HomeMy WebLinkAbout962128STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
m. 5knane .1c nnsc.n 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 August 12, 2010, executed and delivered by John
Morgan and Jennifer Reed to Mortgage Electronic Registration Systems, Inc., as
nominee for MetLife Home Loans, a Division of MetLife Bank, N.A. its successors
and assigns and (b) that certain mortgage dated August 12, 2010 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on August 17, 2010, at
Reception No. 954975 in Book 752 at Page 234 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:
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PORTIONS OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 34
NORTH RANGE 118 WEST OF THE 6TH P.M., LINCOLN
COUNTY, WYOMING LOCATED SOUTH OF THE CENTERLINE
OF THE STRAWBERRY CREEK COUNTY ROAD NO. 12 -126
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID
SECTION 31 AND RUNNING THENCE NORTH 34 °10'59" WEST,
618.99 FEET, MORE OR LESS, TO THE BEGINNING OF A
CURVE TO THE RIGHT IN THE CENTERLINE OF SAID COUNTY
ROAD AND HAVING A RADIUS OF 1909.859 FEET; THENCE
RUNNING SOUTHEASTERLY, ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 20 °26' AN ARC DISTANCE OF 681.111
FEET TO A TANGENT LINE; THENCE SOUTH 63 °45'05" EAST,
ALONG LAST SAID TANGENT LINE, 202.64 FEET TO THE
BEGINNING OF A 19° CURVE TO THE LEFT HAVING A RADIUS
OF 301.56 FEET; THENCE RUNNING ALONG LAST SAID
CURVE THROUGH A CENTRAL ANGLE OF 20 °16'05" AN ARC
DISTANCE OF 106.674 FEET TO A POINT ON SAID CURVE;
THENCE LEAVING SAID CENTERLINE AND RUNNING SOUTH,
208.45 FEET, MORE OR LESS, TO A POINT IN SOUTH LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SAID POINT BEING 728.00 FEET NORTH 89 °44'53"
WEST FROM THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 89 °44'53" WEST, 587.08 FEET TO THE POINT
OF BEGINNING
with an address of 1592 Strawberry Creek, Bedford, WY 83112
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 11/29/2011 at 10:16 AM
RECEIVING 962128
BOOK: 777 PAGE: 115
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Morgan 11 -11762
Page 1 of 7
00115
The mortgage was assigned for value as follows:
Assignee: MetLife Home Loans, a division of MetLife Bank, N.A. 00116
Assignment dated: September 20, 2011
Assignment recorded: October 11, 2011
Assignment recording information: at Reception No. 961339 in Book 774 at Page
158
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, 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 November 3, 2011 issue of
said newspaper and ending with the November 28, 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 November 29, 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
V05, T 1. "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 $2,465.60 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
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Certificate of Sale
Morgan 11 -11762
Page 2 of 7
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 November 29, 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
aq day of /�nvem 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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SS
Sheriff in and for Lincoln County, State
of Wyoming
By:
ACKNOWLEDGMENT
rn nkAINSC Mn
Print Name:
Title: �Q�4 SCrter cV
The foregoing instrument was subscribed in my presence and
acknowledged before me by "3r,
Deputy Sheriff of Lincoln County, State of Wyoming, this ,.q day of
M'vembee 2011.
Witness my hand and official seal.
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF is STATE OF
K WYOMING
LINCOLN ti t- e
My Commission Expires
r
Certificate of Sale
Morgan 11 -11762
Page 3of7
00117
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
Danette Baldacciof 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 August 12, 2010 (the "Mort_ acre and
recorded on August 17, 2010, at Reception No. 954975 in Book 752 at Page
234 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 John Morgan and
Jennifer Reed "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a
Division of MetLife Bank, N.A. 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: September 20, 2011
Assignment recorded: October 11, 2011
Assignment recording information: at Reception No. 961339 in Book 774 at Page
158
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: 71969009843000821195
CERTIFIED MAIL NO. FSN: 71969009843000827067
MetLife Horne Loans,
a division of MetLife Bank, N.A.
4000 Horizon Way Suite 100
Irving, TX 75063*
CERTIFIED MAIL NO. NOI: 71969009843000821201
CERTIFIED MAIL NO. FSN: 71969009843000827074
CURRENT RESIDENT
1592 Strawberry Creek
Bedford, WY 83112*
CERTIFIED MAIL NO. NOI: 71969009843000821218
CERTIFIED MAIL NO. FSN: 71969009843000827081
John Morgan
1592 Strawberry Creek
Bedford, WY 83112*
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EXHIBIT A
SS
Certificate of Sale
Morgan 11 -11762
Page 4 of 7
00118
CERTIFIED MAIL NO. NOI: 71969009843000821225
CERTIFIED MAIL NO. FSN: 71969009843000827098
John Morgan
PO Box 1386
Thayne, WY 83127 -1386*
CERTIFIED MAIL NO. NOI: 71969009843000821232
CERTIFIED MAIL NO. FSN: 71969009843000827104
John Morgan
P.O. Box 151
Grover, WY 83122*
CERTIFIED MAIL NO. NOI: 71969009843000821249
CERTIFIED MAIL NO. FSN: 71969009843000827111
John Morgan
107 South Pine
St Richmond, VA 23220*
CERTIFIED MAIL NO. NOI: 71969009843000821256
CERTIFIED MAIL NO. FSN: 71969009843000827128
Jennifer Reed
1592 Strawberry Creek
Bedford, WY 83112*
CERTIFIED MAIL NO. NOI: 71969009843000821263
CERTIFIED MAIL NO. FSN: 71969009843000827135
Jennifer Reed
PO Box 1386
Thayne, WY 83127 -1386*
CERTIFIED MAIL NO. NOI: 71969009843000821270
CERTIFIED MAIL NO. FSN: 71969009843000827142
Jennifer Reed
P.O. Box 151
Grover, WY 83122*
CERTIFIED MAIL NO. NOI: 71969009843000821287
CERTIFIED MAIL NO. FSN: 71969009843000827159
Jennifer Reed
107 South Pine
St. Richmond, VA 23220*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 19, 2011 and the date of the first publication of the
notice of foreclosure sale was November 3, 2011.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
a day of 72c °55--t- -7 2011 by Danette Baldaccias attorney of Castle
Stawiarski, LLC.
NANCY KEENER
STATE OF WYOMING
O111\1TY OF NA1 RON
t oRrrniasion Ex i Jan 19, 2015
My commission expires:
J 19•
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FURTHER AFFIANT SAYETH NAUGHT.
es�xfiN °r 4.W94 e'pttf.DI PSttnt^tHtit t'. P�+FZt'.
NOTARY PUBLIC
anette Ba cci
Casfle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of r5otarial officer)
Title (and Ra nk/
Certificate of Sale
Morgan 11 -11762
Page 5 of 7
00119
CLOSURE SALE NOTICE
111 in the yment of principal and interest has oc-
p romissory note (the "Note datedAugust
vlorgatt and Jennifer Reed
tegistration Systems, Inc. as
ivision of.MetLife Bank,' N.A.
its tii ssors and assign ands a `real estate mortgage (the "Mortgage
of
°a a date securing the Note, which. Mortgage was executed and
delivered by said! 114ortgagor(s), to said Mortgagee, and which Mortgage
wasrecord on August' 167, 201,0, ;;atReception, No ;254.975, in Book` 752
at Page 234 in the recordsiof�te office offfca County Clerk and ex officio
Regis er of Deeds in and for Lineo1n 1ounty State of Wyoming x +and
WHEREAS, the Mortgage was' assigned for value as follows:
Assignee: MetLife Home Loans, a,division of MetLife Bank, N.A.
Assigndient:dated: September 20,"g011
Assignment recorded: October 11,2011
Assignment recording information: at Reception No. 961339 in Book
774.a .Page
All in the records of the County Clerk and ex- officio Register of Deeds
in and for Lincoln County, Wyoming,
WHEREAS, the Mortgage contaibs'a power of sale which by reason
of said default, the t o tgag declaresto have become operative, and no
suit or proceeding4asbeen instituted at law to recover the debt secured
by the Mortgage,.o zany part thereof, nor tas any such suit or proceeding
been instituted and the same discontinued; and
WHEREAS; written' notice of intent to foreclose the Mortgage. by
advertisement and sale has been served upon the record owner and the
premises atleast ten (10) days prior
°rte a tite a dine upon the
ndtice0df ale e the
blt ist of tin unp id principal
t accrued t0 the date of the first pub
6,980.47, plus attorneys' fees,
e late charges after the date of
upon may be subject to
be extinguished,, at the sale.
roh the status of title before
balanc .o $250,842 53 pl in
lication of this noti kin the
costs :expended
first publication o
WHEREAS Th ro ®Ae 1
other lien
Any pros 1i E urchaser s'h
Submitting
reclose
�e Loans, a division of MetLife
Bank, N A as t e Mo gagee,,,w have the Mortgage foreclosed as by
law provided by causing to be sold at public venue
by the Sheri or D eputy Sheriff in and for 'Lincoln ,County, Wyoming to
th h bi for cash at 10:00 o' clock in'the forenoon on November
29, 2011at the front door of the Lincoln County Courthouse located at
9,25 Sage Avenue, em erer, W Lincoln County, for application on
the above described atttounts secured by the Mortgage, said mortgaged
ropertyfbeingd eaas
follow
PORTIONS O RTER Q13THE NORTHEAST
QUARTERANU UE a,y: z TQ OI TIIENORTHWEST
QUARTER Ql~ S M 3T,fi0 IBP 34NORTHRANGE 118 WEST
FTHE'6 I a�l�C „WYOMINGLOCATE DSOUTH
F THE "C 0 rQ ^P B STRAWBERRY CREEK COUNTY
g0 NO. 12-126 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNINGATTHE CENTER QUARTER CORNER OF
QN31A RHNN1NG _E NORT'5T,
618 99 FI ET, MOR OR 1 SS, TO �L GINNING O A H34 °10R9 "WES
JE RI INe 01 S COUNTY F ROAD CU AND
WIN G;A 1909.859 FEET; T IENCE RUNNING SO VE UTH
F,AS TERL, O1G ,SAID CURVE THROUGH A CENTRAL ANGLE
OF 20 °26' AN ARC DIS ANCE OR 681.111 .FEET TO A TAN
>rt INE THENCE r.SOTJT 45' 05" EA ST, ALONGLAST SAID T
GENT LINE, 202.64 FEET' TO THE BEGINNING OF' A 19° CURVE TO
THE LEFT HAVING A R ADIUS OF 301'.56 FEET THENCERUNNIN(G
ENG LAST, CURVE THROU,UGH A' CENTRAL ANGER OF'
20 °16'05 "'A1 MARC DISTANCE OF "106.674 FEET TO A POINT
C VE ^THENCE LEAVINQ'S y C E Al it1N1vI G
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
wny Creek, edford, WY "83112.
th all P t
thereon situate
Loans, a,div sion of M etLife Bank, LL N. A
By; Castle Staw arski, C
330' S. Walsh Drive, Ste. 202
('a crar wv >zo�ho_nnnn
EXHIBIT B
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 for the full
period of 4 consecutive issues /weeks;
the first publication being on the 3
day of _I1-) i' Y LE.g
and the last publication being on the 23
itut1 tlyo) 20 t I
day of
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
before me on this
Michael Jense
RGSc MARY CAf ELI. EN N
ARY PUBLIC
State of
Wyoming
Illy Com r %4.ires May 5. 2012
County of
Lincoln
ensen, Publ's
Notary Sig ure
KEMMERER, WYOMING
Subscribed in my presence and sworn to
day of
evekbew A.D., 20 i 1
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
lisher
Certificate of Sale
Morgan 11 -11762
Page 6 of 7
00120
STATE OF WYOMING
COUNTY OF NATRONA
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 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 $2,465.60 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN
Title Update
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriff's Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $2,465.60
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 theft 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 ther-in.
FURTHER FIANT ETH U T
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of c 5ti- 2011 by Danette Baldaccias attorney of Castle
Stawiarski, LLC.
I;Ira'F,7FM :cg 'iFeF.,5 e"7+_.4;`FgE.h.9E3.FR
NOTARY PUBLic
NANCY NC EENER
STATE OF WYOiRiNG
:;OURI TY OF P ATRONV
orr4nt13919t1 Ex tiren 19 2015
Title (and Rdn
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
anette Bal a• i
Castle 8tawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
700.00
883.00
111.80
627.80
25.00
50.00
26.00
11.00
11.00
10.00
10.00
Certificate of Sale
Morgan 11 -11762
Page 7 of 7
00121