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HomeMy WebLinkAbout9599366011119838 STATE OF WYOMING SS COUNTY OF LINCOLN CERTIFICATE OF SALE 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 October 25, 2006, executed and delivered by Jean A. Tew to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC its successors and assigns and (b) that certain mortgage dated October 25, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 27, 2006, at Reception No. 923815 in Book 638 at Page 416 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 18 HIALEAH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. DOCUMENT NO. 578121. with an address of 271 Hialeah Road, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00383 Assignee: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007 -HE4 Mortgage Pass Through Certificates, Series 2007 -HE4 Assignment dated: April 23, 2011 Assignment recorded: May 18, 2011 Assignment recording information: at Reception No. 959330 in Book 766 at Page 778 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, National Association, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2007 -HE4 Mortgage Pass Through Certificates, Series 2007 -HE4 "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 7/5/2011 at 10:53 AM RECEIVING 959936 BOOK: 768 PAGE: 835 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Tew 11 -03105 Page 1 of 7 000836 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 $128,250.00 "Bid Sum which was bid and offered by Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007 -HE4 Mortgage Pass Through Certificates, Series 2007 -HE4 "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 $2,070.46 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 July 5, 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 5th day of July 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: f Y• b Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Tew 11 -03105 Page 2 of 7 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 July 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Jenny Clarke Pu County of `y1 State of Lincoln Wyoming My Commission Expires q 000837 day of Certificate of Sale Tew 11 -03105 Page 3 of 7 STATE: OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Megan lhle 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 October 25, 2006 (the "Mortgage and recorded on October 27, 2006, at Reception No. 923815 in Book 638 at Page 416 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 Jean A. Tew "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007 -HE4 Mortgage Pass Through Certificates, Series 2007 -HE4 Assignment dated: April 23, 2011 Assignment recorded: May 18, 2011 Assignment recording information: at Reception No. 959330 in Book 766 at Page 778 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: 70101060000021401034 CERTIFIED MAIL NO. FSN: 70101870000102238237 Wells Fargo Bank, National Association, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007 -HE4 Mortgage Pass Through Certificates, Series 2007 -HE4 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000712547 CERTIFIED MAIL NO. FSN: 71969009843000719157 OCCUPANT 271 Hialeah Road Afton, WY 83110* COSPkg Certificate of Sale Tew 11 -03105 Page 4 of 7 000838 CERTIFIED MAIL NO. NOI: 71969009843000712530 CERTIFIED MAIL NO. FSN: 71969009843000719164 Jean A. Tew 271 Hialeah Road Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000712523 CERTIFIED MAIL NO. FSN: 71969009843000719171 Jean A. Tew 972 Road 11 Powell, WY 82435 -9218* CERTIFIED MAIL NO. NOI: 71969009843000712516 CERTIFIED MAIL NO. FSN: 71969009843000719188 Jean A. Tew PO Box 111 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 70101060000021401027 CERTIFIED MAIL NO. FSN: 71969009843000719195 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834* CERTIFIED MAIL NO. NOI: 71969009843000712509 CERTIFIED MAIL NO. FSN: 71969009843000719201 Intervale Mortgage Corporation 815 Reservoir Avenue Cranston, RI 02910* 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 My commission expires: 1 '1 9 x COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex fires Jan 19 2015 8y: Megath !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 0 day of q 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. 4 (Signature of notarial officer) Title (and R n'k) Certificate of Sale Tew 11 -03105 Page 5 of 7 000839 FORECLOSURE SQ;,LE NOTICE WHEREAS, default in the payment of pnucipal and ttintereSthas r oc curred underthe terms of a pronissory,note. (the "IOte'') dated October 25, 2006, executed and delivered 'by' Jean gagpr(fs)" 'to Mortgage Electronic Registration Systems, Inc as rionnineeora:Decx sion One Mortgage Company, +LLC its successors. and assigns .and "a: real estate mortgage (the "Mortgage of the same., date'secu ring „the.Note which Mortgage was executed and delivered;by” said lvtortgagor(s) to said Mortgagee, and which Mortgage was recorded Ott October 27, 2006 at Reception No 923815 in Book 6a8 at.Page416?in,the records.of:th e office of the County Clerk and ex- officio Register;rof:Deeds,'in and. for Lincoln County, State of Wyoming; and WHEREAS, the mortgage. was assigned for value as foliows: Assignee: Wells Fargo Bank, National Association,. as,,Trustee for Morgan Stanley ABS Capital I Inc Trust 200741E4 Mortgage Pass Through Certificates, Series 2007. .7IE4 Assignment dated: April 23 2011 Assignment recorded: May 18, 2011 Assignment recording,information:. at Rece 766 at Page 778 All in the records of the County;Cler_ in and for Lincoln County, Wyoming WHEREAS, the Mortgage contains a =power ofsale. which by reason of said 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 anypart thereof, nor has. any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of4 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 ten'(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 salebeing,tlie total sum of $185,414.38 which sum consists of thenunp principal balance of $148,405.13 plus interest accruedsto thesdate,of the first pub- lication of this notice in the amount of ,009.25, plus nttfar ys' ,fees, costs expended, and accruing tnte;rest a' first publication of tbis a s WHEREAS, The property being foreclosedion may Ire siject: to at'wil1 n ot be w shed at7 the sale. Any prospective purchaser should research other liens and encumbrances th the s of title be fore submitting a bid; t NOW, THEREFORE .W( lls Fargo Bank, National $soc Ion as Trustee for Morgan StanleyABS Capital 1 Inc Trust 2007 k Pass-Through Certificates, Series 2007 HL4 as the Ivloittga ee, il e the Mortgage foreclosed as by law provide by eau smg the mortgaged property to be sold at public venue by the ,Shen( of Deputy Sheriffiii and for Lincoln County, Wyoming to the highest bidder` for c at 10 :00 o'clock in the forenoon on July 5, 2011 at the fro ntdoor of the L ncoln County Courthouse located at 925 SagcAvenu Kemmerer, Lincoln County, for application�on the above-described amounts secured,by.the Mortgage; said mortgaged property being described.; as follows,: to -wit: LOT 18 HIALEAH SUBDIVISION „LINCO Y, WYO MING ASDESCRIBED ON TIE OrriCIAL PLAT THEREOF DOCU MENT NO 5781 with an address of 271,.Hialeah Road, Afton, V Together with all, improvements thereon'situa appurtenances thereto Wells Fargo Ban; National Asso ciation, PIT-plate, PUB KEMMERE:R GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming tionNo. 959330 in, officio Register of ISH: June 9 16 3 30 2011 11-03 e -ror Y ,e P ass Tough wertificatt s, S es 2007 By C astle Stawiars lci, (L C 330 S Walsh Drive, $te. 202, Stanley ABS Capital I Inc Trust. 2007 46 4' B PUBLISHER'S AFFIDAVIT ook eeds 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 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 9 day of UI If. 20(, and the last publication being on the 30 ,201( day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) sen ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Michael Je Publisher Subscribed in my presence and sworn to before me on this 30 day of WIC A.D., 20 11 Jensen, Publish otary Signat 000840 Tew 11 -03105 Page6of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan !hie, 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 $2,070.46 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 SAYETH NAUGHT. State of Wyoming County of Natrona My commission expires: 1 fig /J'- COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTP Update X 2 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed Total $2,070.46 O TARP PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA mmfssfan Ex. fres Jan 19 2015 By: Mega lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 0 day of 2011 by Megan lhle as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) Title (and Ran4�) 600.00 655.00 78.26 11.00 150.00 469.20 50.00 26.00 11.00 10.00 10.00 Certificate of Sale Tew 11 -03105 Page 7 of 7 000841