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HomeMy WebLinkAbout9525746011018733 C O r Cr: t• M Oei c R CO CT H OC a K. Shane John of lawful age, being first duly sworn Y .4* Y upon his oath, states and certifies as follows: STATE' OF WYOMING' COUNTY OF LIhJC'O'f_:1\! CERTIFICATE OF SALE SS O0 &064 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 November 29, 2007, executed and delivered by Julio Tijerina to Wells Fargo Financial Wyoming, Inc. and (b) that certain mortgage dated November 29, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 5, 2007, at Reception No. 935371 in Book 680 at Page 455 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 NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 32 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 006' EAST, 893.18 FEET AND SOUTH 8954' WEST, 50 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 24, SAID POINT BEING LOCATED ON THE WEST RIGHT OF WAY LINE OF HIGHWAY U.S. 89 NORTH AND RUNNING SOUTH 006' EAST, ALONG SAID WEST RIGHT OF WAY LINE OF HIGHWAY U.S. 89 NORTH AND RUNNING SOUTH 006' EAST, ALONG SAID RIGHT OF WAY LINE, 133.77 FEET; THENCE SOUTH 8949' WEST, 477.80 FEET; THENCE NORTH 006' WEST, 134.47 FEET; THENCE NORTH 8954' •EAST, 477.80 FEET TO THE POINT OF BEGINNING. ALSO ALL LANDS LYING EAST OF THAT TRACT OF RECORD IN BOOK 130PR ON PAGE 286 OF LINCOLN COUNTY PUBLIC RECORDS AND WEST OF THE EAST BOUNDARY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 32 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMNG with an address of 810 Washington Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, Wells Fargo Financial Wyoming, 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. COSPkg RECEIVED 3/16/2010 at 10:49 AM RECEIVING 952574 BOOK: 744 PAGE: 64 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Tijerina 10 -01350 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 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 $120,000.00 "Bid Sum which was bid and offered by Wells Fargo Financial Wyoming, 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 $2,075.20 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 16ttday of March 2010. COSPkg M. Shane JOhnson 005065 Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: Bart Julander Deputy Sheriff Certificate of Sale Tijerina 10 -01350 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 15th day of March 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. HAKES NOTARY PUBLIC COUNTY OF LINCOLN Notary Public My Commission Fxpirec 00i3©66 Certificate of Sale Tijerina 10 -01350 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71786575345000366863 CERTIFIED MAIL NO. FSN: 71786575345000375858 Julio Tijerina 810 Washington Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Financial Wyoming, Inc 3476 Stateview Blvd Fort Mill, SC 29715 CERTIFIED MAIL NO. NOI: 71786575345000366894 CERTIFIED MAIL NO. FSN: 71786575345000375889 Lincoln County Treasurer 925 Sale Avenue, Suite 104 Kemmerer, WY 83101 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 November 29, 2007 (the "Mortgage and recorded on December 5, 2007, at Reception No. 935371 in Book 680 at Page 455 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 Julio Tijerina "Mortgagor(s) the named mortgagor(s), and Wells Fargo Financial Wyoming, Inc. is the named mortgagee. 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: 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 1, 2010 and the date of the first publication of the notice of foreclosure sale was February 18, 2010. C90 X06 7 CERTIFIED MAIL NO. NOI: 71786575345000366870 CERTIFIED MAIL NO. FSN: 71786575345000375865 Julio Tijerina 3216 Sycamore Avenue McCallen, TX 78501 -6638 CERTIFIED MAIL NO. NOI: 71786575345000366887 CERTIFIED MAIL NO. FSN: 71786575345000375872 Occupant 810 Washington Avenue Afton, WY 83110 Certificate of Sale Tijerina 10 -01350 Page 4 of 7 State of Wyoming County of Natrona This (I day of (Vla.,re e Meinhold and Stawiarski My commission expires:: COSPkg FURTHER AFFIANT SAYETH NAUGHT. jig anette Ba acci C- tle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Legal Services, LLC. n ture of notarial officer) Title (and Rank) 2J(3‘ 006068 Certificate of Sale Tijerina 10 -01350 Page 5 of 7 'Cl ono e publlcatio other liens° Any prospt r) 13 2 of s tshi1 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming gc11 te� o ga, isno ^anra 1'oget e w appurtenances Dint o cover r sucbs crecards t ens oftheBast east (riai ter °oNorthe ast Qua er o Seci COSPkg oath 89°54' said point 89 North ine of High- r ght ofway th ence, North eet to the,Point R •pn; page undary+line n 24, Town -i yoanng 0. xtares,and EXHIBIT B PUBLISHER'S AFFIDAVIT ica-- day of 00 069 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 t p .J1 a s 20 U and the last publication being on the 9 I day of '1 20 I and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) kL. ROSEMARY CAPELLEN NOTARY PUBLIC County of ;a State of Lincoln Wyoming Commission Expires May 5, 2012 Michael J n, Publisher Subscribed in my presence and sworn to before me on this 1 I day of Ct) A.D., 20 is �f a /f_ it ichael Jensen, Publi. -r Notary ature STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Tijerina 10 -01350 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING SS COUNTY OF NATRONA e0 070 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 $2,075.20 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Costs Total 600.00 847.00 52.00 469.20 50.00 26.00 11.00 10.00 10.00 $2,075.20 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 AFF NT A ETH NAUGHT. State of Wyoming County of Natrona anette Bal 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 1/ day of ,(r 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. gnature of notarial officer) 1J( b\ c Title (and ank) My commission expires:36 -'5 Certificate of Sale Tijerina 10 -01350 Page 7 of 7