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Home My WebLink About9579856011019591 CERTIFICATE OF SALE STATE OF WYOMING 00013 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 March 21, 2007, executed and delivered by Brad E. Howard Jr. and Nicole A. Howard to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated March 21, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 26, 2007, at Reception No. 927888 in Book 652 at Page 392 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 NINETY -TWO AND LOT NINETY -THREE OF PRATER CANYON ESTATES UNIT 1, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NUMBER 166 AS RECORDED OCTOBER 3, 1967 AS DOCUMENT NUMBER 404240. with an address of 59 Prater Canyon Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: November 8, 2010 Assignment recorded: November 17, 2010 Assignment recording information: at Reception No. 956794 in Book 757 at Page 430 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, MidFirst Bank "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 COSPkg RECEIVED 2/8/2011 at 11:04 AM RECEIVING 957985 BOOK: 762 PAGE: 133 JEANNE Wi 1 Inlr ni rvI ('.nI INTV C'1 PRK KFMMFRFR WY Certificate of Sale Howard 10 -22321 Page 1 of 8 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the December 9, 2010 issue of said newspaper and ending with the December 30, 2010 issue thereof and again once a week for five (5) consecutive weeks, commencing with the January 6, 2011 issue of said newspaper and ending with the February 3, 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 February 8, 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 $222,900.86 "Bid Sum which was bid and offered by MidFirst Bank "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 $2,782.85 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 February 8, 2011, 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 8th day of February 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print a"'e: John Jackman Title: Deputy Sheriff Certificate of Sale Howard 10 -22321 Page 2 of 8 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 8 th day of February 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT e 133 SS Witness my hand and official seal. Notary Public SAVANNA L. HAVKES NOTARY PUBLIC COUNTY OF LINCOLN sjqAgires SATE OF WYOM l II Certificate of Sale Howard 10 -22321 Page 3 of 8 EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 00o136 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci of lawful age, being first duly sworn upon her oath, deposes and says: SS 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 March 21, 2007 (the "Mortgage and recorded on March 26, 2007, at Reception No. 927888 in Book 652 at Page 392 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 Brad E. Howard Jr. and Nicole A. Howard "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: November 8, 2010 Assignment recorded: November 17, 2010 Assignment recording information: at Reception No. 956794 in Book 757 at Page 430 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. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Brad E. Howard Jr. 59 Prater Canyon Drive Thayne, WY 83127 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Nicole A. Howard 59 Prater Canyon Drive Thayne, WY 83127 N01: 71969009843000590046 FSN: 71969009843000594112 NOPP: 71969009843000611116 N01: 71969009843000590053 FSN: 71969009843000594129 NOPP 71969009843000611123 CERTIFIED MAIL NO. NOI: 71969009843000590060 CERTIFIED MAIL NO. FSN: 71969009843000594136 CERTIFIED MAIL NO. NOPP: 71969009843000611130 Occupant 59 Prater Canyon Drive Thayne, WY 83127 COSPkg CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Brad E. Howard Jr. PO Box 1366 Thayne, WY 83127 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Nicole A. Howard PO Box 1366 Thayne, WY 83127 N01: 71969009843000590091 FSN: 71969009843000594167 NOPP: 71969009843000611161 N01: 71969009843000590107 FSN: 71969009843000594174 NOPP: 71969009843000611178 CERTIFIED MAIL NO. NOI: 71969009843000590114 CERTIFIED MAIL NO. FSN: 71969009843000594181 CERTIFIED MAIL NO. NOPP: 71969009843000611185 MidFirst Bank 999 NW Grand Blvd. Oklahoma City, OK 73118 -6054 Certificate of Sale Howard 10 -22321 Page 4of8 CERTIFIED MAIL NO. N01: 71969009843000590077 CERTIFIED MAIL NO. FSN: 71969009843000594143 CERTIFIED MAIL NO. NOPP: 71969009843000611147 First Horizon Home Loan Corporation 40000 Horizon Way Irving, TX 75063 CERTIFIED MAIL NO. N01: 71969009843000590084 CERTIFIED MAIL NO. FSN: 71969009843000594150 CERTIFIED MAIL NO. NOPP 71969009843000611154 RSB Citizen, N.A. 3300 S.W. 34` Avenue Ste 101 Ocala, FL 34474 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 24, 2010 and the date of the first publication of the notice of foreclosure sale was December 9, 2010. State of Wyoming County of Natrona STATE OF WYOIk ING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 e1 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC, KODEE PEARSON Aer C. B Danette Ba acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 day of sz._b 201q by Danette Baldacci as attorney of Castle Stawiarski, LLC. La CERTIFIED MAIL NO. NOI: 71969009843000590121 CERTIFIED MAIL NO. FSN: 71969009843000594198 CERTIFIED MAIL NO. NOPP: 71969009843000611192 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 -2026 (Signature of notarial officer) (d Z Title (and Rank) 000137 Certificate of Sale Howard 10 -22321 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming F'OREC SALE N OTICE, WHEREAS' default in the Hpayment of principal and` has oc curred under, the terms*. of as note (thee "Note')t dated March 21, 2007, e)oet ted and delivered by Brad E Howard ^Jr: ands "Nicole A, Howard M' b�° rtgor( 's) "')"to`Mortgage`Electronic�i egistration :Systems, Inc., -'as no n r or rst"rH Home Corporation, and a real estate mortg (the "Mortgage of the same date securing th e Note, which Moitgage' was' executed and delivered by said Mortgagor(s), to said ortgagee and.which Mortgage was recorded on March 26, 2007, at R No. 927888 in Book 652"at Page 392 iin the records c office of the County Clerk and ex officio Register. of Deeds in ar Lincoln County, State of Wyoming and WHEREAS, the r 1ortgage w as assigned for value as, follows Assignee: lvlxdFirst Bank" As dated"Noveihber R. 2010' Assignment recorded November 17, 2010 WHEREAS,° the Mortga co ntains »apbwer "ic no Book D eeds Y advertisementandsalehas b ee sgrv` "upor hthe recoxd owner and the party in possession of th f t h. aged.pre...d 4 t least ten' (10) days prio to the u m o f encern te: of this pttbli i and, the cord roue upon th Mor'tgage oh'the' dateo of this notice'of sal being th total° sum of $?fi16,8d 1.87 which sum "consists of the unp aiZl princ ipal�bal s anter esf a c c rue t e h e .o tion ot` than notice m th e,amoutlt r 8$,p 1us attorney fees, 6 o fu sts publacataon of tha�notaee of sal Assignment recording information at Reception No, 956794 in 757 "at Page 430 Allan the records of the County Clerk and ex- o Register of D in and'for Linooin County, Wyoming. r e e ance of $195,234 plu d th d t f the first pubhca f 1 li' h by teas of saiddefault th M ortgagee dec1'ares tq °have become operative, and suit of prb ceeditig has be instituted at 1'avv e l? ecoverthe debt recur by the Mortgage, or any part thereof; nor has any ~such suit or proceeds been instituted an d the same discontinued, acid WHEREt),�� noGa ce�'af antent Jto� fore �tlio .Mortgage on ed ng b expended, arc;: accruing interest and late char after'the date o st lose 1 nnnn may be" subject to WHEREAS T�he, foroc LOT NINETY, other r "Miens •aiad tencum5rance rthatWilin be :extinguished at the sale. Any p reseazchthe status of tit before sub= mittito a bad, NSW T�E ,M dI�irst �an�, as tiae, lV�ortgagee, wilt' the Mortgage foxeclosed�s by laui+;�royidedby caus�n m ott g agedprop- jve e s f t "Shan�f o rDe utyr Sheriff in andfor BE NLTMBFR404240. ess.of5 Prater Canyotr D}nive,b:Thayne, WY 83127,. all" improvements thereon situate an d 11 fixtures and ereto: M�' t Bank 3yc "Patncia Anne r B nk astle Stawrarsk,, e S e. 202 spec, WY, 3 39 -0000 S A K WY L coin County for tt the Bove descrtbcd amounts secured by tire Mo rt erty to be, sold at public u. y. ho P Lincoln County, Wyoming toth hi gh estbidder, f cash at 113:00 o'clock in the forenoon on Jan uary 4,2011kat"the, fr ont doorof th Lincoln County Courthouse located at 925 'age venue, ernmerer, in" or alp aaa, `o�f on a gage; said mortga property beittgdescrlbedas.folidws> T WO AND LOT NINETY THREE OF PRATER CANYO ESTATES UNIT 1,' L1NC,f��= NGOUNTY, WYOMING A DESCRIB 11E QE1''I�f�J- I;BLATIT 1p6 AS RE CORDED OCTO .with an, soot Together w ith" appurtenancesath i its C LLC 30•�S Walsh Driv t rCa 07) 333 5379 1209A PUBLISH::Dec. COSPkg EXHIBIT B 0001313 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln I, Mike Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZE' I E 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 'q' consecutive issues /weeks; the first publication being on the q day of -1() tORIAlivj 20 �O and the ast publication being on the 30 day of z0_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) e s .....,...r. Michael J ROSEMARY CAPELLEN NOTARY PUBLIC County of y. State of Lincoln P Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to e .re me on this 30 day of Notary Si Publisher Certificate of Sale Howard 10 -22321 Page 6of81 Inc a riot orF si ante areal essat Imo 8? �thetN fw cta m� a a to Mo g gee, a d c offi of the Count�y� C1 Lincoln Co unty, tate E No 9r278881in Bobld6a WJ IEREA.Sle o gagee:a s d,,lio f Assignee first Ass 'eu dated,, AsigINXien Assignment ,eeordi 757 at Page 430 All in the reeds of t in and for Lind', C�our REA writ"tter ad v e rti se ment d;sale,, se theerecord?'. i e at least tena( Iii Dropert covere venue an No, 956794 in Book LOT CANYON E DESCRIBED CORDED OCTOB witl an address d] other liens; sand Any prospective mitring a,bid; NOTICE 'SOME tion 34-4-109 scheduled for T Courthouse).oca State of Wyor on February 8 located 4'925 Wyoming. KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING PUBLISH. COSPkg STPONE snbgµ p ent of, principal and`mterest• has 'oc. otnissory. ipte (the `Note") dated March ered^ b r"ad E Howard and N cole A. i e °a �lectronic'Regi to Is, ionIlome an Corporation;( "Mortgagee gttgage of the sambe date securing feted and ehyered by Mortgg gor(s),:` he<recor of the' Deeds in and-for 0', at Reception Register of Deeds Ore c1 ise the Mortgage by of the Mortgage, has been tosses ion of the mortgaged blation of the notictof as follows BE OF PRATER YOMING'AS FMBER ,,166 ASa., NUMBER 404240• hayne WY 83127. d upon may be subject to e, extinguished at the sale. status o ti� i�te "Sub ;Statutes Sec vlortgage, 'Coln County n County, e forenoon ourthouse; State of irst Bank httsch Castle `Sta i rsi) LC S. Walsh A "tey to 202 Gp 79 3, 2011;;(10- 22321Z 106E EXHIBIT B PUBLISHER'S AFFIDAVIT 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 5 consecutive issues/weeks.; the first publication being on the l� 20 t I and the last publication being on the day of day of 20 it and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Notary Si KEMMERER, WYOMING Michael n, Publisher STATE OF WYOMING )ss COUNTY OF LINCOLN R OSEMARY CAPELLEN NOT PUBL County of Lincoln My Commission Expires May 5, 2012 State of Wyoming Subscribed in my presence and sworn to before me on this 3 day of JP a (plvd_ A.D., 20 I 1 el Jensen, PubrsIP /1.1 i 1' 4/A 1 i 0 lature 00u139 Certificate of Sale Howard 10 -22321 Page 7 of 8 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 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 $2,782.85 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 AFFIA SAYETH,NAUGHT. 6 t anette Baldacci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on '3 day of p 2011p by Danette Baldacci as attorney of Castle Stawiarski, LLC. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sherifs Deed Sheriffs Sale fee Sheriffs Deed fee FTP Update Publication Cost NOPP Total NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Co.cnr pssion Expires Apr. 14. 2014 My commission expires: EXHIBIT C CI +144 AFFIDAVIT OF ATTORNEY SS 650.00 768.00 175.50 11.00 441.60 50.00 29.00 11.00 11.00 10.00 10.00 150.00 465.75 $2,782.85 1 (Signat e of notarial officer) l� ka. r y b( Title (and Rank) Certificate of Sale Howard 10 -22321 Page 8 of 8