HomeMy WebLinkAbout9544646011019063
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 July 29, 2008, executed and delivered by Blake F.
Vadnais to Mortgage Electronic Registration Systems, Inc., as nominee for
GMAC Mortgage, LLC f /k /a GMAC Mortgage Corporation and (b) that certain
mortgage dated July 29, 2008 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on July 31, 2008, at Reception No. 940917 in Book 701 at
Page 231 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 107 IN STAR VALLEY RANCH PLAT 6, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF,
TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND
APPURTENANCES THEREON SITUATE OR IN ANYWISE
APPERTAINING THERETO.
with an address of 33 Fir Place Star Valley Ranch, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: May 24, 2010
Assignment recorded: June 4, 2010
Assignment recording information: at Reception No.
460
All in the records of the County Clerk and ex- officio
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, GMAC Mortgage, LLC
"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
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RECEIVED 7/20/2010 at 10:31 AM
RECEIVING 954464
BOOK: 750 PAGE: 741
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
953825 in Book 748 at Page
Register of Deeds in and for
Certificate of Sale
Vadnais 10 -10344
Page 1 of 7
-14
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
$202,689.42 "Bid Sum which was bid and offered by GMAC Mortgage, LLC
"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 $2,053.40 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
20th day of July 2010.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: cliff Boyd
Title:
Deputy Sheriff
Certificate of Sale
Vadnais 10 -10344
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
SS
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. i
Notary Public
SAVANNA L. HAWKS NOTARY PUBLIC
COUNTY OF
LINCOLN
My Commission Expires f
WYO
X74 A"
Certificate of Sale
Vadnais 10 -10344
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
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
29, 2008 (the "Mortgage and recorded on July 31, 2008, at Reception No.
940917 in Book 701 at Page 231 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 Blake F. Vadnais "Mortgagor(s) the named mortgagor(s), and
Mortgage Electronic Registration Systems, Inc., as nominee for GMAC
Mortgage, LLC f /k/a GMAC Mortgage Corporation is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: GMAC Mortgage, LLC
Assignment dated: May 24, 2010
Assignment recorded: June 4, 2010
Assignment recording information: at Reception No. 953825 in Book 748 at Page
460
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: 71969009843000469465
CERTIFIED MAIL NO. FSN: 71969009843000474759
Blake F. Vadnais
33 Fir Place
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000469472
CERTIFIED MAIL NO. FSN: 71969009843000474766
Blake F. Vadnais
PO Box 3598
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000469489 CERTIFIED MAIL NO. NOI: 71969009843000469496
CERTIFIED MAIL NO. FSN: 71969009843000474773 CERTIFIED MAIL NO. FSN: 71969009843000474780
GMAC Mortgage, LLC Occupant
1100 Virginia Drive 33 Fir Place
Fort Washington, PA 19034 Star Valley Ranch, WY 83127
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Certificate of Sale
Vadnais 10 -10344
Page 4 of 7
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
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiars i Legal Services, LLC.
rs NOTARY PUB IC
KCDEE PEARSCN
STATE OF WYOMING
r COUNTY OF INIATRONA
My Commission Expires Apr. 14, 2014
My commission expires:
/1/,24//
r
By: i nette Baldad
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signature of notarial officer)
y
Title (and Rank/
Certificate of Sale
Vadnais 10 -10344
Page 5 of 7
FORECLOSURE SALE NOTICE
wAS, de alt �n +Att� eIpayrctent FitiOipat principal and interest has oc-
citrted under the teiti"is of�azpzomYSsory =r►dte (the `Note) dated ply, 9,
2Q08 executed. anelliv`erl bye Blake, Vadnais Mortgagor(s) to
Mortgage Electroxiie „Reg sfi aeon Systems, Inc as. nohune`e for GMAC.:
1 6f, age, .1-66 011tAG itirtgag`e'Corporation, Viand a'-real estate
mortgage .(the M,ortgage') of =the same +date se'curing'the'Note, which?
Mditgage;wasG'exec itedandii ehv'eredby Mortgagor(s) AO said Mort
gagee a5�,d whiol My ttgage` was re`cbtded on July 31;, 2008 at Reception
°No4'9409.1.7kin B ok 701 =atFPage.231 in the records of the office of the
County' Clerk and:ex officio Register'of,Deeds .in and for Lincoln County
State of Ws oming, nd� i
WHEREAS, the mortgage was assigned "for.value as.follows:
Assignee GMAC MortgagelL'•E'C
Assignment dated= May�i24, 20'101
Assi recorded iJuwd 2010
Ass(gnrnent`re`cording info ation ;at Reception No 953825 inB,`ook'
748 1at 460
.A11 in the`records of the;,County.Cl'erk and ex officio Register of
in;and'for Lincolni County; Wyoming
REAS,the,lvlo tgage`contains apower of-sale which by i'eason
of °saidldefault ,t(ie`;M4 Sagee' declares to beco;rie° operative, a'nd5n
suitor proceeding has been- instituted at la `twrecover the,debt secured
by th Mortgag or any.part thereof, nor lias' anysuch proceed
been instituted. andttie :same °discontinued; and
WHEREAS, written notice toa•foreclose the Mortga}
advertisement' andY/sale has,, been served upon the- record owner ands
party in pbssession.of tlie'.mottgaged preinrses at east Rten (10) days prior
to tlie;cobainiericerrient of =this iiubli ati iri r and +the;amount due upon tl e
Mortgage;'onthe;dat bf�sfi sfpubhCtttron£ofs;this notice of sale b'eurgzthe
total sumygf x$1 :48 8s3 vhi h surn'icorium'stof theainpaid pn icipal-ba
an of $1;89,638 74 34 i' 660, accru edto.`theAtOf;thea'irst pu bis r t
,tion of'thistnoticez theiam .ttof $7., 'i5.20�tplus attorneys' fees, costs,;
expended ry and +accruing intere late:cl arges, after the date ofa s't,
publication oPt,his'notice,of
WHEREAS, The property being stforeclosed'upon may be;subjec
other Heirs` +and encumbrances thatF^willonot be extinguished atith0
Any prospective pJurchaserishouldlre earehithe s tatus of title before sub-
mitting
NOW, THEREF ®RE;GMAC Mortgage, LLC, asithe Mortgagee, will
have :the •Mortgage foreclosed as. by law provided by causing);the mo't
gaged property to be soldat'ipublic *vibe bylthe Sheriff or Deputy` Sher
ff!in and for ,l�incoltixCounty; #Wyomingdtothe highest bidder for cash at
10 00" o'clock in the form ronion 'July 20f;2010 at the -front door of athe
Lincoln County Courthouse located at 925` Sage Avenue, Kemmerer, WY
LincolnCounty,;for applicationzonithe above described amounts secured
by tlie' Mortgage,% saidimortgaged ptbperty. being. described as. follows,l
LOT 107 IN STAR,VAI LEY RANCH:PLAT 6, LINCOLN: COUN[Y,
WYOMING AS DESCRIBED !ONaHE'OFFICIAL :PLATnxTHEREOF
TOGETHER WITH'AIsL' BUILDING 6 o ROVEMENTS AND :AP
PURTENANCE T,IHIEREON SITUATE t.OR IN ANYWISE APPER
TAINING THERETO i 4'
with an address of 33 Fir Place, Star�Valley Rancho WY ;83127.
Together withall improvemetits -thereon :situate and, all fixtures and
appuitenaihcesrthereto' f r..fl
GMAC Mortgage LLC
Danette'Baldacci.
Castle; MeinholdK& Stawiarski.LegalSevices,.Ll C
330FS1 Walsh Drive, Ste. 202
,f Casper, WY;82609 -0000
i (307)333 5379
8,, 2010 (1;0- 10344)'; 0624F,
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
KEMMERER GAZETTE
KEMMERER, WYOMING
PUBLISH: June =24, ;July
EXHIBIT B
PUBLISHER'S AFFIDAVIT
day of
day of
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 74
UM
and the last publication being on the 1 5
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20
,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 Jensen blisher
ROSEMARY CAPELLEN NOTARY PUBUC
County of State of
Lincoln Wyoming
M Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this 15 day of
20 10,
Notary ,Q ature
•••,1 IIVGIV V1 VPIG
Vadnais 10 -10344
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 $2,053.40
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 Ki-FIAN l; A ETH UGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
/f day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawia ki Legal Services, LLC.
NOTARY PUBLIC
KOOEE PEARSON
STATE or WYOMING
COUNTY OF NATRONA
2 S My commission Ex fires Apr. 14, 2014
?wa�c +rrarr«c�ar� "�ur�rx sse.ta''
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
record AOM
Publication Cost
FTP Update
Conduct Sale
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Sale Fee
Sheriffs Deed Fee
Total $2,053.40
EXHIBIT C
AFFIDAVIT OF ATTORNEY
My commission expires:
/Ip /y 2 X
SS
650.00
745.00
52.00
8.00
455.40
25.00
50.00
26.00
11.00
11.00
10.00
10.00
(Signature of notarl I officer)
n)t 6r V VI)
Title (a nd Rar
By: anette Balda4ci
C. le, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
Certificate of Sale
Vadnais 10 -10344
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