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Home My WebLink About9540526011018948 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 October 9, 2007, executed and delivered by David Joseph Truax and Esperanza Montoya -Truax to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank and (b) that certain mortgage dated October 9, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 17, 2007, at Reception No. 934136 in Book 675 at Page 830 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 28 REES SUBDIVISION, AS SHOWN BY THE OFFICIAL PLAT THEREOF RECORDED SEPTEMBER 1, 1955 IN THE OFFICE OF THE RECORDER OF LINCOLN COUNTY, WYOMING, AS PLAT NO. 171 AND BEING PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 118 WEST OF THE SIXTH PRINCIPAL MERIDIAN with an address of 76 Spruce Street Alpine, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 2, 2010 Assignment recorded: May 6, 2010 Assignment recording information: at Reception No. 953272 in Book 746 at Page 691 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. COSPkg RECEIVED 6/22/2010 at 10:21 AM RECEIVING 954052 BOOK: 749 PAGE: 376 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Truax 10 -07485 Page 1 of 7 00C,376 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 27, 2010 issue of said newspaper and ending with the June 17, 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 22, 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 V437, 45ft 74 "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 $2,535.40 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 22, 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 22nd day of June 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: John Jackman Print Name; Title: Depu Certificate of Sale Truax 10 -07485 Page2of7 STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: 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 22nd day of June 2010. Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF f; STATE OP LINCOLN ''to MOM y,Commission Fvire Certificate of Sale Truax 10 -07485 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 October 9, 2007 (the "Mortgage and recorded on October 17, 2007, at Reception No. 934136 in Book 675 at Page 830 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 David Joseph Truax and Esperanza Montoya -Truax "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: April 2, 2010 Assignment recorded: May 6, 2010 Assignment recording information: at Reception No. 953272 in Book 746 at Page 691 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: 71786575345000449481 CERTIFIED MAIL NO. FSN: 71969009843000458254 David Joseph Truax 76 Spruce Street Alpine, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000449504 CERTIFIED MAIL NO. FSN: 71969009843000458278 Esperanza Montoya -Truax 76 Spruce Street Alpine, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000449528 CERTIFIED MAIL NO. FSN: 7196900984300045292 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000449498 CERTIFIED MAIL NO. FSN: 71969009843000458261 David Joseph Truax PO Box 10191 Jackson, WY 83002 -0191 CERTIFIED MAIL NO. NOI: 71786575345000449511 CERTIFIED MAIL NO. FSN: 71969009843000458285 Esperanza Montoya -Truax PO Box 10191 Jackson, WY 83002 -0191 CERTIFIED MAIL NO. NOI: 71786575345000449542 CERTIFIED MAIL NO. FSN: 71969009843000458308 Occupant 76 Spruce Street Alpine, WY 83127 Certificate of Sale Truax 10 -07485 Page 4 of 7 3C,1,379 CERTIFIED MAIL NO. NOI: 71786575345000449559 CERTIFIED MAIL NO. FSN: 71969009843000458315 1 Bank 79 Highway 89 P.O. Box 3110 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 12, 2010 and the date of the first publication of the notice of foreclosure sale was May 27, 2010. State of Wyoming County of Natrona My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC .✓2 ,if etas• =y�y G CDEE PARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 K'wf,'r! litrt. iXwP.''%+�.i. S'c., :�.ro$+cR' 14 anette :aldacci 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 2ur..z 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. A 4 (Signature of notarial officer) Title (and Rary�c) Certificate of Sale Truax 10 -07485 Page 5 of 7 Syste of)ald suit: or byti been,. 1?l KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING ocee P to the eo rtlme �e t ofs loo Mortgaie the d e tl n �u� fc total sum of $129; 62 whit ance of $417,00 00 plus "p to tion of this notice in tt).i amounttd expended, acid $accr ing intern t publication of this notice r,f ale b WHEREAS, The,prop ethe 7,-.r.7-... extriibratices tfata� Mir p'rospective`pur mitting;a bid t' NOW, TH E °R 1,iom gagee, will -have the5 Moitgage for the wortgaged prope 6.' sa1� 1 Sheriff in and-for Linco County, cash at 10 00 o cIQek in e o e fo gfr 91i4► askass 1a 'reason ive, and no t tse urel dxoceedui art LUSrKg ias o c )ciober. s eranza gistrati'on age (the a ge was id whitli 4136 Clerk' e of the rior the cipal bat t e itst ptibltca- u s attorne costs r`th date of first s ect dto e'sale. as the das,iylawprovtdddby�c "ausi g ic, i�t e byx`the Sheriff of Deputy omiu g, to,,the highestvbidder for June 22 2010 at the rontfdoor ve e, Kemmerer described ,amounts l edi dacci aces LL,C ue, Ste 202 2609,0000 33 5379, 0527D EXHIBIT B PUBLISHER'S AFFIDAVIT B 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 •1 consecutive issues /weeks; the first publication being on the c 1'1 day of <AN\Gli 20AQ_, and the last publication being on the day of I1�YIQ. 20 UQ and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 11- day of Tesoro, Gen Notary Siture KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN .D., 20 10 al Manag r uertirlcate or gale Truax 10 -07485 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 $2,535.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Costs Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee Total $2,535.40 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 ETH NA GHT. ift fail State of Wyoming County of Natrona This instrument was acknowledged before me on I `J day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. ..OEE PEARSON STATE.' OF WYOMING COUNTY OF NATRONA m Co isa o*' Expires Apr. 14, 2014 nt tnr +t�eeTlYaP%'f'1a^.+,Ya6,+rnx. c.._.�lMaR'Yw:�?A My commission expires: COSPkg TARP PUBLIC EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 1,263.00 91.00 8.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 J anette -R =!'cci 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 Rank) Certificate of Sale Truax 10 -07485 Page 7 of 7