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Home My WebLink About9599346011019707 COSPkg CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 000821 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 19, 2007, executed and delivered by Martin Tracy and Suzanne Tracy to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation its successors and assigns and (b) that certain mortgage dated March 19, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 21, 2007, at Reception No. 927775 in Book 652 at Page 64 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: PARCEL 1: UNIT 3 OF MOUNTAIN HEIGHTS CONDOMINIUMS, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT CERTAIN PLAT FILED MAY 24, 2006 IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 132 -C, INSTRUMENT NO. 918750. AND IN THAT CERTAIN CORRECTED PLAT FILED SEPTEMBER 25, 2006 IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO. 132 -D, INSTRUMENT NO. 922775. PARCEL 2: EASEMENT AS NOTED IN THAT CERTAIN LAND USE EASEMENT FILED IN THE OFFICE OF THE LINCOLN COUNTY CLERK, RECORDED DECEMBER 22, 2003, AS RECEIVING 896100, IN BOOK 544 P.R., ON PAGE 412, AND IN THAT CERTAIN CORRECTIVE EASEMENT AGREEMENT FILED IN SAID OFFICE, RECORDED MARCH 31, 2006, AS RECEIVING 917136, IN BOOK 615 P.R., ON PAGE 687. PARCEL 3: EASEMENT AS NOTED IN THAT CERTAIN LAND USE EASEMENT FILED IN THE OFFICE OF THE LINCOLN COUNTY CLERK, RECORDED DECEMBER 22, 2003, AS RECEIVING 896101, IN BOOK 544 P.R., ON PAGE 413. with an address of 59 Star Lane, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: April 21, 2011 Assignment recorded: May 6, 2011 Assignment recording information: at Reception No. 959196 in Book 766 at Page 399 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. RECEIVED 7/5/2011 at 10:44 AM RECEIVING 959934 BOOK: 768 PAGE: 821 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Tracy 10 -25653 Page 1 of 7 000822 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, MetLife Home Loans, a division of MetLife Bank, N.A. "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 (4) consecutive weeks, commencing with the June 9, 2011 issue of said newspaper and ending with the June 30, 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 July 5, 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 loo "Bid Sum which was bid and offered by MetLife Home Loans, a division of MetLife Bank, N.A. "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 $2,091.64 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 alt fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after July 5, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Tracy 10 -25653 Page 2 of 7 000823 DATED at Kemmerer, Lincoln County, State of Wyoming, this 5th day of July 2011. STATE OF COUNTY OF WYOMING LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 5th day of July 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 7 Print Name: Micah Rigby Title: Deputy Sheriff ota u P b ig Jenny Iwic t�terYublle State of Wyoming My Commission Expires C ount, o Lincoln Certificate of Sale Tracy 10 -25653 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000824 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 March 19, 2007 (the "Mortgage and recorded on March 21, 2007, at Reception No. 927775 in Book 652 at Page 64 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 Martin Tracy and Suzanne Tracy "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. Assignment dated: April 21, 2011 Assignment recorded: May 6, 2011 Assignment recording information: at Reception No. 959196 in Book 766 at Page 399 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: 70101060000021400983 CERTIFIED MAIL NO. FSN: 71969009843000719331 MetLife Home Loans, a division of MetLife Bank, N.A. 4000 Horizon Way Suite 100 Irving, TX 75063* CERTIFIED MAIL NO. NOI: 71969009843000712356 CERTIFIED MAIL NO. FSN: 71969009843000719348 Martin Tracy 8815 S. Decatur Blvd Las Vegas, NV 89139 4553* CERTIFIED MAIL NO. NOI: 71969009843000712349 CERTIFIED MAIL NO. FSN: 71969009843000719355 Martin Tracy 4143 El Oro Street Las Vegas, NV 89121* COSPkg Certificate of Sale Tracy 10 -25653 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000712332 CERTIFIED MAIL NO. FSN: 71969009843000719362 Martin Tracy 59 Star Lane Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000712325 CERTIFIED MAIL NO. FSN: 71969009843000719379 Suzanne Tracy 59 Star Lane Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000712318 CERTIFIED MAIL NO. FSN: 71969009843000719386 Suzanne Tracy 8815 S. Decatur Blvd Las Vegas, NV 89139 -7553* CERTIFIED MAIL NO. NOI: 71969009843000712301 CERTIFIED MAIL NO. FSN: 71969009843000719393 Suzanne Tracy 4143 El Oro Street Las Vegas, NV 89121* CERTIFIED MAIL NO. NOI: 71969009843000712295 CERTIFIED MAIL NO. FSN: 71969009843000719409 OCCUPANT 59 Star Lane Afton, WY 83110* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 24, 2011 and the date of the first publication of the notice of foreclosure sale was June 9, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 0 _day of 2011 by Megan Ihle as attorney of Castle Stawiarski LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ins Jan 19 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. y: Megan le Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and ark) Certificate of Sale Tracy 10 -25653 Page 5 of 7 000825 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT FORECLOSURE SALE Ni WHEREAS, default in the, payment of princi arts interest has oc curred under the terms, of a promissory note (they` Note's) 1V $arch 19, 2007, executed and delivered by Martin Trac aci Suz Tracy "Mortgagor(s) to Mortgage Electronic R System Inc.,�as% nominee for First Horizon Home Lo its successors and assigns, and a real est mortgage (the Mortgage) of the same date March securing the ote, which Mortg;ge was.eicecuteBod and 652 deliv a t e Page edy said M 21 r(s)N, 2007 to at said Mortgagee, and 927775 which Mortgage ok was recorded 64 on 21 in i the records of the office of the County Clerk and ex-officio Register of Deeds in and for County, State of Wyoming; and WHEREAS, the mortgage was assigned for value as follows; Assignee: MetLife Home Lo ans, a division of �MetLiixe Bank Assignment dated: April 21 2011 Assignment recorded: May 6, 2011 Assignment recording information'atReception^No 766 at Page 399 All in the records of the County Clerk xand{ex officio Regist Deeds in and for Lincoln County, Wyoming ti k WHEREAS, the Mortgage contains a poWerrof sale whi h reason of said default, the Mortgagee declares to have become operative, and no' suit or 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 smile discontinued and WHEREAS, written notice of'intent"to foreclose the Mortgage by advertisement and sale has been'" served upon the record owner and the party in possession of the mortgaged premises at least tea (10) days prior to the commencement of this publication, "and the amount due upon the Mortgage on the date of =first publication` of this "notice of sale being the total sum of $156,996.70 which sure consists of the unpaid principal balance of $147,109.19 plus interest accrued to the date of °the� first "Pub- lication of this notice in the amount of $9,887 51,'splus attbitie$ fees, costs expended, and accruing interest and late charges after'the date of first publication of this notice `of sale; .w WHEREAS, The property being foreclosed upon maybe subject to other liens and encumbrances that will not'.` be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; 5 NOW; THEREFORE MetLife Home Loans, a division of;Me`tLife Bank, N.A., as the Mortgagee,' will have the Mortgage foreclosed as by law provided by causing the mortgaged property to'be sold atpublic Venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest' bidder for`cash at 10:00 o'clock in the forenoon bnJu"ly 5, 2011 at the front door of the. Lincoln County Courthouse located 925 Sage Avenue, Kemmerer, WY, Lincoln County, ifor a on the above described amounts secured by the Mortgage said molrtgaged property being described as follows, to -wit: PARCEL 1: UNIT 3 OF MOUNTAIN HEIGHTS CONDOMIINIUMS, LINCOLN COUNTY, WYOMING ACCORDIN G TO THAT CERTAIN PLAT FILED MAY 24, 2006 IN "'THE °OFJr10E O F THE''COUNT Y CLERK AS` PLAT NO. 132-C, INSTRUMENT NO. fl918 S(Il .4N1') TN THA CERTAIN CORRECTED' PLAT FIL D$ SEPTEMBERk25, `200 IN THE Olar10E° OF' THE COUNTY ;CLERK °AS'TLAT'zNO. 7132 -D INSTRUMENT NO; 92277,5. PARCEL 2: EA AS, NOTED IN THAT CERTAIN LAND USE EASEMENT FILED IN THE O1'FTCE OF -THE L1NC LN CO TY CLERK,` RECORDED DECEMBER t22' 2003, AS RE EW1NG 896100, INBOOK 544 PR., ON, PAGE` 412,`Al D INTHATCERTAJN CORRECTIVE EASEMENT AGREEMENT FILED 1N SAIID OFFICE; RECORDED MARCH 31 2006, AS RECEIVING 917131 ,1N BOOK 615 P.R., ON PAGE `687.'x" PARCEL, 3: EASEMENT AS NOTED IN THAT CERTAIN LAND USE EASEMENTFILED IN TI C O>~F10E "OF THE'LINCOLN C OUN Ty CLERK,° RECORDED DEC EMBER 2 2 2003 ''AS RECEIVING 544 P.R ;'`O PAGE '413. 896101, IN BOOK with an address of 59 Star Lade; Afton, W 83110 Together with all improvements thereon situate an d all fixtures `and appurtenances thereto. MetLife Horne Loans, a division of TyMetLife� Bartle tN.A. .r�ast1e to ki, LLC e, 202 C i 0000 1.5379 PUBLISH: June 9, 16, 23.30, 2011 (10 3 0609E'' EXHIBIT B ROSEMARY CAPELLEN NOTARY PUBLIC county ui $tat d Lincoln Commission Expires May 3, 2012 Michae! .en, Publisher Subscribed in my presence and sworn to before me on this w o day of ►l.t by I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 I day of ,YU: 20 t I and the last publication being on the 3O day of 14.1 20 t t and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 9 1,Uh0_, ael Jensen, Pub!' Notary Sign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN A.D., 20 000826 L:eirnucaie ui love Tracy 10 -25653 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 $2,091.64 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTPDD x 2 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign Cert of Sale Record Sheriffs Deed Sheriffs fee Sale Sheriffs fee Deed Total $2,091.64 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 ETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 _day of 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA I, slon Ex firms Jan 19 201 My commission expires: 119 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Yi T+-t MC I f c Title (and ark) By: Megan( Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) 600.00 585.00 89.44 11.00 150.00 538.20 50.00 26.00 11.00 11.00 10.00 10.00 000827 Certificate of Sale Tracy 10 -25653 Page 7 of 7