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HomeMy WebLinkAbout9576536011019575 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 February 14, 1997, executed and delivered by Weldon Vern Perry and Wanda Joyce Perry to Major Mortgage and (b) that certain mortgage dated February 14, 1997 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 21, 1997, at Reception No. 833559 in Book 394 at Page 72 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: PART OF SECTION 16, TOWNSHIP 32 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NW1 /4SE1/4 OF SAID SECTION 16 AND RUNNING THENCE WEST 506 FEET; THENCE NORTH 528 FEET, MORE OR LESS, TO THE SOUTH EDGE OF AN EXISTING LANE AS DESCRIBED IN RIGHT OF WAY EASEMENT RECORDED OCTOBER 9, 1981 IN BOOK 181PR ON PAGE 487 OF THE OFFICIAL RECORDS OF LINCOLN COUNTY CLERK; THENCE EAST 506 FEET, MORE OR LESS TO THE WEST BOUNDARY OF THE RIGHT OF WAY OF THE AFTON- AUBURN ROAD AND EXISTING FENCE LINE; THENCE SOUTH 528 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED LAND: COMMENCING AT A POINT WHICH IS 2 RODS SOUTH FROM THE CENTER OF SECTION 16, TOWNSHIP 32 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, AND RUNNING THENCE SOUTH 50 RODS; THENCE EAST 80 RODS; THENCE NORTH 50 RODS; THENCE WEST 80 RODS TO THE POINT OF BEGINNING. ALSO, LESS AND EXCEPT THE LAND CONTAINED IN QUITCLAIM DEED RECORDED APRIL 30, 2002 IN BOOK 488PR ON PAGE 427 OF THE RECORDS OF THE LINCOLN COUNTY CLERK COSPkg with an address of 6618 Highway 238, Auburn, WY 83111 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: C00776 776 Assignee: Principal Residential Mortgage, Inc. Assignment dated: February 14, 1997 Assignment recorded: March 3, 1997 Assignment recording information: at Reception No. 833985 in Book 394 at Page 373 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. RECEIVED 1/18/2011 at 8:07 AM RECEIVING 957653 BOOK: 760 PAGE: 776 JEANNE WAGNER LINCOLN COUNT RK, KEMMERER, WY Certificate of Sale Perry 09- 00518R Page 1 of 7 000777 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, CitiMortgage, Inc., Successor by Merger to Principal Residential Mortgage, Inc. "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 December 23, 2010 issue of said newspaper and ending with the January 13, 2011 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 January 18, 2011 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 $100,910.26 "Bid Sum which was bid and offered by CitiMortgage, Inc., Successor by Merger to Principal Residential Mortgage, Inc. "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 $4,562.13 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 January 18, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Perry 09- 00518R Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 18th day of January 2011. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 18th day of January 2011. My Commission Expires: COSPkg By: ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. HAWKFS NO1 HU ®U: COUNTY OF g iis, STAf( F LINCOLN I 41 `M M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ■41 1441tVi Print Name: t i ff Boyd Title: Deputy Sheriff aircuvvvvt Notary Public Certificate of Sale Perry 09- 00518R Page 3 of 7 COO77 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 February 14, 1997 (the "Mortgage and recorded on February 21, 1997, at Reception No. 833559 in Book 394 at Page 72 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 Weldon Vern Perry and Wanda Joyce Perry "Mortgagor(s) the named mortgagor(s), and Major Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Principal Residential Mortgage, Inc. Assignment dated: February 14, 1997 Assignment recorded: March 3, 1997 Assignment recording information: at Reception No. 833985 in Book 394 at Page 373 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: 71969009843000598073 CERTIFIED MAIL NO. FSN: 71969009843000603029 Weldon Vern Perry 6618 Highway 238 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000598097 CERTIFIED MAIL NO. FSN: 71969009843000603036 Wanda Joyce Perry P.O. Box 83 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000598110 CERTIFIED MAIL NO. FSN: 70101060000021394923 CitiMortgage, Inc., Successor by Merger to Principal Residential Mortgage, Inc. 1000 Technology Drive, MS322 0 Fallon, MO 63368 -2240 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000598080 CERTIFIED MAIL NO. FSN: 71969009843000603043 Wanda Joyce Perry 6618 Highway 238 Auburn, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000598103 CERTIFIED MAIL NO. FSN: 71969009843000603050 Weldon Vern Perry P.O. Box 83 Afton, WY 83111 CERTIFIED MAIL NO. NOI: 71969009843000598127 CERTIFIED MAIL NO. FSN: 71969009843000603067 Occupant 6618 Highway 238 Auburn, WY 83111 003"7'7► Certificate of Sale Perry 09- 00518R Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 8, 2010 and the date of the first publication of the notice of foreclosure sale was December 23, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day ofar� 2010 by Danette Baldacci as attorney of Castle Sta iarski, LLC. NOTARY PUBLIC KODEE PEARSO STATE OF WYOMING COUNT`( OF NATRONA Cornirsslon Expires Apt 14, 2014 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. r. (y 2O c if l �ranette B -t ccl Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 TitleF(and Rank Certificate of Sale Perry 09- 00518R Page 5 of 7 C.007c 0 KEMMERER GAZETTE R T: Pi Pe (th e, wale whiefi 833559 Clerk and ex of Wyoming WEE] Assignee Assig Assi ASst 394 at Allin` in and W/1 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ip?a1 "az►di er oc dated:F'e bruary V Vern Perry; and' Wari J oyce to Major Mortgage, and "a real 'estate mortgage re same date securing'the Note, wh ch Mortgage Y�ered•by said Ivloitgagor(s), to said Mortg and recorded on February 1.997 at Reception No. at P ge.'72 ins the records of;the� office °nof the oiitity o Register of Deeds iii and for .Lincoln County, State Fwm 4 �k�9 v t gage w w as assigned °for value as follows: esident r al Mortgage; Inc.,; te d Febru ecorded March 3x1997 ecordingainforrtration iatl e County' Clerl and ex power, of sale'wluchby reason of said default' thew. are into have become •and no_ suit oar pre eding has been i�istitutgd ,at la to rut over the debt secured by the Mo or' any part thereof,,nor has any =such'suit or proceeding b institut d:the same d; and WHE E S wr -then notice o€ intent to; foreclose the, MYtortgage by d rti nt =arid sale has be on�serveettpon,,ttie record %owner and the ortgage +co s !loirtgagee,dec. a ve seine party in possessiot4i emortgagedrypr ses at least,ten,(10) to the an d th dal the Mortgage on,the, date Qf first�pubbcatiofl o fl thls notice o f s ale' being the total sum? of $0.8",268.0 ilm»s consistsof °bal ance of $76,144.74 plus interest =aecrued to 1/i6-date of the r, stpublica tion of this notice in the amount of $22,123 311,,plus fees, costs expended, and accri. interest and late charges after the date,. of first publication Of this notice of sale, Y WHEREAS,, e. props} r rbeiig;for e c lgs e d u may be subject to other liens cl e kcum mnt w notlbetextinguished, a tthe sale. Any';prospagl Yep pi ep�SltAubda c e 9is�'s of title before sub mittgtabid, i��, A" k a ]`TOW, itiMortgage Inc Successorby Merger to Prin- cipalR.esidentiall Mortgage, Inc., as the Mortgagee will have the Mort- gage foreclosed bylaw provided byt,causingthemortgagedproperty to be sold at publicg'venue,b the Sheriff Depu Sheriff, in and fox Lii coin ;Count W }tll ng to the irghest -b d er for,icash at 10 :00 o' clock. in the forenoon` on January 18, 201'1 alt the fr ont theLincoln County Courthouse.i Sage4ventle ti Kemmerer, WY, Lincoln County, for applica oa� t he above -de ed untsk s ecured '�by tlie, Mort- gage said rt gag ed 4 p r r9 Pe."Y'be ing dles�bed,as OR ws, to wit:, PART OF„,,, ,ION 16,; TOWNSHIP 32,x T,. ANGE.ti119 WEST'�O wT rs a r, wL 6 QUNTY, WYOMING; MORE F ENW1 /4SE1/ (E WEST 506 FEET; S, TO THE SOUTH SCR IBED.IN RIGHT OF WAY ^$l IN BOOK.181�PR ON )F LINCO COUNTY )R LESS THE WEST E AFtON -AtB RN E "SOUTTH 528 an 3985 in Book cio Register ofDeeds EXHIBIT B PUBLISHER'S AFFIDAVIT 4 O 6,AID THEN,C,E I ED,CME EAS EME PAGE F4 7 BBO I, AP ROAD ��vra �r-e, ivYYd Witty an a aar Together wit purtenaflces't t a SCRIB D LAND: Ia w a OM mar32 ,E119 O G AND THE EAST' S0 RODS; „WEST 8(i RODS TQ THE Resident gage, Inc., ichitach arski, LLC' te. 202 9 0000. 3!"5,87 223A l4l I, Mike Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 2,A, day of t 2X .?:W\i1 20 t 0 and the last publication being on the l'3 day of 1 C l n&1 20i L; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J Publisher R OSEMARY CAPEL� EN NOTARY PUBLIC County 01 State of Lincoln Wyoming My Commission Expires May 5, 2012 Jensen, Pubis Notary Si Subscribed in my presence and sworn to before me on this 0 day of Jo WWI i A O 1 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln Certificate of Sale Perry 09- 00518R Page6of7 STATE OF WYOMING SS COUNTY OF NATRONA 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 $4,562.13 as compensation for services actually rendered in the foreclosure proceeding. 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 YETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 11 day of 3 kA 2010 by Danette Baldacci as attorney of Castle Stawiarski, LLC. My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Previous Invoice Total NOTARY PUBLIC KODEE PEARS OK STATE OF WYOLIINI COUNT" OF NATRO. r. li Colivnission Ex Tires gip; EXHIBIT C AFFIDAVIT OF ATTORNEY 2(,) 1.! IAA By: I►anette B.: Id. ci Ca tle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 700.00 489.00 78.00 565.80 50.00 26.00 11.00 11.00 10.00 10.00 2,611.33 $4,562.13 (Signature of notari officer) /v p c_ Title (and Raj k) Certificate of Sale Perry 09- 00518R Page 7 of 7 COO7 3 2