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HomeMy WebLinkAbout9531166011018718 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS e00143 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 January 31, 2007, executed and delivered by Anne Marie Whitehurst to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. and (b) that certain mortgage dated January 31, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 6, 2007, at Reception No. 926577 in Book 648 at Page 168 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 TWENTY -SEVEN (27) IN STAR VALLEY RANCH PLAT SEVEN (7), DOCUMENT NUMBER 432466, RECORDED AUGUST 4, 1971 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 15 Spurwood Loop, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Alternative Loan Trust 2007 -0A3 Mortgage Pass Through Certificates, Series 2007 -0A3 Assignment dated: February 25, 2010 Assignment recorded: March 9, 2010 Assignment recording information: at Reception No. 952441 in Book 743 at Page 516 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, The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Alternative Loan Trust 2007 -0A3 Mortgage Pass Through Certificates, Series 2007 -0A3 "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, COSPkg RECEIVED 4/27/2010 at 10:59 AM RECEIVING 953116 BOOK: 746 PAGE: 143 JEANNE WAGNER LINCOLN COUNTY CLEF' VIMERER, WY Certificate of Sale Whitehurst 10 -00990 Page 1 of 7 1 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 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 $211,552.77 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Alternative Loan Trust 2007 -0A3 Mortgage Pass Through Certificates, Series 2007 -0A3 "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 $2,055.00 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 Certificate of Sale Whitehurst 10 -00990 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 27 day of APril 2010. 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 27 day of APril 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Title: Witness my hand and official seal. COUNTY OF LINCOLN My Commission Expires SAVANNA L, HAWKLS NOTARY PUBLIC STATE OF WYOMING M. SHane JOhnson Sheriff in and for Lincoln County, State of Wyoming ‘300/45 By: Print Name: ,1 Notary Public Hiohfia Stetzenbach Deputy Sheriff Certificate of Sale Whitehurst 10 -00990 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 January 31, 2007 (the "Mortgage and recorded on February 6, 2007, at Reception No. 926577 in Book 648 at Page 168 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 Anne Marie Whitehurst "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Alternative Loan Trust 2007 -0A3 Mortgage Pass Through Certificates, Series 2007 -0A3 Assignment dated: February 25, 2010 Assignment recorded: March 9, 2010 Assignment recording information: at Reception No. 952441 in Book 743 at Page 516 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 MAJL NO. NOI: 71786575345000404114 CERTIFIED MAIL NO. FSN: 71786575345000410634 Anne Marie Whitehurst 15 Spurwood Loop Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI:70092820000264283805 CERTIFIED MAIL NO. FSN: 70092820000264283898 The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of Alternative Loan Trust 2007 -0A3 Mortgage Pass Through Certificates, Series 2007 -0A3 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000404121 CERTIFIED MAIL NO. FSN: 71786575345000410641 Anne Marie Whitehurst 710 Jefferson Ave Los Banos, CA 93635 -4713 CERTIFIED MAIL NO. NOI: 71786575345000404138 CERTIFIED MAIL NO. FSN: 71786575345000410603 Occupant 15 Spurwood Loop Star Valley Ranch, WY 83127 Certificate of Sale Whitehurst 10 -00990 Page 4 of 7 CERTIFIED MAIL NO. N01: 71786575345000404145 CERTIFIED MAIL NO. FSN: 71786575345000410610 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 17, 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 day of c,, 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg NOTARY PUBLIC AMBER 0. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Ex •res Oct OS. 2013 My commission expires f 20 CERTIFIED MAIL NO. NOI: 71786575345000404152 CERTIFIED MAIL NO. FSN: 71786575345000410627 Countrywide Bank, N.A. 1199 North Fairfax Street, Ste. 500 Alexandria, VA 22314 1 Ii& 0 nette Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (I a Life otnot Title (and Rank) Certificate of Sale Whitehurst 10 -00990 Page 5 of 7 G O 1 on No 95244,:1 in Book x q ficto Register of Deeds er of Bald which by reason: 0. 3 q eco he debts secured ch it r p oceeding X6577 Clerk y A3; of suit d KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT costs ,fist ect to ort tog' door' its as st ass= ci 02': Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln Notary Si 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 /y being on the day of iha1! (0, and the last publication being on the 72 day of ,20 i0; 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 PUBLIC t sr*n County of N� State of Lincoln +v Wyoming My Commisslon Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 72 day of esoro, Gene A.D20 er. 148 Certificate of Sale Whitehurst 10 -00990 Page6of7 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 Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona My commission expire COSPkg NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Ex. res Oct 05 2013 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 $2,055.00 as compensation for services actually rendered in the foreclosure proceeding. Total $2,055.00 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 S' .TH NAUGHT. cy: �i�, ette Baldac Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 7 day of /y.6) 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Servi -s, LLC. (S ig of 4otar icer) Title (and Dank) C 5 2oc3 600.00 779.00 78.00 8.00 483.00 50.00 26.00 11.00 10.00 10.00 :.O :x.49 Certificate of Sale Whitehurst 10 -00990 Page 7 of 7