HomeMy WebLinkAbout9557325011019278
CERTIFICATE OF SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
e0 0 515
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 21, 2008, executed and delivered by
Jeramy D. Pittsley and Dawn S. Pittsley to Mortgage Electronic Registration
Systems, Inc., as nominee for Assurity Financial Services, LLC. and (b) that
certain mortgage dated January 21, 2008 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on January 28, 2008, at Reception No. 36558 in
Book 685 at Page 162 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:
Parcel 1
Lot 1 Block 2 of Amended Plat of Red Bluff Addition, Phase 1 to the Town of
LaBarge, Lincoln County, Wyoming as described on the official plat thereof.
Parcel 2
Lot 4 of the Marx Addition to the Town of LaBarge (vacated) of record in the Office of
the County Clerk, Lincoln County, Wyoming, more particularly described as follows:
That part of the Northeast Quarter of the Northwest Quarter and Lot 1 (Northwest
Quarter of the Northwest Quarter) of Section 7, Township 28 North Range 112 West,
within the incorporated limits of the Town of LaBarge, County of Lincoln, described
as follows:
Beginning at a point South 60 °34' East, 715.88 feet from the northwest corner of
said Section 7 where found a 2" galvanized steel pipe with brass cap inscribed
"IT26NS6 /S7 R112W 1962
Thence North 86 °55.5' East, 778.4 feet to a point of the centerline of Marx Lane;
Thence South 04 °35.5' East, 34.6 feet to a 3/8" x 12" steel spike;
Thence South 13 °11.5' East, 300.7 feet to a 3/8" x 12" steel spike;
Thence South 30 °21' East, 55.7 feet to a 3/8" x 12" steel spike;
Thence South 14 °21' East, 99.93 feet to a 3/8" x 12" steel spike on the northerly
right -of -way line of State Highway 235;
Thence South 75 °39.5' West, 993.0 feet along said northerly right -of -way line to a
point; thence North 05 °07' East, 678.9 feet to the point of beginning
Less and Except the Amended Plat of Red Bluff Addition to the Town of LaBarge,
Less and Except the land described in Warranty Deed recorded July 15, 2002 in
Book 494PR on Page 196 of the records of the Lincoln County Clerk.
Less and Except the land described in Warranty Deeds recorded December 5, 2005
in Book 606PR on Page 653 and 655 of the records of the Lincoln County Clerk.
Less and Except the land described in Warranty Deed recorded October 1, 2002 in
Book 500PR on Page 527 of the records of the Lincoln County Clerk.
with an address of 730 South Marx Lane La Barge, WY 83123
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: CitiMortgage, Inc.
Assignment dated: July 29, 2010
COSPkg Certificate of Sale
Pittsley 10 -14590
RECEIVED 9/28/2010 at 11:03 AM Page 1 of 7
RECEIVING 955732
BOOK: 754 PAGE: 515
JEANNE WAGN
e00516
Assignment recorded: August 12, 2010
Assignment recording information: at Reception No. 954896 in Book 751 at Page
848
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, CitiMortgage, Inc. "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 September 2, 2010 issue of
said newspaper and ending with the September 23, 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 September 28, 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
$175,000.00 "Bid Sum which was bid and offered by CitiMortgage, Inc.
"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 $2,340.20 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
COSPkg
Certificate of Sale
Pittsley 10 -14590
Page 2 of 7
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after September 28, 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
28th day of September 2010.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 28th day of
September 2010.
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L. HAWKE9 NO1ABY PUBLIC
COUNTY OF
LINCOLN
My ommission Expires
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
SS
Title: Deputy Sheriff
ACKNOWLEDGMENT
Notary Public
STATE OF
WYOMWG
60.6517
Certificate of Sale
Pittsley 10 -14590
Page 3 of 7
STATE OF WYOMING
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 21, 2008 (the "Mortgage and recorded on January 28, 2008, at
Reception No. 36558 in Book 685 at Page 162 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 Jeramy D. Pittsley and Dawn S. Pittsley "Mortgagor(s) the
named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as
nominee for Assurity Financial Services, LLC. is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: CitiMortgage, Inc.
Assignment dated: July 29, 2010
Assignment recorded: August 12, 2010
Assignment recording information: at Reception No. 954896 in Book 751 at Page
848
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: 71969009843000517388
CERTIFIED MAIL NO. FSN: 71969009843000522344
Jeramy D. Pittsley
730 South Marx Lane
La Barge, WY 83123
CERTIFIED MAIL NO. N01: 71969009843000517401
CERTIFIED MAIL NO. FSN: 71969009843000522368
Dawn S. Pittsley
730 South Marx Lane
La Barge, WY 83123
CERTIFIED MAIL NO. NOI: 71969009843000517425 CERTIFIED MAIL NO. NOI: 71969009843000517432
CERTIFIED MAIL NO. FSN: 71969009843000522382 CERTIFIED MAIL NO. FSN: 71969009843000522399
CitiMortgage, Inc. Occupant
1000 Technology Drive, MS322 730 South Marx Lane
0 Fallon, MO 63368 -2240 La Barge, WY 83123
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EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
CERTIFIED MAIL NO. NOI: 71969009843000517395
CERTIFIED MAIL NO. FSN: 71969009843000522351
Jeramy D. Pittsley
PO BOX 172
La Barge, WY 83123
CERTIFIED MAIL NO. NOI: 71969009843000517418
CERTIFIED MAIL NO. FSN: 71969009843000522375
Dawn S. Pittsley
PO BOX 172
La Barge, WY 83123
Certificate of Sale
Pittsley 10 -14590
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 19, 2010 and the date of the first publication of the
notice of foreclosure sale was September 2, 2010.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day ofd} 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
My commission expires:
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A)
B N anette Ba dacci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Signature of notarial officer)
Title (and Rank)
13
Certificate of Sale
Pittsley 10 -14590
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE,
WHEREAS; default in the payment of principal and interest has (K-
nifed under the terms of a promissory note (the "Note dated January
4 08, executed and delivered by Jeramy D. Pittsley and Dawn S.
Pittsley "Mortgagor(s) to Mortgage Electronic Registration Systems,
Inc.,; as nominee for Assurity Financial Services, LLC., and a real estate
mortgage'(the "Mortgage of the same date securing the Note, which
Mortgage was executed and delivered by said Mortgagor(s), to said Mort-
gagee, and which Mortgage was recorded on January 28, 2008, at Re-
ception No. 936558 in Book 685 at Page 162 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 was assigned for value as follows:
Assignee: CitiMortgage, Inc.
Assignment dated:. July 29, 2010
Assignment recorded: August 12, 2010
Assignment recording information: at Reception No. 954896 in Book
751 at Page 848
All in the records of the County Clerk and ex- officio Register of
in and for Lincoln County, Wyoming.
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 hasrbeen uistituted at law to recover the debt secured
by the Mortgage, or any part thereof, nor has any 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
party in possession othe mortgaged premises at least ten (10) days prior
to the commencement of this .piubl cation, and the amount due upon the
Mortgageyon theadate of first publication of this notice of sale being the
total sum of $198,6.15.13 which sum consists of the unpaid principal bal-
ance of $191,674.31 plus interest,accruedtothe date of the first publica-
tion of this notice in the amount of'$6,940.$2, 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 CitiMortgage, Inc., as the Mortgagee, will have
the Mortgage foreclosed as by provided by causing the mortgaged
property 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 28, 2010 at the front door of the
Lincoln. County Courthouse located at 925 Sage Avenue, Kemmerer, WY,
Lincoln County, for application on the above described amounts secured
by the Mortgage, said mortgaged' property' being described as follows,
to-wit
Parcel 1
Lot 1 Block 2 ofAmended,Platof Red Bluff Addition, Phase 1 to the
Town of. LaBarge, Lincoln County, Wyoming as described on the official
plat thereof.
Parcel 2
Lot;4;of the Marx Addition to the Town of LaBarge (vacated) of record
in the Office of °tl a County Clerk, Lincoln County, Wyoming, more par-
ticularly described as foliows:
Thatpart ors the''N'ortheast Quarter of the Northwest Quarter and Lot 1
(Northwest Quarter of the Northwest Quarter) of Section 7, Township 28
North Range.11;2'West, within the incorporated limits of the Town of
LaBarge, Count y of Lincoln, described as follows:
Beginning at'apoint South 60 34' East, 715.88 feet from the north
west corner of.saidspetion 7 where found. a 2" galvanized steel pipe with
brass cap inscribed "1^T16NS6/S7 R112W 1962";
Thettpe °55.5' East 778.4 feet to a point of the centerline of
Marx Lane;
Thence South 04 35.5' East, 34.6 feet to a 3/8" x 12" steel spike;
Thence South 13°11.5' East, 300.7 feet to 3/8" x 12" steel spike;
Thence South 30°21' East, 55.7 feet to a 3/8" x 12" steel spike;
Thence South 14 °21' East, 99.93 feet to a 3/8" x 12" steel spike on
the northerly right-of-way line of State Highway 235;
Thence South 75°39,5' West, 993.0 feet along said northerly right -of-
way line to a point; thence North 05 07' East, 678.9 feet to the point, of
beginning
Less, and Except the ended Plat of Red Bluff to the Town
es c bed in Warranty Deed July'
re 1;96 of tbeir ecords of the Lincoln County
arty Deeds rec'ordedDe
1; 655 of thexecordscof'th'e
EXHIBIT B
PUBLISHER'S AFFIDAVIT
I, Michael Jensen, do hereby, upon my
oath, depose and say that I am the
General Manager 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
c irculation 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;
t he first publi anon being on the 2
before
day of 1
and the last publication being on the 3
day of 20 tO
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
e on this day of
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Micha-'Fj nsen, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of y State of
Lincokt Wyoming
My Commission Expires May 5, 2012
Subscribed .in my presence and sworn to
1IL. !jl i.rJ
Notary Sig ture
e:
descri
R b PRon
v.� 52O
inJWarranty Deed recorded Octo-
�2
erk em E'ook gge 527.ofkthe'records. of the Lincoln
l
ctnanaddress of 730 South:Mar`xLane,,,L Y
a,Barge, W; 83123.
ogether with all improvements thereon situate; and. all fixtures and
thereto.:
Certificate of Sale
Pittsley 10 -14590
Page 6of7
Mortgage, Inc.
anette B
Services; TL;C
rive, Ste: 202
2609'0000
33;5379
0902
STATE OF WYOMING
COUNTY OF NATRONA
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 $2,340.20
as compensation for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 700.00
Title Commitment 757.00
Statutory Notice Fee 78.00
record AOM 11.00
Publication Cost 676.20
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Assign of Cert of Sale 11.00
Record Sheriffs Deed 11.00
Sheriffs Sale Fee 10.00
Sheriffs Deed fee 10.00
Total $2,340.20
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 AFFIANT SAYETH NAUGHT.
4
anette Bald ci
Castle, Meinhold, Stawiarski Legal Services, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
State of Wyoming
County of Natrona
My commission expires:
Ofer
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EXHIBIT C
AFFIDAVIT OF ATTORNEY 000521
SS
This instrument was acknowledged before me on
,9 3 day of "E 2010 by Danette Baldacci as attorney of Castle,
Meinhold and Stawiarski Legal Services, LLC.
(Signature of notarial officer)
Alcti fy
Title (and Ra
Certificate of Sale
Pittsley 10 -14590
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