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HomeMy WebLinkAbout9522836010918622 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE S S 000862 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 September 9, 2008, executed and delivered by Arel Lynn Hunt and Patty Lynn Hunt to Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc. DBA Lending Tree Loans and (b) that certain mortgage dated September 9, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 17, 2008, at Reception No. 942310 in Book 705 at Page 97 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: That part of the NE1 /4NE1/4 of Section 36, T32N, R 119W, within the incorporated limits of the Town of Afton, Lincoln County, Wyoming, being part of that tract of record in the office of the Clerk of Lincoln County in Book 210 of Photostatic records on Page 204, it being the intent to more correctly describe that tract of Record in said office in Book 313 of Photostatic records on page 135, as follows: Commencing at a point on the West right -of -way line of U.S. Highway 89 identical with an intersection with the South line of Nield Avenue, S77 degrees 18'36 "W, 159.77 feet from the Northeast corner of said Section 36, found as described in the corner record filed in said office;Thence S 89 degrees 13'18 "W, 185.64 feet, along said South line to a spike on the centerline of that easement of record in said office in Book 278 of Photostatic records on page 82; thence S 89 degrees 13'59 "W, 123.07 feet, along said South line to the point of beginning; thence S 00 degrees 28'09" W, 120.05 feet, along an existing fence line, in part, to a point at a fence corner; thence S 89 degrees 52'22"W, 128.06 feet, along an existing fence line, to the southeast point of Lot 1 of the Ben Nield Addition to the Town of Afton of record in said office as Plat No. 307; thence N 00 degrees 5600 E, 118.65 feet, along the East line of said Lot 1, to the Northeast bathey thereof, on the South line of Nield Avenue; 9 thence N 89 degrees 13'59 "E 127.13 feet, along said South line, to the point of beginning with an address of 72 Nield 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: US Bank, N.A. Assignment dated: December 23, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951441 in Book 739 at Page 436 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. COSPkg RECEIVED 2/23/2010 at 10:16 AM RECEIVING 952283 BOOK: 742 PAGE: 862 JEANNE WAGNER LINCOLN COUNTY CLERI MERER, WY Certificate of Sale Hunt 09 -28663 Page 1 of 7 000863 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, US 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 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 $225,967,03 "Bid Sum which was bid and offered by US 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 $2,238.60 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. COSPkg Certificate of Sale Hunt 09 -28663 Page 2 of 7 e0 864 DATED at Kemmerer, Lincoln County, State of Wyoming, this 23 day of February 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Title: 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 71 day of February 2010. Witness my hand and official seal. 31(i Notary Public SAVANNA L MARES NOTARY PUBLIC COUNTY OF x- STATE OF LINCOLN My Commission Expires Doug Roberts Deputy Sheriff WYOMING Certificate of Sale Hunt 09 -28663 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 September 9, 2008 (the "Mortgage and recorded on September 17, 2008, at Reception No. 942310 in Book 705 at Page 97 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 Arel Lynn Hunt and Patty Lynn Hunt "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc. DBA Lending Tree Loans is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: US Bank, N.A. Assignment dated: December 23, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951441 in Book 739 at Page 436 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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: 71786575345000352712 CERTIFIED MAIL NO. FSN: 71786575345000359803 Arel Lynn Hunt 72 Nield Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000352736 CERTIFIED MAIL NO. FSN: 71786575345000359827 Patty Lynn Hunt 72 Nield Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000352750 CERTIFIED MAIL NO. NOI: 71786575345000352767 CERTIFIED MAIL NO. FSN: 71786575345000359841 CERTIFIED MAIL NO. FSN: 71786575345000359858 US Bank, N.A. Occupant 4801 Frederica Street 72 Nield Avenue Owensboro, KY 42301 Afton, WY 83110 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000352729 CERTIFIED MAIL NO. FSN: 71786575345000359810 Arel Lynn Hunt PO Box 744 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000352743 CERTIFIED MAIL NO. FSN: 71786575345000359834 Patty Lynn Hunt PO Box 744 Afton, WY 83110 0; ,865 Certificate of Sale Hunt 09 -28663 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 12, 2010 and the date of the first publication of the notice of foreclosure sale was January 28, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. ignature of notarial officer) Ain Title (andank) My commission expires: O3C 3 This instrument was acknowledged before me on day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L I Services, LLC. NOTARY PUBLIC AMBER D. MODGES STATE OF WYOMING COUNTY Of NATRONA ttik4A ne acci C le, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 000866 Certificate of Sale Hunt 09 -28663 Page.5 of 7 ksi to AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT 'the tnotgage was assignedw for value as follows: ort ationt at Reception NO 951 closed Ehe records of e8s4tia idfor 1 in Book io.Register o f Deeds hicli,by` reason erstaye, and no e debts secured ro'ceeding ;gage, by 9 prior' .ponithe eing•the 15 1 rbliica- fees costs to of'first �n may.he subject to t) shedtat,tbe sale, fi t eIrfore sul will have the ortg agedpo ty SIfe1'`and for rrcash!at'10:00- o'clock ontrdborlofrtliCe Lincoln e erer, WY, s se ilnts�sec by 'as follows, to if way line�of ,U .S Hiigh- S dfn et of ;Nield'Av- ortheast corner' of corner `record filed' in. said t ®,c on s ne ord° W a,00s ,to a eas y t Aft6 n b ree"o i 1 a u e m y P1 o� 3© '00" E, 118.65- feet, al th` asthni 1, to t�te Northeast bathey on the S uth line of n e of h,li Avenue; sadLot thence N `89 degrees 13$'59, ,127:;13ifeet, aloltg'said South +line, to the;, point of beginning, 8 wi of-e address:'of N 1 jton, Together all unpro. ments.`there on situate„ and p urtenance s A.D 1 by Michael erisen, Pub her. 1 >,i Subscribe bef e me on this 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 ,h day of i 1alma))) 20 f) and the last publication being on the f Sj Michael otary Sign ence and sworn to eO i86'7 day of t 20 V) and that said advertisemen appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) STATE OF WYOMING )ss. COUNTY OF LINCOLN Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County incooln Wyoming Commission Expires May 5, 2012 JS Bank, N.A. :Danette Baldacci gal Services, LLC ite�Ste 202' 82609 0©00 Certificate of Sale 7) 333 5379' Hunt 09 -28663 28663) 0128A Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 State of Wyoming County of Natrona This )day of Meinhold and Stawiarski 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 $2,238.60 as compensation for services actually rendered in the foreclosure proceeding. $2,238.60 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 practi e in the S .te of Wyoming and residing therein. FURTHER A FI' AY'TH A j HT. J anette al acci e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 instrument was acknowledged before me on 2010 by Danette Balda, ci as attorney of Castle, Le I Services, LLC. (Signature of n rial officer) Title (and Ra k) My commission expires (f 51 3 COSPkg NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA 06 13 650.00 802.00 78.00 11.00 579.60 50.00 26.00 11.00 11.00 10.00 10.00 4300868 Certificate of Sale Hunt 09 -28663 Page 7 of 7