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HomeMy WebLinkAbout964351STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson I, being of lawful age, being first duly sworn, state and certifies as follows: CERTIFICATE OF SALE :ss x04`63 1. I am the duly elected and acting Sheriff in and for LINCOLN County, State of Wyoming, and make this Certificate of Sale in such capacity. 2. That a default has occurred under the terms of that certain Mortgage dated January 31, 2006, the "Mortgage securing said note, which Mortgage was given by MARK C. BUCHE and KRISTINA E. BUCHE, mortgagor(s), to said mortgagee, TAYLOR, BEAN WHITAKER MORTGAGE CORP., and was recorded February 2,2006, as Instrument No. 915698 in Book 611, Page 280, 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 property described below, as follows, to -wit: LOT 4 OF GREYS RIVER VALLEY SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of: 334 Meadow Drive, Alpine, Wyoming 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignor: Taylor Bean Whitaker Mortgage Corp. Assignee: U.S. Bank National Association, as Trustee for TBW Mortgage- Backed Trust Series 2006 -2, TBW Mortgage- Backed Pass Through Certificates, Series 2006 -2 Assignment recorded: March 12, 2012 Assignment recording information: Document No. 963623 in Book 782 at page 784 Assignment recorded: September 2, 2010 Assignment recording information: Book 2181, Page 880 All in the records of the County Clerk and ex- officio Registrar 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, U.S. Bank National Association, as Trustee for TBW Mortgage- Backed Trust Series 2006 -2, TBW Mortgage- Backed Pass Through Certificates, Series 2006 -2( "Assignee elected to foreclose the same and at the request and direction of Assignee 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. RECEIVED 5/1/2012 at 3:57 PM RECEIVING 964351 BOOK: 785 PAGE: 463 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 5. That Assignee has caused publication to be made of a notice of foreclosure sale in The Wyoming Tribune Eagle, a newspaper published and having general circulation in LINCOLN County, State of Wyoming, once a week for four consecutive weeks, commencing first with the April 5, 2012 issue of said newspaper and ending with the April 26, 2012 issue of said newspaper, 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 statues 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 May 1, 2012 at 10:00 a.m. in the forenoon, at the front door of LINCOLN County Government Complex at 925 Sage Avenue, 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 $290,890.00 "Bid Sum which was bid and offered by U.S. Bank National Association, as Trustee for TBW Mortgage- Backed Trust Series 2006 -2, TBW Mortgage- Backed Pass Through Certificates, Series 2006 -2( "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 $2,395.96 is to be paid to THE LAW OFFICES OF JAMES H. WOODALL, PLLC, the attorneys for Assignee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by statues 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 in all respects conducted in conformity with the requirements of the Wyoming Statutes. 00464 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 May 1, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. Wyoming. STATE OF WYOMING COUNTY OF LINCOLN DATED this 1st day of May :34.1te of Wyor111ilg Couniy of Linroln My Conirni sI n D ocomhur 4, 2015 ACKNOWLEDGMENT :SS Witness ry.�a}� cial seal MELLISA ASHLEY NOTARY PUULUt.ic 2012 in LINCOLN County, State of M. Shane Johnson Sheriff in and for LINCOLN County, State of Wyoming By: Print Name: Cliff Boyd Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of LINCOLN County, State of Wyoming, this 1st day of May 2012. STATE OF UTAH COUNTY OF SALT LAKE The mortgage was assigned for value as follows: EXHIBIT "A" AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE :ss 0046B James H. Woodall of lawful age, being first duly sworn upon his oath deposes and says: 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of LAW OFFICES OF JAMES H. WOODALL, PLLC, who is the attorney representing U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE BACKED TRUST SERIES 2006 -2, TBW MORTGAGE BACKED PASS THROUGH CERTIFICATES, SERIES 2006 -2 in a procedure to foreclose a certain real estate mortgage dated January 31, 2006 and recorded on February 2, 2006, as Instrument No. 915698 in Book 611, Page 280, (the "Mortgage in the records of the office of the County Clerk and ex- officio Registrar of Deeds in and for LINCOLN County, State of Wyoming, wherein MARK C. BUCHE and KRISTINA E. BUCHE,( "Mortgagors and TAYLOR, BEAN WHITAKER MORTGAGE CORP, "Mortgagee entered into a mortgage which mortgage was assigned as follows: Assignor: Taylor Bean Whitaker Mortgage Corp. Assignee: U.S. Bank National Association, as Trustee for TBW Mortgage- Backed Trust Series 2006 -2, TBW Mortgage- Backed Pass Through Certificates, Series 2006 -2 Assignment recorded: March 12, 2012 Assignment recording information: Document No. 963623 in Book 782 at page 784 All in the records of the County Clerk and ex- officio Registrar 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 statues, before the notice was published as follows: (please see attached sheet) 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 23, 2012 and the date of the first publication of the notice of the foreclosure sale was April 5, 2012. STATE OF UTAH COUNTY OF SALT LAKE DATED this 4 5 1 1, day of April 2012. :ss PATRICIA C THOMAS Notary Public State of Utah Comm. No. 576906 My Comm. Expires Jen 5, 2013 James. oo. all LA OFFI` ES OF JAMES H. WOODALL, PLLC 1081: Rive' Front Parkway, Suite 175 Sout ern, Utah 84095 (801) 254 -9450 This instrument was acknowledged before me on this 4 3° day of April 2012 by James H. Woodall, attorney of the LAW OFFICES OF MES H. WOODALL, PLLC. NOTARY PUBLIC 00467 0 D D 0 a a N 0 D r-a C7 D D D a D r-R rR D N m m r•0 0 D r'R 0 0 0 0 rR rR 0 r4 0 N 0 r A T (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) A L O E TotalF Mark C. Buche 334 Meadow Drive Sent To Alpine, Wyoming 83128 Street, orPO1 City, Si PS Form 3800, August 2006 SeetReverse ructions U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website atwww:uspscomt 3 OF Postage Certified Fee Return Receipt Fee (Endorsement Required) Postmark Here Restricted Delivery Fee (Endorsement Required) Occupant 334 Meadow Drive Alpine, Wyoming 83128 Street, A orPOBi Total F Sent To City, Sta PS Fdrm 3800. August2006 See Reverse for Instructions.' U.S. Postal Service CERTIFIED I MAI L T r MM r R E CEIP e Provided) (Domestic For delivery information visit our website at usP Return Receipt Fee (Endorsement Required) Restricted Delivery (Endorsement Required) Kristina E. Buche PO Box 5171 Sent To Etna, Wyoming 83118 Street, AF or PO Bo. Gity Stat Total Po Postage Certified Fee Postmark Here PS Form 3800, August 2006 See Reverse tor Instructions ru rR N D 0 rl 0 0 D rR D ra ra D N D I.1 P- 1=0 at D 0 rR D D D D ra r-R 0 rR 0 N IU D ra N 0 D r-R D D D D r9 r9 r rR 0 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail` Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® 0 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here Total Pc Sent To Street, AF or PO Bo. City, Stab TM (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www•usps.com5 Postage Certified Fee Retum Receipt.Fee (Endorsement Required) Postmark Here E Restricted Delivery Fee (Endorsemr Krist E. Buche 334 Meadow Drive Alpine, Wyoming 83128 Total Po: Sent To Street, Ap or PO Boa City, State, PS Form 3800, August 2006 See Reverse for Instructions-- Mark C. Buche PO Box 5171 Etna, Wyoming 83118 00468 PS'Form 3800, August 2006 See Reverse for Insfructions'.` U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail. Only; No insurance Coverage Provided) For delivery information visit our website at;www.usps.come O F F: Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here Total MERS PO Box 2026 Flint, Michigan 48501 -2026 Sent Tc Street, orPO1 City, St PS Form 3800. August 2006 See Reverse for Instructions, lti D D rR D D D rR ra D ra D r- U S. Postal Service rr CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps,com,, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total F Sent To Street, A or PO Bc City, Stat Postmark Here Taylor, Bean Whitaker Mortgage Corp. 1417 North Magnolia Ave. Ocala, Florida 34475 I S Fo'rnt r r August 2006 Se@ ieuerse for Instruction s` 00469 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT "B" Trust No. 12- 00085 -8 NOTICE OF FORECLOSURE SALE To: MARK C. RUCHE AND KRISTINA ,E. BUCHE: NOTICE IS HEREBY GIVEN pursuant to WYO. STAT. 34 -4 -101 through 34 -4 -113, that a certain Mortgage dated January 31, 2006, which was executed and delivered by MARK C. BUCHE AND KRISTINA E. BUCHE, HUSBAND AND WIFE, Mortgagors, to TAYLOR, BEAN WHITAKER MORTGAGE CORP., Mortgagee, will be foreclosed by a sale to the highest bidder at a public auction of the premises described pursuant to a power of sale contained in the Mortgage. If you wish to contest said sale, then you must challenge said sale by filing a lawsuit in a court of competent jurisdiction. The Mortgage was filed for record on February 2, 2006, as Entry No. 915698, Book No. 611, Page No. 280 in the office of the Recorder of Deeds, LINCOLN County, State of Wyoming, and assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE- BACKED TRUST SERIES 2006 -2, TBW MORT- GAGE- BACKED PASS- THROUGH CERTIFICATES, SERIES 2006-2 on -March 12, 2012 as document No. 963623. The premises that are described in the Mortgage are as follows: LOT 4 OF GREYS RIVER VALLEY SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. More commonly known as: 334 Meadow Drive, Alpine, Wyoming 83128 The legal notice advertising said sale will be published for four (4) consecutive weeks, at least once a week, in the KEMMERER GAZETTE in the April 5, 2012, April 12, 2012, April 19, 2012 and April 26, 2012 issues. The above sale will be conducted by the Sheriff or the Sheriff's deputy at the front door of the Kemmerer County Courthouse located at 925 Sage Avenue, Kemmerer, Wyoming at 10 :00 a.m. on Tuesday, May 1, 2012. In the (event that a representative from ALLIANCE TITLE ES- CROW OF WYOMING, LLC is not present at the sale, the sale will be postponed until a later date. MARK C. BUCHE AND KRISTINA E. BUCHE defaulted on the terms of the Note and Mortgage, and as of January 27, 2012 the under- signed claims an outstanding balance of $347,629.66. Interest continues to accrue on the unpaid balance. 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: April 3, 2012 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR TBW MORTGAGE- BACKED TRUST SERIES 2006-2, MORTGAGE-BACKED PASS-THROUGH CERTIFI- CATES, SERIES 2006 -2 By: JAMES H. WOODALL ATTORNEY FOR MORTGAGEE 10808 RIVER FRONT PARKWAY,` SUITE 175 SOUTH JORDAN, UTAH 84095 (801) 254-9450 PUBLISH: April 5, 12, 19, 26, 2012 0405C day of Notary S Michael Je 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 A i consecutive issues /weeks; the first publication being on the 5 day of ICI. Q�i,� 20 12 and the last publication being on the 2� ,20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Publisher ROSI.MAl: CAFE! .LEN N()FAIiY r'Ur$1.:11.; County of ataln of Lincoln t Y fr Jycn a Subscribed in my, presence and sworn to before me on this day of by Michael Jensen, Pu i lis A.D., 20 12. 'I 00470 STATE OF UTAH COUNTY OF SALT LAKE 1. That he is an attorney admitted to practice law in the State of Wyoming and is a member of the law firm of the LAW OFFICES OF JAMES H. WOODALL, PLLC and is the attorney representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That James H. Woodall, as attorney for the Mortgagee, will charge the mortgagee fees totaling $2,395.96 as compensation for services actually rendered in the foreclosure proceeding. STATE OF UTAH COUNTY OF SALT LAKE EXHIBIT "C" AFFIDAVIT OF ATTORNEY :ss James H. Woodall, of lawful age, being first duly sworn upon his oath, deposes and says: Attorney Fees 600.00 Title Commitment 1,139.00 Mailings Fee 102.56 Publication Cost 423.40 Assignment 10.00 Title Company to attend 50.00 Recording costs 41.00 Sheriffs fee to conduct sale 10.00 Sheriff's Deed 20.00 TOTAL 2,395.96 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by James H. Woodall. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person who is 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. DATED this® day of April 2012. :ss This instrument was acknowledged before me on this V day of April 2012 James ICES OF JA H. WOODALL, PLLC. PAIR IA C Notary Public State of Utah Comm. No. 576906 My Comm Expires Jan 5, 2013 James H. '6olall LAW O ICE`' OF JAMES H. WOODALL, PLLC 10808'.' fiver Fs•nt Parkway, Suite 175 South Jo Utah 84095 (801) 254 -9450 NOTARY PUBLIC 00471.