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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 :ss 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. =eta" 7& V? t OTARY PUBLIC 000544 day of March 2011 by N Ir L7 p- a I4 r-9 0 Q D O N rR is C7 N u1 n- o Lri rR D 0 D D N cO rR D IO N PS Forin 3800. August 2006 See Reverse tor Instructions U.S. Postal Service. CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) C] N 0 -0 Li" Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (End o s' Belinda Penny Total P.O. Box 1970 Sent To Jackson, WY 83001 ;Slreel, or POE I Tr., CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma e ffi u U E I/1/(90 I Postmark Here City, Stare, ce- +c OFF Postage Certified Fee C For delivery information visit our website at www.usps.cemo ICIL USE F Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Postage (Endorse Belinda Penny Total) P.O. Box 3843 Sent 71 pine, WY 83128 Street or PO City, State, Z!P +4 PS Form 3800, August 2006 See Reverset or Instructionsn' U.S. Postal `Service,. CERTIFIED MAIL,,, u Coverage (Domestic Mail Only; No In For delivery information visit our website at wyrw.USps.com Postage Certlr'-d Fee A Return Rt 0 (Endorsement Bob G. p D std r P O e niy p Total Po En Re dorseme cted $OX 197 ac kson W 830 y 0 1 Sent To Postmark Here 0 rR 0 -II r1 0 0 D 0 r1 Str"eei Apt rtii;� or PO Box No. See Reverse tor instructio PS' Form 3800, August 2006 0 N 1-q 0 r9 0 N m 0 N 0 0 lr) 0 0 D 0 ct] r1 r-� 0 N CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.comv Total I Sent To Street, Apt. No.; or PO Box No. OFF C A Postage 1 Certifier cm RI Option One Mortgage (Endorr 3 Ada (Endors Irvine, CA 826 City, State, ZIP +4 PS Farm 3800. August 2006 See Reverse for instructions U.S. Postal Service rnt CERTIFIED MAILTM RECEIPT (Domest Ma Only; No Insuranc Coverage Prov For delivery information visit our website at www.usps.comm USE 0 N cb r1 0 0 N Rer (Endorni obi G. Penny Restric Box 3843 (Endors Alpine, WY 83128 Total I Sent To 0 Street, Apt. No.; or PO Box No. City, State, ZIP +4 Postage Certified Fee Street, r or PO B City, State, ZIP +4 A Restrict i:> G. Penny (Endorse 531 Forest Circle Total F Alpine, WY 83128 Sent To USE 000545 Postmark PS Form 3800. August 2006 See Reverse for Instructions U.S. Postal Service. CERTIFIED MAILT,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,; OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here PS Form 3800, August 2006 See Reverse for Instructions, Ln u N Lf) 1 0 0 r- cc) 0 rR U.S. I" rvicerm CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corny) OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorser' Total Po Belinda Penny Sent To 531 Forest Circle 6treet, Apt. Alpine, WY 83128 or PO Box City .State, A, PS Form 3800. August 2006 See Reverse for instructions rn N u 0 r- 14 0 1 0 0 0 N 1 4:1 0 rR N U.S Postal •Servicerm CERTIFIED MAIL, REC (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corn CIAL USE OFF Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here Tota Occupant sent1531 Forest Circle street Alpine, WY 83128 or PO City, PS Form 3800, August 2006 See Reverse for sir 000546 To f4'NOT, through ,i, waa execl Co beforecl, w. premises c, If you wi a lawsuit The 503 of.`Deeds, Ti T�►ee consec>utivewe Th' above at 01, e fro Avenue, is] defaulte to 2f. Intere enc tive PUBt 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 Jam LA 108 South s H. OF Riv (801) 254-9450 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