p p" session a d, Mortgag l e p a un due upon the LOT 101, OF V E LI- VU GOLF AN T �Ii.LAS, ADDI ION TO THE TOWN OF AFTON, LINCOLN COUNTY WYOMING AS. DE, SORIBEP ON C CIAL P FT( FD,k ■W OCTOBER 3 2007 AS INSTR NT `NO ,3367 t T ;R OF THE LIN= COLN. c;OUNTY' CLERK with an address of 184uiJohnny Miller Drive, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. First Horizon Home Loans, a Division of First Tennessee Bank ,National Association By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330. S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 eb 4 2010 (69 ,09) 0114D EXHIBIT B PUBLISHER'S AFFIDAVIT Ong A befo by Mic me on this I Jen Pu. i- er. Michael Jen' Publisher 41 ture .,20 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 LlX9� 11G.fllt and the last publication 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 Notary S 20 it) eing on the 4 day ROSEMARY CAPELLEN NOTARY PUBLIC County of r State of Lincoln Wyoming My Commission Expires May 5, 2012 Bentley 09 -05029 Page 6 of 7 2 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 $3,884.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Publication Cost NOPP FTP Update x 2 Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee sale Sheriffs Fee costs Publication Cost FSN 1/10 EXHIBIT C AFFIDAVIT OF ATTORNEY SS Total $3,884.20 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 t. of Wyoming and residing therein. FURTHER AFFIA�' •AY:TH N A UG T. 1, -ne-tte Bala Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on L( day of brttayu 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L al Services, LLC. NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission Expires Oct 05 2011 700.00 1,252.00 205.50 8.00 414.00 517.50 200.00 50.00 26.00 11.00 11.00 10.00 10.00 469.20 (Signature of notarial officer) Title (and Rank) My commission expires :Oci i ZOI COSPkg Certificate of Sale Bentley 09 -05029 Page 7 of 7