HomeMy WebLinkAbout958387601111S
STATE OF WYOMING
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 17, 2008, executed and delivered by David
C. Woods and Angela R. Woods to Mortgage Electronic Registration Systems,
Inc., as nominee for ANB Financial, N.A. its successors and assigns and (b) that
certain mortgage dated March 17, 2008 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on March 21, 2008, at Reception No. 937746 in
Book 690 at Page 191 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 73 OF ALPINE MEADOWS SUBDIVISION, LINCOLN
COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED AUGUST 23, 2005, AS RECEIVING NO.
911176, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY,
WYOMING, AS PLAT NO. 206 -A.
with an address of 12 Aster Loop, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: January 4, 2010
Assignment recorded: January 12, 2010
Assignment recording information: at Reception No. 951584 in Book 740 at Page
12
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, BAC Home Loans Servicing,
L.P. "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
CERTIFICATE OF SALE
SS
RECEIVED 3/8/2011 at 10:31 AM
RECEIVING 958387
BOOK: 763 PAGE: 391
JEANNE WAGNER
i iNrni N rnI INTY ('I FRK KFMMERER. WY
000391
Certificate of Sale
Woods 11 -00700
Page 1 of 7
having general circulation in Lincoln County, State of Wyoming, once a week for
four (4) consecutive weeks, commencing with the February 10, 2011 issue of
said newspaper and ending with the March 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 March 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
$225,000.00 "Bid Sum which was bid and offered by BAC Home Loans
Servicing, L.P. "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 $2,419.60 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 March 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 March 2011.
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M. Shane Johnson
Title: Deputy Sheriff
000392
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Ci f f Boyd
Certificate of Sale
Woods 11 -00700
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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COUNTY OF
LINCOLN
MySuTisaotlAlljr
ACKNOWLEDGMENT
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of
March 2011.
Witness my hand and official seal.
JY\M6 1COAr \)_Q
Notary Public
SAVANNA L. HAWKES NOTARY PUBLIC
STATE OF
WYOMING
SS
Certificate of Sale
Woods 11 -00700
Page 3 of 7
000333
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 March 17, 2008 (the "Mortgage and
recorded on March 21, 2008, at Reception No. 937746 in Book 690 at Page 191
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 C. Woods and Angela
R. Woods "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic
Registration Systems, Inc., as nominee for ANB Financial, N.A. its successors
and assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: BAC Home Loans Servicing, L.P.
Assignment dated: January 4, 2010
Assignment recorded: January 12, 2010
Assignment recording information: at Reception No. 951584 in Book 740 at Page
12
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: 71969009843000631145
CERTIFIED MAIL NO. FSN: 71969009843000641700
David C. Woods
12 Aster Loop
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000631169
CERTIFIED MAIL NO. FSN: 71969009843000641717
David C. Woods
PO Box 6545
Jackson, WY 83002 -6545
CERTIFIED MAIL NO. NOI: 71969009843000631183
CERTIFIED MAIL NO. FSN: 71969009843000641724
David C. Woods
418 Dennison Ave
Fort Collins, CO 80526
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EXHIBIT A
SS
000394
CERTIFIED MAIL NO. NOI: 71969009843000631152
CERTIFIED MAIL NO. FSN: 71969009843000641762
Angela R. Woods
12 Aster Loop
Alpine, WY 83128
CERTIFIED MAIL NO. NOI: 71969009843000631176
CERTIFIED MAIL NO. FSN: 71969009843000641816
Angela R. Woods
PO Box 6545
Jackson, WY 83002 -6545
CERTIFIED MAIL NO. NOI: 71969009843000631190
CERTIFIED MAIL NO. FSN: 71969009843000641786
Angela R. Woods
418 Dennison Ave
Fort Collins, CO 80526
Certificate of Sale
Woods 11 -00700
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000631206
CERTIFIED MAIL NO. FSN: 71969009843000641731
David C. Woods
4408 JFK Parkway, Unit #D107
Fort Collins, CO 80525
CERTIFIED MAIL NO. NOI: 71969009843000631220
CERTIFIED MAIL NO. FSN: 71969009843000641748
BAC Home Loans Servicing, L.P.
400 Countrywide Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298
CERTIFIED MAIL NO. NOI: 71969009843000631244
CERTIFIED MAIL NO. FSN: 71969009843000641755
North Star Utility
P.O. Box 3910
Alpine, WY 83128
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was January 25, 2011 and the date of the first publication of the
notice of foreclosure sale was February 10, 2011.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This i strument was acknowledged before me on
day of 2011 by Danette Baldacci as attorney of Castle
Stawiarski, LLC.
NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
:nnmission Ex ires Jan 19, 2015
My commission ex ires:
�1. r, a6is
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anette dacci
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Title (and R. k)
000395
CERTIFIED MAIL NO. NOI: 71969009843000631213
CERTIFIED MAIL NO. FSN: 71969009843000641793
Angela R. Woods
4408 JFK Parkway, Unit #D107
Fort Collins, CO 80525
CERTIFIED MAIL NO. NOI: 71969009843000631237
CERTIFIED MAIL NO. FSN: 71969009843000641809
Occupant
12 Aster Loop
Alpine, WY 83128
Certificate of Sale
Woods 11 -00700
Page 5of7
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
.ssi gntnel ti
erk and ex- officio Register of
ower of sale which by reason
ra v e, and no
secured
vill, n eX tn]:
researo ex:sta
REFORE BAC Home Loans Serum
eclosed`as b w
lvlo��'e�' Y
ytobesof tpubho�enue
t31 iii Wy oming to the l .tgi
e foren o arch 8 201€1 t
ni qi 4� at 92'5 Sage P
mrai d tton. therabo e,
FORECLOSURE SALE NOTICE
WHEREAS,'. default in the p aym ent o principal and interest has oc-
curred tnder the tenns of ,a p o so�otte khe Niue dated March 17,
"N O8 executed by David oods. =and AngelaR. Woods
f M r g e e ation Sy t ns,. Inc:, as
nominee for B B ci l�l tt s tie ce rss arnd"�assigns, and a Teal'.
gestate,mortgage;(the "Mort age') df.the'same date securing tlhe.Note,.
rwhrclilVItirt- agoras; ekec dd' andtdeliVerediby .satd:lMortkagor(s), to
a1d1494 Oh'artd 'hxc A `age*44,eG�rtted on Match 2.1, 2008,
'at Reeepton &93T�46 m Book 64Q at e „I m th records of the
office ofi the €oikxt� €eXia for
Line,' h
WHE
ssignee,
Assi
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740 at f 'age 12
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in and .for Lincolft Coui
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KEMMERER GAZETTE
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PUBLISHER'S AFFIDAVIT
951584 in Book
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:of title before
as the Mort,
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EXHIBIT B
and
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00 396
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 consecutive issues /weeks;
the first publication being on the 16
61,i 20 i
and the last publication being on the 3
"1 f 1(V40_, 20_11
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michae Publisher
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 3 day of
hael ensen, Pub 'sher.
Notary Sig ure
rage b or
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 $2,419.60 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COSTS
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
FTP Update
Total $2,419.60
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 AFFIAN SAYETI- NAUGHT.
State of Wyoming
County of Natrona
NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
ommtsstor. 2: a fires Jan 19, 2015
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
700.00
992.00
143.00
441.60
50.00
26.00
11.00
11.00
10.00
10.00
25.00
D nette acci
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Title (and R nk)
My commission wires:
0®0397
This i strument was acknowledged before me on
day of` aA, 2011 by Danette Baldacci as attorney of Castle
Stawiarski, LLC.
Certificate of Sale
Woods 11-00700
Page 7 of 7