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)
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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
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PS Form 8800, August 2000
See Reverse for ,Instructions'
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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
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Certified Fee
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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
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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