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Home My WebLink About9540536011018777 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 May 7, 2007, executed and delivered by Clay Peavler to Zions First National Bank, N.A. and (b) that certain mortgage dated May 7, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 10, 2007, at Reception No. 929263 in Book 657 at Page 605 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: COSPkg TRACT SIX (6) OF PEAVLER FAMILY EXEMPTION SECOND FILING, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 4, 2004 AS INSTRUMENT NO. 901871 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 960 Harmony Creek Road Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: O& :383 Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: July 30, 2008 Assignment recorded: September 8, 2008 Assignment recording information: at Reception No. 942033 in Book 704 at Page 313 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, Mortgage Electronic Registration Systems, 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 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 RECEIVED 6/22/2010 at 10:27 AM RECEIVING 954053 BOOK: 749 PAGE: 383 JEANNE WAGNER LINCOLN COUNTY CLE MMERER, WY Certificate of Sale Peavler 10 -02863 Page 1 of 7 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 $260,606.49 "Bid Sum which was bid and offered by Mortgage Electronic Registration Systems, 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 $2,206.60 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 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: 30C heriff Certificate of Sale Peavler 10 -02863 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. COUNTY OF LINCOLN SS Notary Public SAVANNA L HAWKES NOTARY 1 STATE OF WYO. tIfJ6 ssan Fxp "Res \A(-1,1213_,T, Certificate of Sale Peavler 10 -02863 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 it 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 May 7, 2007 (the "Mortgage and recorded on May 10, 2007, at Reception No. 929263 in Book 657 at Page 605 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 Clay Peavler "Mortgagor(s) the named mortgagor(s), and Zions First National Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: July 30, 2008 Assignment recorded: September 8, 2008 Assignment recording information: at Reception No. 942033 in Book 704 at Page 313 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: 71969009843000452153 CERTIFIED MAIL NO. FSN: 71969009843000458384 Clay Peavler 960 Harmony Creek Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70091680000238575650 CERTIFIED MAIL NO. FSN: 71969009843000458407 Mortgage Electronic Registration Systems, Inc. c/o Dovenmuehle Mortgage, Inc 1 Corporate Center Drive, Suite 360 Lake Zurich, IL 60047 CERTIFIED MAIL NO. NOI: 71969009843000452184 CERTIFIED MAIL NO. FSN: 71969009843000458421 Clay Peavler PO Box 395 Afton, WY 83110 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000452160 CERTIFIED MAIL NO. FSN: 71969009843000458391 Clay Peavler PO Box 1516 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000452177 CERTIFIED MAIL NO. FSN: 71969009843000458414 Occupant 960 Harmony Creek Road Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000452191 CERTIFIED MAIL NO. FSN: 71969009843000458438 1" Bank 314 S. Washington St. P.O. Box 1620 Afton, WY 83110 Certificate of Sale Peavler 10 -02863 Page 4 of 7 000386 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 14, 2010 and the date of the first publication of the notice of foreclosure sale was May 27, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of e_ 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NOTARY PUEJLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Ex m:aApr, 14, 2014 +c�swr.;r .+e �.t'xaanr. My commission expires: COSPkg Aar- /y zc /y B�i)anette :aldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) pc/6 l c Title (and Rahk) 11(1 87 Certificate of Sale Peavler 10 -02863 Page 5 of 7 may be subject to uishe atrthe.:sale. of title before sub= KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING COSPkg PUBLISHER'S AFFIDAVIT a ge ed`and r(ggage 5,77 c o ;ystems,,I;nc., a'v ov ;'ded i,Sh ri. ghest itltle` EXHIBIT B KEMMERER, WYOMING STATE OF WYOMING )ss• COUNTY OF LINCOLN 111 �/1/ Tesoro, Gen: ra Manag t1 tO re 111 to I, Mark Tesoro, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a one 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 ,11 day of Iu and the last publication being on the AI_ day of 20 6 0 and that said 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 o! bj Stmt of Lincalit Mfyomiet My Commission Expires May S, 2012 Subscribed in my presence and sworn to before me on this 0- day of Notary Si Certificate of Sale Peavler 10 -02863 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $2,206.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Costs Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee Total $2,206.60 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 N YETH AUUg, HT. State of Wyoming County of Natrona This instrument was acknowledged before me on /6 day of 77),p 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. NOTARY PUBLIC KODEE PEAR SON STATE OF WYOMING COUNTY OF NATRONA My Comnlissinn E f res Apr. 14, 2014 ifaC ei'+J:�r' ++ttvtN .rn, YdtM:GrXaR My commission expires: COSPkg SS /pr a n y nette Bald Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) �C�d' Arc pt /i c_ Title (and R,>nk) 700.00 869.00 78.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 Certificate of Sale Peavler 10 -02863 Page 7 of 7