HomeMy WebLinkAbout957135STATE OF WYOMING
COUNTY OF LINCOLN
O B
CERTIFICATE OF SALE
upon his oath, states and certifies as follows:
00v631
SS
of lawful age, being first duly sworn
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 July 14, 2004, executed and delivered by Vernon
E. Carr to First National Bank West and (b) that certain mortgage dated July 14,
2004 (the "Mortgage securing sa.id;,note, which Mortgage was executed and
delivered by said mortgagor(s), to said mortgagee, and was recorded on July 15,
2004, at Reception No. 901101 in Book 562 at Page 129 -141 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:
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LOT 7 OF BLOCK 2 OF THE AMENDED PLAT OF THE TOWN OF
OPAL, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF.
with an address of 521 Solliday Opal, WY 83124
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: July 14, 2004
Assignment recorded: July 20, 200'4;,
Assignment recording information: at Reception No. 901211 in Book 562 at Page
507
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, Wyoming Community
Development Authority "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 Mortgageehas 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 November 18, 2010 issue of
said newspaper and ending with the December 9, 2010 issue thereof; that said
RECEIVED 12/14/2010 at 10:42 AM
RECEIVING 957135
BOOK: 758 PAGE: 631
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Carr 10 -22666
Page 1 of 7
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 December 14, 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
$35,134.34 "Bid Sum which was bid and offered by Wyoming Community
Development Authority "Successfyl=pidder 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 $1,212.80 is to be paid to Castle Stawiarski,
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, togettl with all improvements thereon situate
and all fixtures and appurtenances; at and upon expiration of three (3)
months and thirty (30) days from and after December 14, 2010, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
,I DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of `DeCsiYI lo e r 2010.
Ai id 4 7
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
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Title:
V
Certificate of Sale
Carr 10 -22666
Page 2 of 7
OOc)632
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGMENT
S
006
The foregoing instrument was subscribed in my presence and
acknowledged before me by ''Br kcidC Ywko r
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
noun( 2010.
My Commission Expires:
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Witness my hand and official seal.
C113 6.11 /1/te_ N x s4ao A
Notary Public
SAVANNA L. HAWKES NOTARY PUBLIC
COUNTY OF STATE OF
Y
LINCOLN WYOMING
My Commission Expires _..L. .1.1-1
Certificate of Sale
Carr 10 -22666
Page3of7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000634
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 Stawiarski, LLC,
who are the attorneys representing the Mortgagee in a procedure to foreclose a
certain real estate mortgage dated July 14, 2004 (the "Mortgage and recorded
on July 15, 2004, at Reception No. 901101 in Book 562 at Page 129 -141 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 Vernon E. Carr "Mortgagor(s)
the named mortgagor(s), and First National Bank West is the named
mortgagee, which Mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: July 14, 2004
Assignment recorded: July 20, 2004
Assignment recording information: at Reception No. 901211 in Book 562 at Page
507
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 t Ot e 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: 71969009843000576170
CERTIFIED MAIL NO. FSN: 71969009843000582881
Estate of Vernon E. Carr
521 Solliday
Opal, WY 83124
CERTIFIED MAIL NO. NOI: 71969009843000576194
CERTIFIED MAIL NO. FSN: 71969009843000582898
Wyoming Community
Development Authority
P.O. Box 10100
Casper, WY 82602
CERTIFIED MAIL
CERTIFIED MAIL
Martha Jean Carr
521 Solliday
Opal, WY 83124
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NO. N01: 71969009843000576217
NO. FSN: 71969009843000582904
tItinf
CERTIFIED MAIL NO. NOI: 71969009843000576187
CERTIFIED MAIL NO. FSN: 71969009843000582911
Estate of Vernon E. Carr
PO Box 131
Opal, WY 83124
CERTIFIED MAIL NO. NOI: 71969009843000576200
CERTIFIED MAIL NO. FSN: 71969009843000582928
Occupant
521 Solliday
Opal, WY 83124
CERTIFIED MAIL NO. NOI: 71969009843000576224
CERTIFIED MAIL NO. FSN: 71969009843000582935
Martha Jean Carr
PO'Box 131
Opal, WY 83124
Certificate of Sale
Carr 10 -22666
Page 4of7
Pcrc
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 2, 2010 and the date of the first publication of the
notice of foreclosure sale was November 18, 2010.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
KODEE PEARSON
STATE OF WYOMING
COUNTY OF NATRONA
Commission iresApr.14,2014
My commission expires:
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Danette Idacci
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
This instrument was acknowledged before me on
day ofc 2010 by Danette Baldacci as attorney of Castle
Stawiarski, LLC.
(Signature of notarial officer)
Title (and Rank
Certificate of Sale
Carr 10 -22666
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazelle
Kemmerer, Wyoming
EXHIBIT B
PUBLISHER'S AFFIDAVIT
I Mana
nature
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 consecutive issues /weeks;
the first publication being on the 1 9
day of '1 �b1)QWl 6.0) 20 tQ
and the la t publication being on the C
day of 010411(0 0))J 20 (Q
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Mark Tesoro, General Manager
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln YYyamhig
Commission Expires May 5, 2012
Subscribed in my presence and sworn to
bef•re me on this C l day of
y Mark soro, Gen
Notary
00063E
Kemmerer, Wyoming
STATE OF WYOMING
)ss.
County of Lincoln
Carr 10 -22666
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
day of
Stawiarski, LLC.
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NOTARY PUBLIC
KODEE PEARSON
STATE OF WYOMING
COUNTY OF NATRONA
Nly CommissionEttp Apr. 14 2014
l Arizz r. +a :B ,.:7sxar
My commission expires:
r.
EXHIBIT C
AFFIDAVIT OF ATTORNEY
?err'
SS
000637
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 Stawiarski,
LLC who are the attorneys representing the Mortgagee in a procedure to
foreclose a certain real estate mortgage.
2. That Castle Stawiarski, LLC, as attorneys for the Mortgagee,
will charge the Mortgagee fees totaling $1,212.80 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Statutory Notice Fee 78.00
Publication Cost 427.80
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Sheriff's Deed 11.00
Sheriff's Sale Fees 10.00
Sheriffs Deed Fees 10.00
Total $1,212.80
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 Stawiarski, 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 S' :TH NAUG T.
By: -nette Bad -fg
Cast e Stawiarski, 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
(Signature of notarial officer)
Title (and Ran
Certificate of Sale
Carr 10 -22666
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