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HomeMy WebLinkAbout9560626011019325 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000599 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 July 18, 2008, executed and delivered by Richard D. Bartik to Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company and (b) that certain mortgage dated July 18, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 23, 2008, at Reception No. 940771 in Book 700 at Page 693 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 FIVE (5) OF THE MORENO SUBDIVISION BEING PART OF SE1 /4NW1/4 OF SECTION 3, T36N, R119W, ACCORDING TO THAT PLAT RECORDED NOVEMBER 8, 1979 AT DOCUMENT NUMBER 532542 AND MAP NUMBER 238, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 114936 North Highway 89 Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information: at Reception No. 955266 in Book 753 at Page 28 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, Wells Fargo Bank, N.A. "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 RECEIVED 10/19/2010 at 10:54 AM RECEIVING 956062 BOOK: 755 PAGE: 599 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Bartik 10 -15979 Page 1 of 7 00+600 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the September 23, 2010 issue of said newspaper and ending with the October 14, 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 October 19, 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 $127,592.24 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $1,844.40 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 October 19, 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 19th day of October 2010. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: M. Shane Johnson Print Name: Cliff Boyd Title: Deputy Sheriff Certificate of Sale Bartik 10 -15979 Page 2 of 7 STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 19th day of October 2010. Witness my hand and official seal. Notary Public COUNTY OF LINCOLN Dn scion f_xoires SAVANNA L. HAWKES NOTARY PUBLIC STATE Or WYOMING 000601 Certificate of Sale Bartik 10 -15979 Page3of7 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 July 18, 2008 (the "Mortgage and recorded on July 23, 2008, at Reception No. 940771 in Book 700 at Page 693 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 Richard D. Bartik "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information: at Reception No. 955266 in Book 753 at Page 28 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: 71969009843000530899 CERTIFIED MAIL NO. FSN: 71969009843000539724 Richard D. Bartik 114936 North Highway 89 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71969009843000530912 CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71969009843000539748 Wells Fargo Bank, N.A. Occupant 3476 Stateview Blvd 114936 North Highway 89 Fort Mill, SC 29715 Alpine, WY 83128 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71969009843000530905 CERTIFIED MAIL NO. FSN: 71969009843000539731 Richard D. Bartik PO Box 3229 Alpine, WY 83128 U06602 Certificate of Sale Bartik 10 -15979 Page 4 of 7 000603 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 7, 2010 and the date of the first publication of the notice of foreclosure sale was September 23, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of (2 J— 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. zal By: 9 nette Baldac ci Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) 101 <'c Title (and Rar Certificate of Sale Bartik 10 -15979 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 oc- curred under the terms of a promissory note (the "Note dated July, 18, 2008, executed and delivered by Richard D. Bartik "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Security National Mortgage Company, 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 Mortgagee, and which Mortgage was recorded on July 23, 2008, at Reception No. 940771 in Book 700 at Page 693 in the records of the office of the County Clerk and ex- officio Register of Deeds in, and for Lincoln County, State of Wyo- ming;, and WHEREAS, the mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: August 18, 2010 Assignment recorded: August 31, 2010 Assignment recording information: at Reception No. 955266 in Book 753 at Page 28 All in the records of the County Clerk and ex- officio Register of Deeds 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 has been instituted 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 of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $123,988.19 which sum consists of the unpaid principal bal- ance of $122,563.78 plus interest accrued to the date of the first publica- tion of this notice in the amount of $2,167.87,, plus other outstanding charges in the amount of 743.46, 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 Wells Fargo Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mort- gaged property to be sold, at public venue by the Sheriff or Deputy Sher- iff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on October 19, 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: LOT FIVE (5) OF THE MORENO SUBDIVISION BEING PART OF SE1 /4NW1 /4 OF SECTION 3, T36N, R119W, ACCORDING TO THAT PLAT RECORDED NOVEMBER 8, 1979 AT DOCUMENT NUMBER 532542 AND MAP NUMBER 238, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 114936 North Highway 89, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Wells Fargo Bank, N.A. By: Danette Baklacci Castle, Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Sept. 23, 30, Oct. 7, 14, 2010 (10- 15979) 0923G COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT day of Publisher 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 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 publ cation being on the 23 day of ,>;d31Qthel) 201G and the las blication being on the _1 ttO 20 l KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen R OSEMARY CAPELLEN NOTARY PUBLIC C ounty of y iI State of Lincoln :e Wyoming My Commission Expires May 5. 2012 Subscribed in my presence and sworn to befor- on this 14 day of A.D. 20 1 Jensen, Publ Notary Si ature 006604 Certificate of Sale Bartik 10 -15979 Page 6 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 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 $1,844.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 599.00 Statutory Notice Fee 39.00 record AOM 8.00 Publication Costs 455.40 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 FTP Update 25.00 Total 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 t e of Wyoming and residing therein. FURTHER AF IA iT ETH NA GHT. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2010 by Danette Baldacci as attorney of Castle, Mein old and Stawiarski Legal Services, LLC. COSPkg My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY 000605 SS $1,844.40 anette Baldacci C e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Titl� R i nk) ,f t c Certificate of Sale Bartik 10 -15979 Page 7 of 7