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HomeMy WebLinkAbout9530066010918561 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 00Cp6S4 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 June 10, 2008, executed and delivered by Thomas John Robinson to The Bank of Star Valley and (b) that certain mortgage dated June 10, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 16, 2008, at Reception No. 939803 in Book 697 at Page 265 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: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BLOCK 7 OF THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING AND THENCE SOUTH 10 RODS; THENCE EAST 5 RODS; THENCE NORTH 10 RODS; THENCE WEST 5 RODS TO THE POINT OF BEGINNING. with an address of 40 West 2nd Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Academy Mortgage Corporation Assignment dated: June 17, 2008 Assignment recorded: June 18, 2008 Assignment recording information: at Reception No. 939858 in Book 697 at Page 539 Assignee: Wells Fargo Bank, N.A. Assignment dated: February 19, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952379 in Book 743 at Page 255 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 Bank, N.A. "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 4/20/2010 at 10:43 AM RECEIVING 953006 BOOK: 745 PAGE: 684 JEANNE WAGNER LINCOLN COUNTY CLEF MMERER, WY Certificate of Sale Robinson 09 -27089 Page 1 of 7 Oi. 6S5 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 March 25, 2010 issue of said newspaper and ending with the April 15, 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 April 20, 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 $95,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,114.20 is to be paid to Castle, Meinhold, Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after April 20, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 20 day of April 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na Title: John Stetzenbach Deputy Sheriff Certificate of Sale Robinson 09 -27089 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John StetzPnhach Deputy Sheriff of Lincoln County, State of Wyoming, this 20 day of April 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. OWLS NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN i My Commission Expires ACKNOWLEDGMENT C &y6$ SS I `_hit_ k;1 Notary Public Certificate of Sale Robinson 09 -27089 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 June 10, 2008 (the "Mortgage and recorded on June 16, 2008, at Reception No. 939803 in Book 697 at Page 265 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 Thomas John Robinson "Mortgagor(s) the named mortgagor(s), and The Bank of Star Valley is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Academy Mortgage Corporation Assignment dated: June 17, 2008 Assignment recorded: June 18, 2008 Assignment recording information: at Reception No. 939858 in Book 697 at Page 539 Assignee: Wells Fargo Bank, N.A. Assignment dated: February 19, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952379 in Book 743 at Page 255 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: 71786575345000395528 CERTIFIED MAIL NO. FSN: 71786575345000403155 Thomas John Robinson 40 West 2nd Avenue Afton, WY 83110 COSPkg EXHIBIT A SS C.O. ;687 CERTIFIED MAIL NO. NOI: 71786575345000395535 CERTIFIED MAIL NO. FSN: 71786575345000403162 Thomas John Robinson PO BOX 1251 Afton, WY 83110 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71786575345000395542 CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71786575345000403179 Wells Fargo Bank, N.A. Occupant 3476 Stateview Blvd 40 West 2nd Avenue Fort Mill, SC 29715 Afton, WY 83110 Certificate of Sale Robinson 09 -27089 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000395559 CERTIFIED MAIL NO. FSN: 71786575345000403186 Thomas John Robinson PO BOX 976 Thayne, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 9, 2010 and the date of the first publication of the notice of foreclosure sale was March 25, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on f,5day of A 1p-•11 2010 by Danette Baldacci as attorney of Castle, Meinhold and StaWiarski Legal Service, LLC. NOTARY PUSt.uC AMBER D. HOOOE3 STATE OF WYOMING COUNTY OF NATRONA M Commission E rot Oct OS 2013 My commission expires: (Signat re of notarial officer) ry -b) Title (and Rank) C. 00 688 nette Ba dacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Robinson 09 -27089 Page 5 of 7 Register of s eeds an an ;.WHEREAS; tlietmo recor BLi KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg E NOTICE ent of.prnicrpal and interest has` oc bey note'(the "Note dated June 10, rilas JohnRobin §on (``Mortga'gor(s) estate'mortga'ge (the "lvldrtgage which was executed and a% M o r t gagee, and 803 which, lvlortgage e eption No. 939 yin Book 697 at the'Count Clerk ex- officio. Ir Lmoo niCounty, Mate of Wy and; e was assigned"for value as follows e Corporation 008= 2008 ioz at Reception >No. 939858 in Book at Reception No 952379 in Book' lerlk and'ex officio Register of Deeds ins a p ower of sale which' by reason es to have become operative, and no d at ;law to'recov,et the debtsecur'ed� for his any such Butt or proceeding hue ;rand close ithe mortgage. b y e redo d ow en and the feast 1 yssprior' e amount l ane upon the c4 of, snotice of sale being the n ''Consist oflthe unpaid'pringrpal bal- accrued t o the date ofthe f rst p 096 93, plus Ys. f ees costs' elate c harges.a f ter,thetdate of first g:foreclosed upon may be subject to 'vtll be extinguished at the sale. research the status; of title before sub ee ank, N.A., as the Mortgagee, will 1 y law provided by caus the mo rt- fe� venue bytthe Sheriff or Deputy 'Sh er t'tning to the Hi b i dd e r ,for cash at, April 20, 2019 at the frontdoor of ,tb ed ate925Sage,A Kem nerer W secured:' as,follows, ORNERa'OF LOT 1 IN INCOLN COUNTY, WYO UTH 10" RODS; THENCE S; THENCE WEST 5 RODS WY 83110. to and all fixtures and argo,Bank, N:A. an`ette:xBaldacci 'Services' LLC a1 h Driye,/ Ste.'202 Casper, WY 82609 2 0000' (307) 3:33e5379 27089) ,.0325E EXHIBIT B PUBLISHER'S AFFIDAVIT Notary Si fn ture T► I, Mark Tesoro, do hereby, upon my oath, depose and say that I am the General Manager 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 25 day of '-0(*) i i 20 10 and the last publication being on the 1.5: day of a Kemmerer, Wyoming STATE OF WYOMING )ss, County of Lincoln ,20 iO; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signe Ma Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County .mrs a Pee o IV' f Uncai �b Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this t day of A.D. 20 i(j ;O689 Certificate of Sale Robinson 09 -27089 Page 6 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 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 $2,114.20 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost FTP Update Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $2,114.20 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 AFFI SA TH .&U T. D -nette Bal•acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission Ex res Oct 05. 2013 a+raraw.�rr ,ay. EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title (and Rart My commission expires, C 3 Q) 3 700.00 667.00 52.00 8.00 469.20 100.00 50.00 26.00 11.00 11.00 10.00 10.00 :0690 This instrument was acknowledged before me on /Sday of Apr; 1 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servic- LLC. Igri ture of nota al o cer) lc -e� Q u i If(t k) Certificate of Sale Robinson 09 -27089 Page 7 of 7