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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 1 1 .1 0 SENDER:" COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY m N m m rR O 0 0 0 m rR rR rR r-q N Total Sent 7 Street or PO City, 5 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 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 0 rR r1 r1 0 N 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 i 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= 4 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 Dssee C. Date of Ilvery r4.!: I/ Y Yes 192595- 02- M.1540 r9 D m m ra D D O u r-� r9 r9 0 N U.S. Postal Service. 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 u 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 I B Received kited Name) A. Signature X C. a Agent Dessee ofDelivery O Express Mail Return Receipt for Merchandise C.O.D. 15 p ostmark 102595 -02 -M- 1540 02 Cn c 1 7011 1150 0001 6334 7697 -o 0 A. .5 3 0 c m in a m ,r o w O 5 j3 M m to (1) Ek) z 11 Z H to 0 m kr) 7zr ta 0 rn r z GU rnC N r 2 3 Z 1 r1 fli rn 0 Gri 0 vi rn m 71 7i 73 cs, rn al LA rn r.1 0 010•01■1001•001111 111111M1111111M1011111111•11111111 1111•■■■=11111•1111111•Ip■ 0236 7011 1150 0001 6334 7918 .92 7z) C0), Co 0 0 0 ID r.n z En 0 rn z —I H ID 0 14 RI H gll rz c h —1 1 3 ni C i\I to —I 1 .-i m 0 Ili 0 11 1.11 0 I.4 0 t i ll 01 OD' Al Z 1 .0 7 1 0 tri W •-.1 V :,5t) :1. cii in rn Vi LA 0 0 zr rn Ct) I 0 RD CA 0 00 0237 1111•1■11111111111•11111111111111 11111111111111111MININ I I ■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