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Home My WebLink About9492086010918171 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN Shane Johnson ) SS 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 30, 2008, executed and delivered by Jon L. Klaczkiewicz to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. and (b) that certain mortgage dated January 30, 2008 (the "Mortgage"), securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 26, 2008, at Reception No. 937199 in Book 688 at Page 27 , 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: UNIT 3 OF MOUNTAINVIEW TOWNHOMES ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 23, 2003 IN THE OFFICE OF THE LINCOLN COUNTY CLERK, AS PLAT NO. 163-C with an address of 155 Morningstar Drive, Unit 3, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB ("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 30, 2009 issue of said newspaper and ending with the August 20, 2009 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 of said COSPkg RECEIVED 9/1/2009 at 11:45 AM RECEIVING # 949208 BOOK: 730 PAGE: 873 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Klaczkiewicz 09-15660 Page 1 of 7 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 September 1, 2009 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 $138,884.57 ("Bid Sum"), which was bid and offered by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB ("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 $1,806.00 is to be paid to Castle, Meinhold, & Stawiarski Legal Services, LLC, 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 September 1, 2009, 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 ist day of September _V2009. Shane Johnson Sheriff in and for Lin oln unty, State of Wyoming By: J bf Print Name: John Starcevich Title: Deputy Sheriff COSPkg Certificate of Sale Klaczkiewicz 09-15660 Page 2 of 7 ACKNOWLEDGMENT 06875 STATE OF WYOMING COUNTY OF LINCOLN ) SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Starcevich , Deputy Sheriff of Lincoln County, State of Wyoming, this 1st day of September 1 2009. Witness my hand and official seal. My Commission Expires: qIi -101011 No Publi Public Jenny C arke - Not taN N.. state of County of nry06119 I Lincoln My Commission cxplres COSPkg Certificate of Sale Klaczkiewicz 09-15660 Page 3 of 7 EXHIBIT A 104008 i f AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING ) ) SS COUNTY OF NATRONA ) Danette Baldacci of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated January 30, 2008 (the "Mortgage"), and recorded on February 26, 2008, at Reception No. 937199 in Book 688 at Page 27 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 Jon L. Klaczkiewicz ("Mortgagor(s)"), the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB. is the named mortgagee; 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: CERTIFIED MAIL NO. NOI: 71786575345000242815 CERTIFIED MAIL NO. FSN: 71786575345000248138 Jon L. Klaczkiewicz 155 Morningstar Drive, Unit 3 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000242822 CERTIFIED MAIL NO. FSN: 71786575345000248145 Jon L. Klaczkiewicz PO Box 1632 Wilson, WY 83014-1632 CERTIFIED MAIL NO. NOI: 70091410000070132939 CERTIFIED MAIL NO. FSN: 70091410000070133301 Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065-6298 CERTIFIED MAIL NO. NOI: 71786575345000242839 CERTIFIED MAIL NO. FSN: 71786575345000248152 Occupant 155 Morningstar Drive, Unit 3 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 15, 2009 and the date of the first publication of the notice of foreclosure sale was July 30, 2009. COSPkg Certificate of Sale Klaczkiewicz 09-15660 Page 4 of 7 FURTHER AFFIANT SAYETH NAUGHT. i' 7 7 4CasB D ette Bald4e e, Meinhold, &Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on (Q day of R ( S( , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. I,; 1: I'm PUB' lc HOLLY WAGNER S'gn to o to officer) gl~qmm STATE OF WYOMING COUNTY O1F NATRONA M ion Ex ire, nn r 93 20.11 Title (and Rank) My commission expires: MW V~ I ~,r)-)o I I COSPkg Certificate of Sale Klaczkiewicz 09-15660 Page 5of7 EXHIBIT B ,0087E PUBLISHER'S AFFIDAVIT KEMMERER GAZETTE Kemmerer Wyoming AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming STATE OF WYOMING ) ss. County of Lincoln FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note") dated January 30, 2008; executed and delivered by Jon L. Klaczkiewicz ('Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as nominee for Coun- trywide Bank, FSB.,andareal. estate mortgage (the "Mortgage") of the same.,date-securing the Note, which Mortgage was executed and deliv- ered by :said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on February 26, 2008, at Reception No. 937199 in Book 688 at Page 27 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 WHEREAS, the Mortgage contains a power of sale which by reason of said default, .the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the..,Mortgage, or any part thereof, nor has airy such. suit or proceeding been instituted and the same, discontinued-,;and WHEREAS; written notice of intent to foreclose the Mortgage by advertisement and sale' has been served upon the record owner and the patty in possession of the mortgaged premises at least ten (10) days prior to the commencementofthis publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $137,114.80 which sum consists of the unpaid principal balance of $133,399.25. plus interest accrued to the date of the first pub- lication of this notice in'the.amount of $3,715.55, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before sub- mitting a bid; NOW, THEREFORE Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged prop- erty,to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on September 1; 2009 at the front door of the Lincoln ..'County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lin- coln County, for application on the above-described arrlounts secured by the-Mortgage, said mortgaged property being described as follows, 'to- wit UNIT 3 OIL MOUNTAINVIEW TOWNHOMES ADDITIONTOTHE TOWN OF ALPINE, LINCOLN COUNTY, WYOMINGAS'DE- SCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 23, 2003 IN THE OFFICE OFTHE LINCOLN COUNTY CLERK,AS PLAT NO. 163-C with an address of 155 Morningstar Drive, Unit 3, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Mortgage Electronic Registration Systems, Inc., as nominee:1or Countrywide Bank,1 FSB By: Danette Baldacci Castle; Meinhold & Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 Publish: July 30, August 6, 13, 20; 2009 (09-15660) 0730 ROSEMARY CAPELLEN • NOTARY MIC County of Sate 0 Lincoln Wyoming My Commission Expires May S, 2012 COSPkg I, Michael Jensen, do solemnly swear that I am the publisher of the Kemmerer Gazette, a weekly paper of general circulation, published once a week at Kemmerer, Lincoln County, Wyoming; that the notice attached hereto, and which is part of the affidavit, was published in said newspaper for + insertions, the first publication having been made on the ~b day of A.D., 20_Dl~and the last publication on the day of _ If A.D., 20Oq ; that said notice was published in a regular and entire: issue of the paper(s) in which it was published; and that said notice was published in the newspaper proper, and not in a supplement. Michae ensen, Publisher Subscribed in my presence and sworn to Ly of Certificate of Sale Klaczkiewicz 09-15660 Page 6 of 7 EXHIBIT C AFFIDAVIT OF ATTORNEY .~8 7 STATE OF WYOMING COUNTY OF NATRONA ) SS Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, & Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, & Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,806.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee - Sale Sheriffs Fee - Costs Total 600.00 622.00 52.00 414.00 50.00 26.00 11.00 11.00 10.00 10.00 $1,806.00 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 Castle, Meinhold, & Stawiarski Legal Services, LLC. 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. FURTHER AFFI T , YETH NAUGHT. B nette Balda i Castle, Meinhold, & iarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609-0000 3073335379 State of Wyoming County of Natrona This i strument was acknowledged before me on day of PLl , 2009 by Danette Baldacci as attorney of Castle, Meinhold and Stawia ski Legal Services, LLC. HAGNER -90 LExlres L1t3i iC ihAr~~ YOMING Sofficer) CNATRONA N Camr~ aissicar 13 2011 Title (and Rank) My comm ission expires: Mcffc 11~j X0)1 COSPkg Certificate of Sale Klaczkiewicz 09-15660 Page 7 of 7