HomeMy WebLinkAbout9523616011018705
STATE OF WYOMING
COUNTY OF LINCOLN
COSPkg
CERTIFICATE OF SALE
SS
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 August 16, 2005, executed and delivered by Clark
L. Mosier and Nancy A. Mosier to Converse County Bank and (b) that certain
mortgage dated August 16, 2005 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on August 17, 2005, at Reception No. 910997 in Book 594 at
Page 700 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:
PART OF LOT 2 OF BLOCK 26 OF AFTON TOWNSITE, LINCOLN COUNTY,
WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2 AND
RUNNING THENCE NORTH 7.5 RODS; THENCE EAST TEN RODS; THENCE
SOUTH 7.5 RODS; THENCE WEST TEN RODS TO THE POINT OF
BEGINNING
with an address of 541 Madison, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
000221
Assignee: Mortgage Electronic Registration Systems, Inc. as nominee for Draper and
Kramer Mortgage Corp.
Assignment dated: August 16, 2005
Assignment recorded: August 18, 2005
Assignment recording information: at Reception No. 911048 in Book 594 at Page 895
Assignee: Wells Fargo Bank, N.A.
Assignment dated: October 12, 2009
Assignment recorded: October 16, 2009
Assignment recording information: at Reception No. 950075 in Book 734 at Page 100
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, Wells Fargo 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
RECEIVED 3/2/2010 at 11:29 AM
RECEIVING 952361
BOOK: 743 PAGE: 221
JEANNE WAC --k" P
LINCOLN COUNTY CLERK, r.,v„ JIERER, WY
Certificate of Sale
Mosier 10 -00329
Page 1 of 7
000222
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 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
$132,909.73 "Bid Sum which was bid and offered by Wells Fargo 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 $1,991.80 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.
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Title:
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:�t,
Print fume: John Stetzenbach
Deputy Sheriff
Certificate of Sale
Mosier 10 -00329
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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SAVANNA L. HAe' S NOTARY PUBLIC
COUNTY OF
LINCOLN
My Commission Expires
1:
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this 2nd day of
March 2010
Witness my hand and official seal.
STATE OF
WYOMING
Notary Public
Certificate of Sale
Mosier 10 -00329
Page 3 of 7
e 0223
STATE OF WYOMING
COUNTY OF NATRONA
CERTIFIED MAIL
CERTIFIED MAIL
Clark L. Mosier
541 Madison
Afton, WY 83110
CERTIFIED MAIL
CERTIFIED MAIL
Clark L. Mosier
P.O. Box 1748
Afton, WY 83110
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AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
NO. N01: 71786575345000357823
NO. FSN: 71786575345000364876
NO. N01: 71786575345000357847
NO. FSN: 71786575345000364890
EXHIBIT A
SS
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 16, 2005 (the "Mortgage and recorded on August 17, 2005, at
Reception No. 910997 in Book 594 at Page 700 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 Clark L. Mosier and Nancy A. Mosier
"Mortgagor(s) the named mortgagor(s), and Converse County Bank is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Mortgage Electronic Registration Systems, Inc. as nominee for Draper
and Kramer Mortgage Corp.
Assignment dated: August 16, 2005
Assignment recorded: August 18, 2005
Assignment recording information: at Reception No. 911048 in Book 594 at Page
895
Assignee: Wells Fargo Bank, N.A.
Assignment dated: October 12, 2009
Assignment recorded: October 16, 2009
Assignment recording information: at Reception No. 950075 in Book 734 at Page
100
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
CERTIFIED MAIL
Nancy A. Mosier
541 Madison
Afton, WY 83110
CERTIFIED MAIL
CERTIFIED MAIL
Nancy A. Mosier
P.O. Box 1748
Afton, WY 83110
NO. N01: 71786575345000357830
NO. FSN: 71786575345000364883
NO. N01: 71786575345000357854
NO. FSN: 71786575345000364906
C% 224
Certificate of Sale
Mosier 10 -00329
Page 4of7
CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71786575345000357861
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71786575345000364913
Wells Fargo Bank, N.A. Occupant
3476 Stateview Blvd 541 Madison
Fort Mill, SC 29715 Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000357878
CERTIFIED MAIL NO. FSN: 71786575345000364920
State Farm Bank, F.S.B.
One State Farm Plaza
Bloomington, IL 61710
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
FURTHER AFFIANT SAYETH NAUGHT.
13 4-1D nette :'.dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
95day of f 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Lddal Services LLC.
Title (an Rank)
My commission expires/WA" e p
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NOW PURUC
MOR STATE T O N G s
COUNTY Of p 13
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nota'ial officer
Certificate of Sale
Mosier 10 -00329
Page 5 of 7
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ereof n $r as chxrsuit r o procee
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once ®fit gthae.
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arges after the date 'of first
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�e mortgage was a f or value as follows:
Asigliee ortgage,Electro�nic Reg Systems,: Inc. as no
ee for Draper and TKramer Mortga g C orp.
Assignmentdated August 2005.,
Assignment Ie'corded, u8 s1�ti
ari`o nin`' n d itinn" a ecention• in Bo:
Assignment recur
594 at Page 895
t st n e' Wells Far;
t
eat' dated'
ssign nt recd
ssignment recd'
ale 1
,expended and accruing interest an
publicaGt u of th� srnoticeiof sale
tAS, The `property'
other liens: and encumbrail
Any prospective purchaser s
niitthg a bid;:'
T
wwl
,rnort
door
PUBLISH Feb.. 4
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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PUBLISHER'S AFFIDAVIT
or
•eelosed upon may be °subject;to
Hot. be extinguished'a the sale.
the' status of title before sub,
N.A., as the Mortgagee,
ovided by causing• the
eriff'orDeputy
bidder for
forenoon on' h" 2,> 2010 at the front
house locatedat,925 Sage' Avenue,
l 4tton on t e above, de
o rtgaied pr'oppilerty'being de
TOWNSITE, LINCOLN
CULARLY DESCRIBED.
RN E ROF SAID LOT
THENCE E TEN
ST TENRODS TO
1.A.
dacci
i ces, LLC
nve, Ste. 202
r, WY 82609 -0000
(307) 333,537
,.;2010 (10,003i 02040
EXHIBIT B
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 4
day of 3 LUX c 20�,
and the last publication being on the 7-
letAttal. 20 W
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
day of
k
Michael 3 -n, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of u State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this ZS day of
obli
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
by clis,l Jense., Publi -,er.
t1 +11A A. A 11(
Notary Sig re
00i1226
Certificate of Sale
Mosier 10 -00329
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Publication Cost
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
State of Wyoming
County of Natrona
-95day of
NOTARY PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
M Commission Ex •'nos Oct 06 2013
My commission expires&
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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 $1,991.80
as compensation for services actually rendered in the foreclosure proceeding.
Ot otuMINki
NTY OF NATRONA
Sion Es ires Oct OS 2013
700.00
599.00
78.00
496.80
50.00
26.00
11.00
11.00
10.00
10.00
Total $1,991.80
C C »227
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' YETK NAUGHT.
a inum
anette B: dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2010 by Danette Baldacci as a rney of Castle,
Meinhold and Stawiarski Le Servi 71LC
Certificate of Sale
Mosier 10 -00329
Page 7 of 7