HomeMy WebLinkAbout9554732. That a default has occurred under the terms of (a) that
certain promissory note dated July 24, 2007, executed and delivered by DonDee
Louis Auliman to Mortgage Electronic Registration Systems, Inc., as nominee for
1st Bank and (b) that certain mortgage dated July 24, 2007 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on July 30, 2007, at
Reception No. 931711 in Book 667 at Page 321 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:
6011019131
CERTIFICATE OF SALE
STATE OF WYOMING 006598
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.
DEED RECORDED IN BOOK 240PR ON PAGE 656 WITH THE OFFICE OF
THE CLERK OF LINCOLN COUNTY, WYOMING WITHIN THE SOUTHEAST
QUARTER OF SECTION 26, TOWNSHIP 34 NORTH RANGE 119 WEST OF
THE 6TH P.M., LINCOLN COUNTY, WYOMING, THE METES AND BOUNDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF THE 60 FEET WIDE NON-
EXCLUSIVE RIGHT -OF -WAY, AS REFERRED TO IN THE DEED RECORDED
IN BOOK 170PR ON PAGE 548, WITH SAID OFFICE, SAID POINT OF
BEGINNING, BEING 31.15 FEET SOUTH 18 °22'48" EAST FROM THE LLOYD
B. BAKER PE /LS 698, 1994 LOCATION FOR THE NORTHWEST CORNER OF
SAID SOUTHEAST QUARTER; THENCE SOUTH 89 °33'12" EAST, ALONG
SAID CENTER LINE, 410.00 FEET; THENCE SOUTH 0 °35'06" WEST, 574.81
FEET; THENCE NORTH 83 °40'20" WEST 413.18 FEET TO A POINT IN THE
WEST LINE OF SAID MOON PROPERTY; THENCE NORTH 0 °42'14" EAST,
ALONG SAID WEST LINE, 523.48 FEET, TO THE POINT OF BEGINNING
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with an address of 164 Bison Meadows Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: July 8, 2010
Assignment recorded: July 21, 2010
Assignment recording information: at Reception No. 954508 in Book 750 at Page
881
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.
Certificate of Sale
RECEIVED 9/14/2010 at 10:30 AM Auliman 10 -11496
RECEIVING 955473 Page 1 of 7
BOOK: 753 PAGE: 598
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000599
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
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
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
$339,194.16 "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 $2,431.20 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.
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Certificate of Sale
Aullman 10 -11496
Page 2 of 7
000600
DATED at Kemmerer, Lincoln County, State of Wyoming, this
14 day of September 2010.
M. Shane Johnson
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires.`1- 2-8
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Sheriff in and for Lincoln County, State
of Wyoming
7
;j1Par
Print Nam Cliff Boy
By:
Title: Deputy Sheriff
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.
Jenny
County of
Lincoln
atIcb
Notary Public
State of
Wyoming
My Commission Expires 1
Certificate of Sale
Aullman 10 -11496
Page 3 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 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 July
24, 2007 (the "Mortgage and recorded on July 30, 2007, at Reception No.
931711 in Book 667 at Page 321 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 DonDee Louis Aullman "Mortgagor(s) the named mortgagor(s), and
Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank is the
named mortgagee, which Mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: July 8, 2010
Assignment recorded: July 21, 2010
Assignment recording information: at Reception No. 954508 in Book 750 at Page
881
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. N01: 71969009843000503374
CERTIFIED MAIL NO. FSN: 71969009843000511287
DonDee Louis Aullman
164 Bison Meadows
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000503398
CERTIFIED MAIL NO. FSN: 71969009843000511300
Stephanie Aullman
164 Bison Meadows
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000503411 CERTIFIED MAIL NO. NOI: 71969009843000503428
CERTIFIED MAIL NO. FSN: 71969009843000511324 CERTIFIED MAIL NO. FSN: 71969009843000511331
BAC Home Loans Servicing, L.P. Occupant
400 Countrywide Way 164 Bison Meadows
SV 35, P.O. Box 10232 Thayne, WY 83127
Simi Valley, CA 93065 -6298
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000601
CERTIFIED MAIL NO. NOI: 71969009843000503381
CERTIFIED MAIL NO. FSN: 71969009843000511294
DonDee Louis Aullman
Box 938
Thayne, WY 83127
CERTIFIED MAIL NO. N01: 71969009843000503404
CERTIFIED MAIL NO. FSN: 71969009843000511317
Stephanie Aullman
Box 938
Thayne, WY 83127
Certificate of Sale
Aullman 10 -11496
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000503435
CERTIFIED MAIL NO. FSN: 71969009843000511348
1st Bank
P.O. Box 1620
Afton, WY 83110
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.
State of Wyoming
County of Natrona
Or
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FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day of p 2010 by Danette Baidacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
OTARY PUBLIC
JESSICA DUTY
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex Ires Ju 19, 2014
My commission expires:
CERTIFIED MAIL NO. N01: 71969009843000504326
CERTIFIED MAIL NO. FSN: 71969009843000511355
DonDee Louis Aullman
164 Bison Meadows Lane
Thayne, WY 83127
y ►`ane B: •acci
Ca e, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
10-atZ,
(Si. ure of notarial offL r)
,IA itle (and R.1 k)
Certificate of Sale
Aullman 10 -11496
Page 5 of 7
000602
scribei
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
eason'
and o
secured
ceeding,
gage by
per and the
s prior
on,the
rng ,the
albal
iblca-
ees, costs
to f 'riist
EXHIBIT B
PUBLISHER'S AFFIDAVIT
PRO:
954508, �,n Book
egister ofDee(1 s
sub,�ect,to
at�the sale.;
060 0=
sF the M ort
byc ausang
or Deputy
b dder
at #'rant
e Awipe,
d escribed
r
pro pext',beg de
on
ds
ING
NG
UT.H 0 WEST,
T® A
ENCE'
FEET,
OLN'
ORE'.
0
TO
WITH
EEC''
eadows, Thayne, WY 83127.
ereon situate and all fixtures and
ome Loans Servicing; L.P.
By; Danette Baldacci
Services,
202
0
Notary Sig
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 4 consecutive issues /weeks;
on the (q
public`ation being on the
the first publication being
day of
and the last
day of 10 kn i t V 20 9. 0
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jew Publisher
Subscribed in my presence and sworn to
before i e on this q day of
e 0603
G1 UII.,GIC tit ,Ja;c
Aullman 10 -11496
Page 6of7
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 $2,431.20
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 1,038.00
Statutory Notice Fee 104.00
record AOM 8.00
Publication Cost 538.20
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Assign of Cert of Sale 11.00
Record Sheriff's 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 AFFIAN YETH AUGHT.
cr? 11 4t6
B r anette aaldacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
State of Wyoming
County of Natrona
day of
Meinhold and Stawi:r ski Legal Services, LLC.
JESSICA DUTY
COUNTY
STATE OF NATRONA Tres Ju 18, 2014
My commission expires:
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$2,431.20
This instrument was acknowledged before me on
2010 by Danette Baldacci as attorney of Castle,
Certificate of Sale
Aullman 10 -11496
Page 7 of 7
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