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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