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HomeMy WebLinkAbout9594696011119913 STATE OF WYOMING COUNTY OF LINCOLN follows: CERTIFICATE OF SALE :Ss 000333 M. Shane Johnson I, being 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 September 8, 2005, the "Mortgage securing said note, which Mortgage was given by EMMETT MAVY AND ROMINA MAVY, HUSBAND AND WIFE, mortgagor(s), to said mortgagee, OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, and was recorded September 20, 2005, as Entry Number 912054 in Book 598, Page 539, 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 6, GREYS RIVER VILLAGE ADDITION TO THE TOWN OF ALPINE, WITHIN THE NW1 /4SW1 /4 OF SECTION 28 AND NE1 /4SE1/4 OF SECTION 29, T37N, R118W, ACCORDING TO THAT PLAT FILED IN THE OFFICE OF COUNTY CLERK, LINCOLN COUNTY, WYOMING. with an address of: 468 Greys River Loop, Alpine, WY 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: Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006 -OPT2, Mortgage Pass Through Certificates, Series 2006 -OPT2 Assignment recorded: May 5, 2011 Assignment recording information: Document No. 959177 in Book 766, Page 289 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 5/31/2011 at 10:40 AM RECEIVING 959469 BOOK: 767 PAGE: 333 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000334 4. That the power of sale contained in the Mortgage, having been made operative by reason of such default, Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006 -OPT2, Mortgage Pass Through Certificates, Series 2006 -OPT2( "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 May 5, 2011 issue of said newspaper and ending with the May 26, 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 May 23, 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 $140,000.00 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006 -OPT2, Mortgage Pass Through Certificates, Series 2006 -OPT2( "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 $1,534.96 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. 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 31, 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 31st day of May 2011 in LINCOLN County, State of :ss M. Shane Johnson Sheriff in and for LINCOLN County, State of Wyoming ACKNOWLEDGMENT Print Name: Micah Rigby Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me b Micah Rigby Deputy Sheriff of LINCOLN County, State of Wyoming, this 31st day of May ,2b1l. Witness myand and official seal f 000335 STATE OF UTAH :ss COUNTY OF SALT LAKE EXHIBIT "A" 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 Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006 -OPT2, Mortgage Pass Through Certificates, Series 2006 OPT2 in a procedure to foreclose a certain real estate mortgage dated September 8, 2005 and recorded on September 20, 2005, as Instrument No. 912054 in Book 598, Page 539, (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 EMMETT MAVY AND ROMINA MAVY, HUSBAND AND WIFE,( "Mortgagors and OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, "Mortgagee entered into a mortgage which mortgage was assigned as follows: AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE James H. Woodall of lawful age, being first duly sworn upon his oath deposes and says: The mortgage was assigned for value as follows: Assignor: Option One Mortgage Corporation, a California Corporation Assignee: Deutsche Bank National Trust Company, as Trustee for HSI Asset Securitization Corporation Trust 2006 -OPT2, Mortgage Pass Through Certificates, Series 2006 -OPT2 Assignment recorded: May 5, 2011 Assignment recording information: Document No. 959177 in Book 766, Page 289 000336 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 April 20, 2011 and the date of t first publication of the notice of the foreclosure sale was May 5, 2011. STATE OF UTAH COUNTY OF SALT LAKE James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. DATED this :ss This instrument was acknowledged before me on this day of May 2011. H. OF 08 Ri th J Jame LA 10 So (801 oodall ICES OF JAMES H. WOODALL, PLLC er Front Parkway, Suite 175 dan, Utah 84095 54 -9450 \1OTARY PUBLIC 000337 day of May 2011 by m Ir D t= rR O D D 0 �o 0 D rI D D D D r-i ra ra r-q D P- CERTIFIIIIIIIIMILm RECEIPT (Domestic Ma n y; o Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endore.r. Ro,.,a.e,4r Emmett Mavy Total 468 Greys River Loop sent Alpine, WY 83128 Street, or PO City, S. Postage Certified Fee PS Form 3800. August 2006 See Reverse for. Instructions U.S. Postal ServiceT CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Occupant Sent 71 468 Greys River Loop Street; Alpine, WY 83128 or POE City, St Restricted Delivery Fee D (Endc rq Romina Mavy D Tot PO Box 3821 Sent Alpine, WY 83128 D Stree N or P( City, L_._, PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come OFFICIAL USE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Postmark Here PS Form 3800, August 2006 See Reverse for Instruction's e Postmark Here N m Ir -u D D rR 0 0 0 ra a 0 r--1 ra 0 m n"r ..n IT -n 0 0 0 0 0 0 r-q r-4 0 r-R r-1 D 3 a -n rr 0 0 r-q 0 D D 0 r-q 0 r-9 a 0 Stre• or P City, CERTIFIED MAL REC (Domestic. Mail Only; No Insurance Co F ovided) For delivery information visit our website at www.usps.com® Postage Certified Fee ILIA USE (Er R (Er SE oerum Roraint Fee Romina Mavy 468 Greys River Loop Alpine, WY 83128 Street, Apt. No.; or PO Box No. City, State, ZIP +4 Here 000338 P5 Form 3800, August 2006 See Reverse for Instructions. U.S. Postal Service,. CERTIFIED MAILTM 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 Restricted Delivery Fee (Endorse Emmett Mavy Totatf PO Box 3821 Sent To Alpine, WY 83128 Street, or PO City, Sta._, PS Form 3800, August 2006 See Reverse for Instructions' U.S. Postal Service T CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.porri© OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsement Required) To Option One Mortgage Corporation 3 Ada Sem Irvine, CA 92618 P5 Form 3800, August 2006 See Reverse for Instructions, D a a a D U.S. Postal Service CERTIFIED MAIL. Rt i ,r'T eri (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsr The Jackson State Bank Trust Total F PO Box 1788 Sent To 50 Buffalo Way Street, Jackson, WY 83001 or PO B. C ity, Stat_, PS Form 3800, August 2006 See Reverse tor Instructions secutive Tb�e abo' the front Avenw "tl OF WYE until a rate 1„SME an (jilt s theunpaid Tire pro'' Lens and enr Pp r ��"Y!1 submit 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 5 day of Y\ta 20 ti and the last publication being on the a day of C.i.0 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael sen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County d State of Lincoln G' Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this rr: day of 20 0.11;14416; (in Notary SiM ture 000340 STATE OF UTAH COUNTY OF SALT LAKE 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 $1,534.96 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 admittedlto practice in the State of Wyoming. 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: Attorney Fees 600.00 Title Commitment 352.00 Mailings Fee 77.56 Publication Cost 386.40 Assignment 8.00 Title Company to attend 50.00 Recording costs 41.00 Sheriffs fee to conduct sale 10.00 Sheriffs Deed 10.00 TOTAL 1,534.96 DATED this day of May 2011. :SS This instrument was acknowledged before me on thisr7) day of May 2011 by James H. Woodall, attorney of the LAW OFFICES OF JAMES H. WOODALL, PLLC. PATRICIA C THOMAS Notary Public State of Utab Comm. No. 5781106• My Comm. EupJNS,prr L 8013 Ja s H. oodall CES OF JAMES H. WOODALL, PLLC 1 i) 808 Ri er Front Parkway, Suite 175 S►uth J.rdan, Utah 84095 (801 254 -9450 NOTARY PUBLIC 000341