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HomeMy WebLinkAbout9538586011018850 STATE OF WYOMING COUNTY OF LINCOLN The mortgage was assigned for value as follows: COSPkg CERTIFICATE OF SALE SS with an address of 794 Smoketree, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 6/8/2010 at 10:34 AM RECEIVING 953858 BOOK: 748 PAGE: 567 JEANNE WAGNER LINCOLN COUNTY CLERK, IERER, WY 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 24, 2006, executed and delivered by Russell A. Crow to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. and (b) that certain mortgage dated November 24, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 7, 2006, at Reception No. 925139 in Book 642 at Page 501 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: LOTS 2 AND 3 OF BLOCK 3 OF WEST VALLEY SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 14, 2010 Assignment recorded: April 22, 2010 Assignment recording information: at Reception No. 953056 in Book 745 at Page 814 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the May 13, 2010 issue of said Certificate of Sale Crow 10 -05136 Page 1 of 7 567 newspaper and ending with the June 3, 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 8, 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 $116,933.09 "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 $1,782.80 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 8, 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 8th day of June 2010. COSPkg Sheriff in and for Lincoln County, State of Wyoming M. Shane Johnson Title: Deputy Sheriff Certificate of Sale Crow 10 -05136 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Hackman Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of June 2010 My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SS SAVANNA L. HAWKES NOTARY PUBLIC tti'r COUNTY OF STATE OF LINCOLN WYOM G T' x „,may Commission Exp ires 1 77 Notary Public Certificate of Sale Crow 10 -05136 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 24, 2006 (the "Mortgage and recorded on December 7, 2006, at Reception No. 925139 in Book 642 at Page 501 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 Russell A. Crow "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 14, 2010 Assignment recorded: April 22, 2010 Assignment recording information: at Reception No. 953056 in Book 745 at Page 814 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: 71786575345000437372 CERTIFIED MAIL NO. FSN: 71786575345000445353 Russell A. Crow 794 Smoketree LaBarge, WY 83123 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000437389 CERTIFIED MAIL NO. FSN: 71786575345000445360 Russell A. Crow PO Box 181 La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 71786575345000437396 CERTIFIED MAIL NO. NOI: 71786575345000437402 CERTIFIED MAIL NO. FSN: 71786575345000445377 CERTIFIED MAIL NO. FSN: 71786575345000445384 BAC Home Loans Servicing, L.P. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 794 Smoketree Simi Valley, CA 93065 -6298 LaBarge, WY 83123 Certificate of Sale Crow 10 -05136 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 27, 2010 and the date of the first publication of the notice of foreclosure sale was May 13, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of 5o 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg g3t3 1 t ekreezl3:rra: 3.1, NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA A, r, Comm6sion r�roires Apr. 14 ©14 'q;u r' v.'.:s.3- ar.;R;;�..:"Y..f.?xsn: .:CFS:�i- ..r� .FSC4" My commission expires: Zo /`f anette B. •acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Title (and Rar Certificate of Sale Crow 10 -05136 Page 5 of 7 o .suitMor? bythe beetling' Writ )1iC tt`toti� R total stl other liens, Any pros matting „a NOS ee,w m e ortgage KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING aryw sanie erd record zrfi'of $i 14,3 anee oaf, i'10,8 '7 7�4i' lion oia t l's ittk tice expended, "tad`, ac% t o d:' ,2010 ,ecorc edtApa22, 2 150 eeording information at Re cept i on No. 953056 in Book C t" t o the ount .Cle an d e x o fficio Register of Deeds ounty'Wyoming ortgge contains a =.power of sale which by reason 7o tga t e c are to have become o and no as een�*ins t d a la +ito recover thetdebt secured �r'�orxt such siiit d no WOO COSPkg heel' sed Ripon may be subject to ?e`?extinguished' at the£sale. ofmtitlebefore'sub- 0ana Servicin L.P.; as the:Mort i "as bylaw provided bydcausing lik84nue by' the Sheriff or Deputy l'sto'" the `hi for e 8 2010 at the'front door 'of 5rSageAvenue, Ke'rniri'erer' above descri edp'amounts ;rty bean "g� describe t °as DIVI N "T' EXHIBIT B PUBLISHER'S AFFIDAVIT tere has oc- aced bvem ortgagor(s) ee for Couti- ortg4ge') of the, e cuted aid deliv= w is i `rttgage 25139 c ook 642`at' e�rk �an e x officio 0t V yomin x g; and ue a s foljo 0 foreclose the ^Mortgage by (Soh tlietrecord owner and the sOleast"tens(1'0) days'piior thefamount "due upon''the; notice} of� sale being: the is bf the?u'npaid,principal.bal- e'datetof the first publiCa 2 plus- attomeys'rfees; costs arges` aftergthetldate,of,first d; KEMMERER, 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 consecutive- issues /weeks; the first publication being on the 1'5 day of tt 20 10 and the last publication being on the day of RAZ 20 t C; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen74 Publisher ROSEMARY CAPELLEN NOTARY PUBUC County d State at Vacate Qk.t' Mbf My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 3 day of AD., 20 t 0 ael ensen, Publisher. at IWO) CVO Notary Si ature Certificate of Sale Crow 10 -05136 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 $1,782.80 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs sale fee Sheriffs deed fee State of Wyoming County of Natrona Fr rL;�, Y •i 4Y r. kf;..; NO 1ARY PUBLIC; EXHIBIT C AFFIDAVIT OF ATTORNEY SS STATE OF WYOMING l zcFlA1 CORNTY OF NATRONA amna�s coca 6 xEiYn A r 4 'U94 My commission expires: rip r. 4 20 /y 600.00 577.00 52.00 8.00 427.80' 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,782.80 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 State of W oming and residing therein. FURTHER AF -IA SA ETH i4 HT f ig! B Nanette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on day of ,((,rte 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) Title (and l nk) Certificate of Sale Crow 10 -05136 Page 7 of 7