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Home My WebLink About9523626010918605 STATE OF •WYONI!NG C®UNTY OF LINCOLN C ERTIFI CA TE OF SALE SS M. Shane' Johnson of lawful age, being first duly sworn upon his oath, states and'dertifies as fo!fows:: 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 January 8, 2008, executed and delivered by George Hoerner and Barbara Hoerner to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated January 8, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 18, 2008, at Reception No. 936357 in Book 684 at Page 251 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: UNIT 2 OF ROCKY POINT CONDOMINIUMS TOGETHER WITH UNDIVIDED INTEREST IN COMMON ELEMENTS IN ACCORDANCE WITH THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 21, 2006 IN BOOK 624PR ON PAGE 34 AND THE CORRECTED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED AUGUST 24, 2006 IN BOOK 631 PR ON PAGE 423 AND BY THE OFFICIAL PLAT FILED ON JUNE 21, 2006 AS INSTRUMENT NO. 919536 AND ON THE CORRECTED PLAT FILED AUGUST 24, 2006 AS INSTRUMENT NO. 921671 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 1 Fresian Circle Unit 2, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00 CP 228 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: January 8, 2010 Assignment recorded: January 14, 2010 Assignment recording information: at Reception No. 951625 in Book 740 at Page 127 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, BAC Home Loans Servicing, L.P. "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. COSPkg Certificate of Sale RECEIVED 3/2/2010 at 11:33 AM Hoerner 09-28449 RECEIVING 952362 Page 1 of 7 BOOK: 743 PAGE: 228 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Ot 229 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 $141.472.50 "Bid Sum which was bid and offered by BAC Home Loans Servicing, L.P. "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 $1,948.80 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 Sheriff in and for Lincoln County, State of Wyoming By: Print Name: John Stetzenbach Title: M. Shane Johnson Le i Deputy Sheriff Certificate of Sale Hoerner 09 -28449 Page 2of7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by .Tnhn Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 2nd day of March 2010. Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC i• COUNTY OF STATE OF LINCOLN,.{ WYOMING crake.- %Commission Expires 006230 Notary Public Certificate of Sale Hoerner 09 -28449 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 January 8, 2008 (the "Mortgage and recorded on January 18, 2008, at Reception No. 936357 in Book 684 at Page 251 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 George Hoerner and Barbara Hoerner "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: January 8, 2010 Assignment recorded: January 14, 2010 Assignment recording information: at Reception No. 951625 in Book 740 at Page 127 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: 71786575345000361066 CERTIFIED MAIL NO. FSN: 71786575345000364654 George Hoerner 1 Fresian Circle Unit 2 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000361080 CERTIFIED MAIL NO. FSN: 71786575345000364678 George Hoerner 215 Forest Dr Longs, SC 29568 -5804 CERTIFIED MAIL NO. NOI: 71786575345000361103 CERTIFIED MAIL NO. FSN: 71786575345000364692 George Hoerner 730 Charter Drive, Unit F -1 Longs, SC 29568 COSPkg EXHIBIT A e0 SS CERTIFIED MAIL NO. NOI: 71786575345000361073 CERTIFIED MAIL NO. FSN: 71786575345000364661 Barbara Hoerner 1 Fresian Circle Unit 2 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000361097 CERTIFIED MAIL NO. FSN: 71786575345000364685 Barbara Hoerner 215 Forest Dr Longs, SC 29568 -5804 CERTIFIED MAIL NO. NOI: 71786575345000361110 CERTIFIED MAIL NO. FSN: 71786575345000364708 Barbara Hoerner 730 Charter Drive, Unit F -1 Longs, SC 29568 Certificate of Sale Hoerner 09 -28449 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000361127 CERTIFIED MAIL NO. N01: 71786575345000361134 CERTIFIED MAIL NO. FSN: 71786575345000364715 CERTIFIED MAIL NO. FSN: 71786575345000364722 BAC Home Loans Servicing, L.P. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 1 Fresian Circle Unit 2 Simi Valley, CA 93065 -6298 Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 22, 2010 and the date of the first publication of the notice of foreclosure sale was February 4, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Leal Services, LLC. day of My commission expires COSPkg FURTHER AFFIANT SAYETH NAUGHT. nette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 nature of nqt4rial officer) Title (and R) C OO232 Certificate of Sale Hoerner 09 -28449 Page 5 of 7 FOREGI OS i E ALE NOTICE WHEREAS,tlefault t e nt o has o cur; ed. ut der the.t of g p romi s so r y note -(the datetl ,January 8, 2008, e xecuted d "by Georg I= oerner and BatrbaraHHoern "MOrtgngor(s) to Mo B1eetrbt ie 'Registration Systems, Inc., as nominee: for Countrywide Bank, FSB a a r e mortgage (the "Mortg .tbf sam 's ecuring dthezNote,' which" Mortgage was executedand- delivered by, said Mortgagor(s), to said Mortgagee, and'wh ch. Mort was r ecorded on January 18, ,2008, at Recep 93 in'B684tat Page'251 in the re cords "cif�the office of the County Cl and fleitt'officio!Register of'Dee "ds inacid for I ,--',.1P.9 cln Co i i nty 'StateofWyo- ming, and WHEREAS' the mortgage wasassign for value as follows: As BAC'Ti' Servici g; L. P Assignment' dated. ranuary'8, 2010 Assignment`record d anuary 2010 ssig imeiit recording irifoitriation a`Reception No. 951625 in Book' at Page 127 111 in 'therecords of the County Cleik"and ex= officio'Register O1.154 e ,r of s w hi c h by reason become' ope an d ?ndr recover' the debt any such s u i tor proceeding ,60"e' 1111) sfitulet' ahthilreI'aitiO l se h .Mrtgage ,ti the reclu recor t d own th e at leastten (T 0)' days` prior' the amoun du e u i s notice'of sale bein t h e to. tal, 2s f utn fihi si p s. 3,,, f it2 1 8 1 0,5 3 6 7 6:., 0 8 iti4 8 r 3 thp 1 1 2 en y ,s a41 7_ ,_in Oteunre ts,to li nt, esc5 70e 2 0_, 7t.023th, f the�unpaidp bal e date of the first publics- plus attorneys' fees, costs ges� after the;date of` first d upon maybe sub to oth liens and encumbrances that Wil'1 not be exting at 4 the 'sale Any irbspe' utcltaser s hoat)'il es arch tlie'status of title?before 'sub mitting a bid NOW �RBFOREt dome I ba s Servicin L `as the,Mort gagee 1 11 have he Mort BA age d as by lawmp by causing themortgagedk iropei�ty ooeclose to b sol 3 pub ie` by the' Sheriff or Deputy Sheriff `in attthfr Lmcdln (tiunty<, ybit ft ig to the bidr' cash at 10 00 o' clock in the for ion n Mar ch 2; -2010 at`t`li e front °door defor of the I incoln Coi nt Courthou l Sa Avenu e, Kemcrier er, WY, L County, for,ap�pltcation k on the above describe amu secured by the'Mortgage,, said mortgaged`property being d' es e nb o edas nts: secured o wit "r UNIT 2 OF R OCKY POINh CONNDO ra STOG v' Ra WIT KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ON (ELEMENT$WACCOR- bA1 CE WTT `ITiE °DE`CT�`AR"ATTOW'C 'COVENA'NTS CONDI�' TVNWIP a1 STRIG TIONS CORDED JUNE 21',`2006` IN BOOKK 624T'R ONy`PAGE 34 AND THE .CORRECTED DECLARATION OF CO Y9ANTS, CO 's ITIO S 'RESTRICTIONS RECORDED AU 11PR ONNoPAGE i42 'TIE O CIALP1ATt'F1' E T'4.1 021,2006`AS41NSTR�UMENTN 91 AND ON THE CORREC PLAT FILED A`UGT ST 2 "4,` 200'6 AS TNSTRU';MiE"iNT` TO ?9'2r11`671 OF`PI3E RECORDS OF THE LIN- COLNCOUNTY' with'an address of 1 Fresian Circle'Unit 2, Thayne, WY��'831'27. ter with° all- improvements titereon situate'' and all fixtures" acid' BAC Home Loans Servicing, L.P. By: Danette einhold Stawiarski Legal Services, LLC 330 S. Walsh Drive; Ste. 202 Casper, WY 82609 -0000 (30 333 5379 PUBLISH: Feb. 4, 11, 18, 25,'2010 (09-28:449) 0204A COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 000233 KEMMERER, WYOMING nature 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 'Shin WO_ ,20j0_, and the last publication being on the 25 �...TQwffhi day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this /'!day 1 Notary STATE OF WYOMING )ss. COUNTY OF LINCOLN 2 ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln I4 Wyoming My Commission Expires May 5, 2012 Certificate of Sale Hoerner 09 -28449 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 State of Wyoming County of Natrona COSPkg NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA onrnissioj ExEx r Oct OCt/5 EXHIBIT C AFFIDAVIT OF ATTORNEY SS 00i)234 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 $1,948.80 as compensation for services actually rendered in the foreclosure proceeding. f Lure of otarial officer) a /01( Title (and'Rank) My commission expires:/ C(. 5 za/ 3 600.00 622.00 104.00 8.00 496.80 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,948.80 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 A N YET NAUGHT. B !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 -5 day of r b 2010 by Danette Baldacci asrattorney of Castle, Meinhold and Stawiarski L:aI Services LLC. Certificate of Sale Hoerner 09 -28449 Page 7 of 7