The URL can be used to link to this page

Home My WebLink About9550946011019052 STATE OF WYOMING 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 September 15, 2006, executed and delivered by David R. Davis and Dawn C. Davis to Mortgage Electronic Registration Systems, Inc., as nominee for Envision Lending Group, Inc. and (b) that certain mortgage dated September 15, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 19, 2006, at Reception No. 922603 in Book 634 at Page 211 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: The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: June 25, 2010 Assignment recorded: July 1, 2010 Assignment recording information: at Reception No. 954219 in Book 750 at Page 87 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, BAC Home Loans Servicing, L.P. "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 CERTIFICATE OF SALE SS with an address of 551 Kodiak Circle Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. S47 LOT 10 OF BEAR HOLLOW TWIN HOMES (INCORRECTLY SHOWN ON MORTGAGE AS HOLMES) SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 393 FILED ON JUNE 20, 2000 AS INSTRUMENT NO. 866535 OF THE RECORDS OF THE LINCOLN COUNTY CLERK Certificate of Sale RECEIVED 8/24/2010 at 12:05 PM Davis 10-10034 RECEIVING 955094 Page 1 of 7 BOOK: 752 PAGE: 547 JEANNE 1/ I klesll, •ni InITV ri PPK KFMMERER. WY +5 48 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 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 $215,853.21 "Bid Sum which was bid and offered by BAC Home Loans Servicing, L.P. "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 $2,102.40 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 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. COSPkg M. Shane Johnson Sheriff in and for Linco Cou ty, State of Wyoming By: Print Name: John Starcevich Title: Deputy Sheriff Certificate of Sale Davis 10 -10034 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 24th day of August 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. `Y1/L Notary Public SAVANNA L. HAWS NOTARY PUBLIC COUNTY OF IDS. STATE OF LINCOLN PM IL My Commission Expires Certificate of Sale Davis 10 -10034 Page 3 of 7 549 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 September 15, 2006 (the "Mortgage and recorded on September 19, 2006, at Reception No. 922603 in Book 634 at Page 211 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 David R. Davis and Dawn C. Davis "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Envision Lending Group, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: June 25, 2010 Assignment recorded: July 1, 2010 Assignment recording information: at Reception No. 954219 in Book 750 at Page 87 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: 71969009843000490865 CERTIFIED MAIL NO. FSN: 71969009843000496560 David R. Davis 551 Kodiak Circle Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000490889 CERTIFIED MAIL NO. FSN: 71969009843000496584 BAC Home Loans Servicing, L.P. 400 Countrywide Way SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000490902 CERTIFIED MAIL NO. FSN: 71969009843000496607 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 -2026 COSPkg SS EXHIBIT A 50 CERTIFIED MAIL NO. NOI: 71969009843000490872 CERTIFIED MAIL NO. FSN: 71969009843000496577 Dawn C. Davis 551 Kodiak Circle Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000490896 CERTIFIED MAIL NO. FSN: 71969009843000496591 Occupant 551 Kodiak Circle Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000490919 CERTIFIED MAIL NO. FSN: 71969009843000496614 Countrywide Bank, FSB 1199 North Fairfax St., Ste. 500 Alexandria, VA 22314 Certificate of Sale Davis 10 -10034 Page 4 of 7 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 FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on c i day of Aor 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: -''Y COSPkg jit nette B'-:acci Castle, Meinho d, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of not officer) iAc, ci 47 `L Title (and R Certificate of Sale Davis 10 -10034 Page 5 of 7 FORECLOSURE LE NOTICE WHEREAS, default •in the payment of principal and interest has oc curred�uitider the "termsrof:a prom note (th avid e Note avis and interest b�,E2'006, executed d d elivei b red y D RR.''D Dt. 'D 15 (`VIortgdgor(s) ")i.to Mo tg geIElebtrbtiic "`Reglstration''Systems, °Inc.,ka's nominee •for- Envision °Lend YOu In and meal estate mort gage (the "Mortgage of the same d ate's °ecl ring the Note- wh Mo gage was eXecuteddtd'elivered'b satd "to'q sai M ort ga gee, "�ata�l whi'el rtgapge wasg ecardedroflG 'ep'tember 19 2006, at I';e N" o:° 922613 0 i fib "634 attiPage X111 in the records of the office of the County Cler sand ex officio Register'of Deeds in and for ]'Jtncoln�Cottint' State "ofi""�y`�ih�mgrand' WHEREAS e'iho4igage was +aslgned'fdt value as follows. Assign'ea �B��i tH?t�me?Loan� "L.P. assignment date rite "2S; 20 1, Assi ient.r'ecoided'' ulyc1,`2010 l entrecof i eception'No'. 9 i n Book ex officio Register Wing �.h )iltais� a power, of sale which by reason of said defa the o tg gee declares hto have become operat and no suet or procee h °a std re t h e d s ecured C Y N 9 l 1 i n i 9 ,F ng b e the Mor or a pa1't"thereof, Dior flan atiy such su it br proc been inst and e�sat epdiscontinued 'and W HE AS. en oticoii f� mmen to fo r e c l ose the M ortgage by e adv an to has b ee n se '64''' pon t h e c ord own and th v.! v a fi v i' f sTR2 yd ti e r patty iu poss ession o the ortgage, pr y e s atlea s t t 10) d prior ,to the oi i nt la encemze tot s publication, a th amount due upon the Mortgage on�the7Kla o f first p of this notice of sale being the toil Sm ot$2 �,4 9 S Much suin` consist of the unpaid principal bal ante of $;195 „�7 plii3q �ipt rest'aocrile`dito t e date o� the ..i.r t p u blics 'tion ofthis i- otice4i t h e ainuntof $15 plus' fees, costs expended and' ad�c t uhng izlte and late cliaxg ater,tlle date of first publlF ,Q,f zthnh flash f .other hens an o Any prospe mining a'b ASsigr 7S0 at Page 87 All in the records °of tfie in and f Lincoln County, pro y ber for eclosed upon may lie subjec ce s tli�t 1 _t bo ext- uished at the sa le. h aser�sio u ldr'ese a r ch th e st of title b efore sub- mRE B�1 C h ome Lo alis S erv i cin g L P a the Mort- 4 �g age e w llhav�e eoxtageore q uloseds by l prov i ded b c a u sii n g the lfii e Gy t q e o a p� e nua by the S e i�ff or D e p ut y B} k h kA4 ti+d' u 'w �'h t 1 S eriff ifl aiiu lur; njacp i' Coui g mg, me g ht g he s t; b idder for Gash >at X 10 00 o� cloc C° 442' the� on,,Augu 2 '.'''925„,,,; 2010. a the fr .door of the Linco 4 ounty 4C�ou h l cateci at S A Kem 1,. I; tco ourity M gr appl ication o n th above d amoun ts .s ecur ed'by t ortgage,, said mortg prop being d'e- s_cnbed a s follow to-wit: LOT 10 OF BE HO LLOW T W 1 I� O IME INCORR E CT LY SHOWN ONM,OR,' 1 O L MES) S1JBD,I LIN COUNT WYO I NG AS DESG ZI D� ON THP OFF PLAT 5 NQ 393 FILED ON 2000 Ihi g T RUME NT Nd 86653 0 1 THE "RECORD o Try O COUN�I CLERK with y ian add ;es of 551 di' a k,Circ le, ereon; Tha ;WX 831 Togeth W ith F all impr ovements thu ate s and all fixtures and ices] h ereto. KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming UUJF'K9 ome Loans Servicing, L.P. By Dane Baldacci Stawiarski Legal S 30 S Walsh Drive `Ste. 202 asger, WX 82609 -0000 307) 333 5 379 0727A 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 1 consecutive issues /weeks; the first publication being on the day of and the last publication being on the 11' day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 10 20 i and that said advert"ment appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by Michae Michael le Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Sa' Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before n this lei day of Notary Si �n A. 20 la Pu 1,1 ture 3 tz L eruricate or gale Davis 10 -10034 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 $2,102.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 768.00 Statutory Notice Fee 78.00 record AOM 8.00 Publication Cost 455.40 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 FTP Update 25.00 Total $2,102.40 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 AFFIA YET NA,- GHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 1 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Staw�Legal Services, LLC. My commission expires: COSPkg I EXHIBIT C AFFIDAVIT OF ATTORNEY 1912.41 SS 1111 w r nette .0! cci astle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signp�ture of notarial officer) 49,, do Title (and RaSk) 53 Certificate of Sale Davis 10 -10034 Page 7 of 7