HomeMy WebLinkAbout9535176011018812
CERTIFICATE OF SALE
STATE OF WYOMING 00C
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 October 23, 2008, executed and delivered by
Donald E. Long and Bonnie Erickson Long to Mortgage Electronic Registration
Systems, Inc., as nominee for GMAC Mortgage, LLC fka GMAC Mortgage
Corporation and (b) that certain mortgage dated October 23, 2008 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on October 30, 2008, at
Reception No. 943303 in Book 708 at Page 99 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:
PART OF SECTION 14, T31 N, R119W OF THE 6 P.M., LINCOLN COUNTY,
WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14 AND
RUNNING THENCE N 90 DEGREES 00'W, (BASIS OF BEARING) ALONG THE
NORTH LINE OF SAID SECTION 14, A DISTANCE OF 1455.67 FEET TO THE
POINT OF BEGINNING; THENCE S 00 DEGREES 00' E, A DISTANCE OF
1320.00 FEET; THENCE S 90 DEGREES 00'E, A DISTANCE OF 330 FEET;
THENCE N 00 DEGREES 05'17 "W, A DISTANCE OF 1032.69 FEET; THENCE
N 38 DEGREES 53'25" E, A DISTANCE OF 326.03 FEET; THENCE N 00
DEGREES 00'E, A DISTANCE OF 33.55 FEET; THENCE N 90 DEGREES
00'W, A DISTANCE OF 533.10 FEET TO THE POINT OF BEGINNING,
EXCEPTING THE COUNTY ROAD THEREFROM
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with an address of 1136 Dry Creek Road, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: February 25, 2010
Assignment recorded: March 8, 2010
Assignment recording information: at Reception No. 952422 in Book 743 at Page
403
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, GMAC Mortgage, LLC
"Mortgagee elected to foreclose the same and at the request and direction of
Certificate of Sale
RECEIVED 5/18/2010 at 11:09 AM Long 10 -03948
RECEIVING 953517 Page 1 of 8
BOOK: 747 PAGE: 422
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
.423
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 1, 2010 issue of said
newspaper and ending with the April 22, 2010 issue thereof and again once a
week for three (3) consecutive weeks, commencing with the April 29, 2010 issue
of said newspaper and ending with the May 13, 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 18, 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
$218,562.40 "Bid Sum which was bid and offered by GMAC Mortgage, 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 $2,693.10 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 18, 2010, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
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Certificate of Sale
Long 10 -03948
Page 2 of 8
DATED at Kemmerer, Lincoln County, State of Wyoming, this
18th day of May 2010.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by (i(3hi 3 ;ci etAbich
Deputy Sheriff of Lincoln County, State of Wyoming, this 18th day of
May 2010.
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L. HAWKES NOTARY PUBLIC
isgoti Eipres
COUNTY OF
LINCOLN
ACKNOWLEDGMENT
SS
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: 6-4, -1
1
Title: Deputy Sheriff
Notary Public
STATE OF
WYOM)NG
r; O6424
Certificate of Sale
Long 10 -03948
Page 3 of 8
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 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
October 23, 2008 (the "Mortgage and recorded on October 30, 2008, at
Reception No. 943303 in Book 708 at Page 99 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 Donald E. Long and Bonnie Erickson Long "Mortgagor(s)
the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as
nominee for GMAC Mortgage, LLC fka GMAC Mortgage Corporation is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: February 25, 2010
Assignment recorded: March 8, 2010
Assignment recording information: at Reception No. 952422 in Book 743 at Page
403
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Donald E. Long
1136 Dry Creek Road
Afton, WY 83110
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Bonnie Erickson Long
1136 Dry Creek Road
Afton, WY 83110
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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:
N01: 71786575345000404008
FSN: 71786575345000410481
NOPP: 71786575345000434890
N01: 71786575345000404022
FSN: 71786575345000410504
NOPP: 71786575345000434913
CERTIFIED MAIL NO. NOI: 71786575345000404046
CERTIFIED MAIL NO. FSN: 71786575345000410528
CERTIFIED MAIL NO. NOPP: 71786575345000434937
GMAC Mortgage, LLC
1100 Virginia Drive
Fort Washington, PA 19034
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EXHIBIT A
SS
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Donald E. Long
PO Box 1778
Afton, WY 83110
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Bonnie Erickson Long
PO Box 1778
Afton, WY 83110
N01: 71786575345000404015
FSN: 71786575345000410498
NOPP: 71786575345000434906
N01: 71786575345000404039
FSN: 71786575345000410511
NOPP: 71786575345000434920
CERTIFIED MAIL NO. NOI: 71786575345000404053
CERTIFIED MAIL NO. FSN: 71786575345000410535
CERTIFIED MAIL NO. NOPP: 71786575345000434944
Occupant
1136 Dry Creek Road
Afton, WY 83110
Certificate of Sale
Long 10 -03948
Page 4 of 8
CERTIFIED MAIL NO. NOI: 71786575345000404060
CERTIFIED MAIL NO. FSN: 71786575345000410542
CERTIFIED MAIL NO. NOPP: 71786575345000434968
Department of Veterans Affairs
155 Van Gordon Street
Denver, CO 80225
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
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
FS day of �'h �yy 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiar6ki Legal Services, LLC.
^h:Je•bh1 <YK1'N2't-r'i +,:r+ r::rKki
NOTARY PUBLIC
KODEE PEARSON
STATE OF WYOMING
COUNTY OF NA7RONA
Commission Exiiires Apr. 1 14
fr"L eitakt4rdr..dort
My commission expires:
E r 2 6
11 tv+
ante Bal ccci
C. e, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Dank)
Certificate of Sale
Long 10 -03948
Page 5 of 8
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
sec
gage,
a E'
■911 n
UUS1Kg
PUBLISHER'S AFFIDAVIT
�C
ora-
of the
and d ehv-
as ar e corded
ister'
EXHIBIT B
ed
ak
ses
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 5 consecutive issues /weeks;
the first publication being on the
day of
and the last publication being on the
day of
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20 IO,
20_.;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michaejnsen, Publisher
ROSEMARY CAPELL N NOTARY PUBLIC
Ceun!!►al
`�,V,� State d
ISM
Commission Expires May B, 2012
Subscribed in my presence and sworn to
before me on this 13 day of
L 'hA &I A.D., 21 1 C)
Jensen, Publish r
Notary Sign re
000427
uerti irate OT bale
Long 10 -03948
Page 6 of8
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B N+428
PUBLISHER'S AFFIDAVIT
adc,
taw iarskiw Legal Service`s, TALC
3`30:S`. Walsh D -rive, Ste..,202
Casper, WY'82609- 0000,
•U .x. rwtttiuCHFYLSc93Car e�...
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 consecutive issues /weeks;
the first publication being on the
day of OVA 20 i
and the last publication being on the Z2
day of (it
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Mark Tesor
General Manager
ROSEMARY CAPELLEN NOTARY PUBLIC
County of u State of
Lincoln 8`> Wyoming
M Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this 2 2.day of
A.D. 20 60
by, Ma Tesoro, Ge
1$4 r,..
Notary inature
r
ager.
Certificate of Sale
Long 10 -03948
Page 7 of 8
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
Publication Cost
Publication Cost NOPP
Conduct Sale
Record Cert of Sale
Record Sheriffs Deed
Record Special Warranty Deed
Sheriffs Fee Sale
Sheriffs Fee Costs
FTP Update
State of Wyoming
County of Natrona
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My commission expires:
N Z o, y
EXHIBIT C 9
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 $2,693.10
as compensation for services actually rendered in the foreclosure proceeding.
600.00
847.00
136.50
8.00
524.40
331.20
50.00
29.00
11.00
11.00
10.00
10.00
125.00
Total $2,693.10
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 T '*ETH 1 UGHT.
l... Alt
By: ro anette Bald- 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
3 day of b 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiars i Legal Services, LLC.
(Signature of notarial officer)
fz a y
Title (and Rank)
Certificate of Sale
Long 10 -03948
Page 8 of 8