HomeMy WebLinkAbout9525726010918031
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000050
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 31, 2007, executed and delivered by
Daisha L. Inman to Mortgage Electronic Registration Systems, Inc., as nominee
for Twin City Bank and (b) that certain mortgage dated August 31, 2007 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on September 6, 2007,
at Reception No. 932906 in Book 671 at Page 400 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:
THAT PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK
OF LINCOLN COUNTY IN BOOK 113 OF PHOTOSTATIC RECORDS ON
PAGE 190, IT BEING THE INTENT TO REDESCRIBE THAT TRACT OF
RECORD IN THE SAID OFFICE IN BOOK 145 OF PHOTOSTATIC RECORDS
ON PAGE 670, BEING PART OF LOT 2 OF BLOCK 2 OF THE ORIGINAL
TOWNSITE OF AFTON WITHIN THE N1/2 OF SECTION 30, T32N, R118W,
LINCOLN COUNTY, WYOMING, AS FOLLOWS:
BEGINNING AT A COMMON CORNER TO SAID TRACTS OF RECORD IN
BOOK 179 OF PHOTOSTATIC RECORDS ON PAGE 103 AND BOOK 113 OF
PHOTOSTATIC RECORDS ON PAGE 190 ON THE SOUTH RIGHT -OF -WAY
LINE OF FIRST AVENUE, N88 °14'04" W, 82.5 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 2 WHERE FOUND A STEEL T- SHAPED STAKE 24'
LONG WITH METAL CAP INSCRIBED "PAUL N. SCHERBEL RLS164 SURVEY
POINT THENCE S01 °45'56 "W, 132.0 FEET ALONG AN EXISTING FENCE
LINE COMON TO SAID TRACTS OF RECORD IN BOOK 179 AND BOOK 113
TO THE CORNER COMMON TO SAID TRACTS; THENCE N88 °14'04 "W, 121.0
FEET ALONG AN EXISTING FENCE LINE COMMON TO THE SAID TRACT OF
RECORD IN BOOK 113 AND THAT TRACT OF RECORD IN SAID OFFICE IN
BOOK 135 OF PHOTOSTATIC RECORDS ON PAGE 322; THENCE
N05 °27'56 "E, 132.3 FEET ALONG AN EXISTING FENCE LINE TO AN
INTERSECTION CORNER WITH THE NORTH LINE OF SAID TRACT OF
RECORD IN BOOK 113 AND COMMON TO SAID SOUTH RIGHT -OF -WAY
LINE; THENCE S88 °14'04 "E, 112.46 FEET ALONG SAID NORTH LINE
COMMON TO SAID SOUTH RIGHT -OF -WAY LINE TO THE CORNER OF
BEGINNING
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with an address of 320 1st Avenue, Afton, WY 83110
Together with all improvements thereon situate
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Nationstar Mortgage, LLC
Assignment dated: January 7, 2010
Assignment recorded: January 22, 2010
and
RECEIVED 3/16/2010 at 10:39 AM
RECEIVING 952572
BOOK: 744 PAGE: 50
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Inman 09 -29339
Page 1 of 7
Assignment recording information: at Reception No. 951780 in Book 740 at Page
781
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, Nationstar Mortgage, LLC
"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.
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 18, 2010 issue of
said newspaper and ending with the March 11, 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 16, 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
$271,304.85 "Bid Sum which was bid and offered by Nationstar Mortgage,
LLC "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 $1,491.00 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)
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Certificate of Sale
Inman 09 -29339
Page 2 of 7
4,0052
months and thirty (30) days from and after March 16, 2010, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
16 day of March 2010.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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DATED at Kemmerer, Lincoln County, State of Wyoming, this
ACKNOWLEDGMENT
SS
Witness my hand and official seal.
SAVANNA L. NAMES NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYO ING
My Commission Expires
M. Shane JOhnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
Title:
N ota
Public
Bart Julander
Deputy Sheriff
The foregoing instrument was subscribed in my presence and
acknowledged before me by Bart Julander
Deputy Sheriff of Lincoln County, State of Wyoming, this 16 day of
March 2010.
Certificate of Sale
Inman 09 -29339
Page 3 of 7
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
August 31, 2007 (the "Mortgage and recorded on September 6, 2007, at
Reception No. 932906 in Book 671 at Page 400 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 Daisha L. Inman "Mortgagor(s) the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Twin City Bank is the named mortgagee, which Mortgage was assigned for
value as follows:
Assignee: Nationstar Mortgage, LLC
Assignment dated: January 7, 2010
Assignment recorded: January 22, 2010
Assignment recording information: at Reception No. 951780 in Book 740 at Page
781
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: 71786575345000368041
CERTIFIED MAIL NO. FSN: 71786575345000375896
Daisha L. Inman
320 1st Avenue
Afton, WY 83110
CERTIFIED MAIL NO. NOI: 71786575345000368065 CERTIFIED MAIL NO. NOI: 71786575345000368072
CERTIFIED MAIL NO. FSN: 71786575345000375919 CERTIFIED MAIL NO. FSN: 71786575345000375926
Nationstar Mortgage, LLC Occupant
350 Highland Dr. 320 1st Avenue
Lewisville, TX 75067 Afton, WY 83110
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 2, 2010 and the date of the first publication of the
notice of foreclosure sale was February 18, 2010.
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
00 ;0053
CERTIFIED MAIL NO. NOI: 71786575345000368058
CERTIFIED MAIL NO. FSN: 71786575345000375902
Daisha L. Inman
PO Box 1703
Afton, WY 83110
Certificate of Sale
Inman 09 -29339
Page 4of7
State of Wyoming
County of Natrona
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
By anette Bale ci
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 MO tC h 2010 by Danette Baldacci s attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
Title (and R. nk)
C zo
NOTARY PUBLIC
AMBER 0. HODGES
STATE OF WYOMING
COUNTY OF NATRONA
M Conynisaion E ns Oct OS 2013
000054
Certificate of Sale
Inman 09 -29339
Page 5 of 7
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AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
e,reco'r
PUBLISHER'S AFFIDAVIT
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aox of �thetincoln
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WY;', Lincoln
noun ksevcured by the
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EXHIBIT B
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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 consecutive issues /weeks;
the first publication being on the Ii3
day of
kji Lhti coy 2 0 10
and the last publication being on the 11
\-0\ day of 6.31_61J___, 20 11)
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBUC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this I day of
"-'YY\ coLLt.. q A. D.
Notary Si
Michael Jen Publisher
000055
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Certificate of Sale
Inman 09 -29339
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
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Attorney Fees (Foreclosure)
Statutory Notice Fee
Record AOM
Publication Costs
FTP Update
Conduct Sale
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
EXHIBIT C
AFFIDAVIT OF ATTORNEY 000056
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 $1,491.00
as compensation for services actually rendered in the foreclosure proceeding.
ure of n ial officer)
>y eu.bfrc_
Title (and Rbnk)
My commission expires:0 (r J. 06 IS
600.00
52.00
11.00
621.00
100.00
50.00
26.00
11.00
10.00
10.00
Total $1,491.00
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 AFFfANT A YET NAUGHT.
4.-1444
Danette acci
tle, 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 4M(, A/6 2010 by Danette Baldacci as torney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
NOTARY PUBLIC
AMBER D. MODGES
STATE OF WYOMING
COUNTY OF NATRONA
M Commission tea t OS 2013
Certificate of Sale
Inman 09 -29339
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