HomeMy WebLinkAbout955093d 1:x+134
CERTIFICATE OF SALE
STATE OF WYOMING
SS 40
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 January 22, 2002, executed and delivered by
Enrique Alba to Wells Fargo Home Mortgage, Inc. and (b) that certain mortgage
dated January 22, 2002 (the "Mortgage securing said note, which Mortgage
was executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on January 25, 2002, at Reception No. 878799 in Book 482 at Page
221 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 60, LEON LIVINGSTON SUBDIVISION, LINCOLN COUNTY,
WYOMING, ACCORDING TO THAT PLAT OF RECORD IN THE
OFFICE OF THE LINCOLN COUNTY CLERK.
with an address of 673 Old Alpine Highway Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: January 18, 2002
Assignment recorded: January 25, 2002
Assignment recording information: at Reception No. 878800 in Book 482 at Page
231
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, Wyoming Community
Development Authority "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 29, 2010 issue of said
newspaper and ending with the August 19, 2010 issue thereof; that said notice
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RECEIVED 8/24/2010 at 12:03 PM
RECEIVING 955093
BOOK: 752 PAGE: 540
JEANNE WAGNER
1 INCOI N COUNTY CLERK. KEMMERER. WY
Certificate of Sale
Alba 10 -14134
Page 1 of 7
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 24, 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
$68,036.13 "Bid Sum which was bid and offered by Wyoming Community
Development Authority "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 $1,199.80 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 24, 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
24th day of August 2010.
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M. Shane Johnson
Sheriff in and for Lincoln ounty, State
of Wyoming
By:
Print Name: John Starcevich
Title: Deputy Sheriff
Certificate of Sale
Alba 10 -14134
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
COUNTY OF
LINCOLN
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Starcevich
Deputy Sheriff of Lincoln County, State of Wyoming, this 24th day of
August 2010
Witness my hand and official seal.
Notary Public
SAVANNA L. NOTARY PUBLIC
�rAr
My Commission Expires
STATE iiOF
�l�(
Certificate of Sale
Alba 10 -14134
Page 3 of 7
542
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 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
January 22, 2002 (the "Mortgage and recorded on January 25, 2002, at
Reception No. 878799 in Book 482 at Page 221 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 Enrique Alba "Mortgagor(s) the named
mortgagor(s), and Wells Fargo Home Mortgage, Inc. is the named mortgagee,
which Mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: January 18, 2002
Assignment recorded: January 25, 2002
Assignment recording information: at Reception No. 878800 in Book 482 at Page
231
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: 71969009843000491121
CERTIFIED MAIL NO. FSN: 71969009843000496423
Enrique Alba
673 Old Alpine Highway
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000491145 CERTIFIED MAIL NO. N01: 71969009843000491152
CERTIFIED MAIL NO. FSN: 71969009843000496447 CERTIFIED MAIL NO. FSN: 71969009843000496454
Wyoming Community Development Authority Occupant
P.O. Box 10100 673 Old Alpine Highway
Casper, WY 82602 Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000491169
CERTIFIED MAIL NO. FSN: 71969009843000496461
Enrique Alba
P.O. Box 12133
Jackson, WY 83002
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
CERTIFIED MAIL NO. NOI: 71969009843000491138
CERTIFIED MAIL NO. FSN: 71969009843000496430
Enrique Alba
P.O. Box 3717
Alpine, WY 83128
('543
Certificate of Sale
Alba 10 -14134
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3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 13, 2010 and the date of the first publication of the notice
of foreclosure sale was July 29, 2010.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and StawiarQki Legal Services, LLC.
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
r, LI Zv/ j
Bette :al•g'ci
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 Ralik)
4-
Certificate of Sale
Alba 10 -14134
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
eception No •878800
4 e p icig R egister t o J
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Rion To, .87879 011
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
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
day of
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
2 0 ll7
and the last publication being on the (1,13
day of
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael JTQn, Publisher
Notary Sign 'ti. re
20 IQ
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before .n this I q day of
A.D.,
r '545
LeILIIIGd1C VI OilIC
Alba 10 -14134
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
My co mission expires:
JL
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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 $1,199.80
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Statutory Notice Fee 65.00
Publication Cost 427.80
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Sheriffs Deed 11.00
Sheriffs Sale Fee 10.00
Sheriffs Deed Fee 10.00
Total $1,199.80
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 practic: In'" State of Wyoming and residing therein.
FURTHER A FIA YETH AUGHT.
ette Bald Tci
einhold, Stawiarski Legal Services, LLC
3 1 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
This instrument was acknowledged before me on
19 day of Ajf 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of notarial officer)
Title (and Rank)
546
Certificate of Sale
Alba 10 -14134
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