HomeMy WebLinkAbout977625fl
On recording return to
Attn: Matt Kim Miller
Holland Hart, LLP
P.O. Box 68
Jackson, Wyoming 83001
STATE OF WYOMING
SS
COUNTY OF TETON
977625 7/22/2014 3:09 PM
LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8
BOOK: 836 PAGE: 456 AFFIDAVIT
JEANNE WAGNER LINCOLN COUNTY CLERK
1 11111 1 11111 11 1111 111 111 11 111 11 111 11 11111 11 111 11 11
1 11
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
Matthew Kim Miller 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, that he
practices with the law firm of Holland Hart, LLP, and that law firm was engaged as the
attorneys representing the mortgagee (the "Mortgagee in a foreclosure by advertisement
and sale as provided under the provisions of W.S. 34 -4 -101, et seq. in relation to a
certain mortgage, being a Multifamily Mortgage, Assignment of Rents and Security
Agreement (the "Mortgage dated July 6, 2007, and recorded on July 6, 2007 at Book 664,
Page 719, as Document No. 931020 with the Lincoln County, Wyoming, County Clerk, as
assigned to Fannie Mae by PNC ARCS LLC, a Delaware limited liability company, pursuant
to an Assignment of Mortgage dated July 6, 2007, and recorded on July 6, 2007 at Book
664, Page 765, as Document No. 931021 with the Lincoln County, Wyoming, County Clerk.
The mortgagor under the Mortgage was High Desert, LLC, a Wyoming limited liability
company.
2. That the Mortgage was foreclosed by reason of default having occurred under the
terms of the note secured thereby.
3. (i) That written notice of intent to foreclose "NOI the Mortgage by advertisement
and sale has been served upon the record owner and the persons 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 (ii) that a copy of the foreclosure sale
notice "FSN to be published was mailed, certified mail, return receipt requested, to all
parties as required by Wyoming statutes, before the notice was published, as follows:
High Desert LLC
P.O. Box 23
Kemmerer, Wyoming 83101
CERTIFIED MAIL NO. N01: 70110470000067054374
CERTIFIED MAIL NO. FSN: 70120470000188913948
1
Howard Hurley
1337 Canyon Road, No. B22
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70110470000067054398
CERTIFIED MAIL NO. FSN: 70120470000188913979
Shane Fluharty
1337 Canyon Road, No. B21
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70093410000142714678
CERTIFIED MAIL NO. FSN: 70120470000188914051
Wilkinson Electric
1337 Canyon Road, No. B1
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70100290000343132649
CERTIFIED MAIL NO. FSN: 70120470000188914037
Dennis Salo
1337 Canyon Road, No. B16
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70093410000142714661
CERTIFIED MAIL NO. FSN: 70120470000188913962
Melvin Altamira
1337 Canyon Road, No. B7
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70100290000343159455
CERTIFIED MAIL NO. FSN: 70120470000188913986
Dale Thurgood
1337 Canyon Road, No. B23
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70100290000343161588
CERTIFIED MAIL NO. FSN: 70120470000188914006
2
Gail and Joseph Van Buren
1337 Canyon Road, No. B16
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70093410000142714654
CERTIFIED MAIL NO. FSN: 70120470000188914044
Adda Ray and Jeff Howard
1337 Canyon Road, No. B2
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70100290000343132625
CERTIFIED MAIL NO. FSN: 70120470000188914020
Juan and Marie Ortiz
1337 Canyon Road, No. B15
Kemmerer, WY 83101
CERTIFIED MAIL NO. N01: 70110470000067054404
CERTIFIED MAIL NO. FSN: 70120470000188913955
Del Bartel
1337 Canyon Road, No. B33
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70093410000142714685
CERTIFIED MAIL NO. FSN: 70120470000188914013
Roseana Moriarity
1337 Canyon Road, No. B11
Kemmerer, WY 83101
CERTIFIED MAIL NO. NOI: 70100290000343159462
CERTIFIED MAIL NO. FSN: 70120470000188913993
4. That while not required pursuant to Wyoming statutes, a notice of intent to foreclose
was posted at the property that is subject to the Mortgage, being commonly known as 1337
Canyon Road, Kemmerer, Lincoln, Wyoming, as evidenced by the attached Returns of
Service from the Sheriff of Lincoln County attached as Exhibit A.
5. That the date of mailing of the notice of intent to foreclose "NOI the Mortgage was
February 11, 2013, that the date of mailing the copy of the published foreclosure sale notice
"FSN was February 25, 2013 and the date of the first publication of the notice of
foreclosure sale was February 28, 2013.
6. That the Mortgagee caused publication to be made of a notice of foreclosure sale in
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 28, 2013 issue of said newspaper and ending with the March 13, 2013 issue
thereof. A copy of the affidavit of such publication is attached hereto as Exhibit B.
7. That the property subject to the Mortgage was sold at public sale, pursuant to the
power of sale, at the front entry of the Lincoln County Courthouse in Kemmerer, Wyoming,
at 10:00 o'clock a.m., on the 2nd day of April, 2013. A Certificate of Purchase dated April
2nd, 2013 was issued by the Lincoln County Sheriff, which was recorded with the Lincoln
County, Wyoming, County Clerk on April 9, 2013 in Book 808, Page 802, as Document No.
970411. A Sheriff's Deed dated August 8, 2013 was issued by the Lincoln County Sheriff,
which was recorded with the Lincoln County, Wyoming, County Clerk on August 16, 2013 in
Book 818, Page 194, as Document No. 972704.
FURTHER AFFIANT Y'P H NAUGHT.
--ter y
Matt Kim Miller, Of Counsel
Holland Hart, LLP
25 S. Willow Street, Suite 200
P.O. Box 68
Jackson, Wyoming 83001
STATE OF WYOMING
COUNTY OF TETON
ss
The foregoing affidavit was acknowledged before me on July 21, 2014 by Matt Kim
Miller as Of Counsel of Holland Hart, LLP.
it/
D V4_
Signature of notarial officer
Notary Public
3
KARIN M. MOORE NOTARY PUBLIC
COUNTY T OF 5 11.6 STATE OF
WYOMING
1 A/Y G94V,I4 ION EXPIRES: a
EXHIBIT A
(see attached)
STATE OF WYOMING
)SS.
COUNTY OF LINCOLN)
SAVA
COUNTY OF
LINCOLN
A L. L 0 R PUBLIC
STATE OF
WYOMING
My Commission Expires 4 1[27/6
4 112`711,
My Commission Expires
RETURN OF SERVICE
I, W. /p of Lincoln County Sheriff's
Office, in and for the said County and State aforesaid, do hereby certify, that
I received the within mot// 'e ("1 7 filed
in the above manner, and that I served the same in the County aforesaid one 1
20/2, by delivery a copy to:
By:
Sheriff M ane J. n
Waftri C K44_
Notary Public bl;.c
\[(1Ue ber X20.2
STATE OF WYOMING
COUNTY OF LINCOLN)
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN r.::'.:i` sl WYOMIN
My Commission Expires
`f 171 r,n
f�llJ
My Commission Expires
RETURN OF SERVICE
I, /i
of Lincoln County Sheriffs
Office, in and for the said County and State aforesaid, do hereby certify, that
I received the within
filed
/4
in the above nner, and that served the same in the County aforesaid on��
200, by delivery a copy to:
A27,7 44037
at: 1,g e— (0/ /c er e--frAk10lh /ir
Sheriff M Shane John .n
By: 777
Notary Public
11& fie( 26-t ,20._12-
EXHIBIT B
(see attached)
OATST.Feb. 28; Matt
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
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 4 consecutive issues/weeks;
the first publication being on the 7,?5
day of _JJ_ 20 13
and the last publication b 'g on the 21
day of y?Znaelj) 20 /3
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNIYOF SDRE OF
LINCOLN ,f WYOMING
MY COMMISSION EXPIRES VAS
Subscribed in my presence and sworn to
before me on this day of
/)/a1/11 A.O., 20 3
Michael J -sen, Publis
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN