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HomeMy WebLinkAbout9531146010918647 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 August 22, 2007, executed and delivered by Wade A. French to Mortgage Electronic Registration Systems, Inc., as nominee for SunTrust Mortgage, Inc. and (b) that certain mortgage dated August 22, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 23, 2007, at Reception No. 932407 in Book 669 at Page 790 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 1 OF BLOCK 3 OF THE LINCOLN HEIGHTS 3RD SUBDIVISION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 1324 4th West Avenue, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Suntrust Mortgage, Inc Assignment dated: December 31, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951440 in Book 739 at Page 435 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, Suntrust Mortgage, 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. 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 RECEIVED 4/27/2010 at 10:53 AM Certificate 5 French 09 -2-2 951515 RECEIVING 953114 Page 1 of 7 BOOK: 746 PAGE: 129 JEANNE WARKIPP LINCOLN COUNTY CLERK, ,.�sv,NIERER, WY 00 130 four (4) consecutive weeks, commencing with the April 1, 2010 issue of said newspaper and ending with the April 22, 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 27, 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 $118.803.00 "Bid Sum which was bid and offered by Suntrust Mortgage, 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 $2,620.80 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 27, 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 27 day of April 2010. Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Title: M. Shane johnson Deputy Sheriff John Stetzenbach Certificate of Sale French 09 -29515 Page2of7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 27 day of April 2010. Witness my hand and official seal. SAVANNA L FG1lVncc NOTARY PUBLIC COUNTY OF LINCOLN ,Zis;l! My Commission Expires STATE OF WYOMING q).0.)-6 Notary Public Certificate of Sale French 09 -29515 Page3of7 STATE OF WYOMING COUNTY OF NATRONA 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 August 22, 2007 (the "Mortgage and recorded on August 23, 2007, at Reception No. 932407 in Book 669 at Page 790 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 Wade A. French "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for SunTrust Mortgage, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Suntrust Mortgage, Inc Assignment dated: December 31, 2009 Assignment recorded: January 6, 2010 Assignment recording information: at Reception No. 951440 in Book 739 at Page 435 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. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Wade A. French 1324 4th West Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Aimee L. French 1324 4th West Avenue Kemmerer, WY 83101 N01: 71786575345000353429 FSN: 71786575345000359414 FSN2:71786575345000410900 N01: 71786575345000353443 FSN: 71786575345000359421 FSN2: 71786575345000410924 CERTIFIED MAIL NO. NOI: 71786575345000353467 CERTIFIED MAIL NO. FSN: 71786575345000359452 CERTIFIED MAIL NO. FSN2: 71786575345000410948 Suntrust Mortgage, Inc 1001 Semmes Avenue, 4th Floor, Mail Code: VA -RVW -3014 Richmond, VA 23224 COSPkg CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Wade A. French 2807 Lincoln Avenue Cody, WY 82414 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Aimee L. French 2807 Lincoln Avenue Cody, WY 82414 N01: 71786575345000353436 FSN: 71786575345000359438 FSN2: 71786575345000410917 N01: 71786575345000353450 FSN: 71786575345000359445 FSN2: 71786575345000410931 CERTIFIED MAIL NO. NOI: 71786575345000353474 CERTIFIED MAIL NO. FSN: 71786575345000359469 CERTIFIED MAIL NO. FSN2: 71786575345000410955 Occupant 1324 4th West Avenue Kemmerer, WY 83101 Certificate of Sale French 09 -29515 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 13, 2010 and the date of the first publication of the notice of foreclosure sale was April 1, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on Z� day of Apr -A 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Title (and Rank) My commission expireC115 COSPkg FURTHER AFFIANT SAYETH NAUGHT. 60y133 anette a ald Caste, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 D. HODGES m at a o tarial officer) STATE OF WYOMING C� •F NATRONA NOTARY PUBLIC A T AMBER D. HODGES t r STATE OF WYOMING COUNTY OF NATRONA M Commission E .free Oct OS 2013 Certificate of Sale French 09 -29515 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT day of AP12-IL Notary S oO :i134 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln Tesoro, Gener. Man ature 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 day of A1(�g-iL 20 10 and the last publication being on the 22 ,20 10 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 ROSEMARY CAPELLEN NOTARY PUBUC del �''`*sj? sbbal CammIssllon Expires Vey 5, 2012 Subscribed in my presence and sworn to before me on this 72, day of P t? P-1 A.D., 20 10 er. Certificate of Sale French 09 -29515 Page 6 of 7 State of Wyoming County of Natrona 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 Publication Cost FSN2 FTP Update FURTHER AFF This day of Ari Meinhold and StaWiarski NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission E 'no Oct OS, 2013 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: SS 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 $2,620.80 as compensation for services actually rendered in the foreclosure proceeding. Total $2,620.80 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 the State of Wyoming and residing therein. TH Title an My commission expireso-fj��?� U T. 700.00 667.00 117.00 8.00 483.00 50.00 26.00 11.00 11.00 10.00 10.00 427.80 100.00 .4 L■ nette Bal• Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. 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. tarial officer) `-lc.Q.1o1 C d Rank Certificate of Sale French 09 -29515 Page 7 of 7