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HomeMy WebLinkAbout9530076011018721 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 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 February 5, 2008, executed and delivered by Bryce M. Billings to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole and (b) that certain mortgage dated February 5, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 11, 2008, at Reception No. 936857 in Book 686 at Page 290 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: COSPkg LOT 49 OF LEON LIVINGSTON SUBDIVISION, AS SHOWN BY THE OFFICIAL PLAT OF SAID SUBDIVISION FILE IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING AND BEING SITUATED IN SECTION 19, TOWNSHIP 37 NORTH, RANGE 118 WEST OF THE SIXTH PRINCIPAL MERIDIAN. with an address of 530 E. Cottage Lane, Alpine, WY 83128 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: February 22, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952376 in Book 743 at Page 252 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, 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 RECEIVED 4/20/2010 at 10:44 AM RECEIVING 953007 BOOK: 745 PAGE: 691 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Billings 10 -01077 Page 1 of 7 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 $250,000.00 "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 $2,199.60 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 Sheriff in and for Lincoln County, State of Wyoming By: Print Na Title: M. Shane Johnson John Stetzenbach Deputy Sheriff 00C/692 Certificate of Sale Billings 10 -01077 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach 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 I. r AWIkLS NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires ACKNOWLEDGMENT SS (1693 t AI 1 AO Notary Public Certificate of Sale Billings 10 -01077 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 February 5, 2008 (the "Mortgage and recorded on February 11, 2008, at Reception No. 936857 in Book 686 at Page 290 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 Bryce M. Billings "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: February 22, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952376 in Book 743 at Page 252 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: 71786575345000394828 CERTIFIED MAIL NO. FSN: 71786575345000403247 Bryce M. Billings 530 E. Cottage Lane Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000394842 CERTIFIED MAIL NO. FSN: 71786575345000403261 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71786575345000394835 CERTIFIED MAIL NO. FSN: Bryce M. Billings 8148 Red Cloud Way West Jordan, UT 84081 COSPkg EXHIBIT A SS 694 CERTIFIED MAIL NO. N01: 71786575345000394835 CERTIFIED MAIL NO. FSN: 71786575345000403254 Bryce M. Billings 765 E 700 S Centerville, UT 84014 -2566 CERTIFIED MAIL NO. NOI: 71786575345000394859 CERTIFIED MAIL NO. FSN: 71786575345000403278 Occupant 530 E. Cottage Lane Alpine, WY 83128 Certificate of Sale Billings 10 -01077 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 8, 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. NOTARY Rustic AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission E •'rss OCt 05 2013 This instrument was acknowledged before me on of Ap 1 2010 by Danette Baldacci asattorney of Castle, Meinhold and Stawiarski Legal Services, LLC I officer) 019\1c.._ Title (and Ranl.4 My commission expires: 51 t3 oo 695 y. Janette B acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Billings 10 -01077 Page5of7 to tc ance 'ti ort a gee, W. d le mort Sherri an! cash t` of the,Li co WY 1Lui o` secured.by! follows" to' 1 000 T* BE 1`18 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming beetutnSt 949,5 ook Register of Deeds e'dafoS betsubjec +£o ed a the "`s h e efore' sub- ed orded: e4,209 ister,of COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT e which by reason cta a operative, and�no recover the debt,secu ays ^prior Pop the nig the inl bal- iub1ica- es COSts t t1 5 e Mort- cga is ng,`. Deputy der for ont door 4 �runerer, founts escriboda' as [OWN°BY iN T$E.yOF- MINOAND ORTH,fRANGE Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 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 •-YYI aiLeia) 20 i and the last publication being on the I day of 20_1.0__; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, General Manager ROSEMARYCAPELLEN NOTARY PUBLIC Comiggif Stated Limegh Wyoming Commission Expires May S, 2012 Subscribed in my presence and sworn to before me on this p day of 1 0 0 696 Certificate of Sale Billings 10 -01077 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 $2,199.60 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 EXHIBIT C AFFIDAVIT OF ATTORNEY SS 700.00 880.00 52.00 8.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,199.60 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 IAN YETH NAUGHT. State of Wyoming County of Natrona y anette Balda Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on /5day of Apr-; 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NOTARY PUBLIC AMBER D. MODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Ex 'yes Oct OS, 2013 c (Signat re of n tarial officer) Title (and Rink) My commission expires:©c) J Zp 1� COSPkg Certificate of Sale Billings 10 -01077 Page7of7 .:-0