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Home My WebLink About9546646011019084 CERTIFICATE OF SALE STATE OF WYOMING 3 C.% 466 SS COUNTY OF LINCOLN 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 April 13, 2007, executed and delivered by James D. Holyoak and Andrea S. Holyoak to Mortgage Electronic Registration Systems, Inc., as nominee for Hunter Financial Group LLC and (b) that certain mortgage dated April 13, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 23, 2007, at Reception No. 928655 in Book 655 at Page 364 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: COSPkg LOT 9 OF WILD FLOWER ESTATES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO 198 -B FILED ON SEPTEMBER 26, 2003 AS INSTRUMENT NO. 893865 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 190 Braves Circle Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment dated: June 8, 2010 Assignment recorded: June 18, 2010 Assignment recording information: at Reception No. 954024 in Book 749 at Page 283 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, Flagstar Bank, FSB "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 8/3/2010 at 10:36 AM Certificate of Sale Holyoak 10 -10649 RECEIVING 954664 Page 1 of 7 BOOK: 751 PAGE: 466 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY four (4) consecutive weeks, commencing with the July 8, 2010 issue of said newspaper and ending with the July 29, 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 August 3, 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 $245,969.91 "Bid Sum which was bid and offered by Flagstar Bank, FSB "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 $2,240.60 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 August 3, 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 3rd day of August 2010. COSPkg x C 416`? M. Shane Johnso Sheriff in and for ncoln Co y, State of Wyoming By: Y Print Name: John Starcevich Title: Deputy Sheriff Certificate of Sale Holyoak 10 -10649 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Starcevich Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of August 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L HIAWKES NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires ACKNOWLEDGMENT STATE OF WYOMING SS 1 r Zx YVnG� 11 CLk Notary Public Certificate of Sale Holyoak 10 -10649 Page 3 of 7 468 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: 71969009843000480781 CERTIFIED MAIL NO. FSN: 71969009843000484673 James D. Holyoak 190 Braves Circle Afton, WY 83110 CERTIFIED MAIL NO. NO1: 71969009843000480804 CERTIFIED MAIL NO. FSN: 71969009843000484697 Andrea S. Holyoak 190 Braves Circle Afton, WY 83110 COSPkg 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 April 13, 2007 (the "Mortgage and recorded on April 23, 2007, at Reception No. 928655 in Book 655 at Page 364 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 James D. Holyoak and Andrea S. Holyoak "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Hunter Financial Group LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment dated: June 8, 2010 Assignment recorded: June 18, 2010 Assignment recording information: at Reception No. 954024 in Book 749 at Page 283 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: 71969009843000480798 CERTIFIED MAIL NO. FSN: 71969009843000484703 James D. Holyoak 169255 N Highway 34 Thatcher, ID 83283 -5827 CERTIFIED MAIL NO. NOI: 71969009843000480811 CERTIFIED MAIL NO. FSN: 71969009843000484710 Andrea S. Holyoak 169255 N Highway 34 Thatcher, ID 83283 -5827 CERTIFIED MAIL NO. NOI: 71969009843000480828 CERTIFIED MAIL NO. N01: 71969009843000480835 CERTIFIED MAIL NO. FSN: 71969009843000484727 CERTIFIED MAIL NO. FSN: 71969009843000484734 Flagstar Bank, FSB Occupant 5151 Corporate Drive 190 Braves Circle Troy, MI 48098 Afton, WY 83110 Certificate of Sale Holyoak 10 -10649 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 25, 2010 and the date of the first publication of the notice of foreclosure sale was July 8, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on .2' day of ;T 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiapki Legal Services, LLC. tict fARY 11011 V. DA" PEARSO Fro o Ar (oMt 4(; r!1y ou NA 117.014A My Commis, :,ssar� �sNtr 14 7 4, nr ..r.r,�rsr..r�rw�ir a..rca My commission expires: /V, 2 oly iktt Byt,D anette Ba 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 Rn k) Certificate of Sale Holyoak 10 -10649 Page 5 of 7 WHEREAS, xdefault m the payment,of principal and interest has oc a a curt'ed under a tetrtis of a`prointssornote (tlte Not dated Apri1 2007, executed an`dtOiver`ed'by Jarrles'D. Holyoak and Andrea' S. Holyoak l�tortgagor( �;'S toxMort'gage" Electronic Registration Sytstems, Inc as n for ominee ;E rater Financial •Group LLC, artd a real' estate mortgage" (the. Mor )fo f *0a rlle date"duringe Note, was executed��and deliv ed by' Mortgagor(s), to said Mortgagee and whi'ch`Mortgage "w'as r" in oo 6S ecorded "onAp 1'2.3, 2007, at Reception No. 928655 BS-4, tlPage e office ofihe County clerk and ,and*0,0 ffici'oRegister "of Deed`s' fn and�foi Lincoln County, Stateof Wyo. mg,��aand "ab k hr e 1 k a fi�a: 6a� k' ,'s, WI ER �S, themoi gage astassignedlor value'as follows: Assignee lagstar Bank, BSB •Assigmr ra f dated: June 8 2010 Assignment recorded: Jiine'�18, 20 1 Asst tirr ent recordinginfo rmation atReceptiop No` 954024 in Book 749 at Page283 °All i i.the te`coeds of e Cd ty Cl`erkand e officio Regi Deeds in• and ,for Lincoln County, YO g WI EREAS the M ortgage contains a power of sale which by reason of sand default the Mortgagee declares'to havebecdrne ''operative, aiiii`no suitor proceediniliafbeeti instituteddabla' to recove'r the 'debt secured by the Mortgage, or rany part thereof,tnorihas airy such •suitor proceeding been' instituted nd? the same discontinued and WHEREs, •written' +notice of "ut'eiit'to�fdrecldse'theMort gage by adYerttsernerA and sale hasp +beeh ?ed'tipoti thereobid "bwuet and the p "'arty ui pos'seS�sxbri� "bf tlie�i '014;„ eti3 i ietni`ses`atir least `ten (10) days prior tb 11.0co` n'encemefl of.thisiptiblicatton,�'andi*e amount duenpon the Mortgage; (ii4he" date °o fii'sY'publ "c4tinrtIof tuts notice of sales being the, totabsumjof $,30t541 3$ w tioh" s'um e6Wsists'of the unpaid principal bah ance of $2$,7;'325 84 plusi teresffaCCZb d e tli` date of the,firsti publics- tiotd of thistdice m`theiatYiotxnf of`$14i2155, plus attornes' fees,' costs ejpettded;d caccraing rf terest6atitltl0e1 the date �ofwfirst publica� is notice of'salr Th'e property other hens d encumbrances Any prospe4 ye purc a e r =`silo mittingi a'b N ®W4 the Mortgage property•to b and for Ia &clockii n'I coln'Count Lincoln Cou bP44e Mo t to' -wit: LOT MING AS ON SE t° ER.t26,.2 SAS R)MCO DS FF I Ltll�]COI COUNTY CLERK with an address;; of 19.0 Braves Circle Afton, WY 83110. Together ,with all itnproyetrientsthereon situate and 'all ;'ftxtures and appurtenances s:theretd :ua Flagstarl3ank,'FSB By Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper WY 82609 -0000 (3 "07)j333'5379 PUBLIS` KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING oreclosed upon maybe subject, to ll ttbt be extinguished at, the sale. to status of title before sub Flagstw Bai k,'FSB, as theMortgagee, willbaVe as by law: provided by causing them ortgaged lic. venue by the iSheri f� or Deputy Sheriff in coming to t helughestbidder for cash at 1 0:00 forenoon!'on Auktioe',i201 thetfront the &of of pf the xLin ourtl otise $located.,at:925.SageAvenue, Kemmerer, W.Y, tot applicatiotinon tt eaabove-- described amounts secured e, said mortgagedrproperty. being described as follows, WER °aESTATES,sL COUNTY; WYO ON THE OFP1,CIAL °PLAT NO 198 -B FILED' 003 INSTRUMENT NO. 893865' OF THE (W EXHIBIT B PUBLISHER'S AFFIDAVIT Notary Si KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 consecutive issues /weeks; the first publication being on the f day of (A 20 (0 and the last publication being on the day of 20 1 0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jense 7`a blisher ROSEMARY GAPELLEN NOTARY PUBLIC 4K County of„ N',r State of Lincoln Wyoming My Commission Expires May 5, 20I2 Subscribed in my presence and sworn to before me on this a/..,5 day of t t 471. I.ertIucaie OT aie Holyoak 10 -10649 Page 6 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 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 $2,240.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update Total $2,240.60 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 N A ETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 9 day of J'1Ji 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarki Legal Services, LLC. NOTARY i IRI KODEE PEARSON 5rAtE or wyomINiir r ouNTY OF NAietONA arn! Hart Expine5 Apr. 14, 2014 tied Fwi':N.a daf4G n..,° rKe,GiJ: A+A:O:cfl.^4[, My commission expires: p r 2 o/7 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS By: anette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) 17A PU 191, c- Title (and Rfik) 600.00 970.00 78.00 8.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 47 Certificate of Sale Holyoak 10 -10649 Page 7 of 7