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HomeMy WebLinkAbout960120STATE OF WYOMING SS COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE 000523 1(1(1• Sl,,wwe, Tsr,►,, 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 May 10, 2005, executed and delivered by Lorin Z. Taylor to Mortgage Electronic Registration Systems, Inc., as nominee for Decision One Mortgage Company, LLC its successors and assigns and (b) that certain mortgage dated May 10, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 12, 2005, at Reception No. 908376 in Book 585 at Page 199 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: PART OF LOT 2 OF BLOCK 27 OF THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 8.5 RODS SOUTH FROM THE NORTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE SOUTH 3.5 RODS; THENCE EAST 10 RODS; THENCE NORTH 2 RODS; THENCE WEST 4 RODS; THENCE NORTH 1.5 RODS; THENCE WEST 6 RODS TO THE POINT OF BEGINNING. with an address of 531 Jefferson, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon fka the Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 BC1 Assignment dated: April 18, 2011 Assignment recorded: May 6, 2011 Assignment recording information: at Reception No. 959197 in Book 766 at Page 401 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, The Bank of New York Mellon fka the Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 -BC1 "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 Certificate of Sale RECEIVED 7/19/2011 at 11:13 AM Taylor 10- 13983R Page 1 of 7 RECEIVING 960120 BOOK: 769 PAGE: 523 JEANNE NER ....1 •uri nu coV VCRARACDCD 1AN 000524 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 23, 2011 issue of said newspaper and ending with the July 14, 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 19, 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 to3,ncc "Bid Sum which was bid and offered by The Bank of New York Mellon fka the Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 BC1 "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 $1,559.50 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 19, 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 Taylor 10- 13983R Page 2 of 7 000525 DATED at Kemmerer, Lincoln County, State of Wyoming, this lc& day of `5 ,1‘,, 2011. STATE: OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Jenny Carke'. Votary Public County of A State of Lincoln ri Wyoming My Commission Expires 1 Title: 5 0 4, 1 ACKNOWLEDGMENT SS Sheriff in and for Lincoln County, State of Wyoming The foregoing instrument was subscribed in my presence and acknowledged before me by d Deputy Sheriff of Lincoln County, State of yoming, this 19 day of 2011. Witness my hand and official seal. Certificate of Sale Taylor 10- 13983R Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00052 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 May 10, 2005 (the "Mortgage and recorded on May 12, 2005, at Reception No. 908376 in Book 585 at Page 199 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 Lorin Z. Taylor "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: The Bank of New York Mellon fka the Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 BC1 Assignment dated: April 18, 2011 Assignment recorded: May 6, 2011 Assignment recording information: at Reception No. 959197 in Book 766 at Page 401 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: 70101870000102239210 CERTIFIED MAIL NO. FSN: 70110470000202707127 The Bank of New York Mellon fka the Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset- Backed Certificates, Series 2006 -BC1 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000708687 CERTIFIED MAIL NO. FSN: 71969009843000730121 OCCUPANT 531 Jefferson Afton, WY 83110* COSPkg Certificate of Sale Taylor 10- 13983R Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000708670 CERTIFIED MAIL NO. FSN: 71969009843000730138 Lorin Z. Taylor 531 Jefferson Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000708663 CERTIFIED MAIL NO. FSN: 71969009843000730145 Lorin Z. Taylor PO Box 1008 Afton, WY 83110 -1008* CERTIFIED MAIL NO. N01: 71969009843000708656 CERTIFIED MAIL NO. FSN: 71969009843000730152 1st Bank P.O. Box 1620 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 17, 2011 and the date of the first publication of the notice of foreclosure sale was June 23, 2011. State of Wyoming County of Natrona i f _day of Stawiarski, LLC. ti NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19 2015 COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle My commission expires: 1-, q -/J y: Megan le Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 ��P Q ire `)-7 (Signature of notarial officer) Title (and Ra k) 000527 Certificate of Sale Taylor 10- 13983R Page5of7 ores situate all fixture§ and WHERE oyes ed and 1.0 2005, executed, to Mortgage 'Bleary sion OnertMlorti estate niort Which Mo Said W at Rece office o f Lincoln'C WH? ,sui ee l insi W HEREAS,' written advertisement and sF party inApossession o f to, the comix erncemeli[ Mortgage*thei datl total sum df 4 `balance of $8' 75 lication of this notice 1 costs ,exile s o acked ortgage', foreClio operty arid fur o'clocl in` June 23, •30 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming D FOR ECLOSURE' SAL NOTICE e f ault in" °the °payments of principal and interest has le is o£ a promissory note,(the Note dated May ands (113y Lorin Z Saylor h( `Mortgagor(s) R istrat on Systems, y c., §as n nee for Decio pang, I LC its successors and assigns 'and a red Io�rtg'a ge of the, e date securing, the Note, deliverer by said' M ortgagor(s), to ;e was decor ed on May 12, 5 at P'ag in the records of 2005 the eeds inand for ii)s` power r of sale which by reason es to }ave ;become operative, and no; °o recover the debt secured such snit or rt reeding notice x 0 i x u close,ttte Mortg by as been se 1 cod ow ne r a nd the m o rt gage d e ttii s tf the'a ten (10) day 's p rior s publication and mount due'up on the rst ;publication 'of'this 'notice of sale being the Tell sum consists of tbe,unpaid ',principal drest•accrued to" the date of the .first pub oUnt of $14 054.74, plus attorneys'. fees, iterest °and,late ch ar'ges aft the date of n. maybesub to at will, clot be extinguished at the'sale. 'a,` research the status `of'title b efore of New York Mellon fka the,Ban ifcateholdets CWABS Inc. Asse as the ;Mortgagee will have tle y causing the mortgaged "riff or Deputy Sheriff in er fox'cas+ obr of coin coin the oftiNew York, as .Trust Asset Backed Certificates, Series 2006 -BC1, EXHIBIT B PUBLISHER'S AFFIDAVIT 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 4 newspaper for the full 4 period of consecutive issues /weeks; the first publication being on the Z3 day of 20 I i and the last and the last publication being on the 14 day of 20 t and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING Michael Je se Publisher ROSEMARY CAPELLEN NOTARY PUBLIC State of Lincoln Wyoming F Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this t-4 day of j A.D., 2Q l 1 en, Publisher. Not.ry Signature STATE OF WYOMING )ss. COUNTY OF LINCOLN C 00G528 rage o OT r STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 000529 Megan lhle, 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 $1,559.50 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee FTP update x 4 Record AOM Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed PUB COST FSN 600,00 55.90 275.00 11.00 50.00 26.00 11.00 10.00 10.00 510.60 Total $1,559.50 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 AFFIANTdY,ETH NAUGHT. State of Wyoming County of Natrona 1 L l _day of Stawiarski, LLC. COSPkg ti y NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.irns Jan 19 2015 a My commission expires: 9 /s_ Jur) 412j? '✓By: Mega Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle k (Signature of notarial officer) Title (and Rahk) Certificate of Sale Taylor 10- 13983R Page 7 of 7