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HomeMy WebLinkAbout9588666011119814 STATE OF WYOMING COUNTY OF LINCOLN follows: CERTIFICATE OF SALE :ss I, M. Shane .Tohnss 1Peing 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 November 2, 2006, the "Mortgage securing said note, which Mortgage was given by KATHY WARE, mortgagor(s), to said mortgagee, OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION and was recorded November 7, 2006, in Book 639 PR, at Page 480 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: COMMENCING AT A PONT WHICH IS 62 RODS EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 31 NORTH, RANGE 119 WEST OF THE 6TH P.M., WYOMING, AND RUNNING THENCE NORTH 12 RODS; THENCE EAST 18 RODS; THENCE SOUTH 12 RODS; THENCE WEST 18 RODS TO THE POINT OF BEGINNING. with an address of: 42 Tolman Lane Cr 170, Fairview, Wyoming 83119 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00 Assignor: Option One Mortgage Corporation, A California Corporation Assignee: Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007 -1, Asset backed Certificates, Series 2007 -1. Assignment recorded: March 11, 2011 Assignment recording information: Document No. 958444 in Book 763, Page 633 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 4/12/2011 at 10:42 AM RECEIVING 958866 BOOK: 765 PAGE: 291 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00L 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 2007 -1, Asset backed Certificates, Series 2007 -1 "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 consecutive weeks, commencing first with the March 17, 2011 issue of said newspaper and ending with the April 7, 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 April 12, 2011 at 10:00 a.m. in the forenoon, at the front door of Kemmerer 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 $22,500 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007 -1, Asset backed Certificates, Series 2007 -1 "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 $1,841.36 is to be paid to THE LAW OFFICES 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. 000293 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 April 12, 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 12th day of April 2011 in LINCOLN County, State of The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of LINCOLN County, State of Wyoming, this 12th day of April 2011. Witness my hand and official seal JA CIE COUNTY 07 LINCOLN My Crmm sic ACKNOWLEDGMENT :ss OF M. Shane Johnson Sheriff in and for LINCOLN County, State of Wyoming By: Print Name: Cl Title: Boyd Deputy Sheriff STATE OF UTAH COUNTY OF SALT LAKE AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE :ss EXHIBIT "A" 000294 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 2007 -1, Asset Backed Certificates, Series 2007 -1 in a procedure to foreclose a certain real estate mortgage dated November 2, 2002 and recorded on November 7, 2011 in Book 639PR, at page 480, (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 KATHY WARE "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 2007 -1, Asset Backed Certificates, Series 2007 -1 Assignment recorded: March 11, 2001 Assignment recording information: Document No. 958444 in Book 763, Page 633 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 March 17, 2011. STATE OF UTAH COUNTY OF SALT LAKE DATED this 6 day of April 2011. :ss This instrument was acknowledged before me on this 000295 James oodall LA OFF CES OF JAMES H. WOODALL, PLLC 10:18 Riv r Front Parkway, Suite 175 Sou Jor- an, Utah 84095 (801) 4 -9450 James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. day of April 2011 by PATRICIA C THOMAS Notary Public State of Utah Comm. No. 576906 My Comm. Expires Jan 5. 2013 NOTARY PUBLIC A For denNery, i in nffprmation visit our website at www.usps.como BF C Postage Certified Fee Return Receipt Fee (Endorsement Required) SE Postmark Here Restricted C (Endorsemr Occupant )County Road 144 Total Post FRVC, SP C Fairview, Wyoming 83119 Sent To PS Form 3800, August 2006 See Reverse for instructions, PS Form 3800, August 2006 See Reverse for Instructions Street, Apt. or PO Box P. City, State, ZIP +4 U.S. Postal Service,,., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Far delivery information visit our.pvebsite at www,usps,com OFFIC A. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted C u Oc c ant Endorsemet Occupant Tolman Lane CR 170 Total Post, Fairview, Wyoming 83119 Sent To b`tr`est, Apt 7 or PO Box N. City, State, ZIP +4 USE Postmark Hero PS Form 8800, August 2000 See Reverse for ,Instructions' ru co For delivery irtormation.visit our,website at www.usps,corno F A U E Postage Certified Fee Retum Receipt Fee (Endorsement Required) Rest. nelivery Fee (End( Kathy Ware Tot County Road 144 FRVW SP C, Fairview, Wyoming 83119 Wre or P City, State, trr +a Postmark 000296 Here U.S Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only No insurance Coverage Provided) Oor delivery information visit our website;at www.usps.comas A U E Postage Certified Fee rR O O D M1 LJ Total Pa's rR a Street, Apt...,,., or PO Box No. Return Receipt Fee (Endorseme'' Restricted (EndorsemE PS Form 3800, August 2006, See Reverse for instructions, Sent To City, State, ZIP +4 Kathy Ware 42 Tolman Lane CR 170 Fairview, Wyoming 83119 Postmark Here SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .Kathy Ware PO Box 102 ,Fairview, Wyoming 83119 PS Form 3811, February 2004 r-R r rU For delivery information visit our website at www.usps.comr„ USE OFF Sent To treef AE or PO Bo. City, State, cirr9 Postage Certified Fee c Return Receipt Fee (Endorsement Required) Restricted Delivery Fan (Endorse Ware Kathy Total P PO Box 102 83119 Fairview, Wyoming Domestic Return Receipt A A. Signatu CI Agent X e0 C. Date of Delivery t eceivgd by (Printed Name) U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Is delivery address different from item 1? Yes If YES, enter delivery address below: No 3. Service Type Certified Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) 2. Article Number 7010 1870 0001 5640 8402 (Transfer from service label) Postmark Here PS Form 3800, August 2006 See Reverse for lost', uctions Express Mall Return Receipt for Merchandise C.O.D. Yes 102595 -02 -M -1540 000297 r KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming adall. `t 90 41 A=94 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln My Commission u5lisher State of Wyoming Expires May 5, 2012 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 1 day of u'Y1(1 )0 -6) 20 I( and the last publication publication being on the 7 day of 1A.ai 20 H and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) before me on this day of el Jensen, Notary Michael nature n, Publisher Subscribed in my preseneeand sworn to 20 00023 STATE OF UTAH COUNTY OF SALT LAKE EXHIBIT "C" AFFIDAVIT OF ATTORNEY :ss 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 $1,841.36 as compensation for services actually rendered in the foreclosure proceeding. STATE OF UTAH COUNTY OF SALT LAKE Attorney Fees 600.00 Title Commitment 644.00 Mailings Fee 77.56 Publication Cost 358.80 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 1,841.36 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. DATED this A day of April 2011. :ss PATRICIA C THOMAS Notary Public State of Utah Comm. No. 576906 My Comm. Expires Jan 5. 2013 James LAW 1080 South FFI Riv (801) 254 -9450 000299 odall ES OF JAMES H. WOODALL, PLLC Front Parkway, Suite 175 an, Utah 84095 This instrument was acknowledged before me on this g day of April 2011 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. OTARY PUBLIC