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HomeMy WebLinkAbout9533346011018900 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 July 9, 2007, executed and delivered by Scott G. Terris and Rhonda L. Norred to Beneficial Wyoming, Inc. and (b) that certain mortgage dated July 9, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 11, 2007, at Reception No. 931187 in Book 665 at Page 363 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 81 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED THEREOF with an address of 111 Bingham Road, Star Valley, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 000013 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, Beneficial Wyoming 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 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. RECEIVED 5/11/2010 at 10:22 AM RECEIVING 953334 BOOK: 747 PAGE: 13 JEANNE WAGNER LINCOLN COUNTY CLEF" `'MMERER, WY Certificate of Sale Terris 10 -06475 Page 1 of 7 000014 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 $226,600.01 "Bid Sum which was bid and offered by Beneficial Wyoming 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 $2,110.60 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this ld;thday of May 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Doug Roberts Title: Sargeant Deputy Sheriff Certificate of Sale Terris 10 -06475 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 9-23 -011 COSPkg nny Clarke Notary Public County of Lincoln State of Wyoming My Commission Expires 0 1011 wNSaaas ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts, Sergeant Deputy Sheriff of Lincoln County, State of Wyoming, this 11th day of May 2010. Witness my hand and official seal. 00.015 Certificate of Sale Terris 10 -06475 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00C. 016 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 July 9, 2007 (the "Mortgage and recorded on July 11, 2007, at Reception No. 931187 in Book 665 at Page 363 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 Scott G. Terris and Rhonda L. Norred "Mortgagor(s) the named mortgagor(s), and Beneficial Wyoming, Inc. is the named mortgagee. 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: 71786575345000415981 CERTIFIED MAIL NO. FSN: 71786575345000422897 Scott G. Terris 111 Bingham Road Star Valley, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000416001 CERTIFIED MAIL NO. FSN: 71786575345000422910 Rhonda L. Norred 111 Bingham Road Star Valley, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000416025 CERTIFIED MAIL NO. FSN: 71786575345000422934 Beneficial Wyoming Inc. 636 Grand Regency Blvd Brandon, FL 33510 CERTIFIED MAIL NO. NOI: 71786575345000416049 CERTIFIED MAIL NO. FSN: 71786575345000422958 Bank of Jackson Hole 990 West Broadway P.O. Box 7000 Jackson, WY 83002 3. the Mortgage was notice of foreclosur COSPkg CERTIFIED MAIL NO. NOI: 71786575345000416056 CERTIFIED MAIL NO. FSN: 71786575345000422903 Scott G. Terris PO Box 8262 Jackson Hole, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000416018 CERTIFIED MAIL NO. FSN: 71786575345000422927 Rhonda L. Norred PO Box 8262 Jackson Hole, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000416032 CERTIFIED MAIL NO. FSN: 71786575345000422941 Occupant 111 Bingham Road Star Valley, WY 83127 That the date of mailing of the notice of intent to foreclose March 31, 2010 and the date of the first publication of the e sale was April 15, 2010. Certificate of Sale Terris 10 -06475 Page4of7 State of Wyoming County of Natrona This instrument was acknowledged before me on (j) day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. My commission expires: 2Or4 COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY r'I.:iil'tl: KODEE Pt=; S a;n ,FA c: 1P,;' COUP F r+nti 3 ComMission L ari S r 1 /i A By:r%anette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signat re of notarial officer) J oy edcA,c_ Title (and Rank) Certificate of Sale Terris 10 -06475 Page 5 of 7 OSURE SALE NO WHEREAS, default in'the payment of principal` curred under the ?terms of a promissory��notte 2007, executed ivand delivered by Scott C ,T Mortgagor(s) to Beneficial Wyommg,'' th gage( e' gag .ri;yr�t ei tiv aft a 1iveredP by said gage 5'ItiS ounty T ICE and interest' has oc- ote) dated rJuly,, 9 onda L. Norlred a reat estate: Mort Ception' SGT r 4 e of the ,�incoln" reason and no eurr ed of s by bee ad pai to tie Mortg s� total s ang er tion eXp pub othe An mit ap PU KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ort- iVTort- rort- Sha- cult at hav rbe M ®1 age f® id ea o b3 m a w �q io c gage iffhv anditr e mob a r a j n o 10:0 Lincoln County CourthouseIocated at Sage, enue, Ketmnerer, W Lincoln County, forApplication.on the, above described amounts secured by the Mortgage said;nortgaged property being described as follows, to -wit: LOT 81 OF STAR VALLEY RANCH PLAT 21, LIN WYOMING AS DESCRIBED ON THE OFFICI 1 THEREOF with an address of 111 Bingham Road,tStarValley, WY 83127 Together witlir all improvements thereon situate and all fixtures and purtenances'thereto astle, Mei old S 4W44rs LY] FILED B eneficialtWyotning Inc. By Danette Baldacci lc Leg al Services, LLC 330 S ?Valsh= Drive, Ste. 202 gasper, WY 82609-0000 (307) 333 5379 22, 29, May 6, 2010 (10- 06475) 0415A EXHIBIT B PUBLISHER'S AFFIDAVIT day of by Michae'sen, Publisher Jensen, Publis Notary Signat KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 1 a a t_Q-_ 20 t!') and the last publication being on the le day of `1/ Yl 20 ILO 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 kncon��' Wyoming Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this (j day of A.D., 2 Quit t i r*, 00 018 Terris 10 -06475 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 $2,110.60 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 AFFI A.NT SA ETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on day of ING, 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: r. fL{ 2.01(( COSPkg 3G' -tK e3 a Wr�a f.7.7 NOTARY PiltSI IC KODEE PE`",RSON STATE OF tiri cooUN I y OF NA IV' NA :a10 Commission 4 t s 4t I 1i 37 Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Tax Update Fee Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 915.00 91.00 372.60 25.00 50.00 26.00 11.00 10.00 10.00 Total $2,110.60 0 Oil? 019 ey: it nette Baldac Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Rank) Certificate of Sale Terris 10 -06475 Page 7 of 7