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HomeMy WebLinkAbout9593976011019319 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 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 May 11, 2007, executed and delivered by Daryl A. Hensel to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons and (b) that certain mortgage dated May 11, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 16, 2007, at Reception No. 929409 in Book 658 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 THREE (3) OF THE CORRAL CANYON MEADOWS SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED JUNE 13, 1995 IN THE OFFICE OF LINCOLN COUNTY CLERK AS PLAT NO. 362 with an address of 146 Corral Canyon Lane, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 000063 Assignee: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007 -17CB Mortgage Pass Through Certificates, Series 2007 -17CB Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 955549 in Book 753 at Page 773 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, The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007 -17CB Mortgage Pass- Through Certificates, Series 2007 -17CB "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. RECEIVED 5/24/2011 at 11:30 AM RECEIVING 959397 BOOK: 767 PAGE: 63 JEANNE WP 1 inir.ni N rni, INN Cl FRK KEMMERER WY Certificate of Sale Hensel 10 -15685 Page 1 of 7 COSPkg Deputy Sheriff 000064 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 (4) consecutive weeks, commencing with the April 28, 2011 issue of said newspaper and ending with the May 19, 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 May 24, 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 $271,800.00 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007 -17CB Mortgage Pass Through Certificates, Series 2007 -17CB "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 $3,239.92 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 May 24, 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 24th day of May 2011. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na e: John Stetzenbach Title: Certificate of Sale Hensel 10 -15685 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 24th day of May 2011. Witness my hand and official seal. ZsYvYvz,L_ K-tit 01 Notary Public SAVANNA L, KRALL NOTARY PUBLIC COUNTY OF LINCOLN ;.1(` My Commission Expires Certificate of Sale Hensel 10 -15685 Page 3 of 7 000065 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan !hie 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 May 11, 2007 (the "Mortgage and recorded on May 16, 2007, at Reception No. 929409 in Book 658 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 Daryl A. Hensel "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007 -17CB Mortgage Pass Through Certificates, Series 2007 -17CB Assignment dated: September 13, 2010 Assignment recorded: September 16, 2010 Assignment recording information: at Reception No. 955549 in Book 753 at Page 773 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: 71969009843000685858 CERTIFIED MAIL NO. FSN: 71969009843000693921 Daryl A. Hensel 146 Corral Canyon Lane Etna, WY 83118 CERTIFIED MAIL NO. N01: 71969009843000685834 CERTIFIED MAIL NO. FSN: 71969009843000693938 Daryl A. Hensel P.O. Box 11815 Jackson, WY 83002 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000685841 CERTIFIED MAIL NO. FSN: 71969009843000693969 Daryl A. Hensel 3428 Dover Rd Cheyenne, WY 82001 -1603 CERTIFIED MAIL NO. NOI: 70102780000105768088 CERTIFIED MAIL NO. FSN: 70101870000102330993 The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007 -17CB Mortgage Pass Through Certificates, Series 2007 -17CB 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 000066 Certificate of Sale Hensel 10 -15685 Page 4 of 7 CERTIFIED MAIL NO. NO1: 71969009843000685827 CERTIFIED MAIL NO. FSN: 71969009843000693945 Occupant 146 Corral Canyon Lane Etna, WY 83118 CERTIFIED MAIL NO. NOI: 70102780000105768101 CERTIFIED MAIL NO. FSN: 71969009843000693952 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 14, 2011 and the date of the first publication of the notice of foreclosure sale was April 28, 2011. State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19 2015 FURTHER AFFIANT SAYETH NAUGHT. My commission expires: —i 9 COSPkg CERTIFIED MAIL NO. N01: 70102780000105768095 CERTIFIED MAIL NO. FSN: 71969009843000693976 Bank of Idaho, fsb, dba First Bank of the Tetons 170 E. Broadway Jackson, WY 83002 -9 an Meg n !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 9 day of rh. a 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. N Y1 (Signature re of notarial officer) Title (and Rink; 00006 Certificate of Sale Hensel 10 -15685 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming F ORECLOSURE" SALE NOTICE WHEREAS, default th e m ym� nt o,f and interest has oc- curted under,the to s >of a'tp oiy'note ("the Note'') ;dated May 11 20 ecutet Ladd' elwered o l y' at3%1 A il�en`? el M°1 or(s) to Mbr'tgage Elegtranic Registratin Syste as no mine e fbr')~irst Batik o f Idaho, sb ,`dba First Bank °of fl gage (the` `Mortgage' of the same dat securing the Note, Which Mortgage was executed d d ed by� s and' Mo to said Mortgagee, and ,w chi oirtgage was recordedon May 1 2 007, at Reception 'No; 929409 in Book' 58 at page 19'1 in the records of the office of the County Clerk yo and i ex- o Register of 'Deeils in and for Lincoln County State of Wmng, nd WH�A the mortgage Was assigned for value as`followsi Assignee: The Baillt, of New Yore Mellon FKA The" Bank of Nev York; as Trustee for 'the'Certificateho °CWALT, Inc..''Alternative Loan Trust 2007 -17CB Mortgage Pass- Through Certificates „Series 2007-0,C13 Assignment dated: }September 13;2010 Assignment recorded September 16, 2010 753 at Pagel/ Assigti e t recording format>on at Reception No. 955549 in Book i All in the records of the Coupty Cleticand ex-officio Register of `Deeds in and for Lincoln Cc unty Wyomin WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been institute& atlaw to "recover debt secured by, the:Mortgage or any part thereof', nor has any' such suit or proceeding been instituted andhthe same scb�htti�ue ,hand s WHEREAS wetter notice' of i to foreclose the Mortgage by advertisementfand salelas been served upon the record ownerkan party in possession 'of'tlie mortgaged "premises'at least ten (T0) daystprior to the commencement, of fi thi s pubhoatiori'and upon the mortgag the date�'rst publication of this notice of sale being the total sum of`$452,828 X85 which sum consists of the unpaid principal balance of`$405,761.50 plus interest accrued to the` date' of the first l'cation of this notice in the amount of $47,067.35, plus attomeys' fees, costs expended and4,accruing,interest=and.late charges after the date of first publication of this notice of sale WHEREAS, he' property `beuig. foreclosed•upon:may. be subject to other -liens and`:�'enonnibran`ces$.tk at not be extinguished at the' sale. Any prospectivepnrchaser; should' research the status, oftitle before submitting `THEREFOREThe Bank; of; New York Mellon FKA TheBank of New York; as Trustee; for. the; Certificateholders,CWALT, inc., Alterna- tive Loan. Trust 2007" -17CB Mo tgage :Pass Through, Certificates, Series 2007- 17CB,``as the Mortgagee,` will` havethe 'Mortgage,foreclosed'as.by law provided, by causing the mortgaged property to be sold at public venue by the,'Sheriff or Deput ,sheliffiii Sheriff and fors Lincoln' County, Wyoming to thechighest. °bidder for cash, at 10 :00 o'clock in the forenoon on, May 24, 2011 at the front door of the Lincoln County:Courthouselocated at. 925 Sage Avenue, Kemmerer,' WY: Lincoln, County; for application on the above-described amounts secured' by the Mortgage, said mortgaged property being descri bed as follows, to -wit: LOT THREE (3)•OFTHE CORRAL CANYONNMEADOWS:SUBDI- VISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED ^JUNE 13 ;1995IN THE "OFFICE OF LINCOLN COUNTY CLERK AS PLAT NO. 362 will any address "of146' Corral Canyon Lane, Etna, WY 83118. Together with all improvements thereon situate and, all fixtures and apputrtenances4thereto.; The,:Bank of New York Mellon FKA The Bank „of New York, as Trustee `for the Certificateholders CWALT, Inc., Alternative Loan Trust 2007- 17CBiMortgageM"Pass ;ThroughCertificates, Series 2007- 17C +B rBy: CastleiStawiarski, LLC 330 S. Walsh; Drive,'S'te. 202 Casper, WY 82609 -0000 (307) 333. 5379 t 15685.,4).0. >4:fb7 x042SE worrty EXHIBIT B PUBLISHER'S AFFIDAVIT 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 it consecutive issues /weeks; the first publication being on the 2f day of 20 t and the last publication being on the I5 day of b KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20'Lt and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of Sate of lincotn Wytoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 1 I day of Jensen Publ'sh Notary Sign A.D., 20 1 t 000068 l OT D ale Hensel 10 -15685 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Megan Ihle, 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 $3,239.92 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 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 AFFIANT 1 TH NAUGHT��� State of Wyoming County of Natrona This instrument was acknowledged before me on _a_ day of r 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. ti 0 NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex Ires Jan 19 2015 My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriff's Deed Fee FTP Datedown x 2 PUB COST FSN EXHIBIT C 000069 AFFIDAVIT OF ATTORNEY SS Total $3,114.92 a- By: Mega 4hle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature o notarial officer) Title (and Ra 600.00 1,240.00 155.12 8.00 496.80 50.00 26.00 11.00 10.00 10.00 150.00 483.00 Certificate of Sale Hensel 10 -15685 Page 7 of 7