HomeMy WebLinkAbout973431!Iliance Title at tscrow
P.O. Box 1367
Kammerer WY 83101
7 1
STATE 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
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
December 22, 2006, the "Mortgage securing said note, which Mortgage was given by JOHN P.
KRABBENHOFT, SR. AND MARJORIE KRABBENHOFT, HUSBAND AND WIFE,
Mortgagor(s), to said OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA
CORPORATION, Original Mortgagee and was recorded January 2, 2007, as Entry No. 925733, in
Book 645, at Page 257 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:
PLEASE SEE LEGAL DESCRIPTION ATTACHED HERETO
with an address of: 90452 Highway 89 North, Grover, Wyoming 83122
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
The mortgage was assigned for value as follows:
Assignor: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA
CORPORATION
Assignee: WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
OPTION ONE MORTGAGE LOAN TRUST 2007 -4, ASSET BACKED
CERTIFICATES, SERIES 2007 -4
0228
Assignment recorded: March 25, 2013
Assignment recording information: Entry NO. 970101, in Book 807, Page 504
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.
RECEIVED 9/25/2013 at 2:47 PM
RECEIVING 973431
BOOK: 821 PAGE: 228
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
4. That the power of sale contained in the Mortgage, having been made operative
by reason of such WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
OPTION ONE MORTGAGE LOAN TRUST 2007 -4, ASSET BACKED CERTIFICATES,
SERIES 2007 "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 KEMMERRER GAZETTE, a newspaper published and having general circulation in
LINCOLN County, State of Wyoming, once a week for four consecutive weeks, commencing first with
the August 29, 2013issue of said newspaper and ending with the September 19, 2013 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 September 24, 2013 at 10:00 a.m. in the forenoon, at the front door of LINCOLN
County Courthouse, located 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 rea property; and that the highest
and best sum bid for said real property was the sum of "Bid Sum which was bid
and offered by WELLS FARGO BANK, NATIONAL ASS CIATION AS TRUSTEE FOR
OPTION ONE MORTGAGE LOAN TRUST 2007 -4, ASSET BACKED CERTIFICATES,
SERIES 2007 "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 $2,127.94 is to be paid to THE LAW OFFICES OF JAMES H.
WOODALL, PLLC, the attorneys for Mortgagee, 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.
0229
9. 0230
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 September 24, 2013, the date
of the sale, unless the property shall have been redeemed as provided by law prior to that time.
STATE OF WYOMING
COUNTY OF LINCOLN
DATED this 24th day of September 2013 in LINCOLN County, State of Wyoming.
Witness my hand and official seal
WHITNEY HYSELL NOTARY PUBLIC
County of
Lincoln
My Commission Expires
State of
Wyomin
ACKNOWLEDGMENT
:ss
M. Shane Johnson
Sheriff in and for LINCOLN County, State of
Wyoming
Title:D Sheri ff
T e fore oing instrument was subscribed in presence and ackn, before me
a a Notary Public bylann Ske` 2JJ eputy Sheriff of
LINCOLN Co nty, State of Wyoming, this 24th day of September 2013.
TS NO. 13- 00341 -8
LEGAL DESCRIPTION
Beginning at a point where the North boundary line of the Southeast Quarter of Section 32, Township 33
North, Range 118 West, 6th P.M., Wyoming, intersects U.S. Highway 89 on the East edge of said Highway,
said point of intersection being approximately 2097 feet West from the Northeast corner of said Southeast
Quarter of said Section 32, and running thence Southeasterly along the East right -of -way boundary of said
Highway, 885.6 feet to the point of beginning, and running thence East 280 feet, thence Northwesterly 165
feet, on a line parallel to the East right -of -way boundary of said U.S. Highway 89, thence West 280 feet, more
or less, to said East right -of -way boundary, thence Southeasterly 165 feet, more or less, along said East right
of -way boundary, to the point of beginning.
ALSO: A tract of land lying in the Northwest Quarter Southeast Quarter of Section Thirty -Two (32),
Township Thirty-Three (33) North, Range 118 West of the 6th P.M., Wyoming, more particularly described as
follows: Beginning at a point which is North 2279.47 feet and West, 1823.00 feet from the Southeast Corner
of said Section 32 and proceeding thence East, 291.10 feet; thence North 41°34' West, 200.00 feet; thence
East, 121.34 feet; thence South 23 °04' East, 232.50 feet; thence South 30 °16' East, 129.15 feet; thence West,
280.00 feet; thence North 41 °34' West, 235.00 feet to the point of beginning.
0231
STATE OF UTAH
COUNTY OF SALT LAKE
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
:ss
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 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR OPTION
ONE MORTGAGE LOAN TRUST 2007 -4, ASSET BACKED CERTIFICATES, SERIES 2007 -4 in
a procedure to foreclose a certain real estate mortgage dated December 22, 2006 and recorded on
January 2, 2007, as Entry No. 925733, in Book 645, at Page 257, (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 JOHN P. KRABBENHOFT, SR. AND MARJORIE KRABBENHOFT,
HUSBAND AND WIFE, "Mortgagors and OPTION ONE MORTGAGE CORPORATION, A
CALIFORNIA CORPORATION "Original Mortgagee entered into a mortgage which mortgage
was assigned as follows:
EXHIBIT "A"
James H. Woodall of lawful age, being first duly sworn upon his oath deposes and says:
The mortgage was assigned for value as follows:
Assignor: OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA
CORPORATION
Assignee: WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
OPTION ONE MORTGAGE LOAN TRUST 2007 -4, ASSET BACKED
CERTIFICATES, SERIES 2007 -4
Assignment recorded: March 25, 2013
Assignment recording information: Entry NO. 970101, in Book 807, Page 504
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
0232
requested, to all parties as required by Wyoming statues, before the notice was published as follows:
(please see attached sheets)
3. That the date of mailing of the notice of intent to foreclose the Mortgage was
August 15, 2013 and the date of the first publication of the notice of the foreclosure sale was August 29,
2013.
STATE OF UTAH
COUNTY OF SALT LAKE
this
H. WOODALL, PLLC.
DATED this 2.0day of September 2013.
:ss
James f odall
LAW •FFI! ES OF JAMES H. WOODALL, PLLC
1081 f: Riv Front Parkway, Suite 175
Sou an, Utah 84095
(801) 254 -9450
This instrument was acknowledged before me C 1 n,c t Oct hse_ a Notary Public on
day of September 2013 by James H. Woodall, attorney of the LAW OFFICES OF JAMES
1 FLU))
NOTARY P IC
Notary Public
CINDY HANSEN
Commission #809463
My Commission Expires
June 01, 2015
State of Utah
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COMPLETE THIS SECTION ON DELIVERY
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item 4 If Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1,. Article Addressed to:
John P. Krabbenhoft, Sr.
PO Box 187
Grover, Wyoming 83122
2. Article Number
(Transfer from ervice Zabel
PS Form 3811, February 2004
1
U.S. Postal. ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our websfte at www.usps.come,
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Postmark
Here
John P. Krabbenhoft, Sr. Living Trust
John P. Krabbenhoft, Sr., Trustee
PO Box 187
Grover, Wyoming 83122
PS.Vorm,3800, 'August ,2006
e, Instructions'.
Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the`mailpiece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number
(Transfer from sery /ce label)
PS Form 3811, February 2004
13- 00341 -8
A. Signature
X
Domestic Return Receipt
B. "Received ja (Printed Name) C. Date of Delivery
—13
D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: No
3. Service Type
In Certified Mail
Registered
Insured Mail
4. Restricted Delivery? (Extra Fee) Yes
7011 1150 0001 6334 7680
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Joha:P. Krabbenhoft, Sr. Living Trust
Johns Krabbenhoft, Sr., Trustee
POBox 187
Grower, Wyoming 83122 13- 00341 -8
U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Posta
Sent To
Street, Apt. Nc
or PO Box No.
City, State, ZIF
Agent
essee
Express Mail
Return Receipt for Merchandise
C.O.D.
Postage
Certified Fee
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102595.02- M- 154(kk
John P. Krabbenhoft, Sr.
PO Box 187
Grover, Wyoming 83122
0234
Postmark
Here
PS Form 38Q0;'A +.ust.2006
See Reverse for lnstrur;tion,
SENDER: COMPLETE THIS SECTION
CO'41PLETE THIS SECTION ON DELIVERY
A. Sir nat
X
B f eceived •riot
'am=
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D. Its deliv address different from item 1?
RYES, enter delivery address below: No
Domestic Return Receipt
3. Service Type
Certified Mail Express Mail
Registered Return Receipt for Merchandise
Insured Mail OD.
4. Restricted Delivery? (Extra Fee)
7011 1150 0001 6334 7703
Agent
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CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.come
Retum Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
John P. Krabbenhoft, Sr.
PO Box 187
Grover, Wyoming 83122
Total F
Sent To
Street,
or POE
City, St
Postage
Certified Fee
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
in Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
John P Krabbenhoft, Sr. Living Trust
John P. Krabbenhoft, Sr., Trustee
PO Box87
Grover, Wyoming 83122 13- 00341 -8
2. Article Number
(Transfer from `servlce label)
r PS Form 3811, February 2004
PS Form 3800, August 2006
See Reverse for ln5tructions
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
John P. Krabbenhoft, Sr.
PO Box 187
Grover, Wyoming 83122
2. Article Number
Transfer from service label)
PS Form 3811, February 2004
ostmark
l3
13- 00341 -8
Domestic Return Receipt
Domestic Return Receipt
issiffis
A. Signature
D ent
ItdAddressee
r
Receive. by r inted Name) C. Date of Delivery
D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: I
3. Service Type
Certified Mail
Registered
Insured Mail
Express Mali
Return Recelptftir Merchan5
4. Restricted Delivery? (Extra Fee) Yi
7011 1150 0001 6334 7925
3. Service Type
Certified Mail
Registered
Insured Mail
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total
Sent Tc
Street,
or PO
City, 5
D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: E1 N
4. Restricted Delivery? (Extra Fee) Yes
7011 1150 0001 6334 7901
1025.95- o044540
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U.S. Postal''ServiceTh,
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.coinf
John P. Krabbenhoft, Sr. Living Trust, dated
May 10, 2011
John P. Krabbenhoft, Sr., Trustee
90452 Highway 89 North
Grover, Wyoming 83122
PS Form 3800, August2006
ructions
SENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
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■21
TWO
KEMMERER GAZETTE=
AFFIDAVIT OF PUBLICATION
Kemmerer Gazelle
Kemmerer, Wyoming
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 pubil
day of
and the last pu
day of
consecutive Issues /weeks;
atlon being on the ,2q
20 I
ation being on the
20 r
and that said advertisement appeared In
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN N TARY PUBLIC
COUNTY OF STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES 5/5/18
Michael ]ease, fisher
Subscribed In my presence and sworn to
before m on this q, day of
by Mic ae sen, Publisher.
otary Signatur
KEMMERER, WYOMIN..
STATE OF WYOMING
)ss,
COUNTY OF LINCOLN
A.D., 20
0238
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:
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 $2,127.94 as compensation for services actually rendered in the foreclosure
proceeding.
Attorney Fees
Title Commitment
Mailings Fee
Publication Cost
Recording costs
Sheriff's fee to conduct sale
Title Company to attend
Sheriff's Deed
TOTAL
600.00
655.00
85.54
562.40
45.00
10.00
150.00
20.00
2,127.94
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.
STATE OF UTAH
COUNTY OF SALT LAKE
DATED this day of September 2013.
:ss
James H. a
LAW 0 OF JAMES H. WOODALL, PLLC
10808 Ri ont Parkway, Suite 175
South Jord. Utah 84095
(801) 254 -9450
This instrument was acknowledged before me� i VI Cl `f C�l1S`eJ" a Notary Public
on this U day of September 2013 by James H. Woodall, attorney bf t e LAW OFFICES OF JAMES
H. WOODALL, PLLC.
o. ra Notary Pub
i CINDY HANSEN 1
iy Q Commission *609463
My Commission Expires
1 June 01,2015 1
State of Utah
.w:. am. wr
0239