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HomeMy WebLinkAbout9530086010918625 CERTIFICATE OF SALE STATE OF WYOMING SS 006698 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 July 25, 2007, executed and delivered by David Daley and April Daley to Mortgage Electronic Registration Systems, Inc., as nominee for Quick Loan Funding, Inc. and (b) that certain mortgage dated July 25, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 13, 2007, at Reception No. 932102 in Book 668 at Page 660 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: LOT 98 OF PRATER CANYON ESTATES UNIT 4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 165 Piute Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Arch Bay Holdings, LLC Series 2009C Assignment dated: February 19, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952378 in Book 743 at Page 254 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, Arch Bay Holdings, LLC Series 2009C "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 March 25, 2010 issue of said COSPkg RECEIVED 4/20/2010 at 10:46 AM RECEIVING 953008 BOOK: 745 PAGE: 698 JEANNE WAGNER LINCOLN COUNTY CLE EMMERER, WY Certificate of Sale Daley 09 -28823 Page 1 of 7 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 $161,250.00 "Bid Sum which was bid and offered by Arch Bay Holdings, LLC Series 2009C "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 $1,983.60 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. COSPkg DATED at Kemmerer, Lincoln County, State of Wyoming, this 20 day of April 2010. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: John Stetzenbach Title: Deputy Sheriff Certificate of Sale Daley 09 -28823 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by .Tohn SrPtzenharh Deputy Sheriff of Lincoln County, State of Wyoming, this 20 day of April 2010. My Commission Expires: COSPkg Witness my hand and official seal. )Y9, Ttrnnn.6.-d 'Q D Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF t" STATE OF LINCOLN WYOMING My Commission Expires ACKNOWLEDGMENT SS 47.!'i 0 Certificate of Sale Daley 09 -28823 Page 3 of 7 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE ?1& =701. STATE OF WYOMING SS 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 July 25, 2007 (the "Mortgage and recorded on August 13, 2007, at Reception No. 932102 in Book 668 at Page 660 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 David Daley and April Daley "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quick Loan Funding, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Arch Bay Holdings, LLC Series 2009C Assignment dated: February 19, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952378 in Book 743 at Page 254 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: 71786575345000395467 CERTIFIED MAIL NO. FSN: 71786575345000403469 David Daley 165 Piute Drive Thayne, WY 83127 CERTIFIED MAIL NO. N01: 71786575345000395481 CERTIFIED MAIL NO. FSN: 71786575345000403483 April Daley 165 Piute Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000395504 CERTIFIED MAIL NO. NOI: 71786575345000395511 CERTIFIED MAIL NO. FSN: 71786575345000403490 CERTIFIED MAIL NO. FSN: 71786575345000403506 Arch Bay Holdings, LLC Series 2009C Occupant 1925 W Pinnacle Peak Rd 165 Piute Drive Phoenix, AZ 85027 Thayne, WY 83127 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000395474 CERTIFIED MAIL NO. FSN: 71786575345000403476 David Daley PO Box 3316 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000395498 CERTIFIED MAIL NO. FSN: 71786575345000403513 April Daley PO Box 3316 Alpine, WY 83128 Certificate of Sale Daley 09 -28823 Page 4of7 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. anette Ba cci 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 Apr 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NO PUBLIC AMBER D. HODOES STATE OF WYOMING COUNTY OF NATRONA Won roe Oct 3013 Title (and Rank) My commission expires:06-5 Z6 t5 (Si na tarial officer) Certificate of Sale Daley 09 -28823 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming WHEREAS,,default in the ,payment,4of principal and interest has.oc- curred under,the teams of a protnissory,note (the "Note") dated July 25, X007, executed and, delivereo'by David Daley and April ,Daley Mortgagor(s) to Mortgage Ele Systems Inc., as nominee for .,QuickFLoan.Funding, Iiic and a real estate mortgage,, (the Mortgage o,the same date securing the dote, which Mortgage was executed and del i v ered by said Mortgagot(s); to said Mortgagee, and which Mo rtgage was recorded on AugustN at Reception No in Book 668 at Page 660 in``thhe records o fthe office, of the County Clerk and ,;ex officio Register; of Deeds tn, and for Lincoln County State of Wyo- mmg, acid WHEREAS, the mortgage;, was assigned for value. as, follows: Assignee: Arch Bay }holdings, LLC Series 2609C Assignment dated: February 19, 2010 Assigmnent recorded:,' March 3, 2010 Assignment<recording information: at Reception No. 952378 in Book 7 ,.at Page. All in records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHER`EASx�the M;ortgage,contains a power of sale which by reason of said default, the Mortgagee declaresIto have operati e, ve,, andno suit' or 'proceeding `'has'been instituted' at law` to recover the debt secured by the Mortgage; or any part thereof, nor has any such suit or proceeding been instituted and the sauie,discontmued; „and WHEREAS written notice of intent to foreclose the Mortgage by advertisement and s a'lefhas,lbeen`s'erved upon' the record owner and the party in possessionoi' the inortgage'd lnremiseat least ten (10) days prior to the "commence nentof'this publication "and'the�` louii due upon tire' Mortgage on date of first publication -of this notice of sale being-the' .total sun of $20 &,,244 .18 whichlsum consists of the unpaid principal 'bal .ance of $190,48931iplu.s interest accruedRtt the date` of theifirst publica tion'of this noticein the.amounf of�$17 751.87, plus attorneys' fees;'' costs expended, and'Maccruing merest ai'd late el`largesr'a'fter' the date of: first publieatien of notice o sales r WHEREAS; The .)prbpi'rtyibe i'g foreclosed upon may be subject to other liens and encumbrances that wi1Viiet be extinguished' at the' sale. Any prospective purchaser shouildl "rese'arch`theistatus°of title before sub- mitting'a::bid; i. NOW, TIIEREFOREArch Bay ioldings MO 'Series 2009C, as "the Mortgagee, will ,"have then Mort 'ageu f'oreclosed as .gby law provided by causing the mortgaged prop r"ty be sold` at public venue by °'the Sheri or Deputy Sheriff In and for Lincoln�County, Wyomingt to the' hi bidder for cash at 10:00 o'clock in the forenoon on April 20, 2010 at the front door of the'Lincolif County Courthouse located at '925 Sage Av- enue, Kemmerer,, WY Lincoln Count f on the above -de- scribed amounts secured bytlie "Mortgage, saidTmortgaged property be- in describ as w s to twit LOT 98 OF PRATER CANYON ES TATE S UN 4, LIN COUNTY WYOM`INCS'AS D ON O FFICIAi PLAT THEREOF ad writh O an' di�sio 16 5" Piute Drve,'Thay `W 83127. Togetheir wit ii proveinent thereon; situate an all fixtures and appurtenances thereto Arch Bay Holdings, y LLC Series 2009C B Danette Baldacci Castle, Me innhold Stawiarski Legal Services, LLC 330 S. Walsh Drive Ste.' 202 Ca (307) 333 sper, WY82609 -0000 K2 FUI4LISH: March 25, APril 1, 8, 15, 20,10 (09-28823) EXHIBIT B PUBLISHER'S AFFIDAVIT Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln COSPkg 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 and the last publication being on the it day of aQ ',Al- and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ,20 110 Mark Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Uncohi Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 13 day of 1 11.'t A Tesoro, General Notary Suture j Certificate of Sale Daley 09 -28823 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs NOTARY PUBLIC AMBER 0. HODGES STATE Of WYOMING COUNTY OF NATRONA M Commission E n,s Oct OS. 7013 EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $1,983.60 as compensation for services actually rendered in the foreclosure proceeding. 600.00 757.00 78.00 441.60 50.00 26.00 11.00 10.00 10.00 Total $1,983.60 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. FURTHERAFFIANT A TH N'.UG T. 0004 y: ette Bald- i Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 15 day of 2010 by Danette Baldacci a attorney of Castle, Meinhold and Sta iarski Legal Services LLC. tarial officer) r e of I/ itle (and ank) My commission expires .L Z3 i3 Certificate of Sale Daley 09 -28823 Page 7 of 7