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HomeMy WebLinkAbout9523606010918005 STATE OF WYOMING COUNTY OF LI COLN M. Shane Johnson 2. certain promisso Darwin Kade CI nominee for Firs dated Septembe was executed a recorded on Oct in the records o in and for Lincol certain real prop Assignee: First National Associa Assignment date Assignment reco Assignment reco 314 recover the debt Division of First foreclose the san of the intention tc the party in pos commencement by the affidavit a hereof. COSPkg CERTIFICATE OF SALE SS 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. That a default has occurred under the terms of (a) that note dated September 27, 2006, executed and delivered by nger to Mortgage Electronic Registration Systems, Inc., as Horizon Home Loan Corporation and (b) that certain mortgage 27, 2006 (the "Mortgage securing said note, which Mortgage d delivered by said mortgagor(s), to said mortgagee, and was ber 2, 2006, at Reception No. 922976 in Book 635 at Page 498 the office of the County Clerk and ex- officio Register of Deeds County, State of Wyoming, and which Mortgage covers that rty described below, as follows, to -wit: LO 19 OF STAR VALLEY RANCH PLAT 9, LINCOLN COUNTY, MING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MACH 16, 1976 AS INSTRUMENT NO. 476272 OF THE RE ORDS OF THE LINCOLN COUNTY CLERK wit an address of 432 Walnut Drive, Star Valley Ranch, WY 831 7 To ether with all improvements thereon situate and all f xtures and appurtenances thereto. The mortgage w -s assigned for value as follows: 0214 of lawful age, being first duly sworn Horizon Home Loans, a Division of First Tennessee Bank ion June 5, 2009 ded: June 15, 2009 ding information: at Reception No. 947739 in Book 725 at Page All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, yoming. 3. That no suit or proceeding has been instituted at law to ecured 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 Tennessee Bank National Association "Mortgagee elected to �e and at the request and direction of Mortgagee a written notice foreclose the Mortgage was served upon the record owner and session of said real property at least ten (10) days prior to of the first publication of the foreclosure sale notice, as shown ttached hereto as Exhibit A and by this reference made a part ECEIVED 3/2/2010 at 11:25 AM RECEIVING 952360 BOOK: 743 PAGE: 214 JEANNE WAGNER LI COLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Clinger 09 -11324 Page 1 of 7 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 February 4, 2010 issue of said newspaper and ending with the February 25, 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 March 2, 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 $262,327.86 "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 $2,793.40 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 March 2, 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 2nd day of March 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Title: John Stetzenbach Deputy Sheriff Certificate of Sale Clinger 09 -11324 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this March 2010. My Commission Expires: COSPkg Witness my hand and official seal. r AVANNA L u,;LS NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires ACKNOWLEDGMENT STATE OF WYOMING SS Notary Public 063121.6 presence and 2nd day of tY &I. —AO Certificate of Sale Clinger 09 -11324 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS iChli217 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 27, 2006 (the "Mortgage and recorded on October 2, 2006, at Reception No. 922976 in Book 635 at Page 498 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 Darwin Kade Clinger "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation 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: June 5, 2009 Assignment recorded: June 15, 2009 Assignment recording information: at Reception No. 947739 in Book 725 at Page 314 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: 71786575345000356758 CERTIFIED MAIL NO. FSN: 71786575345000364814 Darwin Kade Clinger 432 Walnut Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 70092250000173273413 CERTIFIED MAIL NO. FSN: 70092250000173273772 First Horizon Home Loans, a Division of First Tennessee Bank National Association 4000 Horizon Way Suite 100 Irving, TX 75063 CERTIFIED MAIL NO. NOI: 71786575345000356789 CERTIFIED MAIL NO. FSN: 71786575345000364845 Darwin Kade Clinger 1687 N. 1450 W. #1 Layton, UT 84041 COSPkg CERTIFIED MAIL NO. CERTIFIED MAIL NO. Darwin Kade Clinger HCR 62 PO Box 7281 Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. Occupant 432 Walnut Drive Star Valley Ranch, WY N01: 71786575345000356765 FSN: 71786575345000364821 83127 N01: 71786575345000356772 FSN: 71786575345000364838 83127 CERTIFIED MAIL NO. NOI: 71786575345000356796 CERTIFIED MAIL NO. FSN: 71786575345000364852 First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 Certificate of Sale Clinger 09 -11324 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000356802 CERTIFIED MAIL NO. FSN: 71786575345000364869 Darwin Kade Clinger 869 West 2075 South Syracuse, UT 84075 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 19, 2010 and the date of the first publication of the notice of foreclosure sale was February 4, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. 1 000 2119 By: Danette 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 Jbn to 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski L al Services, LLC. •n.ture notarial officer) Ti le (an •1' ank) My commission expires 6� g 5/S Certificate of Sale Clinger 09 -11324 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer,' Wyoming ssoGi ibunt du 1I1 a 61 0 ottee of s. rxsis e,unpaid ed to the date of th 429;67,p1usatto A bu rte, reception No. 947739 in Book COSPkg Beds' in and for Lincoln son 1 no reclosed up(S be {`extinguished at the sale. e 'status of titlerbefore•subt, o>'Eirsl t4gthe edrop_ and o'clock County C ifnty, e'Mort- BOUNTY, L PLATTFILED ON OFTHERECORDS e, Star Valley yRanch, WY 83127. ereon situate and to es and 4i )ivision..of)~irst Tennessee'Bank l ationalAssociation y Danette Baldacci iol,d `8 'Stawiarski `Legal "Services, LLC' 30 S. Walsh Drive, Ste. 202 Casper, WY 82609 (307)'333 5379 9 11324)'. 0204B EXHIBIT B PUBLISHER'S AFFIDAVIT 000219 KEMMERER, WYOMING 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 1 consecutive issues/weeks; the first publication being on the 4 day of 4e,bh1LLih.t- ,20 `s() and the last publication being on the 25 day of .)LR.V L'11�.e 20 t 0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Je Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 25 day of Notary Sig STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Clinger 09 -11324 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 $2,793.40 as compensation for services actually rendered in the foreclosure proceeding. COSPkg 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 Publication Cost FSN 1/10 FTP Update Total 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 ETH �VAUGHT. sir By: nette Baldacci 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 5 day of 2010 by Danette Baldacci as att. ney of Castle, Meinhold and Stawiarski Le I Services LLC. My commission expires; EXHIBIT C AFFIDAVIT OF ATTORNEY NoTAp\ PueUc AMBER 0. HODGES STATE Of WYOMING COUNTY OF NATRONA 3 SS 600.00 847.00 182.00 8.00 469.20 50.00 26.00 11.00 11.00 10.00 10.00 469.20 100.00 $2,793.40 4 1/1011P ign ture of PO Title (and Rank) 00(5 rial officer) Certificate of Sale Clinger 09 -11324 Page 7 of 7