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HomeMy WebLinkAbout9539156011018812 *Corrective Certificate of Sale recorded to correct the notary on Page 8 of the Certificate of Sale recorded May 18, 2010 at Reception No. 953517 in Book 747 at Page 422. STATE OF WYOMING COUNTY OF LINCOLN CORRECTIVE CERTIFICATE OF SALE SS Oi 781. 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 October 23, 2008, executed and delivered by Donald E. Long and Bonnie Erickson Long to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC fka GMAC Mortgage Corporation and (b) that certain mortgage dated October 23, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 30, 2008, at Reception No. 943303 in Book 708 at Page 99 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 14, T31 N, R119W OF THE 6 111 P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14 AND RUNNING THENCE N 90 DEGREES 00'W, (BASIS OF BEARING) ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 1455.67 FEET TO THE POINT OF BEGINNING; THENCE S 00 DEGREES 00' E, A DISTANCE OF 1320.00 FEET; THENCE S 90 DEGREES 00'E, A DISTANCE OF 330 FEET; THENCE N 00 DEGREES 05'17 "W, A DISTANCE OF 1032.69 FEET; THENCE N 38 DEGREES 53'25" E, A DISTANCE OF 326.03 FEET; THENCE N 00 DEGREES 00'E, A DISTANCE OF 33.55 FEET; THENCE N 90 DEGREES 00'W, A DISTANCE OF 533.10 FEET TO THE POINT OF BEGINNING, EXCEPTING THE COUNTY ROAD THEREFROM 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. 952422 in Book 743 at Page 403 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 with an address of 1136 Dry Creek Road, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 6/11/2010 at 11:20 AM RECEIVING 953915 BOOK: 748 PAGE: 781 JEANNE WAC LINCOLN COUNTY CLERK, KtmMERER, WY Certificate of Sale Long 10 -03948 Page 1 of 8 c:0{',782 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 three (3) consecutive weeks, commencing with the April 29, 2010 issue of said newspaper and ending with the May 13, 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 18, 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 $218,562.40 "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 $2,693.10 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 18, 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 Long 10 -03948 Page 2 of 8 DAT at Kepmerer, Lincoln County, State of Wyoming, this day of Jug 2010. STATE OF WYOMING COUNTY OF LINCOLN M. ASHLEY NOTARY PUBLIC COUNTY OF STATE OF M C014 !renown MY COMMISSION �:XPIRF_S DECEMBER 4, 2011 COSPkg SS Witness my hand and official sea M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ACKNOWLEDGMENT By: Print Narfie John P. Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my pretence and acknowledged before me by John P. Stetzenbach 4 Dputy S,beriff of Lincoln County, State of Wyoming, th day of 2010. No a Pu•lic 0-(kao 83 Certificate of Sale Long 10 -03948 Page 3 of 8 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 October 23, 2008 (the "Mortgage and recorded on October 30, 2008, at Reception No. 943303 in Book 708 at Page 99 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 Donald E. Long and Bonnie Erickson Long "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC fka 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. 952422 in Book 743 at Page 403 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. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Donald E. Long 1136 Dry Creek Road Afton, WY 83110 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Bonnie Erickson Long 1136 Dry Creek Road Afton, WY 83110 N01: 71786575345000404008 FSN: 71786575345000410481 NOPP: 71786575345000434890 N01: 71786575345000404022 FSN: 71786575345000410504 NOPP: 71786575345000434913 CERTIFIED MAIL NO. NOI: 71786575345000404046 CERTIFIED MAIL NO. FSN: 71786575345000410528 CERTIFIED MAIL NO. NOPP: 71786575345000434937 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Donald E. Long PO Box 1778 Afton, WY 83110 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Bonnie Erickson Long PO Box 1778 Afton, WY 83110 N01: 71786575345000404015 FSN: 71786575345000410498 NOPP: 71786575345000434906 N01: 71786575345000404039 FSN: 71786575345000410511 NOPP: 71786575345000434920 CERTIFIED MAIL NO. NOI: 71786575345000404053 CERTIFIED MAIL NO. FSN: 71786575345000410535 CERTIFIED MAIL NO. NOPP: 71786575345000434944 Occupant 1136 Dry Creek Road Afton, WY 83110 ;)7+84 Certificate of Sale Long 10 -03948 Page 4 of 8 CERTIFIED MAIL NO. NOI: 71786575345000404060 CERTIFIED MAIL NO. FSN: 71786575345000410542 CERTIFIED MAIL NO. NOPP: 71786575345000434968 Department of Veterans Affairs 155 Van Gordon Street Denver, CO 80225 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 JESSICA DUTY STATE OF WYOMING COUNTY OF NATRONA Commission Ex Ires Jul 19, 2010 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. x By: ette Bali ci Caste, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Sit This instrument was acknowledged before me on I day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Si•e; ure of notarial offi 4A• Title (and Rik) i9, z0( o Certificate of Sale Long 10 -03948 Page 5 of 8 Long as "1110' tr�in eri gal E T ATI TIE T N ",■0 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming closed upon may be sublect;to no`' lie extinguish at'ithe sale. h me status`o title before sub ratrt to Wyoming' Statutes Sec- e H of the;> above Mort gage, n£ or of the 411'c County Cen merer, WY Lincoln County, ��r o'clo k wri th forenoon x cO i C Yii ty�C ourthouse irib Count, °i State ",of; uuSrKg est has oc dO ctober rioks'op'' istration "Systems, Inc.,` LC ,N19 gage Corpora e "Mortgage') Of the as executed 44d detiv grtgage'was recorded cio Register of October `30, erof heeds' serve; remises isEC ASIS �T:14 :G;' EET;; ■(E SCE f 90 F acci; 0000 79 F EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I Jensen, Publish 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 c day of 20 10 and the last publication being on the 13 day of L Michae 20; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) nsen, Publisher ROSEMARY GAPELL N NOTARY PUBLIC kiwis Wyoming Commisslon Expires Mey S, 2012 Subscribed in my presence and sworn to before me on this 13 day of I 4 I A' Notary Sign re A.D., 2 I0 y� 1.2 Y uerti icate or bale Long 10 -03948 Page 6 of 8 r A :q R mow/ KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT 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 'q consecutive issues /weeks; the first publication being on the day of and the last publication being on the 72 day of l h 20_10_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesor by, Ma- Tesoro, Ge Notary nature Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 20 IC General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 2 2. day of A.D., 20 (0 ager. Certificate of Sale Long 10 -03948 Page 7 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS ;0788 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 $2,693.10 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Publication Cost NOPP Conduct Sale Record Cert of Sale Record Sheriff's Deed Record Special Warranty Deed Sheriffs Fee Sale Sheriffs Fee Costs FTP Update Total $2,693.10 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 State of Wyoming and residing therein. FURTHER AFFIANT S' TH NAU..HT. jai nette Balrrcci 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 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NOTARY JESSIC DU STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jul 19, 2010 My commission expires: COSPkg (Sign are of notarial offices( Title a nd Rarr66..VVcc VV T (and 19 Z©i 0 600.00 847.00 136.50 8.00 524.40 331.20 50.00 29.00 11.00 11.00 10.00 10.00 125.00 Certificate of Sale Long 10 -03948 Page 8 of 8