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HomeMy WebLinkAbout9536346011018951 CERTIFICATE OF SALE STATE OF WYOMING 00 42 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 June 23, 2006, executed and delivered by Justin E. Dunning to Bank of the West and (b) that certain mortgage dated June 23, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 27, 2006, at Reception No. 919705 in Book 624 at Page 566 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 5 OF BLOCK 9 OF AMENDED PLAT OF THE TOWN OF OPAL, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. MANUFACTURER'S SERIAL #/VIN# 2762A/B HUD CERT LABEL(S) IDA 056310 AND IDA 056311 MANUFACTURER'S NAME FLEETWOOD HOMES TRADE /MODEL STONERIDGE DATE OF MANUFACTURE 8 -27 -81 with an address of 137 Fox Street, Opal, WY 83124 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: August 28, 2006 Assignment recorded: September 1, 2006 Assignment recording information: at Reception No. 922054 in Book 632 at Page 579 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, Wyoming Community Development Authority "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. RECEIVED 5/25/2010 at 10:45 AM RECEIVING 953634 BOOK: 747 PAGE: 742 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Dunning 10 -08180 Page 1 of 7 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 29, 2010 issue of said newspaper and ending with the May 20, 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 25, 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 $88,726.32 "Bid Sum which was bid and offered by Wyoming Community Development Authority "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 $1,304.20 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 25, 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 25th day of May 2010. COSPkg M. Shane Johnson By: Prin ame: John Jackman Title: Deputy Sheriff Sheriff in and for Lincoln County, State of Wyoming Certificate of Sale Dunning 10 -08180 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT S The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of May 2010. My Commission Expires: COSPkg Witness my hand and official seal. Notary Public SAVANNA L. NAMES NOTARY PUBLIC COUNTY OF LINCOLN J.xpjres 000744 Certificate of Sale Dunning 10 -08180 Page 3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS e00745 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 June 23, 2006 (the "Mortgage and recorded on June 27, 2006, at Reception No. 919705 in Book 624 at Page 566 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 Justin E. Dunning "Mortgagor(s) the named mortgagor(s), and Bank of the West is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: August 28, 2006 Assignment recorded: September 1, 2006 Assignment recording information: at Reception No. 922054 in Book 632 at Page 579 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: 71786575345000428691 CERTIFIED MAIL NO. FSN: 71786575345000434708 Justin E. Dunning 137 Fox Street Opal, WY 83124 CERTIFIED MAIL NO. NOI: 71786575345000428714 CERTIFIED MAIL NO. FSN: 71786575345000434722 Justin E. Dunning 343 Alpine Circle Evanston, WY 82930 -8103 CERTIFIED MAIL NO. NOI: 71786575345000428738 CERTIFIED MAIL NO. NOI: 71786575345000428745 CERTIFIED MAIL NO. FSN: 71786575345000434746 CERTIFIED MAIL NO. FSN: 71786575345000434753 Wyoming Community Development Authority Occupant P.O. Box 10100 137 Fox Street Casper, WY 82602 Opal, WY 83124 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000428707 CERTIFIED MAIL NO. FSN: 71786575345000434715 Justin E. Dunning P.O. Box 63 Opal, WY 83124 CERTIFIED MAIL NO. N01: 71786575345000428721 CERTIFIED MAIL NO. FSN: 71786575345000434739 Justin E. Dunning 137 Fox Street Opal, WY 83101 Certificate of Sale Dunning 10 -08180 Page 4 of 7 000'746 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 15, 2010 and the date of the first publication of the notice of foreclosure sale was April 29, 2010. State of Wyoming County of Natrona ,20 day of ra COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski gal Services, LLC. .et. r!:=�a x.�^•a>i; NT TARY POW. IC EA R (2MING My Commissior pore Apr O p My commission expires: "0 r- IL/ 22 l B P anette Baldacci 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 Dunning 10 -08180 Page 5 of 7 o sai su' a e OF'`BL o. OPAL, LINCOL OZ'S r I TEAT y �AN1?FA CER ag 11:),401a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 2 e >see'urix g erei b said l ortg recb ded on 'June 2 P er 566 in th recoYd Register of Deeds in an WHEREAS, the moi i ee: y min ,As ;t ent da A asp e o a w g the Mo e f e'e Q§e# as by law provided s s e A a.RS' ak by causing e ►orttgagod b t e so c venue b the Sheriff or Deputy §item and for c0Ooufttyr yO t fir ehest bidder for cash at 10:00 o'clock in the forenoon on ay 25, 2010 at,the front door of the L incoln County Courthouse located at 9 25 Sage Av enue, emmerer, W Lmcoln county, for application on the above ing described as de scribed amounts d by th Mo ag said mortgaged property be- f011' w ania° °idle` t1'ogethe3sxiith uttenancest 0563 to it 9 'rOFkAM°E COSPkg VRESALE NOTICE payment of principal andIntere st has oc- ormssory note the "Note dated 23' by Tustin E +Dunning( "Mortgagor(s) to statgirinrrtgage 4(the' "Mortgage") of the ote which` Mortgage was executed and deliv- said Mortgagee'„ and which Mortgage was `at Reception No. 919705 in Book 624 at onnty Clerk and ex- officio minty, State of Wyoming; and g1ottyalue.as follows: evelopment Authority, eception No 9'22054 i Book ex-offi Regi ster of Deed's k e o sa f e wh i ch by r eason aye becom oper attiye and no eco�ver th e d se cu r ed sue `sulto Mortgage by;' attt record owner and `the s at feast ten (1�0),days prior d th m ount dueup no i o ,f, sal ;t he' d i e u np a id p bal l ate of th.e fi rs t ,p u bhca u i s o rn e s f. e s c osts Y ;e� ,,w s aftetl�e A date of,,£ir i on Ina y b e F suble ct ,to, ing ied,atithe, tus„ of before sub velopmentAuthority, PUBLISHER'S AFFIDAVIT AT OF'THE TOWN DESCRIBED ON THE ;WY 83124:' `'situate and' all fixtures and i D t By:: Darlene °Balda i r ski k Leal Dri ,,,ces, LLC 0�S. We a 'Drive, Ste. 2.02 Casp WY 82609 -0000 (307) 33 `5379` ;00. ;0$180 0429 EXHIBIT B 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 ci day of a1i l. 20 1 O' and the last publication being on the cO day of Notary Si KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Tjl],en, Publisher 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 this0 day of C Id- .D., 20 1. 600747 Certificate of Sale Dunning 10 -08180 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs EXHIBIT C 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 $1,304.20 as compensation for services actually rendered in the foreclosure proceeding. 650.00 78.00 469.20 50.00 26.00 11.00 10.00 10.00 Total $1,304.20 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 .te of Wyoming and residing therein. FURTHER AF IA ETH A A HT. Illk_ii2Atiai......... B W. nette Ba acci Ca e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 000748 This instrument was acknowledged before me on a day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar6ki Legal Services, LLC. NOTARY PUBLIC KODFE PEARS STATE or WYOMING COUNTY CW NATRONA t� PAy 6;,cimrn6slon r x so, Ahr. 14, 201 /V01 Title (and (Rank) My commission expires: l 4 r. 4 4 20 I (Signature of notarial officer) Certificate of Sale Dunning 10 -08180 Page 7 of 7