HomeMy WebLinkAbout9586516011019704
STATE OF WYOMING
COUNTY OF LINCOLN
follows:
CERTIFICATE OF SALE
:Ss
000540
I, M. Shane ,Tohnsoheing of lawful age, being first duly sworn, state and certifies as
1. I am the duly elected and acting Sheriff in and for LINCOLN County, State of
Wyoming, and make this Certificate of Sale in such capacity.
2. That a default has occurred under the terms of that certain Mortgage dated
October 24, 2002, the "Mortgage securing said note, which Mortgage was given by BOB G. PENNY
AND BELINDA PENNY, HUSBAND AND WIFE, mortgagor(s), to said mortgagee, OPTION ONE
MORTGAGE CORPORATION, A CALIFORNIA CORPORATION and was recorded October 25,
2002, in Book 502, at Page 698 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
property described below, as follows, to -wit:
LOT 26, FOREST MEADOW SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT
THEREOF, RECORDED N THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY,
WYOMING
with an address of: 531 Forest Circle, Alpine, Wyoming 83128
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
The mortgage was assigned for value as follows:
Assignor: Option One Mortgage Corporation, A California Corporation
Assignee: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003 -2,
Asset backed Certificates, Series 2003 -2
Assignment recorded: January 27, 2011
Assignment recording information: Document No. 957829 in Book 761, Page 494
All in the records of the County Clerk and ex- officio Registrar 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.
RECEIVED 3/29/2011 at 10:39 AM
RECEIVING 958651
BOOK: 764 PAGE: 540
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000541
4. That the power of sale contained in the Mortgage, having been made operative
by reason of such Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003 2,
Asset backed Certificates, Series 2003 "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 KEMMERRER GAZETTE, a newspaper published and having general circulation in
LINCOLN County, State of Wyoming, once a week for four consecutive weeks, commencing first with
the February 3, 2011 issue of said newspaper and ending with the March 24, 2011 issue of said
newspaper, 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 statues 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 29, 2011 at 10:00 a.m. in the forenoon, at the front door of LINCOLN County
Courthouse, located at 925 Sage Avenue, 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 $150,000.00 "Bid Sum which was bid and
offered by MICHAEL J. MARTIN AND JENNIFER A MARTIN, "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. TRUSTEES OF THE MICHAEL J. MARTIN AND JENNIFER
A. MARTIN LIVING TRUST DA Z
7. That the sum of $1,388.28 is to be paid to THE LAW Mad OF JAMES H.
WOODALL, PLLC, the attorneys for Mortgagee, as compensation for services actually rendered in the
foreclosure proceeding, said attorneys having made an affidavit as required by statues 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.
000542
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 29, 2011, the date of
the sale, unless the property shall have been redeemed as provided by law prior to that time.
Wyoming.
STATE OF WYOMING
COUNTY OF LINCOLN
DATED this 29th day of March 2011 in LINCOLN County, State of
The foregoing instrument was subscribed in my presence and acknowledged before me
by John Jackman Deputy Sheriff of LINCOLN County, State of Wyoming, this 29th
day of March 2011.
Witness my hand and official seal
SAVANNA L. HAKES NOTARY PUBLIC
COUNTY OF
LINCOLN
5joq,Expires G
STATE OF
WY Q MING
(1
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M. Shane .Tohnson
Sheriff in and for LINCOLN County, State of
Wyoming
Pri ame: John Jackman
By.
ACKNOWLEDGMENT
Title: Deputy Sheriff
Notary Public
STATE OF UTAH
COUNTY OF SALT LAKE
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
:ss
EXHIBIT "A"
000543
James H. Woodall of lawful age, being first duly sworn upon his oath deposes and says:
1. That he is an attorney admitted to practice law in the State of Wyoming and is a
member of the law firm of LAW OFFICES OF JAMES H. WOODALL, PLLC, who is the attorney
representing Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003 -2,
Asset Backed Certificates, Series 2003 -2 in a procedure to foreclose a certain real estate mortgage
dated October 24, 2002 and recorded on October 25, 2002, in book 502PR, at page 698, (the
"Mortgage in the records of the office of the County Clerk and ex- officio Registrar of Deeds in and for
LINCOLN County, State of Wyoming, wherein BOB G. PENNY AND BELINDA PENNY,
HUSBAND AND WIFE "Mortgagors and OPTION ONE MORTGAGE CORPORATION, A
CALIFORNIA CORPORATION "Mortgagee entered into a mortgage which mortgage was
assigned as follows:
The mortgage was assigned for value as follows:
Assignor: Option One Mortgage Corporation, A California Corporation
Assignee: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2003 -2,
Asset Backed Certificates, Series 2003 -2
Assignment recorded: January 27, 2011
Assignment recording information: Document No. 957829 in Book 761, Page 494
All in the records of the County Clerk and ex- officio Registrar 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 statues, before the notice was published as follows:
(please see attached sheet)
3. That the date of mailing of the notice of intent to foreclose the Mortgage was
January 7, 2011 and the date of the first publication of the notice of the foreclosure sale was February 3,
2011.
DATED this day of March 2011.
PATRICIA C THOMAS
Notary Public
State of Utah
Comm. No. 5T6906.
My Comm. Expires Jan 5, 2013
STATE OF UTAH
:ss
COUNTY OF SALT LAKE
This instrument was acknowledged before me on this 67
James s e Ball
LA OFFI S OF JAMES H. WOODALL, PLLC
1080 ive ront Parkway, Suite 175
South Jor. an, Utah 84095
(801) 254 -9450
James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC.
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000544
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KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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 4 consecutive issues /weeks;
the first publication being on the 3
day of 0'f{ (1h.O.11) 20_,
and the last publication being on the 24
day of L1'YlC,rh.C.IV 20�L;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
V\O) t-t1)
c hael Jensen, Pu
Oil Li
Notary S
Michael Jens'ublisher
R OSEMARY 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 2.4 day of
A.D., 20 I
000547
STATE OF UTAH
COUNTY OF SALT LAKE
EXHIBIT "C"
AFFIDAVIT OF ATTORNEY
:ss
Attorney Fees 600.00
Title Commitment 440.00
Assignment Cost 10.00
Mailings Fee 177.28
Publication Cost 0.00
Recording costs 41.00
Sheriff's fee to conduct sale 10.00
Title Company to attend 50.00
Sale Update 50.00
Sheriff's Deed 10.00
TOTAL 1,388.28
000543
James H. Woodall, of lawful age, being first duly sworn upon his oath, deposes and says:
1. That he is an attorney admitted to practice law in the State of Wyoming and is a
member of the law firm of the LAW OFFICES OF JAMES H. WOODALL, PLLC and is the attorney
representing the Mortgagee in a procedure to foreclose a certain real estate mortgage.
2. That James H. Woodall, as attorney for the Mortgagee, will charge the
mortgagee fees totaling $1,388.28 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 James H. Woodall. There is no agreement, express
or implied, between such attorneys and their client, nor between such attorneys and any other person who
is 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.
STATE OF UTAH
COUNTY OF SALT LAKE
DATED this day of March 2011.
:ss
PIMA C THOMAS
Notary PottNe
Stole of We
Comm. No. 576906
My Comm. Expires Jan 5, 2013
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oodall
CES OF JAMES H. WOODALL, PLLC
r Front Parkway, Suite 175
an, Utah 84095
This instrument was acknowledged before me on this(%) day of March 2011 by
James H. Woodall, attorney of the LAW OFFICES �4NAMES H. WOODALL, LLC.
NOTARY PUBLIC