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Home My WebLink About9530106010917673 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 May 21, 2007, executed and delivered by Brandon V. Klingler and Kendra D. Klingler to Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc. and (b) that certain mortgage dated May 21, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 31, 2007, at Reception No. 929891 in Book 660 at Page 129 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 112 OF NORDIC RANCHES DIVISION NO. 8, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON OCTOBER 4, 2000 AS INSTRUMENT NO. 868753 OF THE RECORDS OF THE LINCOLN COUNTY CLERK COSPkg with an address of 27 Roan Way, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00+;u712 Assignee: Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007 -2 Novastar Home Equity Loan Asset Backed Certificates, Series 2007 -2 Assignment dated: February 17, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952375 in Book 743 at Page 251 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, Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007 -2 Novastar Home Equity Loan Asset Backed Certificates, Series 2007 -2 "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 10:49 AM RECEIVING 953010 BOOK: 745 PAGE: 712 JEANNE WAGNER LINCOLN COUNTY CLE :MMERER, WY Certificate of Sale Klingler 09 -03968 Page 1 of 7 1 3 713 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 $323,250.13 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007 -2 Novastar Home Equity Loan Asset Backed Certificates, Series 2007 -2 "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 $3,398.90 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 e. Title: At Ailat John Stetzenbach Deputy Sheriff Certificate of Sale Klingler 09 -03968 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg COUNTY OF LINCOLN ACKNOWLEDGMENT SS 7i1.4 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. Witness my hand and official seal. Yom SAVANNA L. HAWKES NOTARY PUBLIC STATE OF ING SUJAOU Notary Public Certificate of Sale Klingler 09 -03968 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 May 21, 2007 (the "Mortgage and recorded on May 31, 2007, at Reception No. 929891 in Book 660 at Page 129 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 Brandon V. Klingler and Kendra D. Klingler "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Novastar Mortgage, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007 -2 Novastar Home Equity Loan Asset Backed Certificates, Series 2007 -2 Assignment dated: February 17, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952375 in Book 743 at Page 251 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. NO1: 71786575345000395627 CERTIFIED MAIL NO. FSN: 71786575345000403193 Brandon V. Klingler 27 Roan Way Etna, WY 83118 CERTIFIED MAIL NO. NOI: 70091680000238574608 CERTIFIED MAIL NO. FSN: 70092820000264283751 Deutsche Bank National Trust Company, as Trustee for the Registered Holders of NovaStar Mortgage Funding Trust, Series 2007 -2 Novastar Horne Equity Loan Asset Backed Certificates, Series 2007 -2 1661 Worthington Road, Suite 100 West Pahn Beach, FL 33409 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000395634 CERTIFIED MAIL NO. FSN: 71786575345000403209 Brandon V. Klingler PO Box 5246 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000395641 CERTIFIED MAIL NO. FSN: 71786575345000403216 Occupant 27 Roan Way Etna, WY 83118 Certificate of Sale Klingler 09 -03968 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000395658 CERTIFIED MAIL NO. FSN: 71786575345000403323 Kendra D. Klingler 27 Roan Way Etna, WY 83118 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUM.IC AMBER D. HODGES STATE OF WYOMING COUNTY OF NA M Commission E 0:4716 CERTIFIED MAIL NO. N01: 71786575345000403230 CERTIFIED MAIL NO. FSN: 71786575345000403230 Scenic Idaho Inc. 27 Roan Way Etna, WY 83118 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. By: nette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on jday of r; 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Ignature of otari I officer) t.cy fi ((c Title (and Rank) My commission expires1.5 Certificate of Sale Klingler 09 -03968 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming )TICE curred un K ",WHEREAS; d efa tit. in thepayinent of prin and interest has oc d'er,.the terms of a promissory note (the x "Note `date`dMay'21, 2007, executed and,deliveredabyytB Klingler "l do Mortga 'ge�Electronic Re Systems Inc n fox Novastar *Mortgage; c anda9Cealiestatermortgage (the Mortgage" ofsthe spat etdate' e'curin the Note, wluch-Mortgage was executed-and rdelivere `d�byd`saidtMortgjagor(s), to sa dMortgagee, and which °Mortgage,was recorded onM 31 2007, at Reception No. 929891 in )3ookr660 a.t Page 129 in the$recordsof °the 9office ;of the County`Clerlk' an d eit of`icio egisterof Deeds m and forL County State of Wyo- ming WHEREAS, the mortgage wvas�assignedfor value as follows: Assignee Deutsche ?Bunk National,Trust °Company as. Trustee for the ARegisteredHolders°of NovaStar Mortgage Funding Trust, Series:2007 =2 Novastar Home.EctuttyrLoan'Assset BackeddCertificates,.Series 2007 -2 Assignment dated: February 4 17,,$2010 Assignment recorded: March`3, 2010 Assignment recording information at Reception No. 952375 in Book 743 ge 251 r q All i t records of the County Clerk and ex off i c io Reg of Deeds in an, d„ f LincoY`n'County, aWyo g WHE ^REAS, the Morte contains a�power of sale which by reason of ,said'default the }N lortgagee declar to` ha become operative and no suit or pr`oceedin' h asi be e n ms j titut ed at law•to,recover the debt secured' by the Mortgage, or an '''''Pr no has any suc s o r pr o ce eding been instituted and "the.,same discont nued; and WHEREAS, writteu`t on of intent to foreclose' the Mortgage by advertisement and sale has been served upon the "record'owner`and the party'in posO 'sio,rrittthe,n'f irtgaged:prerriises at lsast`(en (l0) day's prior to' Abe.9commeneineil zif "s ubhcation, and the amf nexupon the Mortgage1bfl the'daterof: r tpubhca t,, of the sale "behtg the total sutnro $3 1 8 �88d 861`Sw`?l,ch sum consists df th unad'r incipal bal- ance of $272,79,74 plus uiCerest accrued to the date first"public- tion oftlXis`"tib L�e"mfl e a ott t of :609 "Elul "attomeya' expended�'6aihd aeLrumgi'ir tterest and latet h ges• after the date of first p� blieati'op of thisi.nOriereoftsale W14E1Z.EA$',11t'e'pi'opefbtyi being foreclosed uporr zriay "subject to other, liens4and {encunibrances that will: not be extinguished at the sale. Anyrprosp'ectrve purchaser shohlcItteseareh tlte:status of title .before sub mitting a bid, NOW, x TH EREF01� Dyet< Bahl atonal =,Tru Company,. as Trustee for the t 2e$istered Fold o f N ouaS t ar M ortgag e Funding Trust; S erv e s 2007gN tiv s ta F 4eEquSAan ss etB`e k e d Certificates, S eYyes 20 ids tie lvlgrta hake th e x Mort a ge fo a by law provided bye causing;lhe” more g d pro to be s o l d a t p bl venue b e She or beauty Sheriff sin a f o r Lmcoln County Wy ming to y the highest bidder forrcash at 0 :00 a cl for on 9 Aril 20, w2010 g at the z fx G ont d oor o f,tk►e Lincoln County Cou ncoin County,, for app'lica cure l l y the Mor s mort- ow s, tQ w it S DIVNO.- ISION OFFICIAL 8, 1JNCOLN BED OI PLAT N O, 868753 O FTHE PUBLISH: March COSPkg ith an 27 R Wa Eb aai, ,r$�I18 ro Together Nit h all itnprovem,epts thereon sztuate an d a n fixtur and appurt enances thereto ;gDeutsche Bat N COn}pany,as Trust for the Regis=: tered tered Holders of'NovaStar Mortgag Fun 'rust, Serie's2 2007 2 ar"Home Equity; Loan Asset Backed Ce fi Ser>i -2 ByrDanette B aldacci Castl e, Meinho la Staw Leg vices, LLC 33 S Wal D rive; Ste. 202 Casper, W 8 2 60 0000 (307) 333' 25 Atrial! 1, 8,1, 2010 (0 03968) EXHIBIT B PUBLISHER'S AFFIDAVIT Kemmerer, Wyoming 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 26 day of "rY1a)16^a 20 10 and the last publication being on the IS day of 1,: LV 20 10 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) a Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 i Notary Sign STATE OF WYOMING )ss. County of Lincoln Subscribed in my presence and sworn to before me on this 15 day of ,L A.D., 20 !O 1 by Mark Tesoro, General jM nag r. Certificate of Sale Klingler 09 -03968 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expires: COSPkg NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA 13 ommission E 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 $3,398.90 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 937.00 Postage 132.30 Photocopies 26.00 Statutory Notice Fee 104.60 Publication Cost 414.00 Conduct Sale 50.00 Record Cert. of Sale 26.00 Record Sheriffs Deed 11.00 Sheriffs Fee Sale 10.00 Sheriffs Fee Costs 10.00 FTP Update x 2 200.00 Publication Cost FSN2 400.20 Record AOM 8.00 Publication Cost FSN 3/17/10 469.80 Total $3,398.90 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 ANT ETH UGHT. r y: anette Bal..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 5 day of Ap 2010 by Danette Baldacci a ttorney of Castle, Meinhold and Stawiarski Legal Services, LLC. a ure otarial officer) h' kifc_ Title (and Rank) 5 26 3 iO 718 Certificate of Sale Klingler 09 -03968 Page 7 of 7