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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