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HomeMy WebLinkAbout9593986011019194 CERTIFICATE OF SALE STATE OF WYOMING SS 000070 COUNTY OF LINCOLN 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 March 15, 2007, executed and delivered by Alison A. Penny and Dustin Q. Penny to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB and (b) that certain mortgage dated March 15, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 20, 2007, at Reception No. 927716 in Book 651 at Page 728 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: COSPkg LOT 9 OF THE LAZY B SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT RECORDED IN THE OFFICE OF THE COUNTY CLERK. with an address of 149 Larkspur Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: HSBC Bank USA, N.A., as Trustee of the Deutsche Alt -A Mortgage Loan Trust, Series 2007 -0A3 Mortgage Pass Through Certificates Assignment dated: August 9, 2010 Assignment recorded: August 18, 2010 Assignment recording information: at Reception No. 954987 in Book 752 at. Page 288 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, HSBC Bank USA, N.A., as Trustee of the Deutsche Alt -A Mortgage Loan Trust, Series 2007 -0A3 Mortgage Pass Through Certificates "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 Certificate of Sale RECEIVED 5/24/2011 at 11:32 AM Penny 10-05084 Page 1of7 RECEIVING 959398 BOOK: 767 PAGE: 70 JEANNE WAGNER inirni ni rill IMTV rI FIRK KFMMERER. WY 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 $244,800.00 "Bid Sum which was bid and offered by HSBC Bank USA, N.A., as Trustee of the Deutsche AIt -A Mortgage Loan Trust, Series 2007 -0A3 Mortgage Pass Through Certificates "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 $3,550.81 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. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na e: John Stetzenbach Title: Deputy Sheriff 000071 Certificate of Sale Penny 10 -05084 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVA NA L. COUNTY OF LINCOLN My Commission Expires RALL NOTARY PUBLIC STATE OF WYOMING 6,0 Notary Public 000072 Certificate of Sale Penny 10 -05084 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan Ihle 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 March 15, 2007 (the "Mortgage and recorded on March 20, 2007, at Reception No. 927716 in Book 651 at Page 728 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 Alison A. Penny and Dustin Q. Penny "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: HSBC Bank USA, N.A., as Trustee of the Deutsche AIt -A Mortgage Loan Trust, Series 2007 -0A3 Mortgage Pass Through Certificates Assignment dated: August 9, 2010 Assignment recorded: August 18, 2010 Assignment recording information: at Reception No. 954987 in Book 752 at Page 288 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: 71969009843000685384 CERTIFIED MAIL NO. FSN: 71969009843000693709 Alison A. Penny 149 Larkspur Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000685360 CERTIFIED MAIL NO. FSN: 71969009843000693723 Dustin Q. Penny 149 Larkspur Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 70102780000105767944 CERTIFIED MAIL NO. FSN: 70101870000102330986 HSBC Bank USA, N.A., as Trustee of the Deutsche Alt -A Mortgage Loan Trust, Series 2007 -0A3 Mortgage Pass Through Certificates 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 COSPkg EXHIBIT A 000073 SS CERTIFIED MAIL NO. NOI: 71969009843000685377 CERTIFIED MAIL NO. FSN: 71969009843000693747 Alison A. Penny PO Box 3432 Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71969009843000685353 CERTIFIED MAIL NO. FSN: 71969009843000693754 Dustin Q. Penny PO Box 3432 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000685346 CERTIFIED MAIL NO. FSN: 71969009843000693778 Occupant 149 Larkspur Drive Alpine, WY 83128 Certificate of Sale Penny 10 -05084 Page 4 of 7 000074 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 COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Mega !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on /7 day of May 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. (Signs ure of not rial officer) ,o%ry /,G Title (and Rank) My commission expires: 5 Certificate of Sale Penny 10 -05084 Page5of7 REAS, defaultwan the p of prti cipal.iand i nterest has oc- cu e 15;' d under the Germs of a Sro ss ry note tie "Note �,Catedf March 0tl e x e cuted and `le verei by Alison A.�en h a nd Dustin ch �a>y Electronic ;Re�istratlon',Systems, a i�eeforCo ank,F,SB,Randareal e'') e a tirdod ott y M rc 2 Q, ;12007 at Re ception therecord's of th e.offi c e of the eeds in andifor L' "ineoln'County value as foliows: was t'assl on vatd'. No :927 County Clerk.and ex -o State of Wyoming ;an' Assi 752' at Page' All,in t KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming f, het t securing the N o t e, which'Mortgage elive ted by said lvTdf tgagor(s) to sai Mortgagee, sex- officio Register of Deeds 4 ortgage conta a power of salewhich bytreason rtgag c()' )ares t -have become operative, and no by the 1Vl o;tgag orr been institntedxand the°same d eontiiiu d; thtd -,s:i to the date of the first pub t of this' otice'in the am oun t ot'''' 9 58, plu attorney fees; costws ex anflhie ges, a t er the date:of f i 1, bf the notic ripe »eelosecl upon may subject to other hens and encutnbrances that,w ipot�be ''extinguished`at,the. An 1pr'ospectiv purchaser sh ;,1f. :Ate. fthe;status; t before submitting aa,bic o a k <a� l' NOW THEREFORE, HSBCtBa USA, i`i A „as trustee o f<.the Deutsche }Alt A Mort Lo Trust Serie 2 0A3 Mortgage Pa ss Through Certific ,a tine lylbrtgagee Will have the Mortgage foreclosed as .by law provided big causing tkti?ortgaged property to be sold at public venue l y the aSherifE of De fluty "Sheri f in and for Lincoln +County,, Wyor ming to the, highest bi�dderiforr cash at 10 :00 o clock in the forenoon on 1V1ay 24, 2011 at the front door o I t he in o tyC r us located at 92 r a age;Ayen e� e e e a o Co ty, o ppl z on on the a sa age bove �l i® ss ec e by the Mo age, tirtt 'G prope L, WY( PTJBLTS es a5; 12,119, 2011110- 05084).' GOSPkg ounty Cler: PUBLISHER'S AFFIDAVIT ee,;ofk tk e Deutsche:A1t- gag Pass Through eceptionNt 954987 in`Book EXHIBIT B 3F 5379 0428; day of day of Notary Sig KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN y Michael -nsen, Pu.I Michael en, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County 01 A4L? State of Lincoln Wyoming My Commission Expires May 5, 2012 to re 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 "'t consecutive issues /weeks; the first publication being on the ZS 20 and the last publication being on the and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this 1 day of Certificate of Sale Penny 10 -05084 Page 6 of 7 0000`'5 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona /9 day of Stawiarski, LLC. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publicaiton Cost 2010 Publication Cost NOPP 2010 FTP Update x 2 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed EXHIBIT C AFFIDAVIT OF ATTORNEY ss 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 $3,550.81 as compensation for services actually rendered in the foreclosure proceeding. Total $3,550.81 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 i): YETH NAUGHT. r ,1' By: Meg. n Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Z; ;X 2011 by Megan Ihle as attorney of Castle (Sign tu of noyrial officer) /)1. ank) Title (and My commission expires: sysv COSPkg 600.00 1,128.00 132.96 8.00 469.20 500.25 125.00 455.40 50.00 26.00 11.00 10.00 10.00 Certificate of Sale Penny 10 -05084 Page 7 of 7 000076