HomeMy WebLinkAbout960961I, Bruce S. Asay, being first duly sworn to depose and state as follows:
1. I am an attorney duly licensed in the state of Wyoming to practice law and am
familiar with the prerequisites to foreclosure as contained in W.S. §34 -4 -101 et seq and
specifically in W.S. §34 -4 -103 and that the prerequisites have been accomplished in
regard to the foreclosure sale of Corey F. Dana and Andrea Dana, as published in the
County of Lincoln in the Star Valley Independent as required by the referenced statute.
Due to an intervening bankruptcy petition, two Affidavits of Publication are attached to
this affidavit. In addition, written Notices of Intent to Foreclose the Mortgage was served
upon Corey F. Dana and Andrea Dana, the record owners and persons in possession if
different, pursuant to statute, specifically W.S. 34 -4 -103 at least ten days prior to
publication as evidenced by a copy of the Notices as contained in the attachments.
2. As the prerequisites to foreclosure have been accomplished as contained in
W.S. §34 -4 -103, and that Notices of said foreclosure sale has been mailed to specific
parties, including the record owner and person in possession if different and subordinate
lienholders of record (if any), then published appropriately in a newspaper in Lincoln
County, Wyoming consistent with the requirements of W.S. §34 -4 -104, said foreclosure
sale is appropriate.
3. As an attorney licensed to practice law in the state of Wyoming, I would
provide this Affidavit consistent with W.S. 34 -4 -112 and request costs and expenses
associated with the sale: including the costs of advertisement ($761.25); record report
($125.00); Sheriff's fee ($10.00); photocopies, recording and postage ($12.38); additional
fees ($147.00), attorney's fee with agent's fee ($1900.00) as authorized by mortgage,
foreclosure sale agent ($75.00) and recording fees ($35.00).
4. Further the affiant would state that there has been and is no agreement, express
or implied, between the undersigned and his client, nor between him and any other person
except a practicing attorney in this state engaged with him as an attorney in the
foreclosure proceeding, for any sharing or division of fees so to be allowed or added to
the debt involved, and said fee when so allowed or added to the debt shall be only as
compensation for services actually rendered in the foreclosure proc ng by an attorney
admitted to practice in this state and residing therein.
FURTHER the affiant sayeth naught.
Dated this
RECEIVED 9/13/2011 at 11:23 AM
RECEIVING 960961
BOOK: 772 PAGE: 667
JEANNE WAGNER
AFFIDAVIT OF COUNSEL
day of September, 2011.
000667
B uce S. say
A. sociate s' Legal roup LLC
18, .ttol Avenue, Ste 203
Cheyenne, WY :2001
307 632 -2888
basay@associatedlegal.com
STATE OF WYOMING
COUNTY OF LARAMIE
ss.
Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce
S. Asay, this S day of September, 2011.
My Commission Expires:
aIl5Iao15
EMILY N. BATES NOTARY PUBLIC
COUNTY OF iF-- .,F ST47E OF
LARAMIE a w/ WYOMING
MY COMMISSION EX iS FEI3, 15, 2015
2 ,13at_7_4firilet_
Notary Pu tc
000668
I SARAH HALE, Managing Editor of the Star Valley Independent,
published weekly at Afton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and entire issue of said newspaper, and not in any supplement
thereof, for ep Gt, consecutive issues,
commencing with the issue date /9 2011, and
ending with issue dated 2011.
Subscr� and swo in before me this (x 1 day of
4,...
My commission expires August 31, 2013
NOTICE OF
FORECLOSURE SALE
WHEREAS, default in the pay-
ment of principal and interest
has occurred under the terms
of a real estate note dated June.
21, 2001 executed and delivered
by Corey F. Dana and Andrea
Dana, to Green Tree Servicing
LLC, f /k /a Conseco Finance
Servicing Corp. and a real estate
mortgage of the same date
securing the note which mort-
gage was recorded June 22,
2001, in Book 467 Page 184 in
the public records in the office
of the county clerk of Lincoln
County, Wyoming. The premis-
es that are described in the
Mortgage are as follows:
That part of the SE NE 1 of
Section 13, T34N R119W of the
6th P.M.,, Lincoln County,
Wyoming being part of that
tract of record in the Office of
the Clerk of Lincoln County in
Book 135PR on page 170,
described as follows:
2011.
Beginning at the northeast
spike of said tract on the east
line of said SE, Va NE 1, South
544.50 feet from the northeast
corner of said SE V4 NE '/a;
thence West 258.00 feet to a
point; thence South 338.25 feet
to a point; thence East 258.00
feet to a spike on the east line of
said SE 'A NE thence North
338.25 feet, along said east line,
to the spike of beginning togeth-
er with a security interest in
that certain 2001 80' X 28'
Fleetwood Homes 4764X Serial
No. IDFL104A23820 CM13
Manufactured Home.
The Mortgage has been duly
assigned for value to Green Tree
Servicing, LLC which has
served written Notice of, Intent
to Foreclose the Mortgage by
advertisement and sale pur-
suant to the terms of the
Mortgage to the record owner
or party in possession in accor-
dance with the statute ten (10)
days prior to the first publica-
tion of the sale.
The amount due and owing on
the date of the first publication
is $87,967.74, which includes
JANA BRYANT NOTARY PUBLIV
County of
Lincoln
My Commission Exuu=a,
y,t- iY >kY3.
000669
State of
Wyoming
the unpaid principal and
accrued but unpaid interest.
Interest continues to accrue on
the unpaid balance at the rate
of 18.26 per day.
NOTICE IS HEREBY GIVEN, pur-
suant to W.S. §34- 3-101 et seq.,
(1977 Republished Edition) that
the above described property
will be at public venue sold by
the.Sheriff of Lincoln County, at
the hour of 10:00 o =clock A.M.
on the 13th day of September,
2011, on the courthouse steps
of Lincoln County.
The property being foreclosed
upon may be subject to other
liens and encumbrances that
will not be extinguished at the
sale and any prospective pur-
chaser should research the sta-
tus of title before submitting a
bid.
DATED this 29th day of July
2011.
BY: Bruce S. Asay
Associated Legal Group, LLC
1807 Capitol Ave Suite 203
Cheyenne, WY 82001
(307) 632 -2888
Attorney for Green Tree
Servicing, LLC
Publish; August 4, 11, 18 25,
2011
I SARAH HALE, Managing Editor of the Star Valley Independent,
published weekly at Afton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and entire issue of said newspaper, and not in any supplement
thereof, for
commencing with the issue date k-, a 7 2011, and
ending with issue dated
'bed and sworn in before me this
2011.
My commission expires August 31, 2013
NOTICE OF
FORECLOSURE SALE
WHEREAS, default in the pay-
ment of principle and interest
has occurred under the terms
of a real estate note dated June
21, 2001 executed and delivered
by Corey F. Dana and Andrea
Dana, to Green Tree Serviceing
LLC, f /k /a Conseco Finance
Servicing Corp. and real estate
mortgage of the same date
securing the note which mort-
gage was recorded June 22,
2001, in Book 467 Page 184 in
the public records in the office
of the county clerk, of Lincoln
County, Wyoming. The pfemises
that are described in the
Mortgage are as follows:
That part of the SE 1/4 NE 1/4 of
Section 13, T34NR119W of the
consecutive issues,
Notary'' ublic
6th P.M., Lincoln County,
Wyoming being part of that
tract of record in the Office of
the Clerk of Lincoln County in
Book 135PR on page 170,
described as follows:
Beginning at the northeast
spike of said tract on the east of
said SE 1/4 NE 1/4, South 544.50
feet from the northeast corner
of said SE 1/4 NE 1/4; thence
West 258.00 feet to a point;
thence South 338.25 feet to a
point; ,th E :8 f,
along said ence east line to 25 the .00 spik eete
of beginning together with a
security interest in that certain
2001 80' X 28' Fleetwood Homes
4764X Serial No. 1DFL104A23820
CM13 Manufactured Home.
The Mortgage has been duly
assigned for value to Green Tree
Servicing, LLC which has
served written Notice of Intent
to Foreclose the Mortgage by
advertisement and sale pur-
suant to the terms of the
Mortgage to the record owner
or party in possession in accor-
dance with the statute ten (10)
days prior to the first publica-
tion of the sale.
Tha amount due and owing on
the date of the first publication
JANA BRY.ANT NOTARY PUBS!_I(:
County of
Lincoln
My Cornmissic..
000670
is $87,967.74, which includes
the unpaid principal and
accrued but unpaid interest.
Interest continues to accrue on
the unpaid balance at the rate
of $18.26 per day.
NOTICE IS HEREBY GIVEN, pur-
suant to WS. §34-3 -101 et seq.,
(1977 Republished Edition) that
the above described property
will be at public venue sold by
the Sheriff of Lincoln County, at
the hour of 10:00 o'clock A.M.
on the 21st day of June, 2011, on
the courthouse steps of Lincoln
County.
The property being foreclosed
upon may be subject to other
liens and encumbrances that
will not be extinguished at the
sale and any prospective pur-
chaser should research the sta-
tus of title before submitting a
bid.
DATE this 10th day of May. 2011.
BY: Bruce S. Asay
Associated Legal Group, LLC
1807 Capitol Ave. Suite 203
Cheyenne, WY 82001
307-632-2888
Attorney for Green Tree
Servicing, LLC
Publish May 19, 26, June 2 9,
2011
Stets of
Wyomitig
-,.just 31, 2Gi
WHEREAS, default in the payment of principal and interest has occurred under
the terms of a real estate note dated June 21, 2001 executed and delivered by Corey F.
Dana and Andrea Dana, to Green Tree Servicing LLC, f /k/a Conseco Finance Servicing
Corp. and a real estate mortgage of the same date securing the note which mortgage
was recorded June 22, 2001, in Book 467 Page 184 in the public records in the office
of the county clerk of Lincoln County, Wyoming. The premises that are described in the
Mortgage are as follows:
That part of the SE NE of Section 13, T34N R119W of the 6 P.M.,.
Lincoln County, Wyoming being part of that tract of record in the Office of
the Clerk of Lincoln County in Book 135PR on page 170, described as
follows:
Beginning at the northeast spike of said tract on the east line of said SE
NE 1/4, South 544.50 feet from the northeast corner of said SE NE 1 /4;
thence West 258.00 feet to a point; thence South 338.25 feet to a point;
thence East 258.00 feet to a spike on the east line of said SE 1 /4 NE 1 /4;
thence North 338.25 feet, along said east line, to the spike of beginning
together with a security interest in that certain 2001 80' X 28' Fleetwood
Homes 4764X Serial No. IDFL104A23820 CM13 Manufactured Home.
The Mortgage has been duly assigned for value to Green Tree Servicing, LLC which
has served written Notice of Intent to Foreclose the Mortgage by advertisement and
sale pursuant to the terms of the Mortgage to the record owner or party in possession in
accordance with the statute ten (10) days prior to the first publication of the sale.
The amount due and owing on the date of the first publication is $87,967.74, which
includes the unpaid principal and accrued but unpaid interest. Interest continues to
accrue on the unpaid balance at the rate of 18.26 per day.
NOTICE IS HEREBY GIVEN, pursuant to W.S. §34 -3 -101 et seq., (1977 Republished
Edition) that the above described property will be at public venue sold by the Sheriff of
Lincoln County, at the hour of 10:00 o'clock A.M. on the 13th day of September, 2011,
on the courthouse steps of Lincoln County.
The property being foreclosed upon may be subject to other liens and encumbrances
that will not be extinguished at the sale and any prospective purchaser should research
the status of title before submitting a bid.
DATED this 29 day of July 2011.
BY: Bruce S. Asay
Associated Legal Group, LLC
1807 Capitol Ave Suite 203
NOTICE OF FORECLOSURE SALE
000671
Cheyenne, WY 82001
(307) 632 -2888
Attorney for Green Tree Servicing, LLC
Publish: Aug 4 2011
Aug 11 2011
Aug18 2011
Aug 25 2011
000672
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Return Rec iAee
(Endorsement R quired)
Restricted Deily ry Fee
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Total Postage 1 Isees
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item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
SENDER: COMPLET IS SECTION
COMPLETE THIS SECTIO DELIVERY
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111 Muddy S'in9 R,d
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so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Li ncoln Co unty Business Office
qZS Sage. Ave. 5ui +e, fib'-}
Kemmerer W`I 83101
2. Article Number
(Transfer from service label)
A. Signature
D. Is delivery address different from item
if YES, enter delivery address below:
3. Service Type
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4. Restricted Delivery? (Extra Fee)
000673
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Retum Receipt for Merohandis
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PS Form 3800, August 2006
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COMPLETE THIS SECTION ELIVEI
Receiv-d by (Printed Name)
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D. Is -livery address different from item 1? Yes
If YES, enter delivery address below: No
3. Service Type
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7007 1 0004 8040 0336
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Retum Receipt for Merchandis
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NOTICE OF FORECLOSURE SALE
000674
WHEREAS, default in the payment of principal and interest has occurred under
the terms of a real estate note dated June 21, 2001 executed and delivered by Corey F.
Dana and Andrea Dana, to Green Tree Servicing LLC, f /k/a Conseco Finance Servicing
Corp. and a real estate mortgage of the same date securing the note which mortgage
was recorded June 22, 2001, in Book 467 Page 184 in the public records in the office
of the county clerk of Lincoln County, Wyoming. The premises that are described in the
Mortgage are as follows:
That part of the SE' NE' of Section 13, T34N R119W of the 6 P.M.,.
Lincoln County, Wyoming being part of that tract of record in the Office of
the Clerk of Lincoln County in Book 135PR on page 170, described as
follows:
Beginning at the northeast spike of said tract on the east line of said SE 1 /4
NE South 544.50 feet from the northeast corner of said SE NE 1/4;
thence West 258.00 feet to a point; thence South 338.25 feet to a point;
thence East 258.00 feet to a spike on the east line of said SE'/ NE 1 /4;
thence North 338.25 feet, along said east line, to the spike of beginning
together with a security interest in that certain 2001 80' X 28' Fleetwood
Homes 4764X Serial No. IDFL104A23820 CM13 Manufactured Home.
The Mortgage has been duly assigned for value to Green Tree Servicing, LLC which
has served written Notice of Intent to Foreclose the Mortgage by advertisement and
sale pursuant to the terms of the Mortgage to the record owner or party in possession in
accordance with the statute ten (10) days prior to the first publication of the sale.
The amount due and owing on the date of the first publication is $87,967.74, which
includes the unpaid principal and accrued but unpaid interest. Interest continues to
accrue on the unpaid balance at the rate of 18.26 per day.
NOTICE IS HEREBY GIVEN, pursuant to W.S. §34 -3 -101 et seq., (1977 Republished
Edition) that the above described property will be at public venue sold by the Sheriff of
Lincoln County, at the hour of 10:00 o'clock A.M. on the 21 day of June, 2011, on the
courthouse steps of Lincoln County.
The property being foreclosed upon may be subject to other liens and encumbrances
that will not be extinguished at the sale and any prospective purchaser should research
the status of title before submitting a bid.
DATED this 10 day of May 2011.
BY: Bruce S. Asay
Associated Legal Group, LLC
1807 Capitol Ave Suite 203
Cheyenne, WY 82001
(307) 632 -2888
Attorney for Green Tree Servicing, LLC
Publish: May 19 2011
May 262011
June 2 2011
June 9 2011
000675
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CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit www.usps.come
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
Sent To
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See Reverse for Instructions
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COI! TE THIS N DELIVERY
items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
COREY F DANA
ANDREA DANA
P.o. 8oX 982
ArTbNi WY 831 IO
2. Article Number
(Transfer from service label) l
PS Form 3811, February 2004
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or on the front if space permits.
1. Article Addressed to:
Lincoln Coun +'i
Business Office
925 Sage Ave. Suite 104-
Kemmerer wy
'331o1
Domestic Return Receipt
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
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SENDER: COMPLETE THIS SECTION
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Corey F 87 A nd reo..,
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111 Muddy n9 K 4 fir/
Mayne W F312-'7
2. Article Number
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3. Service Type
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7007 1490 0004 8040 0367
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102595 -02 -M -1540
U.S. Postal Service
CERTIFIED MAILTM RECEIPT
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C crey_a n dr_ea-_ _ana....
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000677