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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 COSPkg 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. COSPkg 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: COSPkg 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 COSPkg 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 COSPkg 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 COSPkg 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