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HomeMy WebLinkAbout9560616011019337 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 November 3, 2005, executed and delivered by Gordon Bell and Donna Bell to The Bank of Star Valley and (b) that certain mortgage dated November 3, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 9, 2005, at Reception No. 913579 in Book 604 at Page 295 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 107 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 525 Butte Drive Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 000592 Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information: at Reception No. 955265 in Book 753 at Page 27 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. "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 23, 2010 issue of said newspaper and ending with the October 14, 2010 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as RECEIVED 10/19/2010 at 10:52 AM RECEIVING 956061 BOOK: 755 PAGE: 592 JEANNE_._ —NER 1 INCOLN COUNTY CLERK. KEMMERER. WY Certificate of Sale Bell 10 -1 5875 Page 1 of 7 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 19, 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 $131,370.50 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,108.60 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 19, 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 19th day of October 2010. COSPkg Title: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Deputy Sheriff Certificate of Sale Bell 10 -15875 Page 2 of 7 000593 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 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 19th day of October 2010. Witness my hand and official seal. Notary Public SAVANNA L. IiA'Vvh;i_:> NOTARY PUBLIC COUNTY OF LINCOLN STATE OP I YOPi O My Commission Expires /.7 000594 (h) Certificate of Sale Bell 10 -15875 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 November 3, 2005 (the "Mortgage and recorded on November 9, 2005, at Reception No. 913579 in Book 604 at Page 295 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 Gordon Bell and Donna Bell "Mortgagor(s) the named mortgagor(s), and The Bank of Star Valley is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information: at Reception No. 955265 in Book 753 at Page 27 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: 71969009843000530837 CERTIFIED MAIL NO. FSN: 71969009843000539755 Gordon Bell 525 Butte Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000530851 CERTIFIED MAIL NO. FSN: 71969009843000539779 Donna Bell 525 Butte Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71969009843000530875 CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71969009843000539793 Wells Fargo Bank, N.A. Occupant 3476 Stateview Blvd 525 Butte Drive Fort Mill, SC 29715 Thayne, WY 83127 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71969009843000530844 CERTIFIED MAIL NO. FSN: 71969009843000539762 Gordon Bell PO Box 333 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000530868 CERTIFIED MAIL NO. FSN: 71969009843000539786 Donna Bell PO Box 333 Thayne, WY 83127 000595 Certificate of Sale Bell 10 -15875 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000530882 CERTIFIED MAIL NO. FSN: 71969009843000539809 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35 P.O. Box 10232 Simi Valley, CA 93065 -6298 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 7, 2010 and the date of the first publication of the notice of foreclosure sale was September 23, 2010. State of Wyoming County of Natrona Thip instrument was acknowledged before me on day of 6,9,t, 2010 by Danette Baldacci as attorney of Castle, Mein old and Stawiarski Legal Services, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. 4 My commission expires: A p-, /9 zoiy B anette Bald.a'cci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) c_.)0( Title (and Rank) 000596 Certificate of Sale Bell 10 -15875 Page 5of7 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 Novem- ber 3, 2005, executed and delivered by Gordon Bell and Donna Bell "Mortgagor(s) to The Bank of Star Valley, 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 November 9, 2005, at Reception No. 913579 in Book 604 at Page 295 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: Academy Mortgage Corporation Assignment dated: November 10, 2005 Assignment recorded: November 14, 2005 Assignment recording information: Reception No. 913656 in Book 604 at Page 589 Assignee: Academy Mortgage Corporation dba Megabanc Assignment dated: October 3, 2006 Assignment recorded: October 16, 2006 Assignment recording information: Reception No. 923401 in Book 637 at Page 138 Assignee: Wells Fargo Bank, N.A. Assignment dated: October 3, 2006 Assignment recorded: October 16, 2006 Assignment recording information: Reception No. 923402 in. Book 637 at Page 139 Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: October 30, 2008 Assignment recorded: December 8, 2008 Assignment recording information: Reception No. 944044 in Book 710 at Page 683 Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information:Reception No. 955265 in Book 753 at Page 27 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 $128,417.54 which sum consists of the unpaid principal bal- ance of $125,323.95 plus interest accrued to the date of the first publica- tion of this notice in the amount of $2,95359, 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 Wells Fargo Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mort- gaged property to be sold at public venue by the Sheriff or Deputy Sher- iff in and for Lincoln County, Wyoming to the highest bidder for cash at 10 :00 o'clock in the forenoon on October 19, 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: LOT 107 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 525 Butte Drive, Thayne, WY 83127. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Wells Fargo Bank, N.A. By: Danette Baldacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Sept. 23, 30, Oct. 7, 14, 2010 (10- 15875) 0923H EXHIBIT B PUBLISHER'S AFFIDAVIT 000597 Kemmerer Wyoming STATE OF WYOMING ss. County of Lincoln I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for 24 insertions, the first publication having been made on the ___23 day of A.D., 20 tC) and the last publication on the 1 day of 041.6 Y�. h A.D., 20 1O that said notice was published in a regular and entire issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, and not in a supplement. Michael Jensen, Publisher Subscribed in my presence and sworn to befo m� on this I9- day of bac 4 ,l A.D., 20 Certificate of Sale Bell 10 -15875 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expirgs: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 04u598 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 $2,108.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 700.00 Title Commitment 600.00 Statutory Notice Fee 78.00 Publication Costs 579.60 record AOM 8.00 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Assign of Cert of Sale 11.00 Record Sheriffs Sale 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 FTP Update 25.00 Total $2,108.60 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 ANT .'YETH NAUGHT. y: i►anette Ba d 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 Jl 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Sign ture of notari fficer) U r -j.,rt (..)J2( Title (and Rar7K) Certificate of Sale Bell 10-15875 Page7of7