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HomeMy WebLinkAbout978937AS-Mearfe...11i Masan LLC e T1Lr and ra coti way 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 First Horizon Home Loans, a division of First Tennessee Bank, N.A., and under authority of that Mortgage as recorded on September 25, 2007 as Rec. No. 933432, Book 673, Page 298, as recorded in the Office of the County Clerk, Lincoln County, Wyoming and Wyo. Stat. §34 -4- 102, as assigned to Federal National Mortgage Association, recorded on August 25, 2011 as Rec. No. 960704, Book 771, Page 654, in the public records of the office 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 $232,166.99 which includes the unpaid principal and accrued but unpaid interest which continues to accrue at the rate of $20.34 together with costs of $1,758.40 per day for a total bid of $233,925.39. I certify that on October 21, 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: Lot 21 of the Westview Village Subdivision, Lincoln County, Wyoming as described on the official plat filed on March 27, 1978 as Instrument No. 505901 of the records of the Lincoln County Clerk; with an address of 132 Circle Drive, Afton, Wyoming 83110. The sale was conducted according to notice; the highest bidder was Seterus, Inc., as servicer for Federal National Mortgage Association, for the amount of $233,925.39. 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 21st day of October, 2014. STATE OF WYOMING COUNTY OF LINCOLN Witness my hand official seal. My commission expires Sheriff ep;�ty Sheriff, Lii[ oln County, Wyoming 978937 10/21/2014 10:53 AM LINCOLN COUNTY FEES: $36.00 PAGE 1 OF 9 BOOK: 841 PAGE: 754 CERTIFICATE SS JEANNE WAGNER, LINCOLN COUNTY CLERK 11 11111111111 IIII 11111111111 II II 1 111 11111 IIIII 11111 1111 IIIII II II II 1 11 1111 1111 The foregoing instrument was acknowledged fore me by John P Stetzenbach as Sheriff Deputy Sheriff, Lincoln County, W mi 't_ 's 21st day of October, 2014. 1 CHRISTY MISPLAY NOTARY PUBLIC County of State of Lincoln Wyoming 1^nmmigaifln EXOir9S 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 Forrest McMurdo, 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 Forrest McMurdo, 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 ($480.00); record report ($150.00); Sheriff's fee ($10.00); Agent fee ($50.00); photocopies, recording and postage ($68.40); 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 i+ day of October, 2014. Bruce Associat- egal oup LLC 1807 Capitol Ave ue, Ste 203 Cheyenne, WY 8 001 307 632 -2888 STATE OF WYOMING COUNTY OF LARAMIE My Commission Expires: 0 it S Jab s 5 ss. Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce S. Asay, this I (D M day of October, 2014. M Y EMILY N. BATES NOTARY PUBLIC COUNTY OF 1.44°P.,.'4\-• 1.44°P.,.'4\-• LARAMIE �"'•'�`Y'.'iP. .�..5i�f0� COMMISSIOI; EXPIRES FEB. 15, 2015• Notary P blic 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 entire issue of said newspaper, and not in any supplement consecutive issues, 2014, and thereof, for 1-?:54 4 ,r commencing with the issue da ending with issue dated be and sworn in before me this 2014. My commission expires August 31, 2017 CLQSI 2007_> 2014. day of 1 LAM mot. 11 JANA BRYANT NOTARY PUBLIC State of Wyoming County of Lincoln My Commission Expires August 31, 2017 ublic 1•(j UO o ctoc Octobef }e20] steps of nc DATED[ th :201 ierty`�being foreclosed: y' be su b to other Encum b rancject es :that will tatiish at the sale five M purchaser' the statt s; of lishel d escri ih c venue sold by !KO it County, to` '.er at the hour of; Vf eon tle 21st of r r, t th courth Inc as ser National NOTICE OF FORECLOSURE SALE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note dated September 20, 2007 executed and delivered by Forrest McMurdo to Lender, First Horizon Home Loans, a division of First Tennessee Bank, N.A., and a real estate mortgage of the same date securing the Note, which Mortgage was recorded in favor of Mortgage Electronic Registration Systems, Inc., "HERS as Mortgagee acting solely as nominee for Lender and Lender's successors and assigns, recorded on September 25, 2007 as Rec. No. 933432, Book 673, Page 298 in the public records in the office of the County Clerk of Lincoln County, Wyoming; as assigned to Federal National Mortgage Association, recorded on August 25, as Rec. No. 960704, Book 771, Page 654, in the public records of the office of the county clerk of Lincoln County, Wyoming. The premises that are described in the Mortgage are as follows: Lot 21 of the Westview Village Subdivision, Lincoln County, Wyoming as described on the official plat filed on March 27, 1978 as Instrument No. 505901 of the records of the Lincoln County Clerk; with an address of 132 Circle Drive, Afton, Wyoming 83110. Seterus Inc., as servicer for Federal National Mortgage Association, 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 $217,861.22 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of $20.34 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 21st of October, 2014, at the courthouse steps of Lincoln County. DATED this 29 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 Seterus Inc., as servicer for Federal National Mortgage Association Publish dates: September 11, 18, 25, and October 2, 2014. 0 LE99 SS9E T000 OTS0 fan ENDER:.Q0iitht.ETE.THIS SECTION U Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. Printyour name and address on the reverse sothat-we can return the card to you. Attabl card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Forresi McMurdo P.O.Box Afton v\IN1 '33110 2. Article Nurnber_ (Transfer from ientice fat* PS Form July 2013 D Coitplete-4 item 4 if Restricted Delivery is desired a"Pririt YoP17,114rne and address on the reverse so that we can return the card to you Attach this card to the back of,:thelnailpieck oron perrnits:: 1. Article Addressed to rorresi- Mc_ Murcil 132. Circle Dyive' A fit. W S' 3117U- =Agent' 0 Addressee C. Date of Delivery s D. Is deliveni40egs#fferent from item 1? 2 Yes If YES, enter"dellyery address No oeivedb nted Name) 7014 0510 opal 365 _883,7 3. comPiEr4 pEciyErt,r tue ErA nAddressee eCei edV.(pijMpl lame) 0 Date of .-.1sAlly.lry,eddresS from, itetniT,.;.. ,yes: If *E8''enter:deliveryaddresi belOwk•.. 0 r.46 6 3 Service Type- ifk.Peiitified:Meil?' .Prior.j*Mail Expr s5.. a Registered .13\eturn.Recei li?): erchandise Et Insured Mail rra.Colleat on ,De 4: Restricted Delivergr(Extra Fee) EI=Yes 2. Article'l?.umberi 7014 0510 0001 3655 8844,—• (7)-prisferfro3se*celdt T Afton nJ st] U.S. 8erIIIII CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r For delivery information visit our website at www.usps.comt, F F Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees *0.0 $(D .S A See Reversefor Instructions Sent To ye or PO Box No. p B 1 111 City, State, ZIP+4 i;..lorm131:10, August 2006 5'3 erviType o Registered o insured Mali 4. Restricted Deliver. e detivery address below: 0 No 2. Article Number i-; 7014 0810 0001 2655 8820 (Fran ej&from service PS FOriri -DC; mastic Return Receipt Priority Receipt ft) 1 Ex? Express' Return O e for Merchandise L- on Delive 6. 6 (Extra Fee) NOTICE OF INTENTION TO FORECLOSE MORTGAGE BY ADVE TISEMENT AND SALE TO: Forrest McMurdo Mailing Address: 132 Circle Drive P.O. Box 1628 Afton, WY 83110 Afton, WY 83110 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, Seterus Inc., as servicer for Federal National Mortgage Association intends to commence publication in the Star Valley Independent newspaper, at Afton, Wyoming, the notice of sale, to wit: Real Estate Mortgage executed by Forrest McMurdo, as Mortgagor, in favor of Mortgage Electronic Registration Systems Inc. "MERS as Mortgagee solely as nominee for Lender and Lender's successors and assigns, First Horizon Home Loans, a division of First Tennessee Bank N.A., recorded on September 25, 2007 as Rec. No. 933432, Book 673, Page 298, in the public records in the office of the county clerk of Lincoln County, Wyoming; as assigned to Federal National Mortgage Association, recorded August 25, 2011 as Rec. No. 960704, Book 771, Page 654, inthe public records in the office of the county clerk of Lincoln County, Wyoming; given to secure payment of the original principal sum of $219,000.00 and mortgaging all of the property located at 132 Circle Drive, Afton, Wyoming 83110, more particularly described as: Lot 21 of Westview Village Subdivision, Lincoln County, Wyoming as described on the official plat filed on March 27, 1978 as Instrument No. 505901 of the records of the Lincoln County Clerk. DATED this 18 day of July, 2014. SETERUS, INC., as Servicer for Federal National Mortgage Association By: Greg B. Asay Associated L ,al Group, LLC 1807 Capitol Ave., Suite 203 Cheyenne, WY 82001 307 632 -2888 Attorney for Seterus Inc. :t1 0 0 c.) CC 0 z 7 crs LL 0 r: CL 1Z CC cb uj E. o cbmpEETE.rilis.SECTION. s r ent f rom f ES",;'ariter.::Oeliverjr-addresstrelow:c 17 i 7014 ,0510 0001. 3655 9773,, Liefhi,*;;.; aid 3: AIS8646 iterri*ikfteSirl'ai61DeliVeeY is desired: Print vour name cl.e0dress on the relierse s� i„Attac lat card to Sto e !S fi 1 ,1#0*kla c k the or pn PS Form ASSOCIATED LEGAL GROUP, LLC 1807 CAPITOL AVE STE 203 CHEYENNE, WY 82001 "qtep e 4 Lea COMPLETE TirLIS SECTION oN,pnivERY epice•Type Certifled Mall® Registered.. Inured mail 1 Ildstricted Delivery? (Extra Fee)'- 0 Yes 1 1 11 11 s Return or neierchandlse 0 Collect on Delivei 1 1 11 FoRNEST McMuRDO 132 CIRCLE Dgive AFT©N WY '331ID 11 DAdsse 111 1 7014 0510 0001 3655 9780