HomeMy WebLinkAbout964043STATE OF WYOMING
LINCOLN COUNTY
9
CERTIFICATE OF SALE
ss,
003 94
Lincoln County Sheriff (14.61t_14n5a1 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.
That a default has occurred under the terms of (a) that certain Promissory Note dated
July 30, 2007, executed and delivered by Richard W. Peterson and Becky L.
Peterson to Mortgage Electronic Registration Systems, Inc., as nominee for
Quicken Loans Inc. (Mortgagee) and (b) that certain mortgage dated July 30, 2007
(the "Mortgage securing said Note which Mortgage was executed and delivered
by said mortgagor(s), to said mortgagee, and was recorded on July 31, 2007 at
Receiving 931752 BOOK: 667 PAGE: 517 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 November 14, 2011 at Receiving 961885 Book 776 Page 150, and
which Mortgage covers that certain real property described below, as follows, to wit:
THAT PORTION OF LAND CONTAINED IN WARRANTY DEED
RECORDED AUGUST 4, 1977 IN BOOK 138PR ON PAGE 246 LYING AND
BEING SITUATE SOUTHERLY OF THE LAND CONTAINED IN
WARRANTY DEED RECORDED OCTOBER 1, 1991 IN BOOK 302PR ON
PAGE 109 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
ALSO
BEGINNING AT A POINT WI-IICH IS NORTH 2 °12' EAST, 24.75 FEET FROM
A POINT WHICH IS SOUTH 46 °38' EAST, 1048 FEET FROM THE
NORTHWEST CORNER OF SECTION 31, TOWNSHIP 32 NORTH RANGE,
118 WEST OF THE 6TH P.M_, LINCOLN COUNTY, WYOMING AND
RUNNING THENCE NORTH 2 °12' EAST, 74.25 FEET;
THENCE NORTH 87°22' WEST, 142.5 FEET;
THENCE SOUTH 2 °12' WEST, 74.25 FEET;
THENCE SOUTH 87 °22' EAST, 142.5 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING.
RECEIVED 4/10/2012 at 2:44 PM
RECEIVING 964043
BOOK: 784 PAGE: 394
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Page I of 3
11 -0 3179WY/ t'Y -F215
Certificate cdSale
LESS AND EXCEPT THE LAND DESCRIBED IN QUITCLAIM DEED
RECORDED DECEMBER 22, 1994 IN BOOK 362PR ON PAGE 381 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 665 Adams St, Afi:on, WY, 83110 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 "1'O
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 foreclosure
sale notice, as shown by the Affidavit of Service attached hereto 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 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 March 1.5, 2012 issue of said newspaper and ending with the
April 5, 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 April 10, 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
$219,649.21 "Bid Sum which was bid and offered by BANK OF AMERICA,
N.A., SUCCESSOR BY MERGER TO BAC IIOME 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
Page 2 of 3
11- 03179WY,-WY -F215
Certificate of Sale
00395
thereupon paid and the sale of said real property was then and there completed as
provided by law.
7. That the sum of $2,018.00 is to be paid to The Hopp Law Finn, 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 futures and
appurtenances thereto, at and upon expiration of three (3) months and thirty (30)
days from and after April 10, 2012, the date of the sale, unless the property shall
have been redeemed as provided by law prior to that time.
Dated this 10-11 day of Ap! 20 12_
Sheriff in an for .Lin 'oln County, State of Wyoming
By:
Print
Title:
Sworn, subscribed,, and acknowledged before me this i1 day of
20] 1 by
State of Wyoming.
Witness my hand and official seal,
My Commission Expires: 4127 I
Notary Public
as Sheriff/Deputy of Lincoln County,
00396
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
WYOMING
My Commission Expires 4
COUNTY OF
LINCOLN
Page 3 q(3
-03179141711T-F215
Certificate gISaIe
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
(For Publication)
WHEREAS NOTICE IS HEREBY GIVEN that default in the pay-
ment under the terms 'of asecured and perfected Note has occurred. The
Note is secured by &Mortgage dated July 30, 2007 and recorded on July
31, 2007 atReceiving #931752: BOOK: 667 PAGE: 517 from Richard
W. Peterson'and "Becky L. Peterson to Mortgage Electronic Registration
Systems, Inc., as nominee for Quicken Loans Inc. for the amount of
$200,000.00. 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 November 14, 2011 at Receiving
961885 Book 776 Page 150.
WHEREAS "the Mortgage contains a power of sale, which by reason
of default has occurred, the Mortgagee lias 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 samediscontinued 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 $205,335.76
which sum consists of the unpaid balance of $192,843.81, plus interest
accrued to the date of this first publication of this notice in the amount of
$12, 461.95, 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 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
NOW THEREFORE BANK OF AMERICA, N.A., SUCCESSOR
BY MERGEI2 TO BAC HO OAKS "SERVICING, LP FKA COUN-
TRYWII)EHOME LO 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, NVyoimng to the highest bidder for cash at 10 :00 AM
on April 10, 201,2 at the front or of the Lincoln County Court house
located at 925 Sage Avenue, Kemmerer, WY 83101. For application on
the above clesCribed amounts ured by the Mortgage, said mortgaged
property being described as ws, to wit:
THAT PORTION ()F LAND CONTAINED IN WARRANTY DEED
RECORDED AUGUST 4, 1977 IN BOOK 138PR ON PAGE 246 LY-
ING AND BEING SITUATE souTilEny OF THE LAND CON-
TAINED IN VVARRANTY
D RECORDED OCTOBER 1, 1991 IN
BOOK 302PR. ON PAGE 109 OF THE RECORDS OF THE LINCOLN
ALSO
BEGINNING ATA POINT JHICIt IS NORTH 2°12' EAST, 24.75
FEET FROM A, POINT WHICH IS SOUTH 46°38' EAST, 1048. FEET
FROM THE NG1RITINVEST NER OF"SECTION 31, TOWNSHIP 32
NORTH, RANGE 11817VEST OF THE 6TH P.M., LINCOLN COUNTY,
WYOMING AND RUI\ININQ HENCE NORTH 2 °12' EAST, 74.25
FrpT
ST, 142.5 FEET;
THENCESOUTH.2°12' WEST,' 74.25 FEET;
THENCE SOUTH "7 EAST, 142 FEET, MORE OR LESS, TO
THE POINT OF B EG
LESS AND EXCH
DEED RECORDED DRCES
381 OF THE" RECORDS OF T
Withpan ailt e Ada
Together
ppur�tem
PUBLISH: March 15
AND DESCRIBED IN QUITCLAIM
22, 1,9ton, W 94 IN Y BOO 831 K 10 362PR ON PAGE
LINCOLN COUNTY CLERK.`;,
St, Af
eon situated and all fixtures. and
CCESSOR BY,MERGER ;TO
G LP FKA COUNTRYWIDE
IME:LOANS SER LP
IOPP ASSOCIATES, LLC
Neal Valorz, Esq.
Fred Van Remortel, Esq.
400 East 20th Street
Cheyenne, WY 82001
Toll Free No. 866- 620 -8605 1
ril5 2012 035D
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
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 4 consecutive issues /weeks;
the first publication being on the l c
day of i'\/1( h.N (l,! 20
and the last publication being on the
day of ,20 i2
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael J -nse Publisher
g 0 y .0 r ,N'.N .C'...1 T
4 r ;4 :i'i CAPI H. C ;4 NO i t itY
Co+nIty of
l.iv!rol�
Graff! of
VJygn'�i ^,g
My r: ni ft,� ,5 May
Subscribed in my presence and sworn to
beforee me on this 7 day of
l 1 t A.D., 20 l 2
a @I
by.MichJensen, Pub i her.
0.01f(m r. 'C l,c'.i'1
Notary Sig(a ure (J
00397
STATE OF COLORADO
DENVER COUNTY
AFFIDAVIT OF ATTORNEY
ss.
00398
Neal J. Valorz, Esq., of lawful age, being first duly sworn upon his oath, deposes and says:
1. That he is an attorney admitted generally to practice law in the State of Wyoming
and is a member of the law firm of The Hopp Law Firm, LLC, who are the attorneys
representing the Mortgagee in a procedure to foreclose a certain real estate
mortgage.
2. That The Hopp Law Firm, LLC as attorneys for the Mortgagee, will charge the
Mortgagee fees totaling $2,018.00 as compensation for services actually rendered in
the foreclosure proceeding.
Attorney Fees $600.00
Title Commitment $642.00
Postage $49.00
Photocopies $5.00
Publication Cost $584.00
Conduct Sale $75.00
Recording Fee Aff. Of Atty $11.00
Recording Fee Aff. Of NOI $14.00
Recording Fee Aff. for Cert. of Sale $17.00
Recording Sheriffs Deed $11.00
Sheriff's Fee Sale $10.00
Total $2,018.00
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 The Hopp Law
Firm, 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.
Page 1 of 2
11- 03179WY/WY -F213
Affidavit of Atty. Bid Figures -Rev.2
FURTI R AFjIANT SAITH NAUGHT
Neal 7. Valorz., Wy ing Atty. Reg. #7 -4714
THE HOPP LAW IRM, LLC
400 E. 20th Street
Cheyenne, WY 82001
Phone: 307 638 -0400
STATE OF COLORADO
COUNTY OF DENVER
i
This instrument was acknowledged before me on the ,�'v C day of
by Neal J. Valorz, as attorney of The Hopp Law Firm, LLC.
My Commission Expires:
ss.
S €E NA. ''ALr\4ER
v(: }3ARY E_:'w WAJ
Fi
MY cOMMIS!II N.?F
00399
,20/1
Page 2 of 2
11- 03179WY/WY -F213
Affidavit of Atty. Bid Figures -Rev.2
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO
FORECLOSE MORTGAGE
STATE OF COLORADO
ss.
DENVER COUNTY
Neal J. Valorz, Esq., of lawful age, being first duly sworn upon his oath, deposes and says:
1. That he is an attorney admitted generally to practice law in the State of Wyoming
and is a member of the law firm of Robert J. Hopp Associates, LLC, who are the
attorneys representing the Mortgagee in a procedure to foreclose a certain real estate
dated July 30, 2007 and recorded on July 31, 2007 at Receiving 931752 BOOK:
667 PAGE: 517 in the records of the office of the County Clerk and ex- officio
Register Deeds in and for Lincoln County, State of Wyoming, from Richard W.
Peterson and Becky L. Peterson to Mortgage Electronic Registration Systems, Inc.,
as nominee for Quicken Loans Inc. for the amount of $200,000.00, 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 November 14,
2011 at Receiving 961885 Book 776 Page 150; 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(s) and the person(s) in possession by
certified mail, return receipt requested, mailed to the last known address of other
record owner and the person(s) in possession at least ten (10) days before
commencement of the first publication of the noticed 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 set forth on the attached Mailing List.
3. That the date of mailing of the Notice of Intent to Foreclose the Mortgage was
February 29, 2012 and the date of the first publication of the Notice of Foreclosure
Sale is March 15, 2012.
Page I of 2
11- 03179WY
Affidavit of Service for NOI
FURTHER AFFIANT AITH NAUGHT.
Neal J. Valorz, #7 -47'14
ROBERT J. HOPP ASSOCIATES, LLC
Wyoming Office: 400 E. 20th Street, Cheyenne, WY 82001
Colorado Office: 333 West Colfax Avenue, #400, Denver, CO 80204
STATE OF COLORADO
COUNTY OF DENVER
My Commission Expires:
f
Notary Pub
ss.
This instrument was acknowledged before me on the day of(. i'4i 2012
by Neal J. Valorz, as attorney of Robert J. Hopp Associates, LLC.
1i i_ M. Ii1g..l1IETZ
i' X'IHES 3/g120
00401
Page 2 of 2
11- 03179WY
Affidavit of Service for NO1
MAILING LIST
Our Ref. No. 11- 03179WY
Robert J. Hopp Associates, LLC
File No.: 11- 03179WY
Post Office Box 8689
Denver, CO 80201
Lessee
665 Adams St
Afton, WY 83110
Richard W. Peterson
665 Adams St
Afton, WY 83110
Becky L. Peterson
665 Adams St
Afton, WY 83110
Certified Article Number
Occupant
665 Adams St 7196 9008 9111 4824 7045
Afton, WY 83110
SENDERS RECORD
Certified Article Number
7196 9008 9111 4824 7052
SENDERS RECORD
Certified Article Number
7196 9008 9111 4824 7069
SENDERS RECORD
Certified Article Number
7196 9008 9111 3569 0779
SENDERS RECORD
00402
Certifi cle Number
WYOMING MAILING LIST 7196 9008 9111 2178 8527
Lincoln County Treasurer
925 Sage Av. Suite 102
Kemmerer, WY 83101
Certified Article Number
7196 9008 9111 3569 0786
SENDERS RECORD
SENDERS RECORD
BAC Horne Loans Servicing, L.P. fka Countrywide
Home Loan Servicing, L.P.
1800 Tapo Canyon Road
Simi Valley, CA 93063
Becky L. Peterson
PO Box 1521
Afton, WY 83110 7196 9008 9111 2178 8534
Certified Article Number
SENDERS RECORD
Mortgage Electronic Re:istration S stems Inc.
P. O. Box 2026
Flint, MI 48501 2026 7196 9008 9111 3569 0816
Certified Article Number
SENDERS RECORD
Richard W. Peterso
PO Box 1521
Afton, WY 83110 7196 9008 9111 3569 0809
SENDERS RECORD
Certified Article Number
Becky L. Peterson
PO Box 1521 7196 9008 9111 3569 0793
Afton, WY 83110
SENDERS RECORD