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HomeMy WebLinkAbout9527956010918636 CERTIFICATE OF SALE STATE OF WYOMING SS C; 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 June 6, 2007, executed and delivered by Jonathan M. Kirchner and Christine D. Kirchner to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. and (b) that certain mortgage dated June 6, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 7, 2007, at Reception No. 930128 in Book 661 at Page 172 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 NINETY (90) OF RIVER VIEW MEADOWS SECOND ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, WITHIN THE SE1 /4 OF SECTION 30, T37N, R118W, ACCORDING TO THAT PLAT FILED FEBRUARY 11, 1994, PLAT NUMBER 264 -D, INSTRUMENT NUMBER 778568 with an address of 509 Snake River Drive Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: February 3, 2010 Assignment recorded: February 12, 2010 Assignment recording information: at Reception No. 952150 in Book 742 at Page 443 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, BAC Home Loans Servicing, L.P. "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 COSPkg RECEIVED 4/6/2010 at 11:07 AM RECEIVING 952795 BOOK: 745 PAGE: 107 JEANNE WAGNER 1 'turn' ni rni IMITV ('1 Prne V MIARR 1=17 \nN Certificate of Sale Kirchner 09 -29164 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the March 11, 2010 issue of said newspaper and ending with the April 1, 2010 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 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 April 6, 2010 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 $336,436.82 "Bid Sum which was bid and offered by BAC Home Loans Servicing, L.P. "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 $2,336.40 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 April 6, 2010, 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 6th day of April 2010. COSPkg M. Shane Johnson Title: Deputy Sheriff 0 0 01 08 Sheriff in and for Lincoln County, State of Wyoming JOHN STETZENBACH Certificate of Sale Kirchner 09 -29164 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT 00i1409 SS The foregoing instrument was subscribed in my presence and acknowledged before me by JOHN STETZENBACH Deputy Sheriff of Lincoln County, State of Wyoming, this 6th day of April 2010. Witness my hand and official seal. Jenny C arke otary Pudic County of "y ?s• State of Lincoln 1 Wyoming My Commission Expires Certificate of Sale Kirchner 09 -29164 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Patricia Anne Michitsch 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 June 6, 2007 (the "Mortgage and recorded on June 7, 2007, at Reception No. 930128 in Book 661 at Page 172 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 Jonathan M. Kirchner and Christine D. Kirchner "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: February 3, 2010 Assignment recorded: February 12, 2010 Assignment recording information: at Reception No. 952150 in Book 742 at Page 443 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: CERTIFIED MAIL NO. NOI: 71786575345000382528 CERTIFIED MAIL NO. FSN: 71786575345000391339 Jonathan M. Kirchner 509 Snake River Drive Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71786575345000382542 CERTIFIED MAIL NO. FSN: 71786575345000391353 Jonathan M. Kirchner P.O. Box 11866 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000382566 CERTIFIED MAIL NO. FSN: 71786575345000391377 Jonathan M. Kirchner 841 Indian Trails Apt A Carmel, IN 46032 -2785 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71786575345000382535 CERTIFIED MAIL NO. FSN: 71786575345000391346 Christine D. Kirchner 509 Snake River Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71786575345000382559 CERTIFIED MAIL NO. FSN: 71786575345000391360 Christine D. Kirchner PO Box 11866 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71786575345000382610 CERTIFIED MAIL NO. FSN: 71786575345000391384 Christine D. Kirchner 841 Indian Trails Apt A Carmel, IN 46032 -2785 Certificate of Sale Kirchner 09 -29164 Page 4 of 7 0061.10 000111 CERTIFIED MAIL NO. NOI: 71786575345000382580 CERTIFIED MAIL NO. N01: 71786575345000382597 CERTIFIED MAIL NO. FSN: 71786575345000391391 CERTIFIED MAIL NO. FSN: 71786575345000391407 BAC Home Loans Servicing, L.P. Occupant 400 Countrywide Way, SV 35, P.O. Box 10232 509 Snake River Drive Simi Valley, CA 93065 -6298 Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71786575345000382603 CERTIFIED MAIL NO. FSN: 71786575345000391414 Beneficial Wyoming, Inc. 1363 Dewar Drive, Plaza Mall Ste. B Rock Springs, WY 82901 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 22, 2010 and the date of the first publication of the notice of foreclosure sale was March 11, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of Apr; l 2010 by Patricia Anne Michitsch,:� attorney of Castle, Meinhold d Stawiarski Lega S rvices, LLC. Adia ai Title (and Rank) 0 My commission expires:0 COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA M Commission Ex •'res Oct 05, 2013 Patricia Anne Aichitsch Castle, Meinhdld, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Kirchner 09 -29164 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming being the M 4 .xT ncipal'.bal� s> publica- fees, costs ate of first su ject to at:the, sale. of tide before sub- loo tot ,p cas the Wr ecure fo17 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT e Mort- y pa'usin'g 'orDeputy bid der, for Cult door of erer, ounts bed as coi LC 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 1 1 day of 'AM CI h MI) and the last publication being on the day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen ublisher Subscribed in my presence and sworn to before me on this Q day of )14 A.D., 20 1 0 Notary eOC)1.12 STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 ±0_; ROSEMARY CAPELLEN NOTARY PUBLIC County State of Lincoln `4 Wyoming My Commission Expires May 5, 2012 Certificate of Sale Kirchner 09 -29164 Page 6 of 7 ST OF 'WY° No COUNTY' OP NATRONA Patricia Anne her oath, deposes and says: State of Wyoming County of Natrona NOTARY F•UKIC AMER D. HODGES STATE OF WYOMING COUNTY OF NATRONA Commission Expires Oot06, 2013 My commission expires:/( COSPkg EXHIBI1, C AF'9bAVIT OF ATTORNEY ;000113 "SS ts`i✓Ih, of Iavuf ff`b'ge; first duly sworn upon: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming .andis,:a member _off the law firm of Castle, Meinhold, Stawiarski Legal Services LLC who a the attorneys representing the Mortgagee in a procedure :t®.,foreclose •real-estate mortgage. 2. That Castle, Meinhold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge. the Mortgagee fees totaling $2,336•.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 1,038.00 Statutory Notice Fee 117.00 Record AOM 8.00 Publication Cost 455.40 Conduct Sale 50.00 Record Cert. of Sale 26.00 Record Assn. of Cert. of Sale 11.00 Record Sheriffs Deed 11.00 Sheriffs Fee sale 10.00 Sheriffs Fee costs 10.00 Total $2,336.40 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 AFFIANCE._ YETH NAUGHT. (Sign a u re o�n��ota Title (and RanK) 20i5 .Patricia Annechitsch Castle, Meinh Id, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 1 day of April 2010 by Patricia Anne Michitsch -s attorney of Castle, Meinhold and Stawiarski Legal S r ices, LLC. dior Certificate of Sale Kirchner 09 -29164 Page 7 of 7