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HomeMy WebLinkAbout9532356010917582 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000616 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 September 26, 2007, executed and delivered by Jody Cloud to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. and (b) that certain mortgage dated September 26, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 28, 2007, at Reception No. 933552 in Book 673 at Page 722 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 73 OF TRAIL RIDGE SUBDIVISION, THIRD FILING, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED SEPTEMBER 3, 2004, AS RECEIVING NO. 913372, IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 225 -H. with an address of Lot 73 Trail Ridge Subdivision, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: OneWest Bank, FSB successor in interest to Indymac Federal Bank FSB Assignment dated: January 14, 2010 Assignment recorded: February 17, 2010 Assignment recording information: at Reception No. 952221 in Book 742 at Page 680 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, OneWest Bank, FSB successor in interest to Indymac Federal Bank FSB "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 COSPkg Certificate of Sale RECEIVED 5/4/2010 at 11:54 AM Cloud 09 -01260 RECEIVING 953235 Page 1 of 7 BOOK: 746 PAGE: 616 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000617 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the April 8, 2010 issue of said newspaper and ending with the April 29, 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 May 4, 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 $123,750.00 "Bid Sum which was bid and offered by OneWest Bank, FSB successor in interest to lndymac Federal Bank FSB "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 $3,355.03 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 May 4, 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 4th day of May 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Certificate of Sale Cloud 09 -01260 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING M Commission Expires ACKNOWLEDGMENT SS 000618 The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 4th day of May 2010. Witness my hand and official seal oidaf,„,v„ --A a ).„17 Q Notary Public Certificate of Sale Cloud 09 -01260 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000619 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 September 26, 2007 (the "Mortgage and recorded on September 28, 2007, at Reception No. 933552 in Book 673 at Page 722 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 Jody Cloud "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: OneWest Bank, FSB successor in interest to lndymac Federal Bank FSB Assignment dated: January 14, 2010 Assignment recorded: February 17, 2010 Assignment recording information: at Reception No. 952221 in Book 742 at Page 680 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: 71786575345000408921 CERTIFIED MAIL NO. FSN: 71786575345000416612 Jody Cloud Lot 73 Trail Ridge Subdivision Alpine, WY 83128 CERTIFIED MAIL NO. NOI:70092820000264283553 CERTIFIED MAIL NO. FSN: 70092820000264284161 Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, FSB 460 Sierra Madre Villa, Mail Code HS -01 -04 Pasadena, CA 91107 CERTIFIED MAIL NO. NOI: 71786575345000408945 CERTIFIED MAIL NO. FSN: 71786575345000416643 Lincoln County Treasurer c/o Jerry Greenfield P.O. Box 630' Kemmerer, WY 83101 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000408938 CERTIFIED MAIL NO. FSN: 71786575345000416629 Jody Cloud 215 Harbor Drive Key Biscayne, FL 33149 CERTIFIED MAIL NO. NOI: 71786575345000408969 CERTIFIED MAIL NO. FSN: 71786575345000416636 Jody Cloud 50 S. Point Drive Miami Beach, FL 33139 CERTIFIED MAIL NO. NOI: 71786575345000408952 CERTIFIED MAIL NO. FSN: 71786575345000416650 Occupant Lot 73 Trail Ridge Subdivision Alpine, WY 83128 Certificate of Sale Cloud 09 -01260 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71788575345000437181 CERTIFIED MAIL NO. FSN: 71786575345000437198 Jody Cloud c/o Atty Ken Cohen 125 East Pearl Street; Suite 22 PO BOx 2467 Jackson,,WY 83001 -2467 3.. That the date of mailing of the notice of intent to foreclose the Mortgage was March 23, 2010 and the date of the first publication of the notice of foreclosure sale was April 8, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2 6 i day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My Comp ub"da'M1Ni!ssmreR. KODEE PEAT SUN SIAIL OF WYOM N (111N1 Y OF NAT& '�P.rord tr "xpivvs Apr. r; I My commission expires: 000620 4 4, akiA Bow nette Bal. acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) N 6 sr L)br,,c" Title (and Ra f ik) Certificate of Sale Cloud 09 -01260 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, 'Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT tip ol and interest has i e "Note') dated /*15 b id (`1lulort i ;',as ominee for Indyr vision; eco' age by Viand the r s Pxior,.. e amount due upon the s notice of s ale being the ie unpaid principal bal- e date bithe fnrstspublica lu atttonieys''fees, costs ;ges after,the date of,first e ,subject,to at the Sale: title beftressub- .BD ICE. Bt' cci KEMMERER, WYOMING I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 and the last publication being on the (49 day of C fah!!P, 8 ,20 (D, ,20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of aa. State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this cog day of le Notari Michael Je Publisher 000621. STATE OF WYOMING )ss. COUNTY OF LINCOLN 0 id, Cloud 09 -01260 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona COSPkg My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY GP I .1 zoi `f Danette Baldacei 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 $3,355.03 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure). 600.00 Title Commitment 677.00 Postage 117.18 Photocopies 26.45 Statutory Notice Fee 169.00 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 Publicaton Cost 03/10 455.40 Publication 414.00 Demand Letter Fee 50.00 FTP Update x 3 325.00 C:00'622 Total $3,355.03 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 t State of Wyoming and residing therein. FURTHER AFFI T S YETH NAUGHT. By D- ►ette Balda Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Z day of ��1 2010 by Danette Baldacci as attorney of Castle, Meinhold and .tawi'm:rs i Leg~, Services, LLC. N oTARv c g DEE PEARSON SIAM OF WYOMING ,0tiNrY C1r t ATit 11Rt 'K .yXa t (Si nature of no rial officer) 1 y a mseerxsic7c 1 x�rc 6. 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