HomeMy WebLinkAbout9537506011018847
CERTIFICATE OF SALE
STATE OF WYOMING
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 November 1, 2007, executed and delivered by T.
Wayne Devore to Mortgage Electronic Registration Systems, Inc., as nominee for
Countrywide Bank, FSB and (b) that certain mortgage dated November 1, 2007
(the "Mortgage securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
November 5, 2007, at Reception No. 934601 in Book 677 at Page 674 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:
LOT 84 OF PRATER CANYON ESTATES, UNIT NO. 1, LINCOLN
L- COUNTY, WYOMING AS SHOWN ON THE OFFICIAL PLAT
FILED ON OCTOBER 3, 1967 AS RECEIVING NO. 404249 IN
THE OFFICE OF THE CLERK OF LINCOLN COUNTY WYOMING
AS PLAT NO. 166
with an address of 17 Elkhorn Drive, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
00227
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: April 8, 2010
Assignment recorded: April 14, 2010
Assignment recording information: at Reception No. 952928 in Book 745 at Page
536
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, BAC Home Loans Servicing,
L.P. "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
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RECEIVED 6/1/2010 at 11:38 AM
RECEIVING 953750
BOOK: 748 PAGE: 227
JEANNE
LINCOLN COUNTY C, KEMMERER, WY
Certificate of Sale
Devore 10 -05153
Page 1 of 7
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
$221,138.69 "Bid Sum which was bid and offered by BAC Home Loans
Servicing, L.P. "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 $2,046.60 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.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Title: Deputy Sheriff
0.'2
Certificate of Sale
Devore 10 -05153
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
SS
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.
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
x s 1 22/ 11
My Commission Expires
Notary Public
Certificate of Sale
Devore 10 -05153
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
November 1, 2007 (the "Mortgage and recorded on November 5, 2007, at
Reception No. 934601 in Book 677 at Page 674 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 T. Wayne Devore "Mortgagor(s) the named
mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee
for Countrywide Bank, FSB is the named mortgagee, which Mortgage was
assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: April 8, 2010
Assignment recorded: April 14, 2010
Assignment recording information: at Reception No. 952928 in Book 745 at Page
536
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: 71786575345000434661
CERTIFIED MAIL NO. FSN: 71786575345000440303
T. Wayne Devore
17 Elkhorn Drive
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71786575345000434685
CERTIFIED MAIL NO. FSN: 71786575345000440327
BAC Hoine Loans Servicing, L.P.
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298
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CERTIFIED MAIL NO. NOI: 71786575345000434678
CERTIFIED MAIL NO. FSN: 71786575345000440341
T. Wayne Devore
PO Box 3266
Alpine, WY 83128 -0226
CERTIFIED MAIL NO. NOI: 71786575345000434692
CERTIFIED MAIL NO. FSN: 71786575345000440334
Occupant
17 Elkhorn Drive
Etna, WY 83118
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 22, 2010 and the date of the first publication of the notice
of foreclosure sale was May 6, 2010.
Certificate of Sale
Devore 10 -05153
Page 4 of 7
030
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
IU.0
ette Bale ►ci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiar ki Legal Services, LLC.
.2c, day of
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NOTARY PUBLIC
sODEE PEARSON
STATE OF WYOMING
COUNTY OF NATRONA
Commission Expires Apr. 14, 2014
aa3�•[ca :F: a�7t��. a;: n.r...-.nas
My commission expires:
4 62, 1i ZU(Li
(Signature of notarial officer)
Title (and R
Certificate of Sale
Devore 10 -05153
Page 5 of 7
006231
CO U'NTY,
ON OCTO
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICA`x'TON
KEMMERER GAZETTE
KEMMERER, WYOMING
CLOSURE SALE` NOTICE
AS, default. m the paytnert' f and oc-
rthe,terms of aspromrssory note (the `Note) dated Nove*n-
executed and,delrve ed15yT Wai`e Devore (Mortgagor(s)
a
eatro
tc Re istr ttori� Systents, Inc as ro;nrriee fo Conn-
e trio rtg Mortgage); of the
ortgage was executedandrdeliv-
agee, and *hit h'Mortgag was
in N o 934601 to Book677`at
County clerk and;`ex h officio
Tyonung and
e as follows•
eception No. 952928 ,in'B ook
ex-officio Register of Deeds
Wei Of sale which by reason
f t1 ag a' e x
oNand d t l t e I cS Ug e deola r edo have'beeoine operative, and no
slu t or procee as'
bee at law t o recoyex eb scured
tla rlixr r d aY e the d sr
u t 1v��a e,xor an i t�t�ie r of, nor ha s any su suit proceeding
15eb nst t auti esa�Y►e dls6opt uiue acid
eutn n ti. mstrt iziterit't o`foree ose the Mortgage e'by
e has be eh se �3ed upon the'record owner and the
remisessat least ten (10)'days prior
�to he bb �o oei ie th ub cat o an t h e amount due upon ^the
rt;a eso e "dat i`�o1 fir tt bl at of`this`noti e of s ale being the
Md
total s uit► of '217,071 31 which sum consi of th tmpaid p rin cip al b
anc ?o $210,2 9'91 pl us interest acc t o the dat of the f publica
tion of this�notice rn the amount of $6, 1. "40„ plus attorneys', fees, costs
expended and° accruing interest and. late charges after the date of first
publi of this' iotice sale
WHEREAS, The prop erty bein f upon may be subject to'
„otlhei liens ad eP,C, will `not;bt extinguished at the sale.
Any prospective purchaser should +esearch;theustus of title before sub
mitting a bid a
NO�'V, T 4C oni re 1: h' e ie ry crng L P as the Mort
i a t e
agee� vcyal� k aye t1 xt$aepfiecltlsed n a'1zY la povrdect by causin
ttte mortgage pxgpez ,2ctsglt atu1ieveue by tle Sheriff or Deput
Shell in an d for L ico�l Lounty,• Wyom t th highest. bidder for
forenoon on Tu ne 1 2Q1;9;',' at t he front door of
ous lo at o Sage Av "I emmerer,
mdO
l
a cati n r
on t$i above described amounts.
said tiiu ,o ..e, bein described as
'p ,3 a d�' km+. to
AN d 171 TATES, UNTET NO 1, LI
SHOWN OFFICIL PLAT FILED
RECE Cx NO 404249 A IN T'HE O}''r'E
OL CC) II �VYOM GAS
7° Elkhorn: Drive, Etna,'WY $3118.,
prove etit�s thereon situate and all' fixtures and
"k BACHome Loans' Servicing, L.P.
By Danette Baldacci
tawrarskr Legal Services LLC
3`30 S. Walsh Dri e, Ste., 202
Casper WY 82609 0000
(307) 333` 5379
EXHIBIT B
��Y e S'11f �iDAVI i
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Michael 3e
ROSEMARY CAPELLEN NOTARY PUBLIC
County of
Lincoln
by nsen, Publi
Publisher
State of
Wyoming
My 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 to
Notary Si
Z
day of/\ t'£jd
and the last publication being on the __a_7
day of 20 l 0
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in my presence and sworn to
before me on this ,a7 day of
20
Devore 10 -05153
Page 6 of 7
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 $2,046.60
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
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 AFFIANT YETH N UGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
26 day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
4:9.£ 4 4 7J4rfi 3.S1 [it T 1 >L! ICs l z±;r +04.1 %'J
h10TAI r4
KODEE 5' SCAN
STATE-: OF WYOMING
+a
COUNTY 1 (1f NATRONA
Pity Commission fc pert s 1qm 14F 7014
SrwwWic,e,, +r,dcas',A.,' r,{ ,r t..rw4.k r.
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
AWL.
nette Ba ac•F
Cas Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
4
SS
(Signature of no rial officer)
Title (andnk)
600.00
802.00
52.00
8.00
441.60
25.00
50.00
26.00
11.00
11.00
10.00
10.00
$2,046.60
Certificate of Sale
Devore 10 -05153
Page 7 of 7