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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: COSPkg 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. COSPkg 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: COSPkg 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 COSPkg 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 COSPkg 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. COSPkg 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 Page 7 of 7