Loading...
HomeMy WebLinkAbout9537486011018906 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE RECEIVED 6/1/2010 a 11:25 AM RECEIVING 953 BOOK: 748 PAGE: 213 SS JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, W 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 August 28, 2006, executed and delivered by Tammy Carlston to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated August 28, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 30, 2006, at Reception No. 921903 in Book 632 at Page 130 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: THE SOUTH HALF OF THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 33 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING, BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 29 OF PHOTOSTATIC RECOlkDS ON PAGE 488 AND PART OF THAT TRACT OF RECORD IN THE SAID OFFICE IN BOOK 263 OF PHOTOSTATIC RECORDS ON PAGE 80, DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE AT THE NORTHEAST CORNER OF THAT TRACT OF RECORD IN THE SAID OFFICE IN BOOK 244 OF PHOTOSTATIC RECORDS ON PAGE 12, SOUTH 17 °50.0' EAST, 782.57 FEET FROM THE CENTER ONEQUARTER CORNER OF SAID SECTION 35, FOUND AS DESCRIBED IN THAT CERTIFIED LAND CORNER RECORDATION CERTIFICATE FILED IN THE SAID OFFICE; THENCE NORTH 89 °17.6' EAST, 209.09 FEET TO A PIPE; THENCE SOUTH 00 °06.4' WEST, 294.10 FEET TO A PIPE; THENCE CONTINUING SOUTH 00 °06.4' WEST, 30.14 FEET TO A 3/8" X 12" STEEL SPIKE ON THE SOUTH LINE OF THE NORTH THIRTY -TWO AND ONE -HALF ACRES OF THE SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89 °39.1' WEST, 203.97 FEET ALONG THE SAID SOUTH LINE TO A 3/8" X 12" STEEL SPIKE; THENCE NORTH 00 °47.9' WEST, 23.05 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF RECORD IN BOOK 244, MARKED WITH A PIPE; THENCE CONTINUING NORTH 00 °47.9' WEST, 299.89 FEET ALONG THE EAST LINE OF THE SAID TRACT OF RECORD IN BOOK 244 TO THE PIPE OF BEGINNING The mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: March 29, 2010 Assignment recorded: April 12, 2010 Assignment recording information: at Reception No. 952871 in Book 745 at Page 351 COSPkg with an address of 176 Worton Lane, Auburn, WY 83111 -8800 Together with all improvements thereon situate and all fixtures and appurtenances thereto. Certificate of Sale Carlston 10 -06483 Page 1 of 7 0OQ,.F213 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, MidFirst Bank "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 May 6, 2010 issue of said newspaper and ending with the May 27, 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 June 1, 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 $152,979.96 "Bid Sum which was bid and offered by MidFirst Bank "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 $2,111.20 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 June 1, 2010, the date of the sale, COSPkg Certificate of Sale Carlston 10 -06483 Page 2 of 7 0&21.4 unless the property shall have been time. DATED at Kemmerer, 1st day of June STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg COUNTY OF LINCOLN ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 1st day of June 2010. Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC Jay Commission Expires 000215 redeemed as provided by law prior to that Lincoln County, State of Wyoming, this 2010. By: SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming STATE OF WYOMI G Print tame: John Jackman Title: Deputy Sheriff Certificate of Sale Carlston 10 -06483 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 August 28, 2006 (the "Mortgage and recorded on August 30, 2006, at Reception No. 921903 in Book 632 at Page 130 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 Tammy Carlston "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: March 29, 2010 Assignment recorded: April 12, 2010 Assignment recording information: at Reception No. 952871 in Book 745 at Page 351 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: 71786575345000432599 CERTIFIED MAIL NO. FSN: 71786575345000440129 Tammy Carlston 176 Worton Lane Auburn, WY 83111 -8800 CERTIFIED MAIL NO. NOI: 71786575345000432612 CERTIFIED MAIL NO. FSN: 71786575345000440143 MidFirst Bank 999 NW Grand Blvd. Oklahoma City, OK 73118 -6054 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000432605 CERTIFIED MAIL NO. FSN: 71786575345000440136 Tammy Carlston P.O. Box 96 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71786575345000432636 CERTIFIED MAIL NO. FSN: 71786575345000440150 Occupant 176 Worton Lane Auburn, WY 83111 -8800 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 21, 2010 and the date of the first publication of the notice of foreclosure sale was May 6, 2010. Certificate of Sale Carlston 10 -06483 Page 4 of 7 021.6 State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. nette Bald Ca Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on ,a4 day of 016. 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarki Legal Services, LLC. N y OTARY PPRlt KODEE PEAR SON 1 STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 COSPkg My commission expires: A t er (y, Zoiy (Signature of notarial officer) i P��vc Title (and R Certificate of Sale Carlston 10 -06483 Page 5 of 7 -941 gage y �;ua Bogk632Nat (=-o icio other liens,�a Ary,prosp ec. TOST ATTC;4 BEGINN T/-1 tTRA( PHOTOSTA 782`57 SAID SECTI LAND KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING ui Mortgage foreclosei erty to be s at, p Linci li,i C ?unt in;'the eon,: Q Cdtirthouse loeate`d 925; fot P hcati0i app stir arch 29, 2910 April 12, 2010 orm at Reception No 952871 ui Book t o ,e County C lerk an R egister of;Deeds` gage contains a power of sale ;w hich b reason a ee decl es to have beco o a n d n o en instit�i l aw to recov the debt secured part hereof i or bas air suc suit or proceeding ar ie tltscoxifu ued, anil notice of infent t� foreclose the Mortgage'by has b'e ser��d upon,. recozd owner end the r a d k no:. ces, that wkX 1iU astle, Meinhold &'Stawiax's D� F ka" in and for EI' o s f said d e' uj u een ms titdtu and ties WHEREAS, vertise e t and4 s 6� pity in po session, fti mortgag pre ses at st ten (10) d p totlie c�lnr ienc niett o 'thi ubiioa o n i ya�nd th ea amount due. u on the ad Mortgage on tal da of st publication of thus notice? of, sale being the total °1149,8`93 3 9 which s a b he d un dpr g aLbal 42 335 41i lus inters f ace k 'to the ate o f the ubli aneeof$l. P o r t'on Of tlu notice i th �amou of� 5 us a ttorne ys c osts d 1 a y ttd r o iS 1 t t a a rya eXendetl',.andacer4nng iiiterest;andlate charges a f tex thedatg of, publications Of this noti of safe r RE Th e pr op erty b eing RECORJ� BQ TUNE OG A �F PIPE OF,BEG`,' wi tlu'an address, of 'PC ahas August nip( "MO or(s)» as n ot i ine e ©r First x 1; estate mort (the "Mort e sec the Note, which Mortgage was executed c g ag o r (s ),i t t o I a id."Mortgagee,,andwhichMort ugust 30, 2006, at Reception. No. 921903 in th e records of the office of the County Clerk and eeds in and for Lincoln County, State of Wyo- age was'assigned Value`as folio AST C F HICE IN BOOK 244 OF ORD`S ONPAAGE SOUTT3 '17 EAST THE CENTER ,ONEQ UARTER CORNER OF SO AS D IN THAT. CERTIFIED DATION C ERTIFICATE FILED IN THE NO 4. EAST,, 209.09 FEET TO A 0 °06 4 WEST 294.10 FEET,.TO A PIPE; '14.PEET TO A` E NORTH TIE S"T` S OU T H O O:A 5 EXHIBIT B PUBLISHER'S AFFIDAVIT subject to t th` e� sal r y a t o sub 1 prop t for o clock c ounty ounty, ort- 'HWE'ST I O'3, tTY, IN TIME 9,OF TTIAT :F PI40 F THE CON- r i f i OIG TIIE EAST N B OOK 24'TO THE 111 880 urn, WY 830. situate and all fixtures and` MidFirst Bank e Baltlacci 6D' KEMM.ERER; 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 .4 consecutive issues /weeks; the first publication being on the In day of d 20 10 and the last publication being on the _a day of -/rYI 6 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael en, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of 1 i 1• State of Lincoln V, Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this day of Certificate of Sale Carlston 10 -06483 Page 6 of 7 rd 0,40 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 $2,111.20 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 AF' ANT :ETH NAUGHT CAA i y: nette Baldacci Cos e, 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 2.(.. day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar. ki Legal Services, LLC. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Tax Update Fee Total $2,111.20 NOTARY PUBLIC KODEE PEARS ON STATE OF WYOMING t (J J Ty OF NA RoNt Commis ion Expires Apr. 14 2 014 My commission expires: Apt /1-6 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) Title (and Flank) 650.00 645.00 52.00 14.00 607.20 50.00 26.00 11.00 11.00 10.00 10.00 25.00 Certificate of Sale Carlston 10 -06483 Page 7of7