HomeMy WebLinkAbout9524376010918656
STATE OF WYOMING
COUNTY OF LINCOLN
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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.
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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:
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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
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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.
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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
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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
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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
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