HomeMy WebLinkAbout952511NOTE: TH being recorded again to core he
Notary Acknowledgement on the PUblishers Affidavit.
6010918656
333
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CERTIFICATE OF SALE
STATE OF WYOMING
COUNTY OF LINCOLN
M. Shane Johnson of lawful age, being first duly sworn
upon his oath, states and certifies as follows:
SS
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:
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
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
BOOK:
7
PAGE: 506
JEANNE WAGNER
C11 LN COUNTY CLERK, KEMMERER, WY
000714
X0506
RECEIVED 3/11/2010 at 2:22 PM
RECEIVING 952511
BOOK: 743 PAGE: 714
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Bradley 09 -29717
Page 1 of 7
OOtp''15
1CRAi
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, 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 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:
Print Name:
Title:
M. Shane JOhnson
A;
John Stetzenbach
Deputy Sheriff
Certificate of Sale
Bradley 09 -29717
Page 2 of 7
006716
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
CiriMnrrgg Tnr_
"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, 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 9, 2010, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
DAT D at K merer, Lincoln County, State of Wyoming, this
14, day of V 16 ti n 2010.
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M. Shane JOhnson
Sheriff in and for Lincoln County, State
of Wyoming
By: e�
Print me:
Title:
John Stetzenbach
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
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.
Witness my hand and official seal.
COUNTY OF
LINCOLN
SS
Notary Public
SAVANNA L. HAWKFS NOTARY PUBLIC
STATE OF
WNOMING
My Commission Expires
e0)'717
0O 508
Certificate of Sale
Bradley 09 -29717
Page 3 of 7
State of Wyoming
County of Lincoln
This Instrument was acknowledged before
By John Stetzenbach, Deputy Sheriff.
�I..E NOTARY PUBLIC
N"PYOE. tP' STATE OF
UNC;O N sk' I WYOMING
MY COMMISSION EXP I1 DECEM +ER 4, 2.0 39
gnature of Notarial Offic
pires;
me on day of arch, 2010
k ii
A
(S
M
1
0,-00718
STATE OF WYOMING
COUNTY OF NATRONA
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
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.
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
(,0 .)509
CERTIFIED MAIL NO. NOI: 71786575345000361783
CERTIFIED MAIL NO. FSN: 71786575345000369956
Benjamin L. Bradley Jr.
PO BOX 1186
Hayesville, NC 28904
00"719
Certificate of Sale
Bradley 09 -29717
Page 4 of 7
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
Castle, Meinhold, Stawiarski Legal Services, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
21 day of Mai 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
notarial officer)
Title (and Rank)
My commission expires:CC f S� 2_o3
N PUBLIC
AMBER D. HODGES
STATE OF WYOMING
COUNTY OP NATRONA
ommission E rss 05 2013
1
e0
Certificate of Sale
Bradley 09 -29717
Page 5 of 7
currea 7under
13� 2,108,
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n+n
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6
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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EXHIBIT B
PUBLISHER' AFFIDAVIT
Fr li andnterest has oc-
(t
enia `Notet dated,Ivlarch
in L.a Bradley Jr.
stration.Systeths Inc., a�
la te thi rt ge (the "Mott
h?lvlfoitgage t a!y�executed
dg`'agee, "aTd which MdrC
tton No 9 tnhBook
my 1e`r 4
tate Wy g
eptio&No. 941.656'in3Book
Deeds
anon
ue, n�dno
ebured
eeding
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 11
day of J L k i71,i.ZO11L 20J
and the last publication being on the '-t
day of
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jen blisher
Subscribed in my presence and sworn to
before me on this day of
h.(1 A.D. I a
Jensen, Publi•h
1, J.._
Notary Si. ture
000721
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20_10_;
Certificate of Sale
Bradley 09 -29717
Page 6 of 7
FORECI�QSrURE SA.E, NOTICE
default inwthh payment of principal and:interest -h'as oc-
curred under the teams of, a,prornissory npte +(the "Note') dated March
13, 2008 and deltvered�b} en�amin Bradley Jr.
r 1V n gbr(s) to Ortgage�Etectr m
onic egistration Systes, Inc., as
'no ne foi t th t age 05.Y mortgage (the 'Mort
gage"). iS te rd sarni; securing the Note, w hiclitmortgagewwasexecuted
and delivi=i d ny said M 'r( 7, tin� VMbrrgagee, atid. which Mart-
:gagewastecoxdedonl lgrcbs� ,4200 td e� epttoi:,;NO:4937. 9JnB
689 at Page 662, tlte'recta ds I; the offi of the Coin x C,le k land ex,
��or ".�nc4�n,County,: bming;
was assi'gt<dbr valueas follows
Assignee ^t`Ctti
Assig i ii itt =ciate�i!
AssignmentErecord
Assignment record
740, at Page 333
All in the
.s
nt and to]
"s/lit
of' saiddeft
s; �t +or pprod
by the>1
been'ins
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Itenmmerer, Wyoming
tiop tat'.Receptiono 95,1653 in -Book
cio,Registe of Deeds
e which by rea son
4,ve hecomd opera atitl o
EXHIBIT B
p iiB]Li6}IERS AFFIDAVIT
ROSEMARY CAPELLEN NOTARY PUBLIC
County d 3nu; Stete of
Lincoln Wyoming
My Commission Expires Way 5, 2012
Michael Jens-` ublisher
ature
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 11
day of JAZI1C0.!d-
and the last publication being on the 4
day of �a3t 1 20 6 0
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
befor this 4 day of
Notary
00i/722
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
tL)
STATE OF WYOMING
COUNTY OF NATRONA
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
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 $2,361.40
as compensation for services actually rendered in the foreclosure proceeding.
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 YETH NAUGHT.
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 ,i.h m 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature otarial officer)
Title (and Rank)
5, 201
600.00
1,128.00
52.00
8.00
455.40
50.00
26.00
11.00
11.00
10.00
10.00
000512
rtifioate of Sale
Bradley 09 -29717
Page 7 of 7