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HomeMy WebLinkAbout9559436011019601 CERTIFICATE OF SALE 218 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 March 13, 2007, executed and delivered by Robert P. Cahala and Elizabeth J. Cahala to Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage and (b) that certain mortgage dated March 13, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 19, 2007, at Reception No. 927701 in Book 651 at Page 642 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 PART OF LOT TWO (2) OF BLOCK FOUR (4) OF THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT 110 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID LOT TWO (2) AND RUNNING THENCE SOUTHERLY, ALONG THE WEST LINE OF SAID LOT TWO (2), 121 FEET; THENCE EASTERLY, PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2); 200 FEET; THENCE NORTHERLY, PARALLEL TO THE WEST LINE OF SAID LOT TWO (2) 121 FEET; THENCE WESTERLY, PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2) 200 FEET TO THE POINT OF BEGINNING. with an address of 135 Adam Street Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Nationstar Mortgage, LLC Assignment dated: August 12, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955110 in Book 752 at Page 558 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, Nationstar Mortgage, LLC "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 RECEIVED 10/12/2010 at 12:58 PM RECEIVING 955943 BOOK: 755 PAGE: 218 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cahala 10 -10303 Page 1 of 7 COSPkg 219 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 $180,948.43 "Bid Sum which was bid and offered by Nationstar Mortgage, LLC "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 $2,014.80 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. Certificate of Sale Cahala 10 -10303 Page 2 of 7 ''220 DATED at Kemmerer, Lincoln County, State of Wyoming, this 12th day of October 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. FIAWI NOTARY PUBLIC COUNTY OF LINCOLN By: ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming 1/ Print Name: Iv,; Cad. 11 Title: Deputk Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by M,LaT\ Deputy Sheriff of Lincoln County, State of V oming, this 12th day of October 2010. Witness my hand and official seal. Notary Public STATE OF WYOMING r. 1� My Commission Expires 4 Certificate of Sale Cahala 10 -10303 Page 3of7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 March 13, 2007 (the "Mortgage and recorded on March 19, 2007, at Reception No. 927701 in Book 651 at Page 642 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 Robert P. Cahala and Elizabeth J. Cahala "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage, LLC Assignment dated: August 12, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955110 in Book 752 at Page 558 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: 71969009843000524973 CERTIFIED MAIL NO. FSN: 71969009843000534262 Robert P. Cahala 135 Adam Street Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000524997 CERTIFIED MAIL NO. FSN: 71969009843000534286 Elizabeth J. Cahala 135 Adam Street Afton, WY 83110 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. N01: 71969009843000524980 CERTIFIED MAIL NO. FSN: 71969009843000534279 Robert P. Cabala PO Box 1678 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000525000 CERTIFIED MAIL NO. FSN: 71969009843000534293 Elizabeth J. Cahala PO Box 1678 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000525017 CERTIFIED MAIL NO. NOI: 71969009843000525024 CERTIFIED MAIL NO. FSN: 71969009843000534309 CERTIFIED MAIL NO. FSN: 71969009843000534316 Nationstar Mortgage, LLC Occupant 350 Highland Dr. 135 Adam Street Lewisville, TX 75067 Afton, WY 83110 Certificate of Sale Cahala 10 -10303 Page 4 of 7 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 FURTHER AFFIANT SAYETH NAUGHT. B I anette dacci 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 7 day of 11 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) Title (and R nk) My commission expires: 177-er COSPkg Certificate of Sale Cahala 10 -10303 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 March 13, 2007, executed and delivered by Robert P. Cahala and Elizabeth J. Cahala "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage, 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 March 19, 2007, at Reception No. 927701 in Book 651 at Page 642 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: Nationstar Mortgage, LLC Assignment dated; August 12, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955110 in Book 752 at Page 558 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 $174,861.19 which sum consists of the unpaid principal bal- ance of $160,143.11 plus interest accrued to the date of the first publica- tion of this notice in the amount of $14,718.08, 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 Nationstar Mortgage, LLC, 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 de- scribed as follows, to -wit: PART OF LOT TWO (2) OF BLOCK FOUR (4) OF THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING,' MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT 110 FEET SOUTHERLY FROM THE NORTHWEST CORNER OF SAID LOT TWO (2) AND RUNNING THENCE SOUTHERLY, ALONG THE WEST LINE OF SAID LOT TWO (2), 121 FEET; THENCE EASTERLY, PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2); 200 FEET; THENCE NORTH- ERLY, PARALLEL TO THE WEST LINE` OF SAID LOT TWO (2) 121 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2) 200 FEET TO THE POINT OF BEGINNING. with an address of 135 Adam Street, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Nationstar Mortgage, LLC By: Danette Baldacci 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- 103030) 0916B Castle EXHIBIT B PUBLISHER'S AFFIDAVIT day of day of b Michael 3 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; the first publ cation being on the I1 20 to and the las lication being on the 7.) 20in3 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 en, Publisher Subscribed in my presence and sworn to befor on this day of L, c71 I[IIG! I V I VJVJ Page 6 of 7 ,223 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona 7 day of My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY Zb i SS (Si nature of not r al officer) 1 /"ok bI Title (and Ronk) $2,014.80 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 $2,014.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 689.00 Statutory Notice Fee 78.00 record AOM 8.00 Publication Cost 496.80 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 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 AF IANT ETH NAUGHT. By: nette Bal• ci 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 2010 by Danette Baldacci as attorney of Castle, Meinhold and StaJdiarski Legal Services, LLC. Certificate of Sale Cahala 10 -10303 Page 7 of 7 24