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
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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
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