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HomeMy WebLinkAbout9527966010918436 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 0'3001.14 114 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 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 27, 2008, at Reception No. 937222 in Book 688 at Page 80 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: COSPkg UNIT 1 OF MOUNTAINVIEW TOWNHOMES ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 23, 2003 AS INSTRUMENT NO. 893673 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 155 Morningstar Drive, Unit 1, 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: November 18, 2009 Assignment recorded: December 2, 2009 and Re- Recorded February 12, 2010 Assignment recording information: at Reception No. 950851 in Book 737 at Page 316 and Re- Recorded at Reception No. 952152 in Book 742 at Page 445 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 having general circulation in Lincoln County, State of Wyoming, once a week for RECEIVED 4/6/2010 at 11:20 AM RECEIVING 952796 BOOK: 745 PAGE: 114 JEANNE WAGNER LINCOLN COUNTY CLE...., .._MMERER, WY Certificate of Sale Klaczkiewicz 09 -23741 Page 1 of 7 5 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 10, 958.00 "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 $1,863.40 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 Sheriff in and for Lincoln County, State of Wyoming Print Name: JOHN STETZENBACH Title: Deputy SHeriff Certificate of Sale Klaczkiewicz 09 -23741 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT 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 Clarke Nets ry Kuhl o A State of Lincoln f v" t Wyoming "a My Commission Expires 1'Zif OI I 00C91.16 Certificate of Sale Klaczkiewicz 09 -23741 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Patricia Anne Michitsch of lawful age, being first duly sworn upon her oath, deposes and says: 000117 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 27, 2008, at Reception No. 937222 in Book 688 at Page 80 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, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: November 18, 2009 Assignment recorded: December 2, 2009 Assignment recording information: at Reception No. 950851 in Book 737 at Page 316 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: 71786575345000384263 CERTIFIED MAIL NO. FSN: 717865753450003917483 Jon L. Klaczkiewicz 155 Morningstar Drive, Unit 1 Alpine, WY 83128 CERTIFIED MAIL NO. N01: 71786575345000384287 CERTIFIED MAIL NO. FSN: 71786575345000391513 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71786575345000384270 CERTIFIED MAIL NO. FSN: 71786575345000391506 Jon L. Klaczkiewicz PO Box 1632 Wilson, WY 83014 -1632 CERTIFIED MAIL NO. NOI: 71786575345000384294 CERTIFIED MAIL NO. FSN: 71786575345000391520 Occupant 155 Morningstar Drive, Unit 1 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 23, 2010 and the date of the first publication of the notice of foreclosure sale was March 11, 2010. COSPkg Certificate of Sale Klaczkiewicz 09 -23741 Page 4 of 7 State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. .1 .796/67- By!Patricia An Michitsch' Castle, Meinho Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on l� day of npri I 2010 by Patricia Anne Mic sch as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. P of ot I officer) C) `VuUiC Title (and Rank My commission expires (1._ 0315 C 118 Certificate of Sale Klaczkiewicz 09 -23741 Page 5of7 rl'oxr n: ee a mittin! COSPkg KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerei•. Wyoming r rOs nance`s oftki ti on>t:!atR i ece p ti No. 952152ikiBdok end eat -of icio Registe of Deeds po wer of saieivu#trch by reason yto h ave se o ndiopera .tivei and dtat l aw stc recoverithe,debt se no has at y� ssrch "suit :or Ise "oftt3nae i antj �tt ce4;of i tent to foreclose'tthe o tgage.by beeneserve upon the rebord }'8 e and the ft �i x 1 cr g gedprenrt es at +le ast4en (10),'ilays`prior is p bli a 'on d the am ount due;upo`n"fhe sf i blic ioi dfFth, ,notice of saleibeing the h sum dnsl of ai pri cipal i �S aecrucd to,theid °ate ©f th S irstfpub- e `ain of 178 }1 80, plus attorneys'., fees, g intere "hand l ate charges: after the date of bse ote pon!may beAsubject to tingufshed attthe'!sale. .tgs of titye before sub- r Ong; L °P ads °th Mort ,,r}1lr id'ed }'casing' y tli 9;0. ff or Deputy theNhighe`s brd derrfor x010 attthe front;door 1 925 �Sage'Avenue, �uthe ab ove' described' ed+p tope ?ty beingsde Z. .Yr,,et3 Ei fi ay 7 age ,(the gg ge 'aria eep:lr t No. ice "of th C 'Ay Clri'Cotu-i L ate S i +l DITIONTO UNTY> `W YOMIN'G AS'. DE- W ,'ON'SEPTEMBirI and 2' '041'0 "i(09 12t74i1r :i 3' 1 Subscribed in my presence and sworn to before me on this day of A.D 0119 KEMMERER, WYOMING I ,sct e Jensen, do hereby, upon my oath, depose and say that I am the Putlisner 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 circul t o,n in said County and State; and that the legal notice herein attached was. published iti "said newspaper for the.fuli period of consecutive issues /wees;- the first Oublication on the 1 day of (--11 W 20 iO and the last publication being on the I day of 20 t() and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jensen Q' 1l blisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC Comity of FsN, State d Lucile Wyomi Commission Expires May 5, 2012 Certificate of Sale Klaczkiewicz 09 -23741 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Patricia Anne Michitsch, 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 $1,863.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Record AOM 2/10/10 Publication Cost Conduct sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $1,863.40 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 AFFIANT4YETH NAUGHT. State of Wyoming County of Natrona 1 day of NOTARY PUBLIC AMBER D. HODGES STATE OF WYOMING COUNTY OF NATRONA omniaion 05 13 My commission expires; COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Patricia A a Michi sc Castle, Mein hx Id, Stawiarski Legal Services, LLC 330 Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Wit; q no Title (and Rank i )3 600.00 622.00 52.00 8.00 8.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 This instrument was acknowledged before me on 2010 by Patricia Anne Mic itsch as attorney of Castle, Meinhold a'nd Stawiarski Legal Services, LLC 0 0120 Certificate of Sale Klaczkiewicz 09 -23741 Page 7 of 7