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HomeMy WebLinkAbout9544636011018924 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS "?.'734 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 October 5, 2006, executed and delivered by Ralph E. Boedeker and Patricia L. Boedeker to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC. and (b) that certain mortgage dated October 5, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 9, 2006, at Reception No. 923155 in Book 636 at Page 234 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 THE IVAN TIPPETTS SUBDIVISION, LINCOLN COUNTY, WYOMING AS DECRIBED ON THE OFFICIAL PLAT FILED ON MARCH 19, 1999 AS INSTRUMENT NO. 857454 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 3438 State Highway 238 Auburn, WY 83111 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: HSBC Mortgage Services Inc Assignment dated: May 25, 2010 Assignment recorded: June 4, 2010 Assignment recording information: at Reception No. 953824 in Book 748 at Page 459 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, HSBC Mortgage Services 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 RECEIVED 7/20/2010 at 10:28 AM RECEIVING 954463 BOOK: 750 PAGE: 734 JEANNE WAGNER LINCOLN COUNTY CLEF MMERER, WY Certificate of Sale Boedeker 10 -07006 Page 1 of 7 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 $176,259.66 "Bid Sum which was bid and offered by HSBC Mortgage Services 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 $2,085.60 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 2othday of July 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name rl iff °yd Title: Deputy Sheriff Certificate of Sale Boedeker 10-07006 Page 2 of 7 :,'735 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg Witness my hand and official seal. WYCJArtilf SAVANNA L. VATS NOTARY PUBLIC COUNTY OF 3 141 LINCOLN STATE OF WYOMING L i Jl My Commission EXPOS ACKNOWLEDGMENT SS Notary Public Certificate of Sale Boedeker 10 -07006 Page 3 of 7 f" 736 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 October 5, 2006 (the "Mortgage and recorded on October 9, 2006, at Reception No. 923155 in Book 636 at Page 234 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 Ralph E. Boedeker and Patricia L. Boedeker "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: HSBC Mortgage Services Inc Assignment dated: May 25, 2010 Assignment recorded: June 4, 2010 Assignment recording information: at Reception No. 953824 in Book 748 at Page 459 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: 71969009843000469380 CERTIFIED MAIL NO. FSN: 71969009843000474179 Ralph E. Boedeker 3438 State Highway 238 Auburn, WY 83111 CERTIFIED MAIL NO. NO1: 71969009843000469403 CERTIFIED MAIL NO. FSN: 71969009843000474193 Patricia L. Boedeker 3438 State Highway 238 Auburn, WY 83111 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000469397 CERTIFIED MAIL NO. FSN: 71969009843000474186 Ralph E. Boedeker POBox7 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000469410 CERTIFIED MAIL NO. FSN: 71969009843000474209 Patricia L. Boedeker PO Box 7 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000469427 CERTIFIED MAIL NO. NOI: 71969009843000469434 CERTIFIED MAIL NO. FSN: 71969009843000474216 CERTIFIED MAIL NO. FSN: 71969009843000474230 HSBC Mortgage Services Inc Occupant 636 Grand Regency Blvd 3438 State Highway 238 Brandon, FL 33510 Auburn, WY 83111 Certificate of Sale Boedeker 10-07006 Page4of7 CERTIFIED MAIL NO. N01: 71969009843000469458 CERTIFIED MAIL NO. FSN: 71969009843000474254 Holly Nelson CP Holder 1327 B. 9 West Avenue Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 10, 2010 and the date of the first publication of the notice of foreclosure sale was June 24, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar i Legal Services, LLC. day of NOTARY PUBLIC (ODEE P ARSON STATE OF WYOMING COUNTY OF NA{RONA My Commission Ezpisrs Apr. 14, 2014 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. �t (Signat officer) bt Title (and Ra k) B anette Ba •Q•T' i C: e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 Certificate of Sale Boedeker 10-07006 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING ,pablica- c osts first EXHIBIT B PUBLISHER'S AFFIDAVIT i0 el Jen n, P ■0,‘ 1.11, 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 __2¢ day of 20 10 and the last ublication being on the _15_, day of 20 1 C? and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jense blisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this a day of Notary Sig KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 0, Boedeker 1U- U /UUti Page 6 of 7 e 139 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 $2,085.60 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 tRte of Wyoming and residing therein. FURTHER AFFIANT SA ETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. 15 day of t j i.tjkl EN.' NOTARY PUBLIC K DEE PE ARSON COUNTY OF NATRONA STATE OF WYOMING (Signature of notarial officer) 1'4 G�,nneisaion E?nps�A:,� V (0 �t✓encar�' +r. "�+a:.r,�rirraa.r. '',r.,l�l1lrL�`` Title (and R a My commission expires: c� 263y COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee EXHIBIT C AFFIDAVIT OF ATTORNEY Total $2,085.60 SS I anette cci t e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 600.00 813.00 91.00 8.00 441.60 25.00 50.00 26.00 11.00 10.00 10.00 Certificate of Sale Boedeker 10-07006 Page 7 of 7