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Home My WebLink About9536356011018807 CERTIFICATE OF SALE STATE OF WYOMING 000749 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 28, 2008, executed and delivered by John W. Gailey to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation and (b) that certain mortgage dated July 28, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 29, 2008, at Reception No. 940864 in Book 701 at Page 29 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: A PORTION OF THE PROPERTY REFERRED TO IN INSTRUMENT NO. 865637 RECORDED MAY 1, 2000, IN BOOK 445PR ON PAGE 55 OF THE RECORDS OF THE LINCOLN COUNTY CLERK, ALL IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 34 NORTH, RANGE 119 WEST OF THE 6 P.M., LINCOLN COUNTY, WYOMING, AND BEGIN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE B.L.M. TYPE MONUMENT MARKING THE BAKER ENGINEERS PE /LS 698 LOCATION FOR THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (CW1/16S11) AND SAID PROPERTY; THENCE SOUTH 88 °53'08" EAST, ALONG THE NORTH LINE OF SAID PROPERTY, 261.45 FEET TO AN IRON PIPE SET MARKING THE NORTHEAST CORNER OF SAID PROPERTY; THENCE SOUTH 0 °08'17" WEST, ALONG THE EAST LINE OF SAID PROPERTY, 172.03 FEET TO AN IRON PIPE SET; THENCE NORTH 88 °43'34" WEST, 261.47 FEET TO AN IRON PIPE SET AT A POINT IN THE WEST LINE OF SAID PROPERTY; THENCE NORTH 0 °08'17" EAST, ALONG SAID WEST LINE, 171.30 FEET, TO A POINT OF BEGINNING with an address of 130 Perkins Lane County Rd 119, Thayne, WY 83127 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. 952421 in Book 743 at Page 402 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. COSPkg RECEIVED 5/25/2010 at 10:47 AM RECEIVING 953635 BOOK: 747 PAGE: 749 JEANNE WAG NER LINCOLN COUNTY CLEF AMERER, WY Certificate of Sale Gailey 10 -03779 Page 1 of 8 000750 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 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 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 $136,601.50 "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 $2,726.10 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 25, 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 Galley 10 -03779 Page 2 of 8 DATED at Kemmerer, Lincoln County, State of Wyoming, this 25th day of May 2010. STATE OF WYOMING COUNTY OF LINCOLN 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. 063aAMA,c ACKNOWLEDGMENT SS SAVANNA L. HAWKES NOUN FUl;ll COUNTY OF STATE OF LINCOLN WYOMING WYOMING ING Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Notary Public Certificate of Sale Gailey 10 -03779 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71786575345000403926 CERTIFIED MAIL NO. FSN: 71786575345000410559 CERTIFIED MAIL NO. NOPP: 71786575345000434975 John W. Gailey 130 Perkins Lane County Rd 119 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000403940 CERTIFIED MAIL NO. FSN: 71786575345000410573 CERTIFIED MAIL NO. NOPP: 71786575345000434999 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034 CERTIFIED MAIL NO. NOI: 71786575345000403964 CERTIFIED MAIL NO. FSN: 71786575345000410597 CERTIFIED MAIL NO. NOPP: 71786575345000435019 Department of Veterans Affairs 155 Van Gordon Street Denver, CO 80225 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71786575345000403933 CERTIFIED MAIL NO. FSN: 71786575345000410566 CERTIFIED MAIL NO. NOPP: 71786575345000434982 John W. Gailey PO Box 3344 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000403957 CERTIFIED MAIL NO. FSN: 71786575345000410580 CERTIFIED MAIL NO. NOPP71786575345000435002 Occupant 130 Perkins Lane County Rd 119 Thayne, WY 83127 000752 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 28, 2008 (the "Mortgage and recorded on July 29, 2008, at Reception No. 940864 in Book 701 at Page 29 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 John W. Gailey "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC f /k /a 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. 952421 in Book 743 at Page 402 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: Certificate of Sale Gailey 10 -03779 Page 4 of 8 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 NOTARY PUBLIC \KODE E Pt. ARSON f STATE OF WYOMING COUNTY OF NATRONA My Commission E pins Apr. 14, 2014 My commission expires: d// COSPkg FURTHER AFFIANT SAYETH NAUGHT. anette aldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on c)?c,. day of fl'1 w 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars�i Legal Services, LLC. (Signature of notarial officer) Ales Title (and R O iX53 Certificate of Sale Galley 10 -03779 Page 5 of 8 a t t'o C?N P eclose oft EC, as' the Mortga gee, will y l aw provided by causing the mort �l'Sh br De puty Sher est' iidde fo'r cash at the' "fFoiirdoor'of the 9 agg Avenue, Kem merer, WY, Ch bo' e de cribed amounts secured. a erty lie n described as,foll'or s, R f REFERRED TO IN' INSTRU AAY 1, 2000, B`O o K 445P1 'ON C tDUNTy CLERK, R SO LiT EST QUAR- i ,1 ANGE 119 WEST BEGIN IBED Ak S Fd e ?`:FOR fi NO R THWEST` OFFi BOUT ST lose'the Mortgage sby, record o ne' anti "the' asst'teri'(1'b) d aysprior rount du upon; the e+of+sale being�the> i iud i fncip al bati 5 the �stpublica- to treys' fees, costs ers "the date of first •m ay b subject to be`df�a t e sale 1v' j riM 1E oil tine before "sub improvements thereon situate and all fixtures and GMAC Mortgage, LLC 13'y Danette Baldacci astle +IPhnholdB� 's Legal Services LLC T,Ste 202 S2 09 0t )0 tot tb 5 have MO KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT OTICE ipal and interest has oc-- .e° ,Note dated; July 28„ y ortgagor(s)' to ee for GMA.0 real' estate 'te,' which o said Mort +Reception c✓✓'of'the' cola` County; ook' cio`Register of Deeds e'which by reason operative, and rio e' debt 'secured roceeding ST TY,17 ?AN 43 54" WE T; 2 L 7 FEET THE WEST LINE OF SAID ST, ALONG SAID WEST ThNING ounty Rd .119, `Thayne 3 7) 333 5379 EXHIBIT B Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 410 soro, Gene ature 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 �fl -�l 20 t() and the last publication being on the Z2 day of 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 CAPELIEN NOTARY PUBLIC County of` State of UnccI Wyoming Mir Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 7? day of Notary Si A.D., 20 (0 er. 000754 Certificate of Sale Galley 10 -03779 Page 6 of 8 PA f principal" and interest has o c= a (t N dated July 28, riey "Mortgapo to iota Systems,, `c a s nominee for GMVlAC b e C r Cation T ort agee e f e same "date e`curin the ecuted and del vered by Mortg to i e was re6` ded''intthe,`records of tc o ffic i o r egister of Deeds mean l for L ira hg, on'.Jul 29 2008 at Reception NO 9i dya ssi ned a v ae t#y Mort at R eception N'o 952421 in Book 4"45PR ON Y CLERK t'I`ER ,THE SOUTHWEST QUAR- 119 WEST WY,pMING, AND BEGIN UB "FOLLOWS CYPEMO MARKING THE LOCAZII FOR TI 'NORTHWEST r QIJ R 'TOE SOUTHWEST PROPERTY :THENCE SOUTH tOF SIXID 1?RO.PEAtY, ,A GYTHE.NORTHEAST E TCE SOUTH 008'17" WEST, RO 'ERTY,172.03 FEET T ®A^N 4' WEST, 261.,g7 FEET WE T LIN OF, SAID ST ALONG SAID WEST T w s of 1'30 Perkins Lan County Rd 119,,Thayne WY ,p opet y +being f oreclosed nponx maybe subject to e nbrance u rll no e extinguished at the. sale. urctiaser l o e ch e status of title-before sub close the�Mortgage re o a ofthe %S a e has been ossession. of the mortgaged a` eh at a fi Ace ,of ister Deeds cu. 20( se C ;PROPE L INir`;: l iens an ti e y "prospecti 1 reittr tg4a4bid; PICT. d" =for A �Uhouse located State of Wyoming on'May *25, 20 x( KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming UOSPkg 2 ursuant_to Wyoming Statutes Sec` e for e closur M e sale ,of the ab Mortgage, e £font door of the, Lincoln Co unty enue,- Kemmerer, WY, Lincoln Cou nty, drkw,vl M W... Teen postponed to 10 :00 o clock in the forenoon oor of ,the;'Lincoln COuntr Courthouse cOln C un ,Sta Of osz- GMAC, Mortgage LLC ettee^ ldacci 0; 'LLC te. 202 19 -0000 79 EXHIBIT B PUBLISHER'S AFFIDAVIT 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 'I consecutive issues /weeks; the first publication being day of day of a ,AL and the last publication Michae KEMMERER, WYOMING being STATE OF WYOMING )ss. COUNTY OF LINCOLN on the ,20 iO, on the 6 ,20 tO and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) sen, Publisher ROSEiv1ARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Notary Sig G ture Subscribed in my presence and sworn to before me on this cli day of --I'1\ a x L by i.el Jensen, Publi 6 i0 755 Uertlticate of Sale Gailey 10 -03779 Page 7 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 0:134.1/756 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 $2,726.10 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publicaton Cost Publication Cost NOPP FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Record Special Warranty Deed Sheriffs Fee Sale Sheriffs Fee Costs 600.00 712.00 97.50 8.00 565.80 496.80 125.00 50.00 29.00 11.00 11.00 10.00 10.00 Total $2,726.10 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 S to of Wyoming and residing therein. FURTHER AFFIANT T GHT. t ��IAA lNL k B�i:nette B.1! Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on ,2v day of c o 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarskf'Legal Services, LLC. COSPkg 'ith': FE-t NOTARY PUBLIC ODEE PEAR SON STATE OF WYOMING COUNTY OF IJATRONP a Cr mission Expires Apr, 14, 2014 My commission expires: Apr 1 ZO /y (Signature of notarial officer) Title (and RAnk) Certificate of Sale Galley 10 -03779 Page 8 of 8