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Home My WebLink About963410I, 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 -101et seq and specifically in W.S. §34 -4 -103 and that the prerequisites have been accomplished in regard to the foreclosure sale of Thad M. Brown and Tracy E. Brown, as published in the County of Lincoln in the Kemmerer Gazette as required by the referenced statute. Further, an Affidavit of Publication is attached to this affidavit. In addition, a written Notice of Intent to Foreclose the Mortgage was served upon Thad M. Brown and Tracy E. Brown, 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 Notice as contained in the attachment. 2. As the prerequisites up to foreclosure have been accomplished as contained in W.S. §34 -4 -103, and that Notice 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 ($423.40); record report ($100.00); Sheriff's fee ($10.00); Agent's Fee ($75.00); photocopies, recording and postage ($91.88); and attorney's fee ($950.00) as authorized by the mortgagee. 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 proceeding by an attorney admitted to practice in this state and residing therein. FURTHER the affiant sayeth naught. Dated this .2- day of February, 2012. RECEIVED 2/28/2012 at 10:19 AM RECEIVING 963410 BOOK: 781 PAGE: 854 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFFIDAVIT OF COUNSEL 00854 Bruce S. Asay Associated Legal Group LLC 1807 Capitol Avenue, Ste 203 Cheyenne, WY 82001 307 632 -2888 basay @associatedlegal.com STATE OF WYOMING COUNTY OF LARAMIE ss. My Commission Expires: Q-1151 a--oi 00855 Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce S. Asay, this t3 of February, 2012. KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Comte Kernmerei Wyoming NOTICE OF FORECLOSURE SALE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note dated May 31 2007 executed and delivered by Thad M. Brown and Tracy E. Brown, to the Bank of Star Valley and its assignee; Green Tree Servicing LLC, and a real estate mortgage of the same date securing the Note, which Mortgage was re- corded June 1, 2007 as Instrument No 929925 in Book 660, Page 263, in the public records in the office of the county clerk df Lincoln County, Wyoming. The premises that are described in the Mortgage are follows: BEGINNING at the southeast comer of Lot 11 of the Hale Addition to the Town of Afton, of record in the Office of the Lincoln County Clerk as Plat No. 305; and running THENCE S 01 along the west boundary of Lincoln Street, a distance of 125.00 feet to a point; THENCE N 88 57'40 "W a distance of 66.95., feet to a point; THENCE N 01 "E a distance of 5.88 feet to a point; THENCE N 88 41'39" W a distance of 68.33 feet to a point; THENCE N 01 °47'44 "E a distance of 120.86 feet to a point; THENCE continuing N 01°47'44"E a distance of 0.55 feet to an inter- section with the south boundary line of Lot 10 of the said Hale Addition; THENCE S 87°51'30"E, along boundary line, a distance of 30.38 feet to the south lot corner common to Lots 10 and 11 of the Hale Addition; THENCE continuing S 87 51'30 "E, along the south boundary line of Lot 11, to the corner of the beginning; ENCLOSING an area of 0.383 acres, more or less; each "corner" being marked by a T- shaped steel stake with metal cap inscribed "RLS 164 and each "point" being marked by a 5/8" steel reinforcing bar with aluminum cap inscribed "ROSS TURNER PE &LS 3514 SURVEY POINT" Green Tree Servicing LLC, as servicer, has served a written Notice of Intent to Foreclose the Mortgage by Advertisement and Sale pursuant to the teens 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 $168,956.35 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of 38.44 per day. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospec- tive purchaser should research the status of title before submitting a bid. 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, to the highest bidder at the hour of 10:00 o'clock A.M. on the 28'h day of February, 2012, on the, courthouse steps of Lincoln County. DATED this 30'h day of January, 2012. 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: Feb. 2, 9, 16, 23, 2012 0202J 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 1' consecutive issues /weeks; the first publication being on the dayof .'1 ,20 E and the last publication being on the day of "1'i'ttxik' "1) ,20 12 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jetvsen Publisher ikijoSi. CAI:1 I.I rl 1 i'Ji1l 'i1r41.1(, CCow: of f., f Drab! of Linea S. 49yrin ;'g I my co, ,1 .1 k.,ry ?1)12 Subscribed in my presence and sworn to before on this ,,'S day of U''(. tLi t €1,'11 A. D.,,20' i by Michael J nsen, Publisher. QdIiit`.f, /I I,, 2 Notary S,grS i, 00856 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN NOTICE OF FORECLOSURE SALE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note dated May 31, 2007 executed and delivered by Thad M. Brown and Tracy E. Brown, to the Bank of Star Valley and its assignee, Green Tree Servicing LLC, and a real estate mortgage of the same date securing the Note, which Mortgage was recorded June 1, 2007 as Instrument No. 929925 in Book 660, Page 263, 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: BEGINNING at the southeast corner of Lot 11 of the Hale Addition to the Town of Afton, of record in the Office of the Lincoln County Clerk as Plat No. 305; and running THENCE S 01 °45'56 "W, along the west boundary of Lincoln Street, a distance of 125.00 feet to a point; THENCE N 88 °57'40 "W a distance of 66.95 feet to a point; THENCE N 01 45'56 "E a distance of 5.88 feet to a point; THENCE N 88 °41'39" W a distance of 68.33 feet to a point; THENCE N 01 °47'44 "E a distance of 120.86 feet to a point; THENCE continuing N 01 °47'44 "E a distance of 0.55 feet to an intersection with the south boundary line of Lot 10 of the said Hale Addition; THENCE S 87 °51'30 "E, along boundary line, a distance of 30.38 feet to the south lot corner common to Lots 10 and 11 of the Hale Addition; THENCE continuing S 87 °51'30 "E, along the south boundary line of Lot 11, to the corner of the beginning; ENCLOSING an area of 0.383 acres, more or less; each "corner" being marked by a T- shaped steel stake with metal cap inscribed "RLS 164 and each "point" being marked by a 5/8" steel reinforcing bar with aluminum cap inscribed "ROSS TURNER PE &LS 3514 SURVEY POINT" Green Tree Servicing LLC, as servicer, has served a 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 $168,956.35 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of 38.44 per day. 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. 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 00857 County, to the highest bidder at the hour of 10:00 o'clock A.M. on the 28th day of February, 2012, on the courthouse steps of Lincoln County. DATED this .50 ay of January, 2012. 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 dates: February 2, 2012 February 9, 2012 February 16, 2012 February 23, 2012 00858 U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For dolivery Information visit bur wobsite at wWw usp .i: otno Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To 7h<ad_ f).,..Bra.t n.�_ _tat.y. r_ot )n. St ree t A pt. No or PO sax No. P 0. 3 (o City, S e, ZIP +4 ILJ._l�z s 1 6 I PS Form 3600, August 2006 S.e.Revei'sa for halructiOH 0 Certified Fee a o co N Postage a .q5 ;L 35 5.15 o o v m o o o 3 3 7 rt 0—a N a0 o wvi s) 3 71 g w fD i v c 0 m m w w w o-0a w m 3 �wNz N o 0. rn 0 m o 3 o m 1 o 0, 3 m m in` m m 0 0 0 O 0 0 r- 00859 u S Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For' delivery Information visit our Website at wWW,usps,coms l5 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees See Reverse for tnstructions t To Street, �pt .�3.............. or PO Box N° 0-( 5e r�.1 S ate, ZIZ +4 l( 4 PS Form 3800, August 2006 0 3 N m co -d 0 0 E-' 0 0 0 0 tp 0 0 0 Ln Postage Certified Fee m 0 5. 0 0 0 t;l 0 w tlDt 0 qn 0 co 7. CWJ I? C i ts mrz 0 Iri 0 TM Ed o si lty Cfi)0 PI er i z 0 0 0 F` 0 0 0 tiD E3 NOTICE OF INTENTION TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE TO: THAD M. BROWN TRACY E. BROWN 386 Lincoln Street Afton, WY 83110 Mailing Address: P.O. Box 648 Afton, WY 83110 -0648 00860 Default in a condition of the hereinafter described mortgage having occurred by reason of which the power of sale therein has become operative, and pursuant to Wyoming Statutes 34- 4- 103(a) (iv), you are hereby notified that after ten days from date hereof, Green Tree Servicing, LLC., servicer for the Bank of Star Valley or its assignee, as holder of said mortgage, intends to commence publication in the Star Valley Independent newspaper, at Afton, Wyoming, of the notice of sale, to wit: Real Estate Mortgage executed by Thad M. Brown and Tracy E. Brown, as mortgagors, in favor of the Bank of Star Valley, as mortgagee, recorded June 1, 2007 as Instrument No. 929925, in the public records in the office of the county clerk of Lincoln County, Wyoming given to secure payment of the original principal sum of $176,000.00, and mortgaging a Tract of land lying within the NE 1 /4SE 1 /4 of Section 25, also within the incorporated limits of the Town of Afton, being part of that tract of record in the Office of the Lincoln County Clerk in Book 213PR, Page 647, with boundaries more particularly described as follows: BEGINNING at the southeast corner of Lot 11 of the Hale Addition to the Town of Afton, of record in the Office of the Lincoln County Clerk as Plat No. 305; and running THENCE S 01 °45'56 "W, along the west boundary of Lincoln Street, a distance of 125.00 feet to a point; THENCE N 88 °57'40 "W a distance of 66.95 feet to a point; THENCE N 01 °45'56 "E a distance of 5.88 feet to a point; THENCE N 88 °41'39" W a distance of 68.33 feet to a point; THENCE N 01 °47'44 "E a distance of 120.86 feet to a point; THENCE continuing N 01 °47'44 "E a distance of 0.55 feet to an intersection with the south boundary line of Lot 10 of the said Hale Addition; THENCE S 87 °51'30 "E, along boundary line, a distance of 30.38 feet to the south lot corner common to Lots 10 and 11 of the Hale Addition; THENCE continuing S 87 °51'30 "E, along the south boundary line of Lot 11, to the corner of the beginning; ENCLOSING an area of 0.383 acres, more or less; each "corner" being marked by a T- shaped steel stake with metal cap inscribed "RLS 164 and each "point" being marked by a 5/8" steel reinforcing bar with aluminum cap inscribed "ROSS TURNER PE &LS 3514 SURVEY POINT" DATED this bay of January, 2012. GREEN TREE' SERVICING LLC By: Bruce S. Asay A 'soc ed Leg l Group, LLC 1 Capitol Ave Suite 203 Cheyenne, WY 82001 (307) 632 -2888 Attorney for Green Tree 00861 U.S. Postal ServiceTn, CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our webalte at wwW usps.00m Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees 5.59 Sent To A is P$ Form 3800, August 2006 See Revers lnstnicb(ot)st., Th.ac Tracy ,._Br_.:a.ba.n Street, Apt. o.; or PO Sox No. P(() Bdx City, tat ZlP +4 V v 0 N N a (0 Postage Certified Fee t b t-1- 2,85 2.30 1 31w'O —Ob S U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) FM delivery information visit ottr webstte at www.usps.com Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees Sent To Street, A No.; or PO Box No. City, tau o n tA)Y 3II0 PS;FOrm 3800, AugOt.2d06 See Reverse tor Instructions vo 3 00862 File No.t 68144143 3orrower: "1'11AD i\1 BROWN Property Address: 386 INCO1.N S1T1EE AFTON, WV 8311,0 CERTIFICATION PRIOR TO FORECLOSURE SALE firecii Tree Seri'icing 1.I.C"` "Green f ree'') certifies under the Jcgitircmeaa45 set forth in the Horne Affordable Modification cation Program that at least enact of the below-referenced circumstances exists. In addition, all other available foss mitigation alternatives have been exhausted at this time and a non-foreclosure outcome could not be reached, Tic boraower and /or account was evaluated for IlAIvf? and was determined to he ineligible for the program, The borrower was offered 1'rital Period Plan, but Wed to make current trial period payments as set forth in Section 83, cireen Tree has established Right Patty Contact, has sent at least two written requests asking the borrower to supply required information in accordance- with Section 2,2,2, and has otherwise satisfied the Reasonable Effort solicitation standard, and the borrower faded to respond by the dates indicated in those requests. Green Tree has satisfied the Reasonable Effort solicitation standard without establishing Right Party Contact. The borrower or co- borrower states he or she is not interested m pursuing a HAW modification ancd such statement is reflected by Green 'Tree m the servicing system andfar :mortgage file. x Green 'free perfinne a pre-referral foreclosure review at least 7 days prior to the date oldie foreclosure referral and completed an accoi.mt review both at 30 clays before the sale and at least 7 stays but no greater than 15 prior to the foreclosure sale dale, An established resolution is not pending with f:ireen Tree and all requirements water SVC -201 1 -08R were inet. (Required for Fannie Mae) This also certifies the Single Point of Contact (SPOC .l has been consulted and stated in the systetat of rcc:or'd, to the best of the SPOC's knowledge, that all available loss mitigation alternatives have been exhausted at this time and a naon- ibrcelosure outcome could not be reached. Ire Servicing LLe Sign Green flee Servicing LE,C and related entities, including, for certain loans, in Alabama, C.ireen 1 rec -AL LW; in Minnesota Circe Tree Ion C" rmpany; and in Pennsylvania, Breen Tree Consumer Discount Company, Foreclosure Sale Certification For m, 10/06/2011 APP•6l1)