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HomeMy WebLinkAbout977940235672 !fiance Title Escrow P.O- Box 1367 (emmerer. WY 83101 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN M. Shane Johnson of lawful age, being first duly sworn upon his oath, states and certifies as follows: 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated January 2, 2009, executed and delivered by Justin L. Nield to Mortgage Electronic Registration Systems, Inc. as nominee for Buffalo Federal Savings Bank, a Federal Savings Bank and (b) that certain mortgage dated January 2, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 7, 2009 at Reception No. 944544 in Book 712 at Page 547, 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 real property described below, as follows, to -wit: Lot Eleven (11) of Westview Village Subdivision, Lincoln County, Wyoming, as described on the official plat, map number.222, recorded March 27, 1978 as Document Number 505901 in the office of the clerk, Lincoln County, Wyoming A.P.N.: 12- 3118- 06 -3 -03- 018.00 which has the address of 109 Circle Drive, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: To Branch Banking and Trust Company on May 21, 2014, recorded July 1, 2014 at Reception No. 977280 in Book 835 at Page 396. All in the records of the County Clerk and ex- officio Register 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, Branch Banking and Trust Company "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 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 July 17, 2014 issue of said newspaper and ending with the August 7, 2014 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 statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy 977940 8/12/2014 10:1 6 AM LINCOLN COUNTY FEES: $27.00 PAGE 1 OF 6 BOOK: 837 PAGE: 629 CERTIFICATE JEANNE WAGNER, LINCOLN COUNTY CLERK 1 1111111 111111 1111 111111 Tit 1! 111 III 111111111111111 1111! nil 11111111111111 111! Certificate of Sale Nield 17- 296 -002 Page 1 of 6 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 August 12, 2014 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of 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 $259,372.92 "Bid Sum which was bid and offered by Branch Banking and Trust Company "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 $2,451.00 is to be paid to Crowley Fleck PLLP, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes 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. 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 August 12, 2014, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 12th day of August 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 7 iO kf M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: ✓�ev� f Print Name: Troy Jansen Title: Deputy Sheriff ACKNOWLEDGMENT SS subscribed in The foregoing instrument was acknowledged before me by Troy Jansen Sheriff of Lincoln County, State of Wyoming, this Witness my hand and official seal. my TARY PUBLIC State of Wyoming presence and Deputy 2014. Certificate of Sale Nield 17- 296 -002 Page 2 of 6 STATE OF WYOMING COUNTY OF NATRONA and says: EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Ms. Baldacci of lawful age, being first duly sworn upon her oath, deposes 1. That Ms. Baldacci is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Crowley Fleck PLLP, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated January 2, 2009 (the "Mortgage and recorded on January 7, 2009 at Reception No. 944544 in Book 712 at Page 547 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Justin L. Nield "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc. as nominee for Buffalo Federal Savings Bank, a Federal Savings Bank is the named mortgagee, which Mortgage was assigned for value as follows: To Branch Banking and Trust Company on May 21, 2014, recorded July 1, 2014 at Reception No. 977280 in Book 835 at Page 396. All in the records of the County Clerk and ex- officio Register 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 statutes, before the notice was published, as follows: Justin L. Nield 109 Circle Drive Afton, WY 83110 NOI: 70140510000204428864 NOS: 70140510000204428949 Justin L. Nield 109 Westview Circle Drive Afton, WY 83110 NOI: 70140510000204428857 NOS: 70140510000204428932 Justin L. Nield 1469 S. Lake View Terrace Road Saratoga Springs, UT 84045 -3850 NOI: 70140510000204428840 NOS: 70140510000204428925 Current Resident 109 Circle Drive Afton, WY 83110 NOI: 70140510000204428833 NOS: 70140510000204428918 Westview Village Homeowner's Association P.O. Box 1171 Afton, WY 83110 NOI: 70140510000204428826 NOS: 70140510000204428901 Certificate of Sale Nield 17- 296 -002 Page 3 of 6 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 3, 2014 and the date of the first publication of the notice of foreclosure sale was July 17, 2014. STATE OF WYOMING COUNTY OF NATRONA FURTHER AFFIANT SAYFTH NAUGHT. Witness my hand and official seal. y: U ette Baldacci 6 -3.48) Crow ey Fleck PLLP 152 North Durbin Street, Ste. 220 Casper, WY 82601 307 265 -2279 SS This instrument was acknowledged before me on d5 h day of „DIA( 2014 by Danette Baldacci as attorney of Crowley Fleck PLLP. My Commission Expires: a l Qo/ (0 l'14�C� 1.1,1 Q Notary Public DENi:E HULL STATE: OP WYOMING COUNTY Or NATRONA B a y Commission Ei ,lees 2' b fZ 20W9 PU LIC R Certificate of Sale Nield 17- 296 -002 Page 4 of 6 nit) gage `1• executedl Electromc l�date causm"gi1 o5 yhra am bidder.for'cas theyff�ont co,„or 'A k ff ,pro l)l KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming and interest and real es tate, e'y) 0: 011ig4&Ydated Janu 2 d'by Justin L` Meld "Mortgagor(s) �n Systems Inc as nominee for Buffalo Sayings Bank as security for the Note ofthe same age was recorded on January 7, 2009 at Reception 712 at Page 547 in the.-records of the office of the officio Reg ister of Dee ds;m and for Lincoln County., of age Su, ied onthe official plat, map. number 222,recorded locument Number 5059,01 in the office of the clerk onimg r a opertyabemg foreclosed upon ?may be subject to rances that will not be extinguished at the'sale aser }}should;research the status of title before; e,mortgage,Was a ssi g ne d t o r�ualue as follows nchBanktnglan dT C on °M 45'.:,.'t, 1 2 014 °recorded' t J �1a1 ecep tton No x977280 m Boo k 835 at Page 39 in the�te� o cl s of the Co unty Clerk and ex i Re offic Reg i ster of De eds and coln County ,a Wy a "WHEREA Mort c ont a ins a power o f sal wh tc h` by reason sadd declares to have beco>re operative and no suitcor�pr has-been instituted at law to recover the debt secured 'y oigag any part �thereof nor h any such'sult or proceeding ieemi and the sam ed i scon tinued, and Mor c),21-'„ EI A written notic of i nt e nt to f9F-, eclose. the t gage by a e t and sale has-been serve tipo n s ,the record o wner and the vg y m posse i on ofkthe mortgagedprenuses at l ea st ten (1 0) days p rior t ta iegco h enceent,of{ths publication and the amount due upon the M or gage o ilt iesdate of first publication of this notice of sale being the t o sum o 8 04'48 w hi ch sum consists of the unpaid.prin i. balaneebf$ 18590b 59'plus in a ccru e d to the date of the;firs pub=; catto" bf�this noticetm the amount.of 347 96 p lus escrow deficit in the amount of$13 361 38 4plus late charges'in the:am o f 3 89 573 plus other;Ycost n the amount of $4 804 98�; plus attorneys fees c osts expepd�e ,and accruing a interest and late', charges after the date of,.first E,noti ranch' Banking, a nd Trust' Company, as the; ortgage foreclo as by law provided by to-b;e sold at;:public v.'enue by the Sheriff mcoln Count Wyoming to the hi o'cl ock in:the forenoon on August 12 '20141at,'. i n c ol n County, Courthouse located at S age;' om Lincoln County, for: application on t, tinounts.4.secured ,by M ort g ag e said mort asfo W estvrew D ill .00 Circle Drive Afton'WY 831.10 'ementsthereon ;situate'and all fixtures and B'anking'and Trust'Company By Danette Baldaoci: CROWLEY FLECK PLLP. 152,North Durbin Street Ste 220 CCasper WY 82601 307 -265 2279 Lugust 2014 07-1'70-''` EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Mark Tesoro, 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 Couhty and State; and that the legal notice herein attached was published in said newspaper for the full period of the first publicatio, day of and the last pub day of and that said adv consecutive issues /weeks; ,20 tion being on the 20/4 Bement appeared in eing on the each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF j STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me o; this 7 day of A.D., 20 Notary Sig Mark Tesoro, Publisher Publisher re Certificate of Sale Nield 17- 296 -002 Page 5 of 6 STATE OF WYOMING COUNTY OF NATRONA and says: EXHIBIT C AFFIDAVIT OF ATTORNEY SS Ms. Baldacci, of lawful age, being first duly sworn upon her oath, deposes 1. That Ms. Baldacci is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Crowley Fleck PLLP who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Crowley Fleck PLLP, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $2,451.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fee $1,000.00 Foreclosure Title Policy $745.00 Statutory Mailings $64.80 Publication $499.20 Title Company Appearance Fee $50.00 Lincoln County Sheriff $20.00 Recording Fee $72.00 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law. firm of Crowley Fleck PLLP. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person 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 and residing therein. STATE OF WYOMING COUNTY OF NATRONA FURTHER AFFIANT ETH NAUGHT. Witness my hand and official seal. ft, w B !�%anette Baldac -3248) Crowley Fleck PLLP 152 North Durbin Street, Ste. 220 Casper, WY 82601 307- 265 -2279 SS This instrument was acknowledged before me on -5 day of ,-uk/ 2014 by Danette Baldacci as attorney of Crowley Fleck PLLP. 1�2 a wat AUA Notary Public My Commission Expires: Nz r. i _.r DEM1ME HULL STATE OF WYOMING COUNTY OF NATRONA Mi Commission F :pircl Feb E. 2076 Certificate of Sale Nield 17- 296 -002 Page 6 of 6