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HomeMy WebLinkAbout9524376010918656 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 March 13, 2008, executed and delivered by Benjamin L. Bradley Jr. to Mortgage Electronic Registration Systems, Inc., as nominee for The Mortgage Co -Op and (b) that certain mortgage dated March 13, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 18, 2008, at Reception No. 937649 in Book 689 at Page 662 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: LOT 31 OF RIVER VIEW MEADOWS ADDITION TO THE TOWN OF ALPINE WITHIN THE SE 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 118 WEST, ACCORDING TO THAT PLAT FILED JULY 2, 1993 AS DOCUMENT NO. 767416 AND MAP NUMBER 264 -B IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 309 Snake River Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00 .:)506 Assignee: CitiMortgage, Inc. Assignment dated: January 8, 2010 Assignment recorded: January 15, 2010 Assignment recording information: at Reception No. 951653 in Book 740 at Page 333 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, CitiMortgage, Inc. "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. RECEIVED 3/9/2010 at 11:58 AM RECEIVING 952437 BOOK: 743 PAGE: 506 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Bradley 09 -29717 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 11, 2010 issue of said newspaper and ending with the March 4, 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 9, 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 $374,279.75 "Bid Sum which was bid and offered by CitiMortgage, Inc. "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 $2,361.40 is to be paid to Castle, Meinhoid, 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 9, 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 9th day of March 2010. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: )46 Print Name: Title: M. Shane JOhnson John Stet'zenbach Deputy Sheriff Certificate of Sale Bradley 09 -29717 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF d3 ''ai STATt OF LINCOLN d }r% j' WYOMING My Commission Expires 000508 The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 9th day of March 2010. Certificate of Sale Bradley 09 -29717 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 March 13, 2008 (the "Mortgage and recorded on March 18, 2008, at Reception No. 937649 in Book 689 at Page 662 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 Benjamin L. Bradley Jr. "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for The Mortgage Co -Op is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: January 8, 2010 Assignment recorded: January 15, 2010 Assignment recording information: at Reception No. 951653 in Book 740 at Page 333 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: 71786575345000361776 CERTIFIED MAIL NO. FSN: 71786575345000369949 Benjamin L. Bradley Jr. 309 Snake River Drive Alpine, WY 83128 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000361783 CERTIFIED MAIL NO. FSN: 71786575345000369956 Benjamin L. Bradley Jr. PO BOX 1186 Hayesville, NC 28904 CERTIFIED MAIL NO. NOI: 71786575345000361790 CERTIFIED MAIL NO. NOI: 71786575345000361806 CERTIFIED MAIL NO. FSN: 71786575345000369963 CERTIFIED MAIL NO. FSN: 71786575345000369970 CitiMortgage, Inc. Occupant 15851 Clayton Road 309 Snake River Drive Ballwin, MO 63011 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 25, 2010 and the date of the first publication of the notice of foreclosure sale was February 11, 2010. Certificate of Sale Bradley 09 -29717 Page4of7 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. ("y 00510 Br: Danet' aldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Lf day of f)(16,(61 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg notarial officer) 111 Title (and Rank) My commission expires:CC BS 2o,3 NOTARY PUi UC AMBER D. HODGES STATE OF WYOM$NG COUNTY OF NATRONA M Commission E rots OS 3013 �1 Certificate of Sale Bradley 09 -29717 Page5of7 0 ptope andf P..T7B' AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, 'Wyoming FO RECLOSURE SALE NOTICE WHEREAS, default intthe payment,of principal and, interest hasoc- curted +under the terms of a promissory note (the `Note dated March 13 2b exec"ii e "d an d e l .v i ete d b4 Benjamin L. Bradley In Jr. M'ortg Y 05„; Iortg� e E l e c tr o nic R S c a g nominee'foi trhetMort'ga an teal e s t ate Yn rt age (the "Mort- gage") of the same 'date` seciihhgfathe N'o`te which Mortgage was executed and.del.'ered by said Mortgagor(s);;to aaidMortgagee, arid Which Mort- gage pus as recorded on M chc.18 2008,• at Reception,No. 937649.in Book 689 at Page`, 6,62 in the records,ofk the office of the County Clerk end .ex off'i`cio Register of D i n ,an d for Lincoln County, State of Wyoming; AS, t he mortgage w as ass for value as follows: ssignee CitiMbrtgage, Inc Assignment `dated: January 8,'2010'' Assignment~ recorded+Janu`ary 15, 2010 Assigiitne#it recording information: at Reception No. 951653 in Book 740;,at Page 3' lip the records of tue County Clerk and ex officio:Register of Deeds ��.and for'Lincoln County Wyoming w REAS, the Mortgage' contains a power of sale which by: reason of s a id d the Mortgagee declares to have become ope rative an d nb su t proceeding has been instituted at lawZto recover d secured byr t he \Mortgage, orianyfpart *thereof, nor`hasiany such suit' or Troceeding .been instituted and the di nite °and l o a e e o l os e earb,' t� k -M� as R ti h�e COSPkg ed may be subject''fo 7e +:extinguished at ;thesa e ,Beth f re sul EXHIBIT B PUBLISHER'S. AFFLDAV_IT llhave aged l0,Ob incoln Li 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 1 i day of J �ilAQ 20� �t and the last publication being on the t day of —1' l& A) 20 0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jens Subscribed in my presence and sworn to before me on this 4 day of Cute er nt! A.D., a 1 ensen, Publi h Notary Si. •ture STATE OF WYOMING )ss. COUNTY OF LINCOLN blisher 1(1 Certificate of Sale Bradley 09 -29717 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C A OF ATTORNEY SS Danette Baldadci; of .IaWful age, tiding 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 $2,361.40 as compensation for services actually rendered in the foreclosure proceeding. State of Wyoming County of Natrona My commission expire 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 Cost (Signature o .notarial officer) f ru c- titiC Title (and Rank) 2-013 600.00 1,128.00 52.00 8.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,361.40 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 AFFIA TSAYETH NAUGHT. log 4a.,1 Danette 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 day of.,re11 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. rtificatk of Sale Bradley 09 -29717 Page 7 of 7