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HomeMy WebLinkAbout953115601091847- 6010918470 STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 November 8, 2006, executed and delivered by James H. Dyer and Susan Dyer to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated November 8, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 13, 2006, at Reception No. 924353 in Book 639 at Page 894 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 1 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS IN LINCOLN COUNTY CLERK with an address of 1530 County Road 118, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a division of First Tennessee Bank National Association Assignment dated: October 22, 2009 Assignment recorded: November 3, 2009 Assignment recording information: at Reception No. 950357 in Book 735 at Page 136 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, First Horizon Home Loans, a division of First Tennessee Bank National Association "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 4/27/2010 at 10:55 AM RECEIVING 953115 BOOK: 746 PAGE: 136 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Dyer 09 -24510 Page 1 of 7 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 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 1LL1 f,,35, 75 "Bid Sum which was bid and offered by First Tennessee Bank, N.A. 6522 Chapman Hwy, Knoxville, TN 37920 ("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 $2,123.40 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 27 day of April 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: t-- Print Name: JOhn Stetzenbach Title: Deputy SHeriff Certificate of Sale Dyer 09 -24510 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. Notary Public SAVANNA L. HANES NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires STATE OF rr� WYOMING N I I Certificate of Sale Dyer 09 -24510 Page3of7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71786575345000406378 CERTIFIED MAIL NO. FSN: 71786575345000410825 James H. Dyer 1530 County Road 118 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406392 CERTIFIED MAIL NO. FSN: 71786575345000410849 James H. Dyer 1530 County Road 118 Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406415 CERTIFIED MAIL NO. FSN: 71786575345000410863 James H. Dyer PO Box 1267 Elk Grove, CA 95759 -1267 COSPkg EXHIBIT A SS 0139 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 November 8, 2006 (the "Mortgage and recorded on November 13, 2006, at Reception No. 924353 in Book 639 at Page 894 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 James H. Dyer and Susan Dyer "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a division of First Tennessee Bank National Association Assignment dated: October 22, 2009 Assignment recorded: November 3, 2009 Assignment recording information: at Reception No. 950357 in Book 735 at Page 136 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: 71786575345000406385 CERTIFIED MAIL NO. FSN: 71786575345000410832 Susan Dyer 1530 County Road 118 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406408 CERTIFIED MAIL NO. FSN: 71786575345000410856 Susan Dyer 1530 County Road 118 Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406422 CERTIFIED MAIL NO. FSN: 71786575345000410870 Susan Dyer PO Box 1267 Elk Grove, CA 95759 -1267 Certificate of Sale Dyer 09 -24510 Page 4of7 CERTIFIED MAIL NO. N01: 70092820000264283393 CERTIFIED MAIL NO. FSN: 70092820000264283911 First Horizon Home Loans, a division of First Tennessee Bank National Association 4000 Horizon Way Suite 100 Irving, TX 75063 CERTIFIED MAIL NO. NOI: 71786575345000406446 CERTIFIED MAIL NO. FSN: 71786575345000410894 Tamara Colby 712 Harding Place Wheatland, CA 95692 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 19, 2010 and the date of the first publication of the notice of foreclosure sale was April 1, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 21 day of Apr',\ 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Com;�...mission a Ex •fires Oct OS, 2013 #aa My commission expires:6( e0A.40 CERTIFIED MAIL NO. N01: 71786575345000406439 CERTIFIED MAIL NO. FSN: 71786575345000410887 Occupant 1530 County Road 118 Thayne, WY 83127 al anette na cci Ca le, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R. nk) Certificate of Sale Dyer 09 -24510 Page 5 of 7 735 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming sec czk. the (130) days lad r n upon the ip rinci al bal- stu eys' fees, t i ,date of. bje(t< iec at the y sale, $le b forctsub- yis n of'First the {tgagti prop, e ands colnCq aacaln�C COSPkg PUBLISHER'S AFFIDAVIT ovem_ s yer c;,'as' estate i�ihich dot f of the '.for ook Deeds son cure,, or .the 1ca cos, s first or clock unty fumy, ennessee l3 onal,Assocation acci EXHIBIT B 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 1 consecutive issues /weeks; the first publication being on the day of 6j 20 (0 and the last publication being on the 22 day of kj L 20 Q j7 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 Subscribed in my presence and sworn to ROSEMARY CAPELLEN NOTARY PUBLIC County d State of Lincoln Wyoming Commission Expires May 5, 2012 before me on this 27 day of n lj k.it D., 20 t by Mark Tesoro, Gen ager. Notary 14 Certificate of Sale Dyer 09 -24510 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Title Resolution Fee Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs FTP Update State of Wyoming County of Natrona NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission Ex. rss Oct 05 2013 My commission expires//` COSPkg Sale 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 $2,123.40 as compensation for services actually rendered in the foreclosure proceeding. ial officer) Title Rink 600.00 600.00 117.00 8.00 125.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 100.00 Total $2,123.40 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 'n the State of Wyoming and residing therein. FURTHER AF' IAN ETH U HT. 111/141 I n ette a ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on `21 day of Apr; I 2010 by Danette Baldacci cci as attorney of Castle, wi Meinhold and Stawiarski Legal Services, LLC. a�.42 Certificate of Sale Dyer 09 -24510 Page 7 of 7