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HomeMy WebLinkAbout9564866011019054 STATE OF WYOMING COUNTY OF LINCOLN follows: CERTIFICATE OF SALE :ss RECEIVED 11/2/2010 at 10:45 AM RECEIVING 956486 BOOK: 756 PAGE: 557 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY eo(Pss7 I, Shane Johnson being of lawful age, being first duly sworn, state and certify as 1. I am the duly elected and acting Sheriff in and for LINCOLN County, State of Wyoming, and make this Certificate of Sale in such capacity. 2. That a default has occurred under the terms of that certain Mortgage dated June 12, 2000, the "Mortgage securing said note, which Mortgage was given by Page A. Cranford and Arlene Cranford, mortgagor(s), to said mortgagee, and was recorded June 13, 2000, as Instrument No. 866364, in Book 447, at Page 097, 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 property described below, as follows, to -wit: LOT 9, BUCKSKIN CROSSING SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED AUGUST 15, 1996 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 375. with an address of: 28 Pinto Lane, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. All in the records of the County Clerk and ex- officio Registrar 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, Green Tree Servicing, LLC as Servicing Agent for Conseco Finance Servicing Corporation "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 Wyoming Kemmerer Gazette, a newspaper published and having general circulation in LINCOLN County, State of Wyoming, once a week for four 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 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 statues 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. 3 2 eO558 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On November 2, 2010 at 10:00 a.m. in the forenoon, at the front door of 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 bides on said real property; and that the highest and best sum bid for said real property was the sum of 169,092.23, "Bid Sum which was bid and offered by Green Tree Servicing, LLC as Servicing Agent for Conseco Finance Servicing Corporation "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 $2,046.15 is to be paid to THE LAW OFFICES OF JAMES H. WOODALL, PLLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by statues 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 November 2, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. Wyoming. DATED this 2 day of November 2010 in LINCOLN County, State of Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Bart Julander Title: Deputy Sheriff STATE OF WYOMING COUNTY OF LINCOLN Witness my hand and official seal ACKNOWLEDGEMENT :SS OO559 The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 2nd day of November 2010. Jenny Clarke Notary Public Notary a y Count of State of r Lincoln Wyoming My Commission Expire 1 2 11 STATE OF UTAH :ss COUNTY OF SALT LAKE and says: EXHIBIT "A" AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 006560 James H. Woodall of lawful age, being first duly sworn upon his oath deposes 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of LAW OFFICES OF JAMES H. WOODALL, PLLC, who is the attorney representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 12, 2000 (the "Mortgage and recorded on June 13, 2000, as Instrument No. 866364, in Book 447, at Page 097, in the records of the office of the County Clerk and ex- officio Registrar of Deeds in and for LINCOLN County, State of Wyoming, wherein Page A. Cranford and Arlene Cranford "Mortgagors the named mortgage(s), and Green Tree Servicing, LLC as Servicing Agent for Conseco Finance Servicing Corporation is the named mortgagee. All in the records of the County Clerk and ex- officio Registrar 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 statues, before the notice was published as follows: (please see attached sheet) 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 27, 2010 and the date of the first publication of the notice of the foreclosure sale was September 23, 2010. DATED this day of October 2010. STATE OF UTAH :ss COUNTY OF SALT LAKE This instrument was acknowledged before me on this 81 day of October 2010 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. oodall CES OF JAMES H. WOODALL, PLLC r Front Parkway, Suite 290 dan, Utah 84095 (801) 254 -9450 Notary Public 1 CINDY HANSEN 1 Commission 1509115 3 N1y Come fission June 1,'1011 State of Utah OOC 5 31 N U) ru u1 Er 111 D CI IT' ru N Er Er -0 (Domestic Mail Only; No insurance Coverage Provided) For delivery information visi Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (End c Page A. Cranford 28 Pinto Lane Etna, Wyoming 83118 Tot. Sent Stree or PC City, Postage PS Form 3800. August 2006 Reverse for Igstructions U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No .Insurance Coverage Provided) For delivery information _visit our website at wwvv.usps.come OFFICIAL USE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endr----• Arlene Cranford 1-6 PO Box 1008 Seni Thayne, Wyoming 83 127 Sire or P City, PS Form 3800, August 2006 See Reverse for Instruciiona U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total F Internal Revenue Service Sent To Attn: Technical Services Group Manager 1999 Broadway gfi 7 MS 502IDEN or PO't Denver, Colorado 80202-2490 City, Si Postmark Here PS Form 3800. August 2006 See ee ructio m co m ru IT" a IU CI ru 1= D N 1-1 PS 3800. August 2006 See Rev for Instruction CI m ru I41 Er 0 .11 D D O w D r-R D N f•- tri 111 Lfl El 17.11 (Domestic Mail Only; No Insurance Coverage Provided) nfOrrnation visit our website at www.usps.com PS Forrn 3800. August 2006 See Reverse for Instructio U.S. Postai Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) •For delivery information visit our website at www.usps.com OFF c A USE Sent To Street,. or PO City, St Se Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endors- Page A. Cranford Tota The Estate of Sent 7 PO Box 1008 Thayne, Wyoming 83127 Street or PO City, s gtreet, N or P01 City, Si Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total I Arlene Cranford 28 Pinto Lane Etna, Wyoming 83118 Postage Certified Fee ru (Endorse thent Required) Retum Receipt Fee Restricted Delivery Fee. (Enclorsemoenct Reeuqupiraed)nt 28 Pinto Lane 11.1 Total I Etna, Wyom ing 83118 000562 Postmark Here Postmark Here PS Form 3800, August 2006: f See Reverse for Instructio U.S. Postal CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corn:D OFFICIAL USE Postmark Here KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF FORECLOSURE SALE To: PAGE A. CRANFORD AND ARLENE CRANFORD NOTICE IS HEREBY GIVEN pursuant to WYO. STAT. 34 -4 101, through 34 -4- 113, that a certain Mortgage dated June 12, 2000, which was executed and delivered by PAGE A. CRANFORD. AND ARLENE CRANFORD, Mortgagors, to CONSECO FINANCE SER- VICING CORPORATION, Mortgagee, will be foreclosed by a sale to the highest bidder at a public auction of the premises described pursuant to a power of sale contained in the Mortgage. If you wish to contest said sale, then you must challenge said sale by filing a lawsuit in a court of competent jurisdiction. The Mortgage was filed for record on June 13, 2000, as Instrument No. 866364, in Book 447, at Page 097, in the office of the Recorder of Deeds, LINCOLN County, State of Wyoming. The premises that are described in the Mortgage are as follows: LOT 9, BUCKSKIN CROSSING SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT FLAT FILED AU- GUST 15,1996 IN TIC OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 375. More commonly known-as: 28 Pinto Lane Etna, WY 83118 The above sale will be conducted by the Sheriff or the Sheriffs deputy at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming at 10:00 a.m. on October 19, 2010. In the event that a representative from Alliance Title Escrow is not present at the sale, the sale will be postponed until a later date PAGE A CRANFORD AND ARLENE CRANFORD defaulted on the terms of the Note and Mortgage, and as of August 6, 2010, the under signed claims an outstanding balance of $166,847.17. Interest continues to accrue on the unpaid balance. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. DATED: September 17, 2010 GREEN TREE SERVICING, LLC AS SERVICING AGENT FOR CONSECO FINANCE SERVICING CORPORATION By: JAMES H. WOODALL ATTORNEY FOR MORTGAGEE LAW OFFICES OF JAMES H. WOODALL, PLLC 10653 RIVER FRONT PARKWAY, SUITE. 290 SOUTH JORDAN, UTAH 84095 801 -254 -9450 0923A PUBLISH: Sept. 23, 30, Oct. 7, 14, 2010 Notary Signer re KEMMERER, WYOMING Michael Jensen, PJsher 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 publication being on the r day of ;1i I 20 (0 and the last ublication being on the da of ft 61h) 20_1a; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of Uncoil* State of Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before a ontthis 14 day of Il o A.D OO)5t3 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEME FORECLOSURE SAL To: PAGE A. CRANFOR.D,AN t NOTICE IS HEREBY GWENpursuantito WYO STA 34-4 -101 through 34-4-113, that a ceitaln M gage dates Ju to 1Z; 2000, which was executed and delivered by PAGE A. CRANFORD AN'L) ARLENE CRANFORD, Mortgagors, to,CONSECO SERVICING COR- PORATION, Mortgagee, will be foreclosed by :a-sale to the highest bid- der at a public auction of the premises described, pursuant. to a power of sale contained in the Mortgage. If you wish to contest said sale, then you must challenge said sale by filing a lawsuit in court of eompetent juris- diction. The Mortgage was filed for record on June 13 „2000, as Instrument No. 866364, in Book 447, at Page 097, in the office of the Recorder of Deeds, LINCOLN County, State of Wyoming. The premises that are described in the Mortgage are as;follows: LOT 9, BUCKSKIN CROSSING SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED AUGUST 15,1996 IN THE O1 OF THE LINCOLN COUNTY CLERK AS PLAT NO. 375. More commonly known as: 28 Pinto Lane Etna, WY 83 118 The above postponement of sale will be published in the Kemmerer Gazette on Thursday, October 28, 2010 and will be conducted by the Sheriff or the Sheriff's deputy at the front door of. the LINCOLN County Courthouse located at 925 Sage Avenue, Kemmerer Wyoming at 10:00 a.m. on November 2, 2010. In the event that a representative from Alliance Title Escrow is not present at the sale, the sale will be postponed until a later date. PAGE A. CRANFORD AND ARLENE CRANFORD default d on the terms of the Note and Mortgage, and as of August 6, 2010, the to der- signed claims an outstanding balance of $166,847.17. Interest continues, to accrue on the unpaid balance. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. DATED: October 25 2010 GREEN TREE SERVICING, LLC AS SERVICING AGENT FOR CONSECO FINANCE SERVICING CORPORATION BY: /S/ JAMES H. WOODALL ATTORNEY FOR MORTGAGEE LAW OFFICES OF JAMES H. WOODALL, PLLC 10653 RIVER FRONT PARKWAY, SUITE 290 SOUTH JORDAN, UTAH 84095 (801) 254-9450 1028K PUBLISH: Oct 28, 2010 Cy 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 1 consecutive issues /weeks; the first pub tion being on the 2)3 day of `4sZ` tLV) ,20 (0 and the last ication being on the 7A day of 4 eik1-r-'l) ,20 10; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of a State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to befo by Mich illon this _Z2,day of i VS' II O' I Jensen, Pub i Notary Si. a ure her. 20 0 w564 STATE OF UTAH COUNTY OF SALT LAKE EXHIBIT "C" AFFIDAVIT OF ATTORNEY :ss James H. Woodall, of lawful age, being first duly sworn upon his oath, deposes and says: 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of the LAW OFFICES OF JAMES H. WOODALL, PLLC and is the attorney representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That James H. Woodall, as attorney for the Mortgagee, will charge the mortgagee fees totaling $2,046.15 as compensation for services actually rendered in the foreclosure proceeding. STATE OF UTAH COUNTY OF SALT LAKE Attorney Fees 775.00 Title Commitment 677.00 Mailings 55.40 Publication Costs 396.65 Fee to title company to conduct sale 50.00 Recording costs 32.00 Sheriffs fee 10.00 Title report update 50.00 TOTAL 2,046.15 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by James H. Woodall. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person who is 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. DATED this :ss r r"' `r Notary Public 1 CIN1s 1 1/y C00101101100 002(111 June 1,2011 St10t. at uteri j day of October 2010. This instrument was acknowledged before me on this pl 9 day of October 2010 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. oodall CES OF JAMES H. WOODALL, PLLC r Front Parkway, Suite 290 an, Utah 84095 4 -9450