HomeMy WebLinkAbout9554696011019302
STATE OF WYOMING 0005
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 January 28, 2010, executed and delivered by
Melvin J. Wooden and Julene Wooden and Shane Wagstaff and Michelle
Wagstaff to Central Bank and (b) that certain mortgage dated January 28, 2010
(the "Mortgage securing said note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on
February 19, 2010, at Reception No. 952249 in Book 742 at Page 728 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
CERTIFICATE OF SALE
LOT 93 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE
RECORDS OF THE LINCOLN CLERK.
with an address of Lot 93 Star Valley Ranch Plat 5 Star Valley
Ranch, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Central Bank "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 August 19, 2010 issue of said
newspaper and ending with the September 9, 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
RECEIVED 9/14/2010 at 10:25 AM
RECEIVING 955469
BOOK: 753 PAGE: 577
JEANNE W
1 iMrnI ni rnI [KIT/ rri colt VCRARA=0=D tnry
Certificate of Sale
Wooden 10 -15013
Page 1 of 7
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 September 14, 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
$21,825.45 "Bid Sum which was bid and offered by Central Bank
"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 $1,718.40 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 September 14, 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
14th day of September 2010.
COSPkg
By:
Title: Deputy Sheriff
6::0578
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Cliff Boyd
Certificate of Sale
Wooden 10 -15013
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires- 2I1
COSPkg
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 14th day of
September 2010.
Witness my hand and official seal.
Jenny Clarke Notary Public
State of
oming
.2 ZQ I
My Commission Expires
County of
Lincoln
cuu
000579
Certificate of Sale
Wooden 10 -15013
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
CERTIFIED MAIL NO. NOI: 71969009843000503503
CERTIFIED MAIL NO. FSN: 71969009843000511751
Melvin J. Wooden
Lot 93 Star Valley Ranch Plat 5
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000503527
CERTIFIED MAIL NO. FSN: 71969009843000511775
Julene Wooden
Lot 93 Star Valley Ranch Plat 5
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. N01: 71969009843000503541
CERTIFIED MAIL NO. FSN: 71969009843000511799
Shane Wagstaff
Lot 93 Star Valley Ranch Plat 5
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000503565
CERTIFIED MAIL NO. FSN: 71969009843000511812
Michelle Wagstaff
Lot 93 Star Valley Ranch Plat 5
Michelle Wagstaff
Star Valley Ranch, WY 83127
CERTIFIED MAIL NO. NO1: 71969009843000503589
CERTIFIED MAIL NO. FSN: 71969009843000511836
Central Bank
75 North University Ave.
Provo, UT 84601
COSPkg
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
S
CERTIFIED MAIL NO. N01: 71969009843000503510
CERTIFIED MAIL NO. FSN: 71969009843000511768
Melvin J. Wooden
1945 South Holiday Hills Road
Springville, UT 84663
CERTIFIED MAIL NO. NOI: 71969009843000503534
CERTIFIED MAIL NO. FSN: 71969009843000511782
Julene Wooden
1945 South Holiday Hills Road
Springville, UT 84663
CERTIFIED MAIL NO. N01: 71969009843000503558
CERTIFIED MAIL NO. FSN: 71969009843000511805
Shane Wagstaff
1945 South Holiday Hills Road
Springville, UT 84663
CERTIFIED MAIL NO. NOI: 71969009843000503572
CERTIFIED MAIL NO. FSN: 71969009843000511829
Michelle Wagstaff
1945 South Holiday Hills Road
Springsville, UT 84663
CERTIFIED MAIL NO. NOI: 71969009843000503596
CERTIFIED MAIL NO. FSN: 71969009843000511843
Occupant
Lot 93 Star Valley Ranch Plat 5
Star Valley Ranch, WY 83127
000580
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 28, 2010 (the "Mortgage and recorded on February 19, 2010, at
Reception No. 952249 in Book 742 at Page 728 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 Melvin J. Wooden and Julene Wooden and Shane
Wagstaff and Michelle Wagstaff "Mortgagor(s) the named mortgagor(s), and
Central Bank is the named mortgagee.
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
Wooden 10 -15013
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000503602
CERTIFIED MAIL NO. FSN: 71969009843000511850
Star Valley Ranch Association, Inc.
781 Vista Drive
P.O. Box 159
Thayne, WY 83127
CERTIFIED MAIL NO. N01: 71969009843000503626
CERTIFIED MAIL NO. FSN: 71969009843000511874
Edwin L. Brower CP Holder
Box 1563
Lyman, WY 82937
State of Wyoming
County of Natrona
JE DU
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex Ires Ju 19 2014
My commission expires:
COSPkg
FURTHER AFFIANT SAYETH NAUGHT.
2l//
CERTIFIED MAIL NO. NOI: 71969009843000503619
CERTIFIED MAIL NO. FSN: 71969009843000511867
Lincoln County Treasurer
P.O. Box 630
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 3, 2010 and the date of the first publication of the
notice of foreclosure sale was August 19, 2010.
anette dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
his instrument was acknowledged before me on
q of o" 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawia ski Legal Services, LLC.
(Si. r of notarial offi
nG,?�,r k obto/
Title (and Ran
Certificate of Sale
Wooden 10 -15013
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
gad e.
lalbal-
tt11 ca-
�e�s cdstS
eoffirst.
subj to
li e (.sale.
°be sub
EXHIBIT B 000582
PUBLISHER'S AFFIDAVIT
nary!
(5od(
'ultra),,
a`te se_
b sack;
riled on;.
7
44,
of
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
J.a 4
Lincoln �r Wyoming
My Commission Expires May 5, 2012
lit 4
sher.
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 I q
day of CtUrf 20 l(}
and the last publication being on the
day of 1"'�' f t° I 20 V
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jens ublisher
Subscribed in my presence and sworn to
before me on this q day of
fa.cn-)
el Jensen, Pu
Notary Sig
0V0,
Wooden 10 -15013
Page 6of7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
A LIC
JESSICA DUTY
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex fires Ju 19, 2014
My commission expires:
COSPkg
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 $1,718.40
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 750.00
Title Commitment 281.00
Statutory Notice Fee 169.00
Publication Cost 386.40
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
FTP Update 25.00
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 AFFIAj\IT METH NA G T.
By: Danette Ba cci
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
i of 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawi rski Legal Services, LLC.
(S a rg of notarial officer)
Title (and RI)
$1,718.40
000583
Certificate of Sale
Wooden 10 -15013
Page7of7