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HomeMy WebLinkAbout9571366011019515 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000638 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 1, 2007, executed and delivered by David Devon. Allred and Tawna Allred aka Tawna Draney Allred to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. and (b) that certain mortgage dated November 1, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 7, 2007, at Reception No. 934693 in Book 678 at Page 81 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: LOT 5 OF STAR VALLEY RANCH PLAT 16, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 27, 1978 AS INSTRUMENT NO. 544467 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 290 Cedar Creek Drive Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, JL Assignment dated: October 18, 2010 Assignment recorded: November 1, 2010 Assignment recording information: at Reception No. 956449 in Book 756 at Page 433 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, Ocwen Loan Servicing, 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 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. 11, �1= RECEIVED 12/14/2010 at 10:46 AM RECEIVING 957136 BOOK: 758 PAGE: 638 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Allred 10 -20792 Page 1 of 7 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 November 18, 2010 issue of said newspaper and ending with the December 9, 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 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 $239,000.00 "Bid Sum which was bid and offered by Ocwen Loan Servicing, 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 $2,219.40 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, 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 December 14, 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 14th day of Dbcember 2010. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Bart Julander Title: Deputy Sheriff 000639 Certificate of Sale Allred 10 -20792 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 00u640 ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 14th day of December 2010. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF 41.. STATE OF W LINCOLN ai4 YtiMINo E QJm_ission Expires ti Notary Public Certificate of Sale Allred 10 -20792 Page 3 of 7 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 Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated November 1, 2007 (the "Mortgage and recorded on November 7, 2007, at Reception No. 934693 in Book 678 at Page 81 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 David Devon Allred and Tawna Allred aka Tawna Draney Allred "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: October 18, 2010 Assignment recorded: November 1, 2010 Assignment recording information: at Reception No. 956449 in Book 756 at Page 433 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: 71969009843000576842 CERTIFIED MAIL NO. FSN: 71969009843000582829 David Devon Allred 290 Cedar Creek Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000576866 CERTIFIED MAIL NO. FSN: 71969009843000582836 Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 CERTIFIED MAIL NO. NOI: 71969009843000576880 CERTIFIED MAIL NO. FSN: 71969009843000582843 David Devon Allred P.O. Box 1522 Thayne, WY 83127 COSPkg EXHIBIT A l�F SS 00u641 CERTIFIED MAIL NO. NOI: 71969009843000576859 CERTIFIED MAIL NO. FSN: 71969009843000582850 Tawna Allred aka Tawna Draney Allred 290 Cedar Creek Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000576873 CERTIFIED MAIL NO. FSN: 71969009843000582867 Occupant 290 Cedar Creek Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000576897 CERTIFIED MAIL NO. FSN: 71969009843000582874 Tawna Allred aka Tawna Draney Allred P.O. Box 1522 Thayne, WY 83127 Certificate of Sale Allred 10 -20792 Page 4of7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 3, 2010 and the date of the first publication of the notice of foreclosure sale was November 18, 2010. State of Wyoming County of Natrona day of Stawiarski, LLC. FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 My commission expires: COSPkg anette Ba Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 his instrument was acknowledged before me on c. 2010 by Danette Baldacci as attorney of Castle (Signature of notari officer) e f J� Title (and Ra 000642 Certificate of Sale Allred 10 -20792 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Vv oming iipal" and intere'st' =liar. tic ote (the',` Note dated Novem- acid +Devon,A11redand` Tawna gor(s)") to Mortgage gicctronic ape' by ed a e81 ister;' EXHIBIT B PUBLISHER'S AFFIDAVIT 030643 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 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 -1 consecutive issues /weeks; the first publication being 9s (t nng on the 1 day of L- (t�9 tLQJ) 2 and the last publication being on the g day of Q 4! Zvi lJ' 20 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 Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this g day of 0 -eP A.D. i Notary Si Allred 10 -20792 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona KODEE PE ARSON STATE OF WYOMING COUNTY OF NATRONA N1/Commission Expires App•. 2 4, 2014 My commission expires: COSPkg NOTARY PUBLIC EXHIBIT C AFFIDAVIT OF ATTORNEY 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 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 $2,219.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 700.00 Title Commitment 835.00 Statutory Notice Fee 78.00 Record AOM 8.00 Publication Cost 455.40 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 $2,219.40 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 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 attocpey admitted to practice in the State of Wyoming and residing therein. FURTHER AFIAN' Y'TH .N G tkr (Signature pf notarial o M r Tite& (and Rank By. 1 -tte Baldacci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on _A_day of 2010 by Danette Baldacci as attorney of Castle Stawiarski, LLC. icer) 000644 Certificate of Sale Allred 10 -20792 Page 7 of 7