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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 COSPkg 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. COSPkg 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: COSPkg 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 COSPkg 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 COSPkg 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'' COSPkg 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 Page 7 of 7