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HomeMy WebLinkAbout9533336010918504 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000006 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 25, 2007, executed and delivered by Cody W. Perry and Betsy J. Perry to Mortgage Electronic Registration Systems, Inc., as nominee for Academy Mortgage Corporation and (b) that certain mortgage dated January 25, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 31, 2007, at Reception No. 926448 in Book 647 at Page 717 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 PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 32 NORTH RANGE 119 WEST, LINCOLN COUNTY, WYOMING, WITH THE BOUNDARIES DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 AND RUNNING THENCE NORTH, ALONG THE EAST BOUNDARY OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 440 FEET; THENCE WEST, A DISTANCE OF 440 FEET; THENCE SOUTH A DISTANCE OF 440 FEET TO THE SOUTH BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST, ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 440 FEET TO THE CORNER OF BEGINNING with an address of 6690 Wyoming State Highway 238, Auburn, WY 83111 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Aurora Loan Services, LLC Assignment dated: February 22, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952389 in Book 743 at Page 280 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. RECEIVED 5/11/2010 at 10:13 AM RECEIVING 953333 BOOK: 747 PAGE: 6 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Perry 09 -25350 Page 1 of 7 000007 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Aurora Loan Services, LLC "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 four (4) consecutive weeks, commencing with the April 15, 2010 issue of said newspaper and ending with the May 6, 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 11, 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 $140,635.44 "Bid Sum which was bid and offered by Aurora Loan Services, LLC "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 $2,456.90 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 May 11, 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 Perry 09 -25350 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 11th day of May 2010. STATE OF WYOMING COUNTY OF LINCOLN The foregoing acknowledged before me Deputy Sheriff of Lincoln May 2010. My Commission Expires: q-�E5 COSPkg Jenny Clarke Notary Public County of u•, State of Lincoln 5;,'tt Wyoming My Commission Expire Sheriff in and for Lincoln County, State of W oming 411111111111111111 ACKNOWLEDGMENT SS M. Shane Johnson Print Name: Doug Roberts Title: Sergeant Deputy Sheriff instrument was subscribed in my presence and by Doug Roberts, Sergeant County, State of Wyoming, this 11th day of Witness my hand and official seal. Not 1i!J Public Certificate of Sale Perry 09 -25350 Page 3 of 7 000008 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 25, 2007 (the "Mortgage and recorded on January 31, 2007, at Reception No. 926448 in Book 647 at Page 717 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 Cody W. Perry and Betsy J. Perry "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Academy Mortgage Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Aurora Loan Services, LLC Assignment dated: February 22, 2010 Assignment recorded: March 3, 2010 Assignment recording information: at Reception No. 952389 in Book 743 at Page 280 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: 71786575345000414878 CERTIFIED MAIL NO. FSN: 71786575345000423047 Cody W. Perry 6690 Wyoming State Highway 238 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000414892 CERTIFIED MAIL NO. FSN: 71786575345000423061 Betsy J. Perry 6690 Wyoming State Highway 238 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000414915 CERTIFIED MAIL NO. FSN: 71786575345000423085 Aurora Loan Services, LLC 601 5th Avenue, P. 0. Box 1706 Scottsbluff, NE 69363 -1706 COSPkg EXHIBIT A SS 00u009 CERTIFIED MAIL NO. NOI: 71786575345000414885 CERTIFIED MAIL NO. FSN: 71786575345000423054 Cody W. Perry PO Box 83 Auburn, WY 83111 CERTIFIED MAIL NO. N01: 71786575345000414908 CERTIFIED MAIL NO. FSN: 71786575345000423078 Betsy J. Perry PO Box 83 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000414922 CERTIFIED MAIL NO. FSN: 71786575345000423092 Occupant 6690 Wyoming State Highway 238 Auburn, WY 83111 Certificate of Sale Perry 09 -25350 Page 4of7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 30, 2010 and the date of the first publication of the notice of foreclosure sale was April 15, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on (p day of >\1 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar ki Legal Services, LLC. NO A“V "M1�va t PEI ST .•TL Or \NVR t: UN1 Y 0 R;- &I' t09 eiilD�'i k f #��4ta: F� My commission expires: /Jp( 2 6 1 y (Signature of notarial officer) Title (and Ralik) sO :©1O f L l :y Danette dacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Perry 09 -25350 Page 5 of 7 cun'e a der 25,22 tO7, ere "Mortgagor( notniitee for "Q (the "Mortga was iex whteh prtg< 926448 Clerk and ex-. of Wvanaati;r ':'743 at Page 280,: All in the record in and for LincolCi, x WHE of said d`efault,;,tl e suit or proceeding by the Mortgage, ;o bee;4a ins tu and ecepMn;No 952389 iii; d ex officio Register ofI KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming s�01 (Aunty Wyoming r lortgage .6'0:141'21-.7-' ns a poweiof sale Which by. r eason ortg g ee•declares`to"lia ye bee o me' op eratiue,, en,,instituted'atlaw to secured p art thereof, nor has aiiysnch shit or proceding r antin`aed `and \VIE A S, tten ,nonce oft intent .to foreclose the •;11Tortg e, by aduertisetnent a nd sale has been;served upon: the record '.owner, d the party ini p p ossession of t hem,ortgaged premises at least ten (10) day `prior to the cominencetnent of this, publication`,, andi.the,amount due upon the Mortgage one tliehdate of first publication 'of this: notice. of sale being'the total sum of $141;107;73 which sumconsists of the unpaid principal bal- ance;of' ,6 3A4' itlteresfiberned`to t he- date.o the'first pub's c'a ion 9 t no in pf;$11,08 plus: attorneys' fees, costs expended °'and accruing nterest�;and late charges after the date or first publication of this notice of sale,:.; WHEREAS, The- propertyi berg foreclosed upon maybtie be subject b'''- o r liens and, encu b that will`°not`b extinguis at. the sal Any prospective purchaser should research the status of title fore u othe mitting"a }`bid, NOW, T Aurora L an Services LLC; as;the, ca'Mos rGgaggeee will °have the iVlprtgage foeclose`tls,as by'la byn i,th mortgaged'proiie7rty tii be sold at public venue° by +the Sheriff or'Deputy Sheriff.in and f Liticolii Count Wyornitig to the lnplieat bidder``for cash at, 1,0:" 00 o?olocl. in.th orenoon on Ma 1�1 201`0 ate.' e,', 9 t d9, ofth Licoln C011Ygyit o Sa ge yen e Kemm6f0 WY, Lincoln County; "for application on a 1 /e.desci'tbed ain©uiit secured,by the', IVtprtgageisaid nbrtgngee},propeity be uig.,,descrtbe follows ,to wit 'ST PART OF, T{E SOUTHWEST QU QUARTER°�.OF t SCTION•.16, O WEST,•LINCOLN, COUN TY, WXO MIN DESCRIBED AS `FOLLOWS,: BEGINNING AT T WEST 'TION 16.,' iBOU D EAST DIS EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN a 6- G ael Jensen, P atu re I, Michael Jensen, 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 1 consecutive issues /weeks; the first publication being on the 1C day of 20�, and the last publication being on the 1, day of (A 20 (0 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 State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this L day of Notary Michael n, Publisher 20 1 D 000011 tertmcate of 6aie Perry 09 -25350 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Demand Letter Fee Record AOM Publication Cost 04/10 FTP Tax Update Fee Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs State of Wyoming County of Natrona WYOMING p:,,, i2()NA My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) rib Title (and 600.00 622.00 143.00 241.50 50.00 8.00 524.40 150.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,456.90 6012 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 $2,456.90 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFIANT YETH NAUGHT. y: •anette Bale -cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on CP day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. Certificate of Sale Perry 09 -25350 Page 7 of 7