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HomeMy WebLinkAbout9539846011019028 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS "'C, 164 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 18, 2007, executed and delivered by Bradley Bassett to Beneficial Wyoming, Inc. and (b) that certain mortgage dated October 18, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 24, 2007, at Reception No. 934306 in Book 676 at Page 528 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: 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, Beneficial Wyoming Inc. "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 COSPkg PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 31 NORTH, RANGE 118 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE RUNNING THENCE EAST 16 RODS; THENCE SOUTH 535 FEET; THENCE WEST 16 RODS; THENCE NORTH 535 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM LAND CONTAINED IN WARRANTY DEED RECORDED MAY 1, 1929 IN BOOK 16 OF DEEDS, ON PAGE 124 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. EXCEPTING THEREFROM LAND CONTAINED IN WARRANTY DEED RECORDED JUNE 1, 1982 IN BOOK 187 P.R., ON PAGE 605 OF RECORDS OF LINCOLN COUNTY CLERK. EXCEPTING THEREFROM LAND CONTAINED IN QUITCLAIM DEED RECORDED APRIL 18, 1995 IN BOOK 367 P.R., ON PAGE 147 OF THE RECORDS OF LINCOLN COUNTY CLERK with an address of 3672 State Highway 241 Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 6/15/2010 at 10:34 AM RECEIVING 953984 BOOK: 749 PAGE: 164 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Bassett 10 -09325 Page 1 of 7 ''1.65 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 20, 2010 issue of said newspaper and ending with the June 10, 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 15, 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 $90,467.78 "Bid Sum which was bid and offered by Beneficial Wyoming Inc. "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 $1,896.00 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 15, 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 Bassett 10 -09325 Page 2 of 7 .rte ,7.166 DATED at Kemmerer, Lincoln County, State of Wyoming, this 15th day of June 2010. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 15th day of June 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. HANES NOTARY PUBLIC COUNTY OF (d STATE OF LINCOLN f 1 G Qpmission Expires 1 WYOMI M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print N e: John Stetzenbach Title: Deputy She ±iff Notary Public Certificate of Sale Bassett 10 -09325 Page 3 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 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 18, 2007 (the "Mortgage and recorded on October 24, 2007, at Reception No. 934306 in Book 676 at Page 528 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 Bradley Bassett "Mortgagor(s) the named mortgagor(s), and Beneficial Wyoming, Inc. is the named mortgagee. 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: 71786575345000444912 CERTIFIED MAIL NO. FSN: 71969009843000451507 Bradley Bassett 3672 State Highway 241 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000444936 CERTIFIED MAIL NO. FSN: 71969009843000451521 Beneficial Wyoming Inc. 636 Grand Regency Blvd Brandon, FL 33510 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 6, 2010 and the date of the first publication of the notice of foreclosure sale was May 20, 2010. COSPkg FURTHER AFFIANT SAYETH NAUGHT. EXHIBIT A ''1?;,;" 16' AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71786575345000444929 CERTIFIED MAIL NO. FSN: 71969009843000451514 Occupant 3672 State Highway 241 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71786575345000445872 CERTIFIED MAIL NO. FSN: 71969009843000451538 Beneficial Wyoming Inc. 1363 Dewar Drive, Plaza Mall Ste. 8 Rock Springs, WY 82901 :;%-aiy.nette Ba'•acci Castle, Meinhold, Stawiarski Legal Services, LLC Certificate of Sale Bassett 10 -09325 Page 4 of 7 State of Wyoming County of Natrona This instrument was acknowledged before me on /b day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. COSPkg ^+'1!NF.tF,sat e: i'.�±_?f.� Mry�e,w�� Nc rARV I'I IP1LIC K: O D E P [o A R S O N FilAirF OI WYONIINt r ()LINt 1 O( f All ONA rnnorti siun fixptn:b Ape 1 7h 14 rretvnc�r .:.w�:�r�n.r.wwwR,we,ei My commission expires: /q 20/ 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Title (and Rank) Certificate of Sale Bassett 10 -09325 Page 5 of 7 168 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING otic may be si bJect:to Utshe t sale. of of title before sub- 6`7 1AE1605 PUBLISHER'S AFFIDAVIT interest has oe- aced October agot(s) tb ortgage e,wasA executedh'and d w1uc7vlottgage o 930)6 ui Book `ounty'Clerk and, ex- State .ofY Wyoming; f sale Whicis.by reason Become operati'e;*aOno i thefcdebt secured .y such suit or proce'edi> g eclose the Moxtgagevby he record owner and Ftlie least ten�(10,)rida} sap s no the amountdue up� notice of sale be f,theeujnpatdprr nci baI- first 0.0611 ca usa torneysPfee of ortgagee,,will causing the,:mort- ff or D eputy S her- highest bidder for cas at 10 at the front'door of the e Avenue, Kemmerer, WY, lescribed amounts:secured �tngldescribeda as follows, THE SOtJ WEST )RTH yRAN 'l 18 YOOC BEING EC= O TH 53'5 R, Y. EEDS, ON PAGE P OE EXHIBIT B AIM KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN nager. oro, General 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 4 consecutive issues /weeks; the first publication being on the day of I .-VYI(II 20 10 and the last publication being on the _10_ day of 20 10_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) a Tesoro, General Manager ROSEMARY CAPE NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in rriy "presence and sworn to before me on this 10 day of Notary Sign A.D 169 Bassett 10 -09325 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication -Cost Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee State of Wyoming County of Natrona NOTARY PUn t k P ODES PEA SON° STATE O)f'WYOMING COUNTY OF NATRONA My zntmis sio“ t xpinc s Apr. 14, 2r)1 l My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $1,896.00 as compensation for services actually rendered in the foreclosure proceeding. (Sign ture of notarial officer) Title (and Ralik) 600.00 667.00 39.00 483.00 50.00 26.00 11.00 10.00 10.00 Total $1,896.00 70 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 AFF 4 NT S ETH NAUGHT. i MIA ette Bald IMP7Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on /J day of 11) 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Certificate of Sale Bassett 10 -09325 Page 7 of 7