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Home My WebLink About9525736010918515 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE M. Shane Johnson SS 000457 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 September 29, 2008, executed and delivered by Jeffrey E. Pearson and Carolyn E. Pearson to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. and (b) that certain mortgage dated September 29, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 1, 2008, at Reception No. 942613 in Book 706 at Page 133 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: A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 31 NORTH, RANGE 118 WEST OF THE 6 P.M., LINCOLN COUNTY, WYOMING, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A LARGE SPIKE MARKING A POINT IN THE SECTION LINE DIVIDING SECTION 7 AND 18 IN SAID TOWNSHIP, SAID POINT BEING SOUTH 89 °15'37" WEST, 446.77 FEET FROM THE QUARTER CORNER ON SAID DIVIDING LINE; THENCE RUNNING NORTH 89 °15'37" EAST, 111.62 FEET TO A SPIKE SET IN THE WESTERLY LINE OF HIGHWAY U.S. 89 (STATE PROJECT SCP 7033 FAP ROUTE 10 -3) 150 FEET WIDE; THENCE SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE LEFT, HAVING A RADIUS OF 3894.72 FEET, THROUGH A CENTRAL ANGLE OF 5 °03'24" AN ARC DISTANCE OF 343.73 FEET TO AN IRON PIPE SET; THENCE LEAVING SAID HIGHWAY AND RUNNING WEST 148.90 FEET TO AN IRON PIPE; THENCE NORTH 340.16 FEET TO THE POINT OF BEGINNING with an address of 2772 Dry Creek Road, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 23, 2009 Assignment recorded: December 2, 2009 Assignment recording information: at Reception No. 950852 in Book 737 at Page 317 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. RECEIVED 3/16/2010 at 10:45 AM RECEIVING 952573 BOOK: 744 PAGE: 57 JEANNE WAC=NPR LINCOLN COUNTY CLERK --m ,..,UIERER, WY Certificate of Sale Pearson 09 -25818 Page 1 of 7 O0 ®58 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. 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 $202,888.20 "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 $2,192.20 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 16, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Pearson 09 -25818 Page 2 of 7 000059 DATED at Kemmerer, Lincoln County, State of Wyoming, this 16 day of March 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. SAVANNA L. HAM NOTARY F I. C COUNTY OF j t r i SEAR Of LINCOLN tr uV OMIFIG Co I .21.111 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Bart Julander Title: Deputy Sheriff ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julaner Deputy Sheriff of Lincoln County, State of Wyoming, this 16 day of March 2010. Certificate of Sale Pearson 09 -25818 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 September 29, 2008 (the "Mortgage and recorded on October 1, 2008, at Reception No. 942613 in Book 706 at Page 133 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 Jeffrey E. Pearson and Carolyn E. Pearson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 23, 2009 Assignment recorded: December 2, 2009 Assignment recording information: at Reception No. 950852 in Book 737 at Page 317 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: 71786575345000369505 CERTIFIED MAIL NO. FSN: 71786575345000375582 Jeffrey E. Pearson 2772 Dry Creek Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000369529 CERTIFIED MAIL NO. FSN: 71786575345000375605 Jeffrey E. Pearson 2772 Dry Creek Rd Afton, WY 83110 -9761 CERTIFIED MAIL NO. NOI: 71786575345000369543 CERTIFIED MAIL NO. FSN: 71786575345000375629 Jeffrey E. Pearson P. O. Box 4446 Bedford, WY 83112 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00u 060 CERTIFIED MAIL NO. NOI: 71786575345000369512 CERTIFIED MAIL NO. FSN: 71786575345000375599 Carolyn E. Pearson 2772 Dry Creek Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000369536 CERTIFIED MAIL NO. FSN: 71786575345000375612 Carolyn E. Pearson 2772 Dry Creek Rd Afton, WY 83110 -9761 CERTIFIED MAIL NO. NOI: 71786575345000369550 CERTIFIED MAIL NO. FSN: 71786575345000375636 Carolyn E. Pearson P. O. Box 4446 Bedford, WY 83112 Certificate of Sale Pearson 09 -25818 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000369567 CERTIFIED MAIL NO. FSN: 71786575345000375650 Jeffrey E. Pearson 4091 Highway 241 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000369581 CERTIFIED MAIL NO. NOI: 71786575345000369598 CERTIFIED MAIL NO. FSN: 71786575345000375667 CERTIFIED MAIL NO. FSN: 71786575345000375674 BAC Home Loans Servicing, L.P. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 2772 Dry Creek Road Simi Valley, CA 93065 -6298 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 3, 2010 and the date of the first publication of the notice of foreclosure sale was February 18, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of vt \l 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servic s, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. N01: 71786575345000369574 CERTIFIED MAIL NO. FSN: 71786575345000375643 Carolyn E. Pearson 4091 Highway 241 Afton, WY 83110 By: Janette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Si gnt o#�otari -o officer) Title (and Rank) My commission expiresO( J ZO AM BER D HO STATE OF WYOMING COUNTY OF NATRONA M Commission Ex Oct Od 2013 Certificate of Sale Pearson 09 -25818 Page 5 of 7 oft U �u and interest has�oc ;d ated, Septem- E P arson and C aro1yn E onicReg iStration Systems, age'C rp areal ec tithe: 'b te, it a rt grag or(s),; to on October 7,`:2008 intherecords of the bf and for. ue asfc flows. ex offic�o�Regi'ste 9'50 ins Cc W Assignee l ssignment, da sign ient re Assgnmentr'ecording v73,7 at Page 317' All in theTecorc in ;and; for Lincoln WHEREAS`; the 1V�o tgage contains power q ;ale which l7Y reason of said defaultillf Mcirtgagee teclaresOto ha bec meioperatiue .and; noc advertiseiri wHER, EA suit orproceeding has'been'instituted at laW to recover'the:de`btsecured by °the Mortgag "e r --part thereof, nor l as any stichsuitorprooeeding been instituted' +ands a 4 s on tmtied; and £orecIi n A the' sd at °lei d•the sine tice .O Gas other' lien Anypros tt with an addres's of. Together with ally appurtenances thereto. Taci ortgage by r and the y1 Lays rior upon the being the i aaLba1- date of the =first ptiblica u lsattomeyys' fees, costs` es after the'date of first on ma? to a e Lineolr Lincoln <secured �by the follows, ,to-W ita A PORTION; ST QUARTER.O WEST' o SECTI KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT ook Beds e:subject to at *sale. eforeksub- P.,as�the;Mort rove d byicausing 1.Sheriff orDeputy t bidder for x'10 at t)'hi front door`:' ageAvenue,,Kemmerer d' <a ove describemounts` tbeing'described as RANGE ,4 THE. FATE. 173;F'EETTO;' T WAY.AND ;NORTH` Trxtures and rBAC Home'I oans Servici L.P. By Danette Baldacci e Meinhold &Stu larski Legal Serv 330TS. Walsh: Drive,• Ste.. 202 `riper 82609 -0000' (3 3 33 5379 (04:1,8 EXHIBIT B KEMMERER, WYOMING 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 1g day of LI"Awl a. k 20_, and the last publication being ng on the 11 day of 20 i0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Notary Michael Jens•ublisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming i MyCommission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 11 day of 0 r( 000062 STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Pearson 09 -25818 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 000063 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 $2,192.20 as compensation for services actually rendered in the foreclosure proceeding. 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 650.00 745.00 130.00 11.00 538.20 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,192.20 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 AF IANT S TH NAUGHT. A, litid.4111111■ i By Dinette Bald -1 Ca e, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona Title and My commission expires:00 j I COSPkg This instrument was acknowledged before me on 1/ day of (lCt v V\ 2010 by Danette Baldacci as orney of Castle, Meinhold and Stawiarski Legal Service LLC. NOTARY PUNIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission X. peg Oct 05 .4_ icate of Sale Pearson 09 -25818 Page 7 of 7