HomeMy WebLinkAbout978609911 boc1 q/Lv /CLL `f"'
LINCO' TYTY FEES: $48.00 PAGE 1
BOOK`. 4Q »AGE: 484 CERTIFICATE
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111IIII1 IIII IIIII IIIII II I III IIII IIIII I1 I1 II II 11111 1II II I III IIII IIII
CERTIFICATE OF SHERIFF'S SALE
The undersigned, by virtue of a foreclosure by advertisement and sale, as previously published in
favor of Mortgage Electronic Registration Systems, Inc. "MERS as nominee for Countrywide Home
Loans, Inc., and under authority of that Mortgage as recorded on October 22, 2012 as Rec. No. 967451,
Book 796, Page 493, as recorded in the Office of the County Clerk, Lincoln County, Wyoming and
Wyo. Stat. §34 -4 -102, as assigned to The Bank of New York Mellon FKA The Bank of New York, as
Trustee for the Certificateholders CWABS, Inc., Asset- Backed Certificates, Series 2006 -24, as
Mortgagee, recorded April 1, 2013 as Rec. No. 970266, Book 808, Page 129 in the public records of the
County Clerk of Lincoln County, Wyoming. I, Shane Johnson, the Sheriff of Lincoln County,
Wyoming, or his assignee, was directed to sell the property described below, according to law, and to
apply the proceeds of the sale to satisfy the debt of $483,981.14 which includes the unpaid principal and
accrued but unpaid interest which continues to accrue at the rate of $73.35 per day for a total bid of
$204,300.00.
I certify that on September 30, 2014, I sold to the highest bidder at public auction conducted by
me at the Lincoln County Courthouse, Kemmerer, Wyoming, according to law and after due notice as
published in the local paper, a paper of general circulation in the County, all of the following real
property:
A tract of land in the West Half of the Southwest Quarter of Section 6, Township 31
North, Range 118 West of the 6th P.M., Lincoln County, Wyoming, said tract being more
particularly described as follows: Beginning at a point on the South line of the Northwest
Quarter of the Southwest Quarter of said Section 6, said point of beginning lying North
89 °43'30" East, 39.39 feet from the Southwest corner thereof (South one sixteenth
corner), said Southwest corner being a MAG nail in asphalt with reference monuments
South 88 °22'05" West, 59.13 feet and North 77 °02'35" East, 40.51 feet, each reference
monument being a 31/4" brass cap inscribed "Paul N. Scherbel RLS 164" and appropriate
details, said point of beginning also lying on the Easterly right -of -way line of U.S.
Highway No. 89; thence Northerly 11.14 feet along said right of way, 50.00 feet Easterly
from the centerline of a 3 °00 spiraled curve concave to the Northeast, having spiral
length of 450.00 feet, a spiral angle of 06 °45', and a beginning tangent of South 0 °05'02"
West, said spiral curve beginning at a point lying North 03 °25'56" West, 197.44 feet
from said South one sixteenth corner, with last stated course along said right of way
having a long chord which bears North 01°08'12" West, 11.14 feet; thence South
89 °57'37" East, 104.72 feet; thence North 89 °30'45" East, 101.17 feet; thence South
89 °56'22" East, 131.48 feet; thence North 89 °12'44" East, 44.73 feet to a fence which
bears North; thence South 00 °16'30" East, 10.57 feet along the prolongation of the North
line of said North Half of the South Half of the Southwest Quarter; thence North
89 °43'30" East, 60.25 feet along said North line; thence South 00 °02'23" West, 660.29
feet to a point on the South line of said North Half of the South Half of the Southwest
Quarter; thence South 9°36'14" West, 302.50 feet along the South line thereof to a point
on the Easterly right -of -way line of said U.S. Highway No. 89, said point lying North
89 °36' 14" East, 179.08 feet from the Southwest corner of said North Half of the South
Half of the Southwest Quarter (South -South one sixty -forth corner), a 3 brass cap
inscribed "Paul N. Scherbel RLS 164" and appropriate details, said point also lying North
45 °47'40" East, 0.46 feet from a Wyoming Highway Department reference marker, said
CL
1
point also lying on a curve concave to the East, from which the radius point bears North
69 °56' 12" East, 1834.86 feet; thence the following four (4) courses along said right -of-
way line: Northerly, 9.73 feet along the arc of said curve, through a central angle of
00 °18'14 the long chord which bears North 19 °54'41" West, 9.73 feet; thence South
70 °14'26" West, 25.00 feet, along the prolongation of the radial line, to the Point of
Curvature of a curve having the same radius point, the radius of which is 1859.86 feet,
said point of curvature lying South 79°12'06" West, 1.04 feet from a Wyoming Highway
Department reference marker; thence Northerly 425.02 feet, along the are of said curve,
through a central angle of 13 °05'36 the long chord of which bears North 13 °12'46"
West, 424.09 feet, to a point lying North 83 °20'02" East, 50.00 feet from the highway
centerline Spiral to Curve point of last said spiral curve; thence Northerly 139.33 feet
along said right -of -way; 50.00 feet Easterly from the centerline of said spiral curve, the
long chord of which bears North 04 °44'38" West, 139.31 feet, to a point on the South
line of that tract of land described in the Warranty Deed recorded in Book 74PR on page
412, of the Lincoln County Records; thence the following five (5) courses along the
boundary thereof: South 89 °57'37" East, 128.99 feet; thence North 00 °02'23" East, 70.00
feet; thence North 89 °57'37" West, 28.50 feet; thence North 00 °02'23" East, 9.00 feet;
thence North 89 °57'37" West, 103.76 feet to a point on said Easterly right -of -way line,
Easterly 50.00 feet from the centerline of said spiral curve; thence Northerly 28.87 feet
along said right -of -way line, 50.00 feet Easterly from the centerline of said spiral curve,
the long chord of which bears North 01 °25'08" West, 28.87 feet, to the point of
beginning.
with an address of 83130 US Highway 89, Afton, Wyoming 83110 -9749.
The sale was conducted according to notice; the highest bidder was The Bank of New York
Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWABS, Inc., Asset Backed
Certificates, Series 2006 -24, through its Servicer, Bank of America, N.A., for the amount of
$204,300.00. The sale is subject to redemption within four months, dependent on status as specified in
W.S. §1 -18 -103.
I have executed this Certificate on this 30 day of September, 2014.
STATE OF WYOMING
COUNTY OF LINCOLN
My commission expires: (1r- 18
My Commission Expires
eputy
Sheriff
CHRISTYMISPLAY NOTARY PUBLIC
State of
County of Wyoming
Lincoln =Z�.
SS
Sheriff, Linco County, Wyoming
The foregoing instrument was acknowledged before me by iohn P. Stetzenback as
Sheriff/ Deputy Sheriff, Lincoln County, Wy i s this 30t tl day of September, 2014.
.:��i1 if,, .►�.l
AFFIDAVIT OF COUNSEL
I, Bruce S. Asay, being first duly sworn to depose and state as follows:
1. I am an attorney duly licensed in the state of Wyoming to practice law and am familiar
with the prerequisites to foreclosure as contained in W.S. 34 -4 -101 et seq and specifically in
W.S. 34 -4 -103 and that the prerequisites have been accomplished in regard to the foreclosure
sale of Melvin Shoell and Angie Shoell, as published in the County of Lincoln in the Star Valley
Independent as required by the referenced statute. Further, an Affidavit of Publication is
attached to this affidavit. In addition, a written Notice of Intent to Foreclose the Mortgage was
served upon Melvin Shoell and Angie Shoell, the record owners and persons in possession if
different, pursuant to statute, specifically W.S. 34 -4 -103 at least ten days prior to publication as
evidenced by a copy of the Notice as contained in the attachment.
2. As the prerequisites up to foreclosure have been accomplished as contained in W.S.
34 -4 -103, and that Notice of said foreclosure sale has been mailed to specific parties, including
the record owners and person in possession if different and subordinate lienholders of record (if
any), then published appropriately in a newspaper in Lincoln County, Wyoming consistent with
the requirements of W.S. 34 -4 -104, said foreclosure sale is appropriate.
3. As an attorney licensed to practice law in the state of Wyoming, I would provide this
Affidavit consistent with W.S. 34 -4 -112 and request costs and expenses associated with the
sale: including the costs of advertisement ($1,196.80); record report ($150.00); Sheriff's fee
($10.00); Agent Fee ($50.00); photocopies, recording and postage ($57.96); and attorney's fee
($1000.00) as authorized by mortgagee.
4. Further the affiant would state that there has been and is no agreement, express or
implied, between the undersigned and his client, nor between him and any other person except a
practicing attorney in this state engaged with him as an attorney in the foreclosure proceeding,
for any sharing or division of fees so to be allowed or added to the debt involved, and said fee
when so allowed or added to the debt shall be only as compensation for services actually
rendered in the foreclosure proceeding by an attorney admitted to practice in this state and
residing therein.
FURTHER the affiant sayeth naught.
Dated this S�` day of September, 2014.
say
Associated Lega Group LLC
1807 Capitol A .enue, Ste 203
Cheyenne, WY 82001
307 632 -2888
STATE OF WYOMING
COUNTY OF LARAMIE
ss.
Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce S. Asay,
this 4;15 day of September, 2014.
My Commission Expires: Jt, 2/15 l'A 0 5
EMILY N. BATES NOTARY PUBL C
COUNTY OF
LARAMIE ':d i L-,'_" STATE• OF
WYOMING
A11' COMMISSION EXPIRES FEB. 15, 2015
R
Notary
Pu l
I SARAH HALE, Managing Editor of the Star Valley Independent,
published weekly at Afton, Lincoln County, Wyoming, do solemnly swear
that the notice, a copy of which is hereto attached, was published weekly in
the regular and entir issue of said newspaper, and not in any supplement
thereof, for consecutive issues,
commencing with the issue date 1110 2014, and
ending with issue dated 2014.
Sub ribe and sworn in before me this Qom— day of
a 2014.
My commission expires August 31, 2017
�,4
otary
JANA BRYANT NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires August 31, 2017
J
NOTICE OF FORECLOSURE SALE
WHEREAS, default in the payment of principal and interest has occurred under the terms of a
promissory note dated November 25, 2006 executed and delivered by Melvin Shoell and Angie
Shoell to Lender, Countrywide Home Loans, Inc., and a real estate mortgage of the same date
securing the Note, which Mortgage was recorded in favor of Mortgage Electronic Registration
Systems, Inc., "MERS as Mortgagee acting solely as nominee for Lender and Lender's
successors and assigns, recorded on October 22, 2012 as Rec. No. 967451, Book 796, Page 493,
in the public records in the office of the County Clerk of Lincoln County, Wyoming; as assigned
to The Bank of New York Mellon FKA The Bank of New York, as Trustee for the
Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 -24 as Mortgagee,
recorded April 1, 2013 as Rec. No. 970266, Book 808, Page 129 in the public records in the
office of the County Clerk of Lincoln County, Wyoming. The premises that are described in the
Mortgage are as follows:
A tract of land in the West Half of the Southwest Quarter of Section 6, Township
31 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming, said tract
being more particularly described as follows: Beginning at a point on the South
line of the Northwest Quarter of the Southwest Quarter of said Section 6, said
point of beginning lying North 89 degrees 43'30" East, 39.39 feet from the
Southwest corner thereof (South one sixteenth corner, said Southwest corner
being a MAG nail in asphalt with reference monuments South 88 degrees 22'05"
West, 59.13 feet and North 77 degrees 02'35" East, 40.51 feet, each reference
monument being a' 3 brass cap inscribed "Paul N. Scherbel RLS 164" and
'appropriate details, said point of beginning also lying on the Easterly right -of -way
line of U.S. Highway 89; thence Northerly 11.14 feet along said right of way,
50.00 feet Easterly from the centerline of a 3 degrees 00 spiraled curve concave to
the Northeast, having spiral length of 450.00 feet, a spiral angle of 06 degrees 45',
and a beginning tangent of South 0 degrees 05'02" West, said spiral curve
beginning at a point lying North 03 degrees 25'56" West, 197.44 feet from said
South one sixteenth corner, with last stated course along said right of way having
a long chord which bears North 01 degrees 08' 12" West, 11.14 feet; thence South
89 degrees 57'37" Est, 104.72 feet; thence North 89 degrees 30'45" East, 101.17
feet; thence South 89 degrees 56'22" East, 131.48 feet; thence North 89 degrees
12'44" East, 44.73 feet to a fence which bears North; thence South 00 degrees
16'30" East, 10.57 feet along the prolongation of the North line of said North Half
of the South Half of the Southwest Quarter; thence North 89 degrees 43'30" East,
60.25 feet along said North line; thence South 00 degrees 02'23" West, 660.29
feet to a point on the South line of said North Half of the South Half of the
Southwest Quarter; thence South 9 degrees 36' 14" West, 302.50 feet along the
South line thereof to a point on the Easterly right -of -way line of said U.S.
Highway No. 89, said point lying North 89 degrees 36'14" East, 179.08 feet from
the Southwest corner of said North Half of the South Half of the Southwest
Quarter (South -South one sixty -forth corner), a 3 brass cap inscribed "Paul N.
Sherbel RLS 164" and appropriate details, said point also lying North 45 degrees
47'40" East, 0.46 feet from a Wyoming Highway Department reference marker
said point also lying on a curve concave to the East, from which the radius point
bears North 69 degrees 56'12" East, 1834.86 feet; thence the following four (4)
courses along said right -of -way line: Northerly, 9.73 feet along the arc of said
curve, through a central angle of 00 degrees 18' 14 the long chord of which
bears North 19 degrees 54'41" West, 9.73 feet; thence South 70 degrees 14'26"
West, 25.00 feet, along the prolongation of the radial line, to the Point of
Curvature of a curve having the same radius point, the radius of which is 1859.86
feet, said point of curvature lying South 79 degrees 12'06" West, 1.04 feet from a
Wyoming Highway Department reference marker; thence Northerly 425.02 feet,
along the are of said curve, through a central angle of 13 degrees 05'36 the long
chord of which bears North 13 degrees 12'46" West, 424.09 feet, to a point lying
North 83 degrees 20'02" East, 50.00 feet from the highway centerline Spiral to
Curve point of last said spiral curve; thence Northerly 139.33 feet along said
right -of -way, 50.00 feet Easterly from the centerline of said spiral curve, the long
chord of which bears North 04 degrees 44'38" West, 139.31 feet, to a point on the
south line of that tract of land described in the Warranty Deed recorded in Book
74PR on page 412, of the Lincoln County Records; thence following five (5)
courses along the boundary thereof: South 89 degrees 57'37" East, 128.99 feet;
thence North 00 degrees 02'23" East, 70.00 feet; thence North 89 degrees 57'37"
West, 28.50 feet; thence North 00 degrees 02'23" East, 9.00 feet; thence North 89
degrees 57'37" West, 103.76 feet to a point on the said Easterly right -of -way line,
Easterly 50.00 feet from the centerline of said spiral curve; thence Northerly
28.87 feet along said right -of -way line, 50.00 feet Easterly from the centerline of
said spiral curve, the long chord of which bears North 01 degrees 25'08" West,
28.87 feet, to the point of beginning
with an address of 83130 US Highway 89, Afton, WY 83110 -9749.
The Bank of New York Mellon FKA The Bank of New York, as Trustee for the
Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 -24 has served a written
Notice of Intent to Foreclose the Mortgage by Advertisement and Sale pursuant to the terms of
the Mortgage to the record owner or party in possession in accordance with the statute ten (10)
days prior to the first publication of the sale.
The amount due and owing on the date of the first publication is $301,652.08 which includes the
unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid
balance at the rate of $73.35 per day.
The property being foreclosed upon may be subject to other liens and encumbrances that will not
be extinguished at the sale and any prospective purchaser should research the status of title
before submitting a bid.
NOTICE IS HEREBY GIVEN, pursuant to W.S.§ 34 -3 -101 et seq., (1977 Republished Edition)
that the above described property will be at public venue sold by the Sheriff of Lincoln County,
to the highest bidder at the hour of 10:00 o'clock A.M. on the 30th of September, 2014, at the
front steps of the Lincoln County Courthouse.
DATED this 14th day of August, 2014.
BY: Bruce S. Asay
Associated Legal Group, LLC
1807 Capitol Ave Suite 203
Cheyenne, WY 82001
(307) 632 -2888
Attorney for The Bank of New York Mellon FKA The Bank of New York, as Trustee for
the Certificateholders CWABS, Inc., Asset Backed Certificates, Series 2006 -24
Publish dates: August 21, 28, September 4, and 11, 2014
Er
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery,infOriaation visit our website at wwimisps.come,
r% Pr:
Er
Postage
Certified Fee
Retum Recelpt:Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage Fees
142
n t T
Se o
r 11 elVin
R 8.z &clic 91901
El Street, Apt. Nn..;
or PP Box No. $.3130 its 39
City, State, Z!P+4 Afton wv g3110 17 I'
P S v ro t m 3800,
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
BY ADVERTISEMENT AND SALE
TO: Melvin Shoell Angie Shoell
83130 US Hwy 89
Afton, WY 83110 -9749
Mailing Address:
83130 US Hwy 89
Afton, WY 83110 -9749
Default in a condition of the hereinafter described mortgage having occurred by reason of
which the power of sale therein has become operative, and pursuant to Wyoming Statutes 34-4
103(a)(iv), you are hereby notified that after ten days from date hereof, Bank of America, N.A.,
as servicer for The Bank of New York Mellon FKA The Bank of New York, as Trustee for the
Certificateholders CWABS, Inc., Asset- Backed Certificates, Series 2006 -24 intends to
commence publication in the Star Valley Independent newspaper, at Afton, Wyoming, the notice
of sale, to wit:
Real Estate Mortgage executed by Melvin Shoell and Angie Shoell, as Mortgagors, in
favor of Mortgage Electronic Registration Systems Inc. "MERS as Mortgagee solely as
nominee for Countrywide Home Loans, Inc., recorded on October 22, 2012 as Rec. No. 967451,
Book 796, Page 493, in the public records in the office of the county clerk of Lincoln County,
Wyoming; as assigned to The Bank of New York Mellon FKA The Bank of New York, as
Trustee for the Certificateholders CWABS, Inc., Asset- Backed Certificates, Series 2006 -24,
recorded on April 1, 2013 as Rec. No. 970266, Book 808, Page 129, in the public records in the
office of the county clerk of Lincoln County, Wyoming; given to secure payment of the original
principal sum of $300,000.00 and mortgaging all of the property located at 83130 US Highway
89, Afton, Wyoming 83110 -9749, more particularly described as:
A tract of land in the West Half of the Southwest Quarter of Section 6, Township 31
North, Range 118 West of the 6 P.M., Lincoln County, Wyoming, said tract being
more particularly described as follows: Beginning at a point on the South line of the
Northwest Quarter of the Southwest Quarter of said Section 6, said point of beginning
lying North 89 °43'30" East, 39.39 feet from the Southwest corner thereof (South one-
sixteenth corner, said Southwest corner being a MAG nail in asphalt with reference
monuments South 88 °22'05" West, 59.13 feet and North 77 °02'35" East, 40.51 feet,
each reference monument being a 31/4" brass cap inscribed "Paul N. Scherbel RLS
164" and appropriate details, said point of beginning also lying on the Easterly right
of -way line of U.S. Highway 89; thence Northerly 11.14 feet along said right of way,
50.00 feet Easterly from the centerline of a 3°00 spiraled curve concave to the
Northeast, having spiral length of 450.00 feet, a spiral angle of 06 °45', and a
beginning tangent of South 0 °05'02" West, said spiral curve beginning at a ;point
lying North 03 °25'56" West, 197.44 feet from said South one sixteenth corner, with
last stated course along said right of way having a long chord which bears North
01 °08'12" West, 11.14 feet; thence South 89 °57'37" Est, 104.72 feet; thence North
89 °30'45" East, 101.17 feet; thence South 89 °56'22" East, 131.48 feet; thence North
89 °12'44" East, 44.73 feet to a fence which bears North; thence South 00 °16'30"
East, 10.57 feet along the prolongation of the North line of said North Half of the
South Half of the Southwest Quarter; thence North 89 °43'30" East, 60.25 feet along
said North line; thence South 00 °02'23" West, 660.29 feet to a point on the South line
of said North Half of the South Half of the Southwest Quarter; thence South 9 °36' 14"
West, 302.50 feet along the South line thereof to a point on the Easterly right -of -way
line of said U.S. Highway No. 89, said point lying North 89°36'14" East, 179.08 feet
from the Southwest corner of said North Half of the South Half of the Southwest
Quarter (South -South one -sixty -forth corner), a 3 brass cap inscribed "Paul N.
Sherbel RLS 164" and appropriate details, said point also lying North 45 °47'40"
East, 0.46 feet from a Wyoming Highway Department reference marker said point
also lying on a curve concave to the East, from which the radius point bears North
69°56'12" East, 1834.86 feet; thence the following four (4) courses along said right
of -way line: Northerly, 9.73 feet along the arc of said curve, through a central angle
of 00°18'14", the long chord of which bears North 19 °54'41" West, 9.73 feet; thence
South 70 °14'26" West, 25.00 feet, along the prolongation of the radial line, to the
Point of Curvature of a curve having the same radius point, the radius of which is
1859.86 feet, said point of curvature lying South 79 °12'06" West, 1.04 feet from a
Wyoming Highway Department reference marker; thence Northerly 425.02 feet,
along the are of said curve, through a central angle of 13 °05'36 the long chord of
which bears North 13 °12'46" West, 424.09 feet, to a point lying North 83 °20'02"
East, 50.00 feet from the highway centerline Spiral to Curve point of last said spiral
curve; thence Northerly 139.33 feet along said right -of -way, 50.00 feet Easterly from
the centerline of said spiral curve, the long chord of which bears North 04 °44'38"
West, 139.31 feet, to a point on the south line of that tract of land described in the
Warranty Deed recorded in Book 74PR on page 412, of the Lincoln County Records;
thence following five (5) courses along the boundary thereof: South 89 °57'37" East,
128.99 feet; thence North 00 °02'23" East, 9.00 feet; thence North 89 °57'37" West,
28.50 feet; thence North 00 °02'23" East, 9.00 feet; thence North 89 °57'37" West,
103.76 feet to a point on the said Easterly right -of -way line, Easterly 50.00 feet from
the centerline of said spiral curve; thence Northerly 28.87 feet along said right -of -way
line, 50.00 feet Easterly from the centerline of said spiral curve, the long chord of
which bears North 01 °25'08" West, 28.87 feet, to the point of beginning.
DATED this 18th day of July, 2014.
BANK OF RICA, N.A.
By:
Bruce Ssay
Associated Legal, rou LLC
g P�
1807 Capitol Ave., Suite 203
Cheyenne, WY 82001
307 632 -2888
Attorney for Bank of America, N.A.
LC 1\11 1111111
7014 0510 0001 365 F IA79
szeol@4sss
,c0 POstij
co
PITNEY BOWES
02 1P $006.48°
0003309572 JUL 15 2014
MAILED FROM ZIP 000E82001
MELVIN SHELL
ANGIe SHOE
$3130 1,6 Hva
NIXIE sa2 DC I DS07/31114
AFTON WY S31. RETURN TO 5ENDER
i
NOT DELIVERASLE AS ADDRESSED I
UNABLE T FORWARD
i
g .7. cl
*1379-075AS-1E-35 N
ift;
7014 0510 0001 3655 9
11,
0
0
5
0
5