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HomeMy WebLinkAbout9522826010918577 CERTIFICATE OF SALE STATE OF WYOMING SS (p06855 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 November 12, 2008, executed and delivered by Jacob T. Hunter to Mortgage Electronic Registration Systems, Inc., as nominee for Metlife Home Loans, a Division of MetLife Bank, N.A. and (b) that certain mortgage dated November 12, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 13, 2008, at Reception No. 943625 in Book 709 at Page 83 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 A BLOCK 34 OF GLEN KENNINGTON ETAL ADDITION TO AFTON, WYOMING TOWNSITE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 13, 1997 AS INSTRUMENT NO. 498185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 190 East 6th 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: MetLife Home Loans a division of MetLife Bank NA Assignment dated: December 22, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951438 in Book 739 at Page 433 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, MetLife Home Loans a division of MetLife Bank NA "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 2/23/2010 at 10:14 AM RECEIVING 952282 BOOK: 742 PAGE: 855 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hunter 09 -27608 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 28, 2010 issue of said newspaper and ending with the February 18, 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 23, 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 $197,780.98 "Bid Sum which was bid and offered by MetLife Home Loans a division of MetLife Bank NA "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 $2,028.40 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 23, 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 23 day of February 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Doug Rober By: Print Name: Title: Deputy Sheriff e+06856 Certificate of Sale Hunter 09 -27608 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg gn COUNTY OF LINCOLN 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 23 day of February 2010. Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC STATE OF WYOMING 5n Expires 000857 Notary Public Certificate of Sale Hunter 09 -27608 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 November 12, 2008 (the "Mortgage and recorded on November 13, 2008, at Reception No. 943625 in Book 709 at Page 83 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 Jacob T. Hunter "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Metlife Home Loans, a Division of MetLife Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MetLife Home Loans a division of MetLife Bank NA Assignment dated: December 22, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951438 in Book 739 at Page 433 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: U CERTIFIED MAIL NO. NOI: 71786575345000353481 CERTIFIED MAIL NO. FSN: 71786575345000359476 Jacob T. Hunter 190 East 6th Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000353504 CERTIFIED MAIL NO. NOI: 71786575345000353511 CERTIFIED MAIL NO. FSN: 71786575345000359490 CERTIFIED MAIL NO. FSN: 71786575345000359506 MetLife Horne Loans a division of MetLife Bank NA Occupant 4000 Horizon Way Suite 100 190 East 6th Avenue Irving, TX 75063 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 13, 2010 and the date of the first publication of the notice of foreclosure sale was January 28, 2010. COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000858 CERTIFIED MAIL NO. NOI: 71786575345000353498 CERTIFIED MAIL NO. FSN: 71786575345000359483 Jacob T. Hunter P.O. Box 427 Afton, WY 83110 Certificate of Sale Hunter 09 -27608 Page 4 of 7 State of Wyoming County of Natrona My commission expires. COSPkg FURTHER AFFIANT SAYETH NAUGHT. C:47,0' 859 y Dan e BaI• acci Cast e, einhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on )slay of z laua 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Le I Services, LLC. CZ (Si nature o Tit (and 'Ka otarial officer) Certificate of Sale Hunter 09 -27608 Page 5 of 7 WHEREAS curred und thel ber 12, 2008, eX to 4dtt age, le tfo Home Loans,'a D i f gage (the "Martga gage Was executed and gagee, and which Moil Reception€No.494b of the Courity.Clle County Mortgage on 1 total of, ance of $186, ttonYof,this note exp ied PUBLISH: Jan.! KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer. Wyoming aulst m the paymentof principal and interest has oc- skof a*eniisso'ry note (the' Note )dated Novem- cl^ alPiildei veindtiy3aco T t ,ITunter(`1VI ortgagor(s) 2e a for Metlife ife`'B'aC,QN A andia realestatetmort- same daterssectfiring the Note, which Mort veed'by said Mo`rtgagor(s) tb said Mort- e 4 n N 2008,' at g 09`�at fi �'age g in the records ofthe'bffice x'- officio Register of Deeds in and fdr~Lticoln 'j sg,sUls7 a1 tg a�g e was'assignedfor`value as foliowS Assignee MetLtfe Home Loan a, division of MetlIfe B "a°n'k NIN A'ssignnhent dated �Decembeiry 22, 2009 Asstgnineilt4rec6rded January 6, Assignent�recordingiifbiniauon' atR'eceptionN'o 739'at page 433 All�iiithrecdrds 'Yofh'CbtiniyClerkiatidex officio n'andtfor Lei cblb Count t of s aid de1a suit 4 f.?ocee bydth vtoz' been ins'ti WHE a dve ri vide by the Sheriff or, De highest bidder fc 2010 at tile on S age Aven C above described} erty; being LOS`, A TO AFTO] 'ANC ASr' TE 38411 Book COSPkg ister of Deeds tgag obtif�aills a owes of stale +hick by`reason gagee institu declares t e andnor lean ted at law to recover the d mart thereof, nor has any such suit or proceeding unediscb'n >ied, and' otice, of intent to foreclose the Mortgage by been served upon the record owner and the as il 'remises atteast te of this notice., (10) days prior h�3a bl ;cation of sale being the dun con fists Of` the uiipaidp°rin a c rue to the dat of. the fir publr 10214" plus attorneys' fees, co sts late c h a rge' after ;the a 'of first are upon tray be subject to 11 not be'extingui shed a the sale. ies the`status o f title b sub div io o f MetLife Bank ga %o p y b ld' t�»#b"iid'v ue b m andifor Lmco Count, 'o g t th at 9 -gage P 1ication,, the amount o ueuipo n. the DU e ans a is n lYlo a s ley la pro arty to a so a en A min o e 00� o'cloc iii th" "e"fo on February 23, mcoln ,County located Eo hi County, for application on'the red 1 e Ibrigage, said m ortgagedprop- NNINc TO`N E'IAL` LINCOLN COUNTY, WYO- T fcL L 11 ED ON SEP- O 4981 8 "5 `RECORDS 2010 (09- 27608) PUBLISHER'S AFFIDAVIT debt secure EXHIBIT B c,o 8 o NA s, LLC `202 i }0 3 28D KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael 3 ature ROSEMARY CAPELLEN NOTARY PUBLIC County of ry State of Lincoln Wyoming My Commission Expires May 5, 2012 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 consecutive issues /weeks; the first publication being on the day of 4f JfjV1�,1 t- 20 tO and the last publication being on the l 8 day of J.0 )UI 11Tj- 20 Liz and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in m .resence and s.. n to Notary Si Publisher Certificate of Sale Hunter 09 -27608 Page6 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 $2,028.40 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 Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $2,028.40 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 the State of Wyoming and residing therein. FURTHER AFFI T H U T. iletra Ad...■_ 0 ette Bal cl Cas e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona COSPkg My commission expires: CC EXHIBIT C AFFIDAVIT OF ATTORNEY SS 650.00 745.00 52.00 8.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 e o 1. v,C This instrument was acknowledged before me on day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Leal Services, LLC. NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA 3 lgn t re of n ana officer) Title (and Flank) Certificate of Sale Hunter 09 -27608 Page 7 of 7