HomeMy WebLinkAbout963637STATE OF WYOMING
ss.
LINCOLN COUNTY
Lincoln County Sheriff of lawful age, being first duly sworn upon his
oath, states and certifies as follows:
RECEIVED 3/13/2012 at 3:41 PM
RECEIVING 963637
BOOK: 782 PAGE: 832
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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
March 5, 2008, executed and delivered by Dennis J Frost and Nancy H Frost to
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank,
FSB (Mortgagee) and (b) that certain mortgage dated March 5, 2008 (the
"Mortgage securing said Note which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on March 24, 2008 at
Receiving 937773 Book 690 Page 261 in the records of the office of the County
Clerk and ex- officio Register Deeds in and for Lincoln County, State of Wyoming,
the Mortgage having been assigned to and is now in possession of BANK OF
AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
recorded on December 14, 2011 at Receiving 962348 Book 777 Page 887.and
which Mortgage covers that certain real property described below, as follows, to wit:
LOT 96 OF RIVER VIEW MEADOWS SECOND ADDITION TO THE TOWN
OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE
OFFICIAL PLAT FILED ON FEBRUARY 11, 1994 AS INSTRUMENT NO.
778568 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 468 Riverview Drive, Alpine, WY, 83128 together with all
improvements thereon situate and all fixtures and appurtenances thereto.
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 by the power of sale contained in the Mortgage, having been made operative by
reason of such default, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER
TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME
LOANS SERVICING LP "Mortgagee elected to foreclose the same. To 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
Page 1 of 3
11 -05353 WY/WY-F215
Certificate ofSale
00832
foreclosure sale notiee,-as- shown -by- the -Affidavit of Se Mee-atlas-lied-hereto and-by
5. That Mortgagee has caused publication to be made of a Notice of Foreclosure Sale
in the 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 February 16, 2012 issue of said newspaper and ending with
the March 8, 2012 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 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 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 March 13, 2012 at 10:00 a.m., at the front door of the Lincoln
County Courthouse in the City of Kemmerer, 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
$381,635.98 "Bid Sum which was bid and offered by BANK OF AMERICA,
N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP
FKA COUNTRYWIDE HOME LOANS SERVICING LP "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 provided by law.
7. That the sum of $1,902.95 is to be paid to Robert J. Hopp Associates, 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 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 March 13, 2012, the date of the sale, unless the property shall
have been redeemed as provided by law prior to that time.
Page 2 of 3
11- 05353WY/WY -F215
Certificate ofSale
o0833
Sheriff in and or Lincoln County, State of Wyoming
By:
Print
Title: ./4a-
Sworn, subscrib and acknowledged before
20 12 by 7 >k 100
State of Wyoming.
Witness my hand and official seal.
My Commission Expires: 4-1 /7, 7 f I.5
-st (�117 oi�iVau.�.
Notary Public
r
me this 13 h day of r i,1 L -1
as Sheriff/De up ty of Lincoln County,
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
LINCOLN
My Commission Expires
hh' STATE OF
WYOMING
Li/71
Page 3 of 3
11- 05353WY/WY -F215
Certificate ofSale
0.0834
KEMMERER GAZETTE
FFID WTr OF ruBl.lc:\T1oN
Kemmerer Gazette
Kemmerer. Wyoming
FORECLOSURE SALE NOTICE
WHEREAS NOTICE IS HEREBY GIVEN that default in the
payment under the terms of a secured and perfected Note has occurred.
The Note is secured by a Mortgage dated March 5, 2008 and recorded
on March 24, 2008 at Receiving 937773 Book 690 Page 261 from
,Dennis J Frost and Nancy H Frost to Mortgage Electronic Registration
Systems, Inc., as nominee for Countrywide Bank, FSB for the amount of
$322,200.00. The Mortgage having been assigned to and is now in pos-
session of BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME
LOANS SERVICING LP recorded on December 14, 2011 at Receiving
962348 Book 777 Page 887.
WHEREAS the Mortgage contains a power of sale, which by reason
of default has occurred, the Mortgagee has declared to become operative,
and no suit or proceeding has been instituted to recover the debt secured
by the. Mortgage, or any part thereof, nor has any suit or proceeding
instituted and the same discontinued and;
WHEREAS written Notice of Intent to Foreclose by Sale and Adver-
tisement has' been served upon the record owner and party in possession
of the mortgaged premises at least ten (10) days prior to commencement
of the publication, and the amount due upon the Mortgagee at the date of
first publication of this notice of sale being the total sum of $370,126.64
which sum consists of the unpaid balance of $358,331.36, plus interest
accrued to the date of this first publication of this notice in the amount of
$11, 795.28, plus outstanding charges, plus attorney fees, costs expected
and accruing interest and late charges after the date of first publication
of this notice.
WHEREAS this property being foreclosed upon may be subject to
other hens and encumbrances that will not be extinguished at the sale
and any prospective purchaser should research the status of title before
submitting a bid.
NOW, THEREFORE BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUN-
TRYWIDE HOME LOANS SERVICING LP as Mortgagee, will have
the Mortgage foreclosed as by law provided by having the mortgaged
property to be sold at public venue by the Sheriff or Deputy Sheriff in and
for Lincoln County, Wyoming to the highest bidder for cash at 10:00 AM
k on March 13, 2012 at the front door of the Lincoln County Court house
located at 925 Sage Avenue, Kemmerer, WY 83101. For application on
the above described amounts secured by the Mortgage, said mortgaged
property being described as follows, to wit:
LOT 96 OF RIVER VIEW MEADOWS SECOND ADDITION
TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT FILED ON FEBRUARY 11,
1994 AS INSTRUMENT NO. 778568 OF THE RECORDS OF THE
LINCOLN COUNTY CLERK.
With an address of 468 Riverview Drive, Alpine, WY 83128
Together with all improvements thereon situated and all fixtures and
appurtenances, thereto.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO
BAC HOME` LOANS' SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING LP
ROBERT J. HOPP ASSOCIATES, LLC
Neal Valorz, Esq
Fred Van Remortel, Esq.
400 East 20th Street
Cheyenne, WY 82001
Toll Free No. 866 620 -8605
PUBLISH: Feb. 16, 23, March 1, 8, 2012 0216D
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
the first publication being on the
day of 20 12
and the last publication being on the T'S
day of .1f) 20 a'.
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
tGSt: M.\R CAP1:t.I.FPd N(.11 tti(Y
CrnwtY of Stntn of
rh
!:'v +rnmtssitin May 7 ^12
•1.- f.M., +L�.... APIP�,J. r..:,. N.' Jn P It A. N+Xwu.M
1
Subscribed in my presence and sworn to
before me on this day of
A.D., 20 12.
by MichneLjensen, Publi he
Notary Sig
KEMMERER, WYOMING
consecutive issues /weeks;
Michael Jens ublisher
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
0835