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Home My WebLink About9552576011019270 CERTIFICATE OF SALE 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 4, 2007, executed and delivered by Vaughn F. Olson to Eastern Utah Community Credit Union and (b) that certain mortgage dated September 4, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 5, 2007, at Reception No. 932787 in Book 671 at Page 170 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 5B OF BLOCK 1 OF THE LINCOLN HEIGHTS 5TH ADDITION, SECOND FILING, TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 2, 1985 AS INSTRUMENT NO. 634485 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 1674 Nations Avenue Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: PHH Mortgage Corporation Assignment dated: September 5, 2007 Assignment recorded: October 5, 2007 Assignment recording information: at Reception No. 933789 in Book 674 at Page 726 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, PHH Mortgage Corporation "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 COSPkg RECEIVED 8/31/2010 at 11:03 AM RECEIVING 955257 BOOK: 752 PAGE: 893 JEANNE UV/ 1• I'..." •I '+t£ 011 rr,1 vrtu rlr fl in Certificate of Sale Olson 10 -14342 Page 1 of 7 four (4) consecutive weeks, commencing with the August 5, 2010 issue of said newspaper and ending with the August 26, 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 31, 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 $188,131.79 "Bid Sum which was bid and offered by PHH Mortgage Corporation "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 $1,959.60 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 31, 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 31st day of August 2010. COSPkg C 894 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Olson 10 -14342 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT COUNTY OF LINCOLN SS The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 31st day of August 2010. Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC yn STATE OF WYOMING w W y Commission Expires Certificate of Sale Olson 10 -14342 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA 726 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000494177 CERTIFIED MAIL NO. FSN: 71969009843000500212 Vaughn F. Olson 1674 Nations Avenue Kemmerer, WY 83101 SS CERTIFIED MAIL NO. NOI: 71969009843000494184 CERTIFIED MAIL NO. FSN: 71969009843000500229 Vaughn F. Olson PO Box 1685 Price, UT 84501 CERTIFIED MAIL NO. NOI: 71969009843000494191 CERTIFIED MAIL NO. N01: 71969009843000494207 CERTIFIED MAIL NO. FSN: 71969009843000500236 CERTIFIED MAIL NO. FSN: 71969009843000500243 PHH Mortgage Corporation Occupant 4001 Leadenhall Road 1674 Nations Avenue Mt Laurel, NJ 08054 Kemmerer, WY 83101 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 4, 2007 (the "Mortgage and recorded on September 5, 2007, at Reception No. 932787 in Book 671 at Page 170 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 Vaughn F. Olson "Mortgagor(s) the named mortgagor(s), and Eastern Utah Community Credit Union is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: PHH Mortgage Corporation Assignment dated: September 5, 2007 Assignment recorded: October 5, 2007 Assignment recording information: at Reception No. 933789 in Book 674 at Page 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: Certificate of Sale Olson 10 -14342 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 19, 2010 and the date of the first publication of the notice of foreclosure sale was August 5, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 25 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiar'ki Legal Services, LLC. (Signature of notarial officer) Title (and Rar My commission expires: X4ar 7 20/7' COSPkg nette dacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 C-&; 897 Certificate of Sale Olson 10 -14342 Page 5 of 7 suit oi• by',thel been ins fad Together *t appurtenances KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 11gnr ni Sp�a 101! t lip r�sY��j i�tioyi oc- artg 66; and TTn w fps •Y eee which bbb reason come t perative, andlno e`cover"th debt, secured'. such suit or, proceeding LvarKg eclose the Mortgage by, cord owner�and the t `ten (10) days prio ie amou d nt ue': upon th notice of s a p e, b oration ialdacci ices, LLC e 202 0'000 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 '1 consecutive issues /weeks; the first publication being on they day of 20 and the last publics ion being on the Zia day of a0 20 _10_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln F, Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this Z day of 0 1. t 1,0+ A.D., Notary Signa Certificate of Sale Olson 10 -14342 Page 6 of 7 .:»898 STATE OF WYOMING COUNTY OF NATRONA 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 $1,959.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 723:00 Statutory Notice Fee 52.00 Publication Cost 441.60 FTP Update 25.00 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 1 0.00 Total 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 AF IANT ETH NAUGHT. State of Wyoming County of Natrona My commission expires: t. f 20 y COSPkg $1,959.60 By: anette B acci 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 25 day of f 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) /1/04-uss 4? i c Title (and Rik) 899 Certificate of Sale Olson 10 -14342 Page 7 of 7