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HomeMy WebLinkAbout954345501101895. STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 00349 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 February 15, 2008, executed and delivered by Coleen Lewis and Bruce Lewis to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated February 15, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 21, 2008, at Reception No. 937089 in Book 687 at Page 442 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 2 OF RAINBOW MEADOWS, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 4, 2003 AS INSTRUMENT NO. 893114 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 87 Dew Drop Lane Bedford, WY 83112 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. 953271 in Book 746 at Page 690 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. 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 7/13/2010 at 10:53 AM RECEIVING 954345 BOOK: 750 PAGE: 349 JEANNE WAGNER 1 tni'nI Al rn INTY FRK KEMMERER, WY Certificate of Sale Lewis 10 -07610 Page 1 of 8 000350 four (4) consecutive weeks, commencing with the May 27, 2010 issue of said newspaper and ending with the July 17, 2010 issue thereof; again, once a week for two (2) consecutive weeks, commencing with the July 1, 2010 issue of said newspaper and ending with the July 8, 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 July 13, 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 $408,708.55 "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 $2,837.80 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 July 13, 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 13th day of July 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Certificate of Sale Lewis 10 -07610 Page2of8 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT COUNTY OF LINCOLN SS The foregoing instrument was subscribed in my presence and acknowledged before me by CT.TFF BOYD Deputy Sheriff of Lincoln County, State of Wyoming, this 13 day of JULY 2010. Witness my hand and official seal. Nota SAVAN L. H AWKES NOTARY PUBLIC STATE OF WYOMING Public oo351 Certificate of Sale Lewis 10 -07610 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS e0 as 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 February 15, 2008 (the "Mortgage and recorded on February 21, 2008, at Reception No. 937089 in Book 687 at Page 442 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 Coleen Lewis and Bruce Lewis "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB 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. 953271 in Book 746 at Page 690 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: 71786575345000449429 CERTIFIED MAIL NO. N01: 71786575345000449436 CERTIFIED MAIL NO. FSN: 71969009843000458322 CERTIFIED MAIL NO. FSN: 71969009843000458339 CERTIFIED MAIL NO. NOPP: 71969009843000477675 CERTIFIED MAIL NO. NOPP: 71969009843000477682 Coleen R. Lewis Coleen R. Lewis 87 Dew Drop Lane PO Box 4131 Bedford, WY 83112 Bedford, WY 83112 -0131 CERTIFIED MAIL NO. NOI: 71786575345000449443 CERTIFIED MAIL NO. FSN: 71969009843000458346 CERTIFIED MAIL NO. NOPP: 71969009843000477699 Bruce Lewis 87 Dew Drop Lane Bedford, WY 83112 CERTIFIED MAIL NO. NOI: 71786575345000449467 CERTIFIED MAIL NO. NOI: 71786575345000449474 CERTIFIED MAIL NO. FSN: 71969009843000458360 CERTIFIED MAIL NO. FSN: 71969009843000458377 CERTIFIED MAIL NO. NOPP: 71969009843000477712 CERTIFIED MAIL NO. NOPP: 71969009843000477729 BAC Horne Loans Servicing, L.P. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 87 Dew Drop Lane Simi Valley, CA 93065 -6298 Bedford, WY 83112 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000449450 CERTIFIED MAIL NO. FSN: 71969009843000458353 CERTIFIED MAIL NO. NOPP: 71969009843000477705 Bruce Lewis PO Box 4131 Bedford, WY 83112 -0131 Certificate of Sale Lewis 10 -07610 Page 4 of 8 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. FURTHER AFFIANT SAYETH NAUGHT. 00+v353 State of Wyoming County of Natrona This instrument was acknowledged before me on day of -r� 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawia ki Legal Services, LLC. COSPkg NOTARY PUBLIC K(hr EE P A SON STATE OF WYOMING i.Ot 1Y OF NATRONt My Commission Expires Apr. 14 2014 My commission expires: ma B anette B dacci 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 Rik) Certificate of Sale Lewis 10 -07610 Page 5 of 8 S de ultkln e payirtent of nticipal and in terest has oc- he e a sofa p ;ecuted rand delive tggage�E nominee for" Countrywide Ban "Mortgage'') +of"the s executed°landidelivre Mortgage �waas iu Book 687,atPag< and, ex-off axo 1 Wyo g; and Ass' gnee: B Assign nt .�ssigi� nt, 4r a� A ssigntp nt 746 atPage'6 Albin the s in and for Lincoln County, Wyomin secure folo y TE O F ortgagor(s epo or mussory notee(the "N dated February red: by..Coleen Lew� is a nd�,Br�uce Lewis t w, r ectronic,Registrat s on Sr tems,. Inc.,. as FSB, and a real estate mortgage .(the ote loch Mortgagewas sal rt gagee and which t att eption;No 937089 io e ords(gl the eg,0f the,,County Clerk Beds ink andlxfor Lincoln;` County,,. State, of ,aid default, tie Mortgagee declares to suit or .proceeding h'as been instituted a tti by the Mortgage,} or any part thereof tnor been nstitutedrand the same disco n ue .V R 1S, writ en,. otice of inten advertisement and sale has been served paroyr;PFosrsesSronto L th e=mortga ged prey to ithe commencement of':this.,p bl catL Mortgage on tbe total,,sut tereat -an nsisf power of -sale whtch b reason lave become 06 0040 v -to recovef the ,debt secured as anylsuch suit, or proceeding d r fore 4ae She >1 ortgage�.by i the recor o ner�iand the e�stattl date of first *iLL e subject to 1 at th e Agile. (before; sub has,the M I by ca'usmg i or Deputy d bid ie front door venu K emmerer, escribe amounts ruing "de'scribed as CO`l N COUNTY, WYO PLAT FILED ON SEP- 311'4,OF THE°RECORDS tawfars oreclose as by law tue le beingthe )rinc pal bar Cirst publica s fees costs T17,, Dew Drop Lane, *Bedford WY 83112. iimprovements 'thereon, 'situate and all :fixtures and o o a e L.P. me:��Lons�� iette 'Baldacci ees, LLC Ste. L02 �6O9 -bb00 h3`A79 27A; other liens Anyrpr`ospec mitbn;;,: gagee, themart She cas. 0 a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING COSPkg EXHIBIT B 000354 PUBLISHER'S AFFIDAVIT 1 in Book ciohltegister°of Deeds 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 4 consecutive issues /weeks; the first publication being on the 011 day of vVINr`k.. 20 1 (1 and the last publication being on the A`___ 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 ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Liacoia Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 1' day of by M Tesoro, Gen KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20.1Q Certificate of Sale Lewis 10 -07610 Page 6 of/ KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING kuil�'(ii }r f COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 ol. consecutive issues /weeks the first publication being on the 1 day of A 1- 20 16 and the last publication being on the 6 day of Notary Sig ture KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 Je'Q Publisher Subscribed in my presence and sworn to before me on this 0 day of A.D., 20 10 Certificate of Sale Lewis 10 -07610 Page 7 of 8 000355 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 $2,837.80 as compensation for services actually rendered in the foreclosure proceeding. Total $2,837.80 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 AFFI NT I ill ETH NAUGHT. v ne to Bal: cci 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 7 day of Tot. 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars i Legal Services, LLC. COSPkg 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 Tax Update Fee Publication Cost NOPP NOTARY PUE3LIC DDEE PEr RSON STATE C)F 1.NYOMINC3 f_ti)UNTY OF NATRONA Commission Expires Apr. 14, 2014 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY Zvi SS (Signature of notarial officer) Title (and RaiK) 600.00 1,207.00 117.00 8.00 441.60 50.00 29.00 11.00 11.00 10.00 10.00 150.00 193.20 CCX356 Certificate of Sale Lewis 10 -07610 Page 8 of 8