HomeMy WebLinkAbout9541565017019055
CERTIFICATE OF SALE
STATE OF WYOMING C 769
SS
COUNTY OF LINCOLN
M. Shane Johnson of lawful age, being first duly sworn
upon his oath, states and certifies as follows:
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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 January 25, 2007, executed and delivered by
Milan Kerry Fillmore and Heather Fillmore to Wells Fargo Bank, N.A. and (b) that
certain mortgage dated January 25, 2007 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on January 29, 2007, at Reception No. 926396 in
Book 647 at Page 473 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 99 IN STAR VALLEY RANCH PLAT 7, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF
with an address of 148 Redwood Road Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Wells Fargo Bank, N.A.
"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 June 3, 2010 issue of said
newspaper and ending with the June 24, 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.
RECEIVED 6/29/2010 at 10:26 AM
RECEIVING 954156
BOOK: 749 PAGE: 769
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Fillmore 10 -10174
Page 1 of 7
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to -wit: On June 29, 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 $230,000
"Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,211.80 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 29, 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
29th day of June 2010.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: John Stetzenbach
Title: Deputy Sheriff
00 7®
Certificate of Sale
Fillmore 10 -10174
Page2of7
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 29th day of
June 2010.
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF
LINCOLN
My Commission Expires
ACKNOWLEDGMENT
STATE OF
WYOMING
SS
Notary Public
Certificate of Sale
Fillmore 10 -10174
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
January 25, 2007 (the "Mortgage and recorded on January 29, 2007, at
Reception No. 926396 in Book 647 at Page 473 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 Milan Kerry Fillmore and Heather Fillmore
"Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. 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: 71969009843000455543 CERTIFIED MAIL NO. NOI: 71969009843000455550
CERTIFIED MAIL NO. FSN: 71969009843000462336 CERTIFIED MAIL NO. FSN: 71969009843000462343
Milan Kerry Fillmore Heather Fillmore
148 Redwood Road 148 Redwood Road
Thayne, WY 83127 Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000455567
CERTIFIED MAIL NO. FSN: 71969009843000462350
Milan Kerry Fillmore
423 Creek Avenue
Delano, MN 55328 -4570
CERTIFIED MAIL NO. NOI: 71969009843000455581
CERTIFIED MAIL NO. FSN: 71969009843000462381
Milan Kerry Fillmore
4817 3r Ave. South
Minneapolis, MN 55419
CERTIFIED MAIL NO. NOI: 71969009843000455604 CERTIFIED MAIL NO. NOI: 71969009843000455611
CERTIFIED MAIL NO. FSN: 71969009843000462428 CERTIFIED MAIL NO. FSN: 71969009843000462435
Wells Fargo Bank, N.A. Occupant
3476 Stateview Blvd 148 Redwood Road
Fort Mill, SC 29715 Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000455628
CERTIFIED MAIL NO. FSN: 71969009843000462442
Wells Fargo Bank, N.A.
101 North Phillips Avenue
Sioux Falls, SD 57104
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EXHIBIT A 000772
SS
CERTIFIED MAIL NO. N01: 71969009843000455574
CERTIFIED MAIL NO. FSN: 71969009843000462374
Heather Fillmore
423 Creek Avenue
Delano, MN 55328 -4570
CERTIFIED MAIL NO. NOI: 71969009843000455598
CERTIFIED MAIL NO. FSN: 71969009843000462404
Heather Fillmore
4817 3r Ave. South
Minneapolis, MN 55419
CERTIFIED MAIL NO. NOI: 71969009843000455635
CERTIFIED MAIL NO. FSN: 71969009843000462459
Wells Fargo Bank, N.A.
1000 Blue Gentian Road
Eagan, MN 55121
Certificate of Sale
Fillmore 10 -10174
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000455642
CERTIFIED MAIL NO. FSN: 71969009843000462466
Wells Fargo Bank, N.A
P.O. Box 31557
MAC B6955 -015
Billings, MT 59107 -9900
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 19, 2010 and the date of the first publication of the notice
of foreclosure sale was June 3, 2010.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
r€-\ day of T 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
NOTARY PUBLIC
KODEE PEP'ARSON
STATE OF WYOMING
COUNTY OF NATRONA
mmitision Expires Apr. 14, 2014
My commission expires:
Zb 1(
GO 773
Danette dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signature of notrial officer) "dal
Title (and Rink)
Certificate of Sale
Fillmore 10 -10174
Page 5 of 7
ga gs
cep
of
PtJ
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
KEMMERER GAZETTE
KEMMERER, WYOMING
S, t notice of tntenf to forecl t1
tisementan N as been served u, on the recor
in possession o xe mart aged pre ses at leasf°fe
to the commencer at of:tN s w pu blication and t e a e"upon the
Mortgage on the ate of first publication of this notice of sale being the
total sum of $2b3,000 9 whicl sun consists of the unpatd~�principal bal-
ance of�$254,282.68 plus interest accrued°to the date of the first publ ca-
tion of this notice in the amount of $8,718 2, p lus, attorneys fees, costs.
expended, and accruing interest and lat e cha ge p rst
publication of this notice of sale `r fah
WH ItEAS, Th probranperty ces be
th at ing w foreclosed upon r► y h abj
a ect to'
Ac liens encum ngu is the s le.
Anther Any prospective purchaser shojuld research the status of t itle before s ub
mitting 'a bid; i t
N OW, THEREFORE Wells"Farg Bank i'N.A., as the Mortga�
have the Mortgage foreclbse byslaw, provided'by,causi g ti
gaged property, to be�sold at public venue by the sSheri f y a f la p
ff m a o. nd doc for k Lincoln County, Wyoming to the highest. foi
0 00 in the forenoon on June 29 20 0 at the fct fkjc
Lincoln County Courthouse located ted at925 Sage.Au
Lincoln County; for application on the above desci bed a t Y is
by the Mortgage, said mortgaged property being described
to -wit:
LOT 99 IN STAR VALLEY RA MC "LAT 7, LINCOf
WYOMING AS DESCRIBED ON: "P O NC9
C
with an address of 14 'Redwoo
Together with all
p:
LJ
rov
n.
ase
castle, `Meinihold Staviarskt aspe
330 S.'
Cr,
Lat
he
cared
0
EXHIBIT B
PUBLISHER'S AFFIDAVIT
ae Pu•li
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 '9 consecutive issues /weeks;
(,jig, 20AL
and the last publication being on the �y
20 10
the first publication being on the
day of
day of
9 1A-11
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Je
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln, Wyoming
Commission Expires May 5, 2012
KEMMERER, WYOMING
Publisher
Subscribed in my presence and sworn to
before me on this c9`t' day of
Cie -'7'74
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
1
tit 0 At ►1.� 0,
Notary Sig ure
Fillmore 10 -10174
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 $2,211.80
as compensation for services actually rendered in the foreclosure proceeding.
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 YETH NAUGHT.
•_a...
11 r%anette Macci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day ofv,r‘t._ 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Publication Cost
Conduct Sale
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Sale Fee
Sheriffs Deed Fee
Total $2,211.80
NOTARY PURR IC &a
KODEE PEARSON
STATE OF WYOMING t�
COUNTY Y OF NATRONA
y Commission Expires Apr. 14 2014
�fKi� '.vSwicl •.wIIaS !,we.- .w�x......roT x'...wY.rT..fL
My commission expires:
APr. y1 Zc
EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
(Signature of notarial officer)
&i
Title (and Rant(
700.00
892.00
143.00
358.80
50.00
26.00
11.00
11.00
10.00
10.00
0 'x '775
Certificate of Sale
Fillmore 10 -10174
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