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HomeMy WebLinkAbout9558086010817391 *Corrective Certificate of Sale being recorded to correct the Assignee throughout the Certificate of Sale dated April 27, 2010 and recorded April 27, 2010 at Reception No. 953112 in Book 746 at Page 118. CORRECTIVE CERTIFICATE OF SALE STATE OF WYOMING 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 February 6, 2003, executed and delivered by Sean P. Cooney and Melissa Cooney to Argent Mortgage Company, LLC and (b) that certain mortgage dated February 6, 2003 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 18, 2003, at Reception No. 887884 in Book 512 at Page 896 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 LOT 9, STAR VALLEY RANCH PLAT 11, ACCORDING TO THE OFFICIAL PLAT OF RECORD AS PLATTED AND FILED IN THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY, WYOMING with an address of 316 Vista East Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 Assignment dated: December 22, 2008 Assignment recorded: December 30, 2008 Assignment recording information: at Reception No. 944411 in Book 712 at Page 164 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, Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 "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. Corrective Certificate of Sale RECEIVED 10/1/2010 at 4:22 PM Cooney 08 -24471 RECEIVING 955808 Page 1 of 7 BOOK: 754 PAGE: 824 JEANNE WAGNER_ LINCOLN COUNTY CLERK, ERER, WY 0010110211 OeS5 W3 a466 f; s cad§b be'°'r jade of a notic e of -fot t sUre a# #n't he me er G e'-newspaper published and havrr1d ger§erual dircutafid rn 1' n i'i' oc t `S ttte`of Wir nil g;' or'rde &week for 'foor 14) I0110 1ssua-'Iof said newspaper -a 24.461 0. issue Ihere'o; °diet 1iotice w 'mulled;° certified mail :return r•ecerptiegueeted to''alt `pekoes 'asr `required by Wyoming statutes, as ShoWri by'fhe affidavit attached liereta hibit A grid by this reference Made a part hereof, and'that said notice as mailed and published, did 'comply `iri all respects With the requirements of the statutes relating to fAreclosuresnof 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 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 seal :to.wlt: On 'April 27, 2010 at 10 :00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lin oln 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 $187,112.70 ("Bid Sum which was bid.'and offered by 'Was Fargo Bank, N.A., as Trustee for ABFC 20047 5 Trust, ABFC Asset- Backed Certificates, Series 2004 -OPT5 "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 $4,772.38 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 April 27, 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 day of fv 2010. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: Print Name: J1'7 f ANC' /0,44 4✓ Title: 6f- �r'7- Corrective Certificate of Sale Cooney 08 -24471 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My, Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. C:100826 The foregoing instrum rnt w. i subscri -d n my presence and acknowledged before me by 1 .1 IA S �,ta_l►. A S eriff of Lincoln County, State of Wyo" ing, this b day of 2010. ry Public Corrective Certificate of Sale Cooney 08 -24471 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT O`F SERVICE OF WRITTEN 'NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000827 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 February 6, 2003 (the "Mort aq_e and recorded on February 18, 2003, at Reception No. 887884 in Book 512 at Page 896 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 Sean P. Cooney and Melissa Cooney ("Mortgagor(s)"), the named rnortgegor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 Assignment dated: December 22, 2008 Assignment recorded: December 30, 2008 Assignment recording information: at Reception No. 944411 in Book 712 at Page 164 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: 71786575345000406248 CERTIFIED MAIL NO. FSN: 71786575345000410696 Sean P. Cooney 316 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406279 CERTIFIED MAIL NO. FSN: 71786575345000410726 Tony's Glass, Inc. c/o Bowers Law Firm, PC P.O. Box 1550 Afton, WY 83110 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000406255 CERTIFIED MAIL NO. FSN: 71786575345000410702 Melissa Cooney 316 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 70092820000264283386 CERTIFIED MAIL NO. NOI: 71786575345000406262 CERTIFIED MAIL NO. FSN: 70092820000264283904 CERTIFIED MAIL NO. FSN: 71786575345000410719 US Bank National Association, as Trustee for the C -BASS Occupant Mortgage Loan Asset Backed Certificates, Series 2007 -RP1 316 Vista East Drive 4828 Loop Central Drive Thayne, WY 83127 Houston, TX 77081 CERTIFIED MAIL NO. NO 71786575345000406286 CERTIFIED MAIL NO. FSN: 71786575345000410733 Tony's Glass, Inc. 190 Osmand St. P.O. Box 408 Thayne, WY 83127 Corrective Certificate of Sale Cooney 08 -24471 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000406293 CERTIFIED MAIL NO. FSN: 71786575345000410740 Kelly Currier P.O. Box 9411 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000406316 CERTIFIED MAIL NO. FSN: 71786575345000410764 Melissa Cooney P.O. Box 1080 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406330 CERTIFIED MAIL NO. FSN: 71786575345000410788 Darren W. Rosenbaum P.O. Box 102 Grover, WY 83122 CERTIFIED MAIL NO. NOI: 71786575345000406354 CERTIFIED MAIL NO. FSN: 71786575345000410801 Harvest Credit Management VII P.O. Box 949 Kemmerer, WY 83101 State of Wyoming County of Natrona This day of .e ,ff- Meinhold and Stawiarski. !4: FURTHER AFFIANT SAYETH NAUGHT. My commission expires: L c +o COSPkg 000828 CERTIFIED MAIL NO. NOI: 71786575345000406309 CERTIFIED MAIL NO. FSN: 71786575345000410757 Teton Truss, Inc. 108577 Highway 90 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000406323 CERTIFIED MAIL NO. FSN: 71786575345000410771 Sean Cooney P.O. Box 1080 'Mayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406347 CERTIFIED MAIL NO. FSN: 71786575345000410795 Jeffrey Roberts P.O. Box 5287 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000406361 CERTIFIED MAIL NO. FSN: 71786575345000410818 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 March 19, 2010 and the date of the first publication of the notice of foreclosure sale was April 1, 2010. Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle, Legal Services, LLC. (Signature of notarial officer) At rh Pt f b( cc Title (and Rarik) Corrective Certificate of Sale Cooney 08 -24471 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- cursed under the terms of a promissory note (the "Note dated February 6, 2003, executed and delivered by Sean P. Cooney and Melissa Cooney "Mortgagor(s) to Argent Mortgage Company, LLC, and a' real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded on February 18, 2003, at Re- ception No. 887884 in Book 512 at Page 896 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: US Bank National Association, as Trustee for the C -BASS Mortgage Loan Asset-Backed Certificates, Series 2007 -RP1 Assignment dated: December 22, 2008 Assignment recorded: December 30, 2008 Assignment recording information: at Reception No. 944411 in Book 712 at Page 164 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $185,056.42 which sum consists of the unpaid principal bal- ance of $149,021.02 plus interest accrued to the date of the first publica- tion of this notice in the amount of $36,035.40, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before sub- mitting a bid; NOW, THEREFORE US Bank National Association, as Trustee for the C -BASS Mortgage Loan Asset-Backed Certificates, Series 2007 -RP1, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and. for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on April 27, 2010 at the front door of the Lincoln County Courthouse located at 925 Sage Av- enue, Kemmerer, WY, Lincoln County, for application on the above-de- scribed amounts secured by the Mortgage, said mortgaged property be- ing described as follows, to -wit: LOT 9, STAR VALLEY RANCH PLAT 11, ACCORDING TO THE OFFICIAL PLAT OF RECORD AS PLATTED AND FILED IN THE OFFICE OF THE COUNTY CLERK. LINCOLN` COUNTY, WYO- MING with an address of 316 Vista East Drive, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. US Bank National Association, as Trustee for the C- BASS Mortgage Loan Asset- Backed Certificates, Series 2007 -RP1 By: Danette Baldacci Castle,Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper; WY 82609 -0000 (307) 333 5379 PUBLISH: April 1 8, 15, 22, 2010 (08- 24471)° 0401 D COSPkg EXHIBIT B RUBLISHER"S AFFIDAVIT I, Mark Tesoro, 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 1 day of ar 20 10 and the last publication being on the i being on the %i a and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) day of Mark Tesoro, General Manager Subscribed in my presence and sworn to before me on this 77 day of C ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Notary Sig a ure Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln ,20 1 0); C:00829 Certificate of Sale Cooney 08 -24471 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expires: COSPkg 1 Z'a /7 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 $4,772.38 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 655.00 Postage 234.08 Photocopies 28.70 Statutory Notice Fee 494.00 Record AOM 11.00 Postage Record AOM 16.50 Publication Cost (Prior FSN's) 1,745.70 FTP Update x 4 425.00 Publication Cost 455.40 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Sheriff's Deed 11.00 Sheriffs Fee Sale 10.00 Sheriffs Fee Costs 10.00 Total $4,772.38 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 T ETH NAUGHT. Byranette Ardacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on '2 day of 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawia ski Legal Services, LLC. (Signature of notarial officer) iT I° e (and Ra Title 000830 Corrective Certificate of Sale Cooney 08 -24471 Page 7 of 7