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HomeMy WebLinkAbout9541576011018932 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN t`' C C'776 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 July 21, 2007, executed and delivered by Vincent H. Schreiner and Ildri C. Hackney to Citifinancial, Inc. and (b) that certain mortgage dated July 21, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 26, 2007, at Reception No. 931637 in Book 667 at Page 85 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 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF WY, COUNTY OF LINCOLN, CITY OF ALPINE, DESCRIBED AS FOLLOWS: LOTS 5 AND 12, ROBERT LOUIS STROUT SUBDIVISION, AS SHOWN BY THE OFFICIAL PLAT THEREOF IN THE OFFICE OF THE COUNTY CLERK OF LINCOLN COUNTY, WYOMING, BEING SITUATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 118 WEST, 6TH P.M. with an address of 264 Sawmill Drive Alpine, WY 83128 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, Citifinancial, 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 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, RECEIVED 6/29/2010 at 10:34 AM Certificate of Sale Schreiner 10 -07032 RECEIVING 954157 Page 1 of 7 BOOK: 749 PAGE: 776 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 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 $70,000.00 "Bid Sum which was bid and offered by Citifinancial, 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 $1,990.00 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 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: or Title: Deputy Sheriff Print Name: John Stetzenbach Certificate of Sale Schreiner 10 -07032 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS 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. Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN ING �XG4➢S i OTTG,AVIAA_ 413,s3-1 Notary Public Certificate of Sale Schreiner 10 -07032 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 July 21, 2007 (the "Mortgage and recorded on July 26, 2007, at Reception No. 931637 in Book 667 at Page 85 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 Vincent H. Schreiner and Ildri C. Hackney "Mortgagor(s) the named mortgagor(s), and Citifinancial, 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: 71969009843000454478 CERTIFIED MAIL NO. FSN: 71969009843000462008 Vincent H. Schreiner 264 Sawmill Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000454492 CERTIFIED MAIL NO. FSN: 71969009843000462022 Vincent H. Schreiner 388 Teakwood Drive Eagle Point, OR 97524 CERTIFIED MAIL NO. NOI: 71969009843000454515 CERTIFIED MAIL NO. FSN: 71969009843000462046 Vincent H. Schreiner P.O. Box 3641 Jackson, WY 83001 CERTIFIED MAIL NO. CERTIFIED MAIL NO. Citifinancial, Inc. 1111 Northpoint, Bldg 4 Coppell, TX 75019 CERTIFIED MAIL NO. CERTIFIED MAIL NO. Tabitha Colby CP Ho 712 Harding Place Wheatland, CA 95692 COSPkg N01: 71969009843000454539 FSN: 71969009843000462060 Ste 100 N01: 71969009843000454553 FSN: 71969009843000462107 !der EXHIBIT A x: SS CERTIFIED MAIL NO. NOI: 71969009843000454485 CERTIFIED MAIL NO. FSN: 71969009843000462015 Ildri C. Hackney 264 Sawmill Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000454508 CERTIFIED MAIL NO. FSN: 71969009843000462039 Ildri C. Hackney 388 Teakwood Drive Eagle Point, OR 97524 CERTIFIED MAIL NO. NOI: 71969009843000454522 CERTIFIED MAIL NO. FSN: 71969009843000462053 Ildri C. Hackney P.O. Box 3641 Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 71969009843000454546 CERTIFIED MAIL NO. FSN: 71969009843000462077 Occupant 264 Sawmill Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000454560 CERTIFIED MAIL NO. FSN: 71969009843000462114 LD Frome CP Holder P.O. Box 47 Afton, WY 83110 Certificate of Sale Schreiner 10 -07032 Page 4 of 7 �0 '780 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 18, 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. NOTARY PUBLIC KODEE PEARSON )ATE OF WYOMING olTh e OF NATRONA nrnmtssi on I( pires Apr, 14 w:r•�r.zm -.rs -F My commission expires: AFc >y Zoly Title (and Rank) Danette dacci 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 k.1 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial icer) Certificate of Sale Schreiner 10 -07032 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING EXHIBIT B PUBLISHER'S AFFIDAVIT OC C :781 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 4 consecutive issues /weeks; the first publication being on the 3 day of PLC, 20 (0 and the last publication being on the oCT day of (0/( -6 20 /0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of d M Commission Expires M&y 5, 2012 Subscribed in my presence and sworn to before me on this 014 day of by Micha- Jensen, Publis .'r. \r,l� _A 1. IA 0/ Notary Signa I,CI1I11Udle UI OdIC Schreiner 10 -07032 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Demand Letter fee Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 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 $1,990.00 as compensation for services actually rendered in the foreclosure proceeding. 600.00 678.00 130.00 50.00 414.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,990.00 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 AFFIAN dI g YETH NAUGHT. 'r anette dacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officIr) /V-n� per Title (and Ranh This instrument was acknowledged before me on c*1 day of :o 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. Certificate of Sale Schreiner 10 -07032 Page 7 of 7