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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. COSPkg 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: COSPkg 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 COSPkg 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 COSPkg NOW PURUC MOR STATE T O N G s COUNTY Of p 13 M Commission E 000225 nota'ial officer Certificate of Sale Mosier 10 -00329 Page 5 of 7 appurten B ook ex-off scribed casi# iPART o COUNTTY, A'FO` O 0 I 2'R RO DS; Tif THEE POTN t� f �iga1 an interest has o dated�Augu o ied' ancyA. Mos' eat estate nortg which Mortga� a h r;�ttSaQaK`a, �gagee, eption records of the office of the Coil w s in and for Lincoln County, S ta a) po`werkSf salewhich byrea 1� v b operative, and i itu ed t aw'to recover the debt sec ereof n $r as chxrsuit r o procee rsoontinued,' n e ownar e i s at�ileast ten (10),days p, 1 irl the amour', a ®on the once ®fit gthae. i YnIIA tl Y M 0 W B bal- e hca- y "costs arges after the date 'of first 9 Cler of �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 COSPkg 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& COSPkg 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