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HomeMy WebLinkAbout9549706011019217 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE S 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 10, 2005, executed and delivered by Roberta L. McFarland to The Bank of Star Valley and (b) that certain mortgage dated November 10, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 14, 2005, at Reception No. 913693 in Book 604 at Page 711 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: 865 COSPkg PART OF LOT 2 OF BLOCK 16 OF TOWN OF AFTON, LINCOLN COUNTY, WYOMING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 5 RODS SOUTH OF THE NORTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE SOUTH 5 RODS; THENCE EAST 10 RODS; THENCE NORTH 5 RODS; THENCE WEST 10 RODS TO THE POINT OF BEGINNING. with an address of 323 Adams Street Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0=211 Assignee: Academy Mortgage Corporation Assignment dated: November 15, 2005 Assignment recorded: November 16, 2005 Assignment recording information: at Reception No. 913742 in Book 604 at Page Assignee: Countrywide Bank, N.A. Assignment dated: January 9, 2006 Assignment recorded: January 17, 2006 Assignment recording information: at Reception No. 915281 in Book 609 at Page 837 Assignee: BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, Inc. Assignment dated: December 16, 2005 Assignment recorded: August 21, 2006 Assignment recording information: at Reception No. 921506 in Book 630 at Page 839 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. RECEIVED 8/17/2010 at 11:35 AM RECEIVING 954970 BOOK: 752 PAGE: 211 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale McFarland 10 -13000 Page 1 of 7 a V' t 212 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, BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, 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 July 22, 2010 issue of said newspaper and ending with the August 12, 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 17, 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 $90,400.15 "Bid Sum which was bid and offered by BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, 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 $1,948.20 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 August 17, 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 McFarland 10 -13000 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 17thday of August 2010. STATE OF COUNTY OF My Commission Expires: COSPkg WYOMING LINCOLN By: 7 ?L ACKNOWLEDGMENT SS dommiss M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Micah Rigby Title: Deputy Sheriff Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF STAT€ OP LINCOLN i MO IN 2 The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 17th day of August 2010. 213 Certificate of Sale McFarland 10 -13000 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS GC 6214 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 10, 2005 (the "Mortgage and recorded on November 14, 2005, at Reception No. 913693 in Book 604 at Page 711 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 Roberta L. McFarland "Mortgagor(s) the named mortgagor(s), and The Bank of Star Valley is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Academy Mortgage Corporation Assignment dated: November 15, 2005 Assignment recorded: November 16, 2005 Assignment recording information: at Reception No. 913742 in Book 604 at Page 865 Assignee: Countrywide Bank, N.A. Assignment dated: January 9, 2006 Assignment recorded: January 17, 2006 Assignment recording information: at Reception No. 915281 in Book 609 at Page 837 Assignee: BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, Inc. Assignment dated: December 16, 2005 Assignment recorded: August 21, 2006 Assignment recording information: at Reception No. 921506 in Book 630 at Page 839 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: COSPkg Certificate of Sale McFarland 10 -13000 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000488060 CERTIFIED MAIL NO. FSN: 71969009843000492593 Roberta L. McFarland 323 Adams Street Afton, WY 83110 CERTIFIED MAIL NO. NOI: 70100290000311115971 CERTIFIED MAIL NO. FSN: 70100290000311116480 BAC Horne Loans Servicing, LP f/k/a Countrywide Home Loans, Inc. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000488091 CERTIFIED MAIL NO. FSN: 71969009843000492623 Roberta L. McFarland P.O. Box 856 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 7, 2010 and the date of the first publication of the notice of foreclosure sale was July 22, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on LZ- day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: 1Y COSPkg CERTIFIED MAIL NO. NOI: 71969009843000488077 CERTIFIED MAIL NO. FSN: 71969009843000492609 Roberta L. McFarland 8401 Old Stage Rd Unit 86 Central Point, OR 97502 -9777 CERTIFIED MAIL NO. NOI: 71969009843000488084 CERTIFIED MAIL NO. FSN: 71969009843000492616 Occupant 323 Adams Street Afton, WY 83110 C C 215 +.),M/). anette B'_ 'acci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) P1' 2 Title (and Rn k) Certificate of Sale McFarland 10 -13000 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE. SALE NOTICE WHEREAS, default in the payment of principal and interest has.oc- curred under the terms of a promissory notes (the "Note') dated Novem ber 10,2005, executed and delivere 1 ?y Rob rta;i 4 s Farland! "Mortgagor(s) to The Bank of Star V y, and atea1 t s;±t' Ortge (the "Mortgage of the same' date se a Not �w Mortgage tb spa was executed and delivered by said Mortgagor(s), Satd Ortgagee, acid which Mortgage was recorded on November 14, 2005, at Receptton.No. 913693 in Book 604 at Page 711 in the records of the office :oftthe.Couity Clerk and ex- officio Register of Deeds in and for Lin County, .State) of Wyoming; and WHEREAS, the mortgage was assigned for value As follows: Assignee: Academy Mortgage Corporation' Assignment dated: November 15, 2005 Assignment recorded: November 16, 2005 Assignment recording information: at Reception 604 at Page 865 Assignee: Countrywide Bank, N.A. Assignment dated: January 9, 2006 Assignment recorded: January 17, 200 Assignment recording information: at Re 609 at Page 837' Assignee: BAC Home Loans Servtcmg r LP f/k/a Countrywide Home Loans, Inc Assignment dated: December 16, 2005 Assignment r'eCorded: August 21, 2006 Assignment recording information: at Reception No. 921506 in Book 630 at Page: 839 All in the records of the 'County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding' been instituted and the same discontinued; and WHEREAS, written notice of intent to „foreclose the Mortgage by advertisement and been served upon the record owner and the party in possession of the mortgaged premises at least ten(10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $85,797,07 which sum consists of. the unpaid principal bal- ance of $82,695.52 plus interest accrued to the date of the first publica tion of this notice in the amount of $3,101.55, plus attorneys' fees costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The Property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale Any prospective purchaser should research the status of title before sub- tnitting a bid; NOW, THEREFORE BAC Home Loans Servicing, LP f/k/a Country wide Home Loans, Inc., as the Mortgagee, will baveothe Mortgage fore closed as by law provided by causing the mortgaged property to "be'sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10 :00 o'clock in the forenoon on August 17, 2010 at the front door of the Lincoln County; Courthouse located at 925, Sage Avenue, Kemmerer, WY, Lincoln I C ounty, for`appli- cation on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to -wit PART OF LOT 2 OF BLOCK 16 OF TOWN OFAFTON :LINCOLN COUNTY, WYOMING MORE. PARTICULARLY P DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 5 RODS SOUTH OF THE NORTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE SOUTH 5 RODS; THENCE EAST 10 RODS; THENCE NORTH 5 RODS; THENCE WEST 10 RODS TO THE POINT OF BEGINNING. with an address of 323 Adams Street, Afton, WY 83110. Together with all improvements thereon situate and alffixtures and appurtenances thereto. BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans, Inc By: Danette. Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive,' Ste. ,2i 2 Casper WY 82609 9000 PUBLISH: July22,29,Agust'5, 12, 2010 (10-1 EXHIBIT B PUBLISHER'S AFFIDAVIT 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 4 consecutive issues /weeks; the first publication being on the )1 and the last publication being on the day of day of ♦I ♦N14►,.►,11. Notary S' Mic ael Jen ature .D., 20 20, 20 (0 and that said adve ement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of G Lincoln My Commission E State of Wvc.ming !i2 Subscribed in my presence and sworn to before me on this c day of d by Michae e Pu. sher. c u216 Certificate of Sale McFarland 10 -13000 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update State of Wyoming County of Natrona My commission expires: A L -L z vvy EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $1,948.20 as compensation for services actually rendered in the foreclosure proceeding. 700.00 502.00 65.00 538.20 50.00 26.00 11.00 11.00 10.00 10.00 25.00 Total $1,948.20 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 State of Wyoming and residing therein. FURTHER AFFI NTH YETH NAUGHT. anette B.dacci 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 2_ day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiars1 Legal Services, LLC. (Signature of notarial officer) (J}c, Po Title (and Rar c) Certificate of Sale McFarland 10 -13000 Page 7 of 7