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HomeMy WebLinkAbout9559426011019289 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 1 M Sha 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 June 13, 2007, executed and delivered by Geoffrey Kinley to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. and (b) that certain mortgage dated June 13, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 26, 2007, at Reception No. 930682 in Book 663 at Page 470 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 THAT PART OF LOT 3 OF BLOCK 23 OF THE ORIGINAL TOWNSITE OF AFTON, LINCOLN COUNTY, WYOMING, BEING PART OF THOSE TRACTS OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 512 OF PHOTOSTATIC RECORDS ON PAGES 733 AND 734, DESCRIBED AS FOLLOWS: ALL OF PARCEL 3A AS DESCRIBED IN THAT PLAT PREPARED BY SURVEYOR SCHERBEL, LTD TITLED, "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION FOR JODY M. GARDNER AND GINA L. CLARK GARDNER WITHIN BLOCK 23 LOT 3 ORIGINAL TOWNSITE OF AFTON WITHIN SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 32, NORTH RANGE 118 WEST, LINCOLN COUNTY WYOMING" DATED 11 MAY, 2007 AS REVISED AND FILED IN THE OFFICE OF THE CLERK AS INSTRUMENT NO. 903603. with an address of 343 East 5th Avenue Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: August 16, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955122 in Book 752 at Page 561 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. RECEIVED 10/12/2010 at 12:38 PM RECEIVING 955942 BOOK: 755 PAGE: 211 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Kinley 10 -14891 Page 1 of 7 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Federal National Mortgage Association "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 September 16, 2010 issue of said newspaper and ending with the October 7, 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 October 12, 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 $185,017.21 "Bid Sum which was bid and offered by Federal National Mortgage Association "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 $2,043.40 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 October 12, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Kinley 10 -14891 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 12th day of October 2010. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by '\(1�cth Rv\i L Deputy Sheriff of Lincoln County, State of `Wyttining, this 12th day of October 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L HAWKES NOTARY PUBLIC ACKNOWLEDGMENT SS Sheriff in and for Lincoln County, State of Wyoming By: Print Name: 1/11:At 2.ili Title: Deputy Sheriff Notary Public STATE OF LINCOLN WYOM)NG r 1�� My Comrnission Expires M. Shane Johnson �o 2 Certificate of Sale Kinley 10 -14891 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 June 13, 2007 (the "Mortgage and recorded on June 26, 2007, at Reception No. 930682 in Book 663 at Page 470 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 Geoffrey Kinley "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: August 16, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955122 in Book 752 at Page 561 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: 71969009843000524928 CERTIFIED MAIL NO. FSN: 71969009843000534323 Geoffrey Kinley 343 East 5th Avenue Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000524942 CERTIFIED MAIL NO. NOI: 71969009843000524959 CERTIFIED MAIL NO. FSN: 71969009843000534347 CERTIFIED MAIL NO. FSN: 71969009843000534354 Federal National Mortgage Association Occupant P. 0. Box 8517 343 East 5th Avenue Portland, OR 97207 -8517 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000524966 CERTIFIED MAIL NO. FSN: 71969009843000534361 Geoffrey Kinley PO Box 557 Afton, WY 83110 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71969009843000524935 CERTIFIED MAIL NO. FSN: 71969009843000534330 Geoffrey Kinley PO Box 573 Afton, WY 83110 Certificate of Sale Kinley 10 -14891 Page 4 of 7 214 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 31, 2010 and the date of the first publication of the notice of foreclosure sale was September 16, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of (,d—. 2010 by Danette Baldacci as attorney of Castle, Mein old and Stawiarski Legal Services, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: By: Danette Baldacci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Yom( Title (and Rink) Certificate of Sale Kinley 10 -14891 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- curred under the terms of a promissory note (the "Note dated June 13, 2007, executed and delivered by Geoffrey Kinley "Mortgagor(s) to Mortgage Electronic Registration Systems; Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A., 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 Mortgagee, and which Mortgage was recorded on June 26, 2007, at Reception No. 930682 in Book 663 at Page 470 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: Federal National Mortgage Association Assignment dated: August 16, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955122 in Book 752 at Page 561 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage 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 $181,042.14 which sum consists of the unpaid principal bal- ance of $166,105.87 plus interest accrued to the date of the first publica- tion of this notice in the amount of $14,936.27, 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 Federal National Mortgage Association, 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 October 12, 2010 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above- described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: THAT PART OF LOT 3 OF BLOCK 23 OF THE ORIGINAL TOWN- SITE OF AFTON, LINCOLN COUNTY, WYOMING, BEING PART OF THOSE TRACTS OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY IN BOOK 512 OF PHOTOSTATIC RECORDS ON PAGES 733 AND 734, DESCRIBED AS FOLLOWS: ALL OF PARCEL 3A AS DESCRIBED IN THAT PLAT PREPARED BY SURVEYOR SCHERBEL, LTD TITLED, "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION FOR JODY M. GARDNER AND GINA L. CLARK GARDNER WITHIN BLOCK 23 LOT 3 ORIGINAL TOWNSITE OF AFTON WITHIN SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 32, NORTH RANGE 118 WEST, LINCOLN `COUNTY WYOMING" DATED 11 MAY, 2007 AS REVISED AND FILED IN THE OFFICE OF THE CLERK AS INSTRUMENT NO. 903603. with an address of 343 East 5th Avenue, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Federal National Mortgage Association By: Danette Baldacci Castle, Meinhold Stawiarski: Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Sept. 16, 23, 30, Oct. 7, 2010 (10- 14891) 0916A EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING 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 1 tp day of A;[ /_11 s_ 20 ID and the as ublication being on the day of 20 it.) 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 ROSEMARY CAPELLEN NOTARY PUBUC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to befor o this day of STATE OF WYOMING )ss. COUNTY OF LINCOLN Page 6 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 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 $2,043.40 as compensation for services actually rendered in the foreclosure proceeding. 600.00 700.00 65.00 11.00 524.40 50.00 26.00 11.00 11.00 10.00 10.00 25.00 COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Conduct sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update State of Wyoming County of Natrona My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS Total $2,043.40 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 AFFIANT SAYETH NAUGHT. By: Danette Baldacci 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 day of j 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Sign ture of notarial officer) Title (and R k) 0417 Certificate of Sale Kinley 10 -14891 Page 7 of 7