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HomeMy WebLinkAbout9595666011019{73 0006P4 2 CORRECTIVE CERTIFICATE OF SALE *This Corrective Certificate of Sale is being recorded to correct Successful Bidder name on Page 2 of the Corrective Certificate of Sale recorded October 1, 2010 at Reception No. 955808 in Book 754 at Page 824. STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson SS upon his oath,'states and certifies as follows: of lawful age, being first duly sworn 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 February 6, 2003, executed and delivered by Sean P. Cooney and Melissa Cooney to Argent Mortgage Company, LLC and (b) that certain mortgage dated February 6, 2003 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 18, 2003, at Reception No. 887884 in Book 512 at Page 896 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 9, STAR VALLEY RANCH PLAT 11, ACCORDING TO THE OFFICIAL PLAT OF RECORD AS PLATTED AND FILED IN THE OFFICE OF THE COUNTY CLERK, LINCOLN COUNTY, WYOMING with an address of 316 Vista East Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 Assignment dated: December 22, 2008 Assignment recorded: December 30, 2008 Assignment recording information: at Reception No. 944411 in Book 712 at Page 164 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, Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 "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. COSPkg RECEIVED 6/7/2011 at 3:35 PM RECEIVING 959566 BOOK: 767 PAGE: 684 JEANNE 1 =R 1 INC:nI N C'.nl INTY CI FRK KFMMERER WY Certificate of Sale Cooney 08 -24471 Page 1 of 7 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 1, 2010 issue of said newspaper and ending with the April 22, 2010 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 April 27, 2010 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 $187,112.70 "Bid Sum which was bid and offered by US Bank National Association, as Trustee for the C -BASS Mortgage Loan Asset Backed Certificates, Series 2007 -RP1 "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 $4,772.38 is to be paid to Castle, Meinhold, Stawiarski Legal Services, 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 April 27, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Cooney 08 -24471 Page 2 of 7 0006 5 ()WAR; DATED at Kemmerer, Lincoln County, State of Wyoming, this 7th day of June 2011. STATE OF COUNTY OF WYOMING LINCOLN My Commission Expires: COSPkg SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Micah Rigby Title: ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of June 2011. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING Expires 41) -V L5 My Commission Expires Witness my hand and official seal. (15 Notary Public Certificate of Sale Cooney 08 -24471 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS ©006'7 Danette Baldacci 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, Meinhold, Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated February 6, 2003 (the "Mortgage and recorded on February 18, 2003, at Reception No. 887884 in Book 512 at Page 896 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 Sean P. Cooney and Melissa Cooney "Mortgagor(s) the named mortgagor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for ABFC 2004 -OPT5 Trust, ABFC Asset Backed Certificates, Series 2004 -OPT5 Assignment dated: December 22, 2008 Assignment recorded: December 30, 2008 Assignment recording information: at Reception No. 944411 in Book 712 at Page 164 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: 71786575345000406248 CERTIFIED MAIL NO. FSN: 71786575345000410696 Sean P. Cooney 316 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406279 CERTIFIED MAIL NO. FSN: 71786575345000410726 Tony's Glass, Inc. c/o Bowers Law Firm, PC P.O. Box 1550 Afton, WY 83110 COSPkg CERTIFIED MAIL NO. NOI: 71786575345000406255 CERTIFIED MAIL NO. FSN: 71786575345000410702 Melissa Cooney 316 Vista East Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 70092820000264283386 CERTIFIED MAIL NO. N01: 71786575345000406262 CERTIFIED MAIL NO. FSN: 70092820000264283904 CERTIFIED MAIL NO, FSN: 71786575345000410719 US Bank National Association, as Trustee for the C -BASS Occupant Mortgage Loan Asset Backed Certificates, Series 2007 -RP1 316 Vista East Drive 4828 Loop Central Drive Thayne, WY 83127 Houston, TX 77081 CERTIFIED MAIL NO. NO 71786575345000406286 CERTIFIED MAIL NO. FSN: 71786575345000410733 Tony's Glass, Inc. 190 Osmand St. P.O. Box 408 Thayne, WY 83127 Certificate of Sale Cooney 08 -24471 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71786575345000406293 CERTIFIED MAIL NO. FSN: 71786575345000410740 Kelly Currier P.O. Box 9411 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000406316 CERTIFIED MAIL NO. FSN: 71786575345000410764 Melissa Cooney P.O. Box 1080 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406330 CERTIFIED MAIL NO. FSN: 71786575345000410788 Darren W. Rosenbaum P.O. Box 102 Grover, WY 83122 CERTIFIED MAIL NO. NOI: 71786575345000406354 CERTIFIED MAIL NO. FSN: 71786575345000410801 Harvest Credit Management VII P.O. Box 949 Kemmerer, WY 83101 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: 2 Z.-CD 00068E3 CERTIFIED MAIL NO. NOI: 71786575345000406309 CERTIFIED MAIL NO. FSN: 71786575345000410757 Teton Truss, Inc. 108577 Highway 90 Etna, WY 83118 CERTIFIED MAIL NO. N01: 71786575345000406323 CERTIFIED MAIL NO. FSN: 71786575345000410771 Sean Cooney P.O. Box 1080 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71786575345000406347 CERTIFIED MAIL NO. FSN: 71786575345000410795 Jeffrey Roberts P.O. Box 5287 Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71786575345000406361 CERTIFIED MAIL NO. FSN: 71786575345000410818 Lincoln County Treasurer P.O. Box 630 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 19, 2010 and the date of the first publication of the notice of foreclosure sale was April 1, 2010. Castle, Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of J (,ui 2011 by Danette Baldacci as attorney of Castle, Stawiarski, LLC. t4 (Signature of notarial officer) Ni3 Y i iq�LIiG Title (and F_Ra'nk) ISLIC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission E%pin:s Feb 20 2012 Certificate of Sale Cooney 08 -24471 Page 5 of 7 FORECLOSURE, SALE NOTICE WHEREAS, default in the payment ofprincipal`and intere has oc_ under the ..terms Eef a promissory note "N dated Febru xecuted sik tndehyered by Sean P Cooney (the and Melissa Cooney,. 1Vtortgag toArgent 1y1o ltgage Company LLC, and a real estate e mortgage (the "Mortgage o the same date's ecuring the Note, which Mortgage was °exec uted and' "delive ed b y said gages, and which`Mortgage recorded on February 18,2003 at R ception 'No 887884 in'Book 512 at Page 8"96' ^in the records o fth e o ffice;; of the County Clerk and`ex- officio Register of Deeds in and•for Lincoln County, State of Wyoming and HER `AS, the fn ortgage as assigned for value as follows 'Assi nee' S Bank National Association, as Trusteefotthe C BASS Mortgage T oan Asset Backed Cer ficates,7Series.2007 RP1 Assignment dated: December 22 2008 Assignmentkecorded December 00, 2008 Assignment recording ormation at Reception No 944411 in,Book 7,72 atPag 164 All in the records of tb e County Clerk and ex officio Register of Deed in; and for Lincoln County, Wyoming W TTERAS, the Mortgage contains a power of,sale which; by reason ofsaid'default, the Mortgagee declares to have become operative, and no suitor proceeding,has been. instituted at law" °to recover. the debt secured by the Mortgage "or any part; thereof,; nor has Any such suit or proceeding been instituted,and;the same discontinued; and WHERREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served, upon the record owner and the party m possession "of tine mortgaged premises at ieast ten (10) days prior to the comtnencei ent of th €s publication, and the amount due upon the Mortgage on the date first publicati n of tthis'notice ofwsale e tota bing the l sum "of $185,056 42 which�sum con of the u principal bat- ance of $149021.02 plus interesf acerited"to the date'of iii :T rst publics= tion of :notice in the amount $3 40,plusCattorneys' °fees, costs expended, ;and accruing interest ,.and late charges. after the date of first publication of this notice of sale, x:, `cWHEREAS, TheApropertybein m g'foreclosed upon' ay be'subject tb ot„+tier sliens and encumbrances "hat' will notibe 'extinguished at C ie Sale. Any'prospectivekpurchaser` "should`rese ch he status,of 0t)e be ore sub» m%ttmg abid o NOW, TI REFORE US Bank. National Association a Trustee for ie C BASS Mortgage, LoanAsset;Backec Ce cates;,Series 2007, RP1, as the Mortgagee, will haw the Mortgage f oreclosed as by law provided by.causing tine mortgaged property to Abe` sold at"public venue by the Sheriff or Deputy,? She riff in ,and,for Lincoln` County, Wyoming ;to the highest bidder f or:cash :at 10;06 o 'clock in the fo renoon•on April 27,'2010 °a tin front door! pf the,Lmcoln County,;,Coytthouse ,located at, 925 Sage Av eriue e e Wt Litrcoli Count, for altPiicahoii on the, above -de= sc b a iii s i� ured ?Y e „l�° ge;v mortgaged property be, rats desorlbed as fo`�ldws, Eto; arit AT 11, ACCOI b'FIC1AL PLAT O ASfP,L�+A TED AND i FILED M O'FICE' OF THE; COUNTY CLERK, LINCOLN COUNT ING. with any address of 316 Vista��East Drive l hayne, WY $3.127. Together with ^all improvements,; thereon situate and all'�fixtures appurtenancesthe eto i U$ Bank Nati Association, as Trustee es for the -BASS Mort Looan A sset- Baciced.Certificat, Series 2007 -RP1 B y: Danette aldacci Castle tivleinliolcl Stawiarski Leg Services, LLC 330 S. Walsh 2Q2 Casper, WY 82609 -0 70 (307) 333 Drive 5379 71). 0401 D KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISH: April 1, 8,' 1 ISU i 22, 2010;(08 -2 EXHIBIT B PUBLISHER'S AFFIDAVIT 0006E19 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Jensen, Publi•h A.D., 20 I 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 period of -4 consecutive the first publication being on the day of and the last p day of for the full issues /weeks; 20 lication being on the 2-.2 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) INLIA Michael Jensen, her ROSEMARY CAPELLEN -NOTARY PUBUC County of State of Lincoln WYmnla; My Commission Expires Mey 5, 2012 Subscribed in my presence and sworn to before me on this r g day of &4 I1 Ill. Notary Sign u e 'v rciiiiiC: die of �7dlc Cooney 08 -24471 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Danette Baldacci, 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, Meinhold, Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $4,772.38 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) 600.00 Title Commitment 655.00 Postage 234.08 Photocopies 28.70 Statutory Notice Fee 494.00 Record AOM 11.00 Postage Record AOM 16.50 Publication Cost (Prior FSN's) 1,745.70 FTP Update x 4 425.00 Publication Cost 455.40 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Sheriffs Deed 11.00 Sheriffs Fee Sale 10.00 Sheriffs Fee Costs 10.00 Total $4,772.38 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, Meinhold, Stawiarski Legal Services, 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 S A TH U a T. y: nette Ba oa i Castle, Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona My commission expires 2/2,011Z. ©00690 This instrument was acknowledged before me on Z day of j I ne. 2011 by Danette Baldacci as attorney of Castle, Stawiarski, LLC. 1. (Signature of notarial officer) Into, 't ti ;ID IG Title (ancLRank) iW PUBLIC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission Ex tree Fob 20 2012 Certificate of Sale Cooney 08 -24471 Page 7 of 7