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Home My WebLink About95446260110tP9126 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 November 2, 2006, executed and delivered by Jeremy Nelson and Meghan Nelson to Beneficial Wyoming, Inc. and (b) that certain mortgage dated November 2, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 6, 2006, at Reception No. 924112 in Book 639 at Page 405 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: A PORTION OF THE DAVIS PROPERTY AS REFERRED TO IN THE DEED RECORDED IN BOOK 223PR ON PAGE 390, WITH THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING WITHIN THE SW /4SW /4SW /4 OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 118 WEST, OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, THE METES AND BOUNDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EXISTING CIRCLE DRIVEWAY, SAID POINT OF BEGINNING, BEING 457.66 FEET NORTH 18 °34'46" EAST, FROM THE IRON PIPE MARKING THE BAKER ENGINEERS PE /LS 698, LOCATION FOR THE SOUTHWEST CORNER OF THE SW /4SW OF SECTION 18, ALSO SAID POINT OF BEGINNING, BEING 900.33 FEET SOUTH 8 °43'55" EAST, 900.33 FEET FROM THE IRON PIPE MARKING THE LLOYD B. BAKER PE /LS 698, 1978 LOCATION FOR THE NORTHWEST CORNER OF SAID SW1/4SW /4; THENCE NORTH 0 °21'51" EAST, 68.91 FEET; THENCE SOUTH 89 °14'54" EAST, 17.93 FEET; THENCE NORTH 0 °50'30" EAST, 67.80 FEET; THENCE SOUTH 89 °09'30" EAST, 13.56 FEET; THENCE NORTH 1 °22'06" EAST, 26.78 FEET; THENCE NORTH 89 °39'08" EAST, 104.68 FEET; THENCE SOUTH 0 °02'23" WEST, 148.98 FEET; THENCE SOUTH 89 °57'37" EAST, 5.00 FEET; THENCE SOUTH 0 °02'23" WEST, 10.00 FEET; THENCE NORTH 89 °57'37" WEST, 5.00 FEET; THENCE SOUTH 0 °02'23" WEST, 5.28 FEET; THENCE NORTH 89 °45'21" WEST, 138.13 FEET, TO THE POINT OF BEGINNING. with an address of 87058 Hwy 89 Afton, WY 83110 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. COSPkg RECEIVED 7/20/2010 at 10:25 AM RECEIVING 954462 BOOK: 750 PAGE: 727 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Nelson 10 -11313 Page 1 of 7 r 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Beneficial Wyoming 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 24, 2010 issue of said newspaper and ending with the July 15, 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 20, 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 $161,295.68 "Bid Sum which was bid and offered by Beneficial Wyoming 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 $2,113.20 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 20, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Nelson 10 -11313 Page 2 of 7 Vii•., DATED at Kemmerer, Lincoln County, State of Wyoming, this 20th day of July 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF r `c STATE OF My Commission Expires LINCOLN 4� y WYOMING a fres `1 res SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Ato"" Cliff Boyd Title: Deputy Sheriff ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 20th day of July 2010. Witness my hand and official seal. Notary Public Certificate of Sale Nelson 10 -11313 Page 3 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 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 November 2, 2006 (the "Mortgage and recorded on November 6, 2006, at Reception No. 924112 in Book 639 at Page 405 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 Jeremy Nelson and Meghan Nelson "Mortgagor(s) the named mortgagor(s), and Beneficial Wyoming, Inc. 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: 71969009843000470034 CERTIFIED MAIL NO. FSN: 71969009843000474643 Jeremy Nelson 87058 Hwy 89 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000470058 CERTIFIED MAIL NO. FSN: 71969009843000474667 Jeremy Nelson P.O. Box 728 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000470072 CERTIFIED MAIL NO. FSN: 71969009843000474681 Jeremy Nelson 2077 Wasatch Road Evanston, WY 82930 CERTIFIED MAIL NO. CERTIFIED MAIL NO. F Key Bank, N.A. 8757 Red Oak Blvd, Suite Charlotte, NC 28217 CERTIFIED MAIL NO. CERTIFIED MAIL NO. Beneficial Wyoming Inc. 636 Grand Regency Blvd Brandon, FL 33510 COSPkg AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE N01: 71969009843000470096 SN: 71969009843000474704 250 N01: 71969009843000470119 FSN: 71969009843000474728 EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000470041 CERTIFIED MAIL NO, FSN: 71969009843000474650 Meghan Nelson 87058 Hwy 89 Afton, WY 83110 CERTIFIED MAIL NO. N01: 71969009843000470065 CERTIFIED MAIL NO. FSN: 71969009843000474674 Meghan Nelson P.O. Box 728 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000470089 CERTIFIED MAIL NO. FSN: 71969009843000474698 Meghan Nelson 2077 Wasatch Rd Evanston, WY 82930 CERTIFIED MAIL NO. NOI: 71969009843000470102 CERTIFIED MAIL NO. FSN: 71969009843000474711 Occupant 87058 Hwy 89 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000470126 CERTIFIED MAIL NO. FSN: 71969009843000474735 Beneficial Wyoming, Inc. 1363 Dewar Drive Plaza Mall, Suite B Rock Springs, WY 82901 Certificate of Sale Nelson 10 -11313 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000470133 CERTIFIED MAIL NO. FSN: Lincoln County Treasurer P.O. Box 670 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 11, 2010 and the date of the first publication of the notice of foreclosure sale was June 24, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KOOEE PEARSON STATE OF WYOPAING r c., COUNTY OF NATRONA My Cornn7IS 0f0 f-_r: rit rr! A 14 ,2014 My commission expires: LP anette Ba cci 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 E day of 1 Lit 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawia ski Legal Services, LLC. G (Signature of notarial officer) Title (and R nk) Certificate of Sale Nelson 10 -11313 Page 5 of 7 PUBLIS' KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING FO RECLOS UR, E L; NO'T'ICE WIIEREAS, default in e pa en of p and interest has oc c urred under the terms of a `Fromis'sbry note (the ote dated N ovem ber 2 2 006, exe chted and del by Jerethy I elson and Me Nelson ("Mortgagor(s)") !to Beneficial Wy In c add 'a Peal estate mort gage (the Mort gage of the sable d secu ring the Note, which Mo gage e xe c u t e d)and deli s aid Mortgagor`(s), to said Mort- gagee, and which' Mort was r ecord ed o n` November G, 2006, at Ri ception N 924112, m Book 639 at Page the records of the office of the County Clerk and'ex- bffict'o Register of Deeds in and'for Lincoln County, State ofrWyoming 'and W t Mortgage contains a poave wer of sale which by reason of sa'd 'lylortgagee declares toh beome operative and no suit "or td proceediri been'`institiited at law t o re the debt s by the Mortgage, or any p ar t t nor has any such;suit or proc beep i nstituted and the same d�'scotitnued, and WHEREAS, written' notice of `intent`'to foreclose the Mortg advertisement` and''s`ale "has been. served upon the record owne7a::)1:: party in possession the mortgagedrpremises at lest te (10) dy to'the ootnmencetrl'e'n t of his n publication, and th a e amount due upon.the Mortgage "on the date of first publication of this notice of sale being the total sum of.,$1177,048.44.which.suim consi'sts'of the' unpaid principal bal- ance of $169,510.52 plus interest accrued to the date of the first publica- tion of this notice in theamo 92, plus attorneys' feea costs expe and acc'oing "interest and" fate ch after the' °d`ate of first publ ication of this not ic e .of sa le WHEREAS,, The,p sed upon', be subject to other lien Ba e th not be e at the sale. A ny prospec rc d search the status of title before sub c mi a 4 :a v xi, N BEF ORE Beueb ciaWyoming a sta:as the Mort gagee, will hav e,,th e3 l v ortgage foreclo sed as aw;pro causing the mo il t- agedproperty,to,.be sol venue•by'theS or Deputy Sher iff,�in a for ,Lrincoln County, Wyoming highest bidder for cash at 10:00 o'.clock inithe forenoonkon;July 2' 't 0�at.the front d oor of th e Lincoln County;.Courthouselocated -at 925 Sage Avenue Kemmerer, WY, Lincoln County, for application on the abovedescribed amounts secured by the, Mortgage ,.,.said;.inortgaged,property being described as follows, to wit:., A OF DAVIS PROPERTY,AS REFERRED TO IN THE.DEE RECORDED IN BOOK 223PR'ON PAGE 390, WITH THE OFFICE .OF THE .CLERK OF, LINCOLN COUNTY, WYOMING WITHIN;THE SW1 /4SW'I� /,4SWI /4 =OF;SECTION 18, TOWNSHIP 32 NORTH, RANGE 118 WEST, OFTHE 6TH P.M., LINCOLN COUNTY, WYOMING, THE, METES AND BOUNDS BEING MORE •PAR LARL3(DESCRIBED AS FOLLOWS BEG, 0 G AT.THE SOUTHWEST..CORNER OF THE EXI ING CIRCLE DRIVEWAY, SAID; POINT BEGINNING, B EING 457.66 FEETx NORTH 18. 34'46' ,EAST,; FROM <THE IRON PIPE MARKING TI B, ER ENGINEERS.PE/LS; 698 'LOC AT ION FOR TICU- TcHE,SOUT ST',CORNER O SW1 /4S WI/4,OF <SECTION l8, ALSO SAID;RO1N OF BE 900 33 FEET SOUTH 8 °43'5 A:S I', FFROIVI;TL EIRON PIPEMARKINGTHE LLOYD BA KER PE/L'5,698,�1�978 LOCATIO FOR OR THE NORTH- WEST CORNER;aOF SAID SW 1 /4S,W l /4 0 °2151" EAST, 6$ 9,1,FEET, iTHENCE SOUTH 89 °1454. EAST, 17.93 FEET THENCE NORTH 0°50'30" nEAST„67 80 FEET; THENC SOUT 89 °09''' 30 EAST, 13.56 FEET; ;THENCE NORTH 1 E AST, 26.78 FEET, THENCE NORTH 899 °39/08" EAST 104 68 FE THENCE SOUTH ;O 02'23" WEST,,; 14898, FEET; THENCE; SOUTH 89 °57'37" EAST, 5:00 FEET THE S OUTH 0 °02 23" WE ST, '10 FEET;, THENCE 'NORTIT "8 "WEST, 5 :00 F EE T; T HENC E' SOUTH 0 02'23" WEST,' 5 28,,F ')F N ORTH 89 21" WEST, 138.13 FEET, T( T' POINT OF BE GINNIN G withtan a o f x87058 Huey Afton WY '83110. T og e ther WVrith all; i mprovement s there °situate'ian "al fixtures and a ppurte n ances thereto. Beneficial Wyoming Inc. e By: Danette Baldacci Castle, Meirihold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY'826094 1100` (30i) 333''37 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 4 consecutive issues /weeks; the first publication being on the 24 day of day of Michael Jensen before me on this l _Qtd_ ael Jensen, Publ Q aA,(1 Notary Sig u re KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN C I.0-1o, 20 _10 and the last publication being on the J S ,20 tO and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 15 day of fisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln 4 Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to A•D., 20 10 Nelson 10 -11313 Page6of7 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 $2,113.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriff's Deed Fee Total $2,113.20 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 T. -te of Wyoming and residing therein. FURTHER AFFIAN S NA t 97 �i Ia State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar'(ci Legal Services, LLC. day of COSPkg NOTARY PUBLIC KCDEE PEARSON ,TAlF OF WYOMING COUNTY OF NATRONA My Commission ExOres Apr. 14,7014 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) /nh) t o—c.,'/ pum Title (and Ra ik) 600.00 700.00 143.00 538.20 25.00 50.00 26.00 11.00 10.00 10.00 y: ette Balda •o Cas Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 Certificate of Sale Nelson 10 -11313 Page 7 of 7