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HomeMy WebLinkAbout953749STATE OF W` Om11ira 1 te'''sar 3�h�asb of lawful age, being first duly sworn upon his .oath, states and ce follows: 1. That he is the duly elected and acting Sheriff in and for 'Lincoln 6ounty 'of „Wyoming, and makes this Certificate of Sale in his capacity as such. .CERTIFICATE OF SALE 000220 2. That a default has occurred under the terms of (a) that certain promiss y :note ted,.May 25, 2007, ,executed and delivered by Daniel Edwin Spafford and Wendy M. Spafford to Mortgage Electronic Registration Systems, Inc., as .nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated May 25, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on. May 29, 2007, at Reception No. 929809 in Book 659 at Page 661 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 33, T34N R118W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION ;33, 'AND RUNNING THENCE EAST ALONG THE QUARTER SECTION: LINE 184 FEET THENCE SOUTH 236.74 FEET; THENCE WEST 184 FEET; THENCE NORTH ALONG THE SECTION LINE 236.74 FEET TO THE PLACE OF BEGINNING with an address of 505 County Road 123, Bedford, WY 83112 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: April 6, 2010 Assignment recorded: April 14, 2010 Assignment recording information: at Reception No. 952929 in Book 745 at Page 537 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, First Horizon Home Loans, a Division of First Tennessee Bank National Association "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. COSPkg RECEIVED 6/1/2010 at 11:33 AM RECEIVING 953749 BOOK: 748 PAGE: 220 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Spafford 10 -05202 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 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 $175,000.00 "Bid Sum which was bid and offered by First Horizon Home Loans, a Division of First Tennessee Bank National Association "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 $2,247.80 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, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 1st day of June 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print fe: John Jackman Title: Deputy Sheriff Certificate of Sale Spafford 10 -05202 Page 2 of 7 000221 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 1st day of June 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. HAN9tg N6610 .8,116 COUNTY OF STATE OF l! LINCOLN WYEM 0 Commission Expires ACKNOWLEDGMENT SS 1\VIA2f2 Notary Public 00 )2 Certificate of Sale Spafford 10 -05202 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 May 25, 2007 (the "Mortgage and recorded on May 29, 2007, at Reception No. 929809 in Book 659 at Page 661 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 Daniel Edwin Spafford and Wendy M. Spafford "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: First Horizon Home Loans, a Division of First Tennessee Bank National Association Assignment dated: April 6, 2010 Assignment recorded: April 14, 2010 Assignment recording information: at Reception No. 952929 in Book 745 at Page 537 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. N01: 71786575345000430502 CERTIFIED MAIL NO. FSN: 71786575345000440044 Daniel Edwin Spafford 505 County Road 123 Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 71786575345000430526 CERTIFIED MAIL NO. FSN: 71786575345000440068 Daniel Edwin Spafford 200 Finger Street Camarva Lake View, IA 51450 CERTIFIED MAIL NO. NOI: 71786575345000430540 CERTIFIED MAIL NO. FSN: 71786575345000440082 Daniel Edwin Spafford 11304N 189th East Ave Owasso, OK 74055 -8155 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. N01: 71786575345000430519 CERTIFIED MAIL NO. FSN: 71786575345000440051 Wendy M. Spafford 505 County Road 123 Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 71786575345000430533 CERTIFIED MAIL NO. FSN: 71786575345000440075 Wendy M. Spafford 200 Finger Street Camarva Lake View, IA 51450 CERTIFIED MAIL NO. NOI: 71786575345000430557 CERTIFIED MAIL NO. FSN: 71786575345000440099 Wendy M. Spafford 11304 N 189th East Ave Owasso, OK 74055 -8155 Certificate of Sale Spafford 10 -05202 Page 4of7 CERTIFIED MAIL NO. NOI: 70092820000264284925 CERTIFIED MAIL NO. FSN: 70091680000238574981 First Horizon Home Loans, a Division of First Tennessee Bank National Association 4000 Horizon Way Suite 100 Irving, TX 75063 CERTIFIED MAIL NO. NOI: 71786575345000430571 CERTIFIED MAIL NO. FSN: 71786575345000440112 First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 19, 2010 and the date of the first publication of the notice of foreclosure sale was May 6, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars Legal Services, LLC. 12c day of ra COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY mimic IF: PEARS WYOtW G ;OU +T OF N 1rsxoNI\ Commission Enpire5 Apr. 1 1, 20V My commission expires: CERTIFIED MAIL NO. NOI: 71786575345000430564 CERTIFIED MAIL NO. FSN: 71786575345000440105 Occupant 505 County Road 123 Bedford, WY 83112 f4 Z(71 ette Balda'cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ra Certificate of Sale Spafford 10 -05202 Page 5 of 7 74 public tto other liens an Any propsecti mithn 'a, t ia, ttgagee, wi11 -Haire "the NOW THEREFORE First,I o otie, bans° a Division oFirst ssoor Tennessee; Bank J Nation lvtortgage' drecl o�edtIIaslby ;'a+iYrf�i'� Liilcoln eb tnt}� ybi venue ielfPig est irlc e ation: at Reception No. °952929 in Book s breclosed `�ipon;•may be `subject r S ill riot, be extinguished' at the' sale earoietstatus tiitleliefore; sub s d ;5 zty t be sold at public venu by t e Shieriff or Deputy Sheriffi'in andfor rfor cash tierif 00Eo'+ Tocl� in the forenoon onvxune 1,,.20 a�tttll o db r bf tli L ohi County e nt o e inc Courtkiou� se�lb�catd t925 a'gc Avenue, Tie dt ®r�`WY, Lincoln County, fox applic`ou on'he abobeldescnbed amounts" secured b yyth'e Mort- gage;�aid,"mb gagedipro being descnlied as follows, to'wit FAR' a r i f 01 .33, 3�} �118W OF TF E 6TH P'M LIN tb dfecose the Mgag orte tH`iee nand the at'least'ten (10)`'days prior the amount due upo th is notice of sale'being�the f�t`he�unp�aid p incipal`al- e date$of the "firsttpublica plu`s'aftomeys''fees costs ge s; after the date of "first iTTIHI NCt TIENCE CE` OR A CE'OFIBE' ie suit'o proceet Yr= by theroM been institute total, sit. mice of SCof 505 Coun KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING i yoining: e contain a power of sale which by r eason ageedeclares^ to have b operative, an nq may ted t,law to recover t d eb t s ecured yam thereo nor has n such suit proceedin k dlsgpnti ue -i" ror EXHIBIT B PUBLISHER'S AFFIDAVIT teiils, oip oration, and a rea, ate securin e Note; said` vlay 29oftgago20r(" 0 t g at d on 1VI" e reco o e eds in and for e s ision of First Tennessee -officio Register of Deeds' tiiate '"and all fi tun and �iviston'of FirstTenness Bank t lati "onal Ass`ociafion By "Danette Bialdac`ci Stawi ki Legal services' LI:C 30 S. Wal D ive Ste 202 a §per; WY 82609 atu re ROSEMARY CAPELLEN NOTARY PUBLIC Coney Of N State of Um* Wyoming Commission Expires May 5, 2012 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 20 ICS and the last publication being on the ZI ,20 LO; day of day of LAM 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 Subscribed in my presence and sworn to before me on this oP,1 day of Jensen, P Notary Si KEMMERER, WYOMING STATE OF WYOMING )ss COUNTY OF LINCOLN l'CI L1111-k IIC V I JGIC Spafford 10 -05202 Page 6 of 7 .0O,; .a22S 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 $2,247.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Tax Update Fee Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $2,247.80 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 AFFIAN SA' ETH UGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar %ki Legal Services, LLC. 9 day of r E. CSI s IAAIf_ i.)(F ',NY!.t Pail iRl .:OLI T,' 1\1 ,rt; C'rnmi r_3u r An( My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS y: Janette 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) 700.00 780.00 117.00 11.00 496.80 25.00 50.00 26.00 11.00 11.00 10.00 10.00 6 Certificate of Sale Spafford 10 -05202 Page 7 of 7