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HomeMy WebLinkAbout9567596010817 COSPkg CERTIFICATE OF SALE STATE OF WYOMING SS 000243 COUNTY OF LINCOLN 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 18, 2007, executed and delivered by Eric Lish to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. and (b) that certain mortgage dated June 18, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 20, 2007, at Reception No. 930548 in Book 662 at Page 848 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: BEGINNING AT A POINT 667.28 FEET SOUTH FROM THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 31 NORTH RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, AND RUNNING THENCE SOUTH 110 FEET; THENCE WEST 396 FEET; THENCE NORTH 110 FEET; THENCE EAST 396 FEET TO THE PLACE OF BEGINNING. with an address of 4125 Highway 241 Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: December 12, 2008 Assignment recorded: December 26, 2008 and Re- Recorded July 7, 2010 Assignment recording information: at Reception No. 944352 in Book 711 at Page 835 and Re- Recorded at at Reception No. 954278 in Book 750 at Page 246 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, Federal National Mortgage Association "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. RECEIVED 11/16/2010 at 10:09 AM RECEIVING 956759 BOOK: 757 PAGE: 243 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Lish 08 -23531 R Page 1 of 7 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 October 21, 2010 issue of said newspaper and ending with the November 11, 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 November 16, 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 $208,999.56 "Bid Sum which was bid and offered by Federal National Mortgage Association "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 $3,586.28 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 November 16, 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 16th day of November 2010. COSPkg By: Shane Johnson 000244 Sheriff in and for Lincoln County, State of Wyoming 604 Print Name: Barr .T„i a„der Title: Deputy Sheriff Certificate of Sale Lish 08 -23531 R Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Bart .Tulander Deputy Sheriff of Lincoln County, State of Wyoming, this lath day of November 2010. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SS Nota SAVANNA L. HAWI(r;? NOTAFdY PUBLIC COUNTY OL z STATE OF LINCOLN i�? vom graurOssion Eym OUu245 Public Certificate of Sale Lish 08 -23531 R 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 18, 2007 (the "Mortgage and recorded on June 20, 2007, at Reception No. 930548 in Book 662 at Page 848 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 Eric Lish "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: December 12, 2008 Assignment recorded: December 26, 2008 Assignment recording information: at Reception No. 944352 in Book 711 at Page 835 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. N01: 71969009843000560193 CERTIFIED MAIL NO. FSN 71969009843000565723: Eric Lish 4125 Highway 241 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000560230 CERTIFIED MAIL NO. FSN: 71969009843000565730 Federal National Mortgage Association 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. N01: 71969009843000560216 CERTIFIED MAIL NO. FSN: 71969009843000565747 Occupant 4125 Highway 241 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000560254 CERTIFIED MAIL NO. FSN: 71969009843000565754 Lincoln County Treasurer P.O. Box 630 Kemmerer, WY 83101 000246 Certificate of Sale Lish 08 -23531 R Page 4of7 000247 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 6, 2010 and the date of the first publication of the notice of foreclosure sale was October 21, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. BS': Patricia An Michitsch Castle, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on 10 day of fcwej- Yj:Dc,/, 2010 by Patricia Anne Michitsch as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notaria officer) Notit -j, PuLIt'C Title (and] Rank) My commission expires:., /0 12 DENISE HULL �#e STATE OF WYOMING COUNTY OF NATRONA Commission Feb 20 2012 Certificate of Sale Lish 08 -23531 R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazet 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 June 18, 2007, executed and delivered by Eric Lish "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank N.A., and a real estate mort- gage (the "Mortgage") of the same date securing the Note, which Mort- gage was executed and delivered by said Mortgagor(s),' to said Mort- gagee, and which Mortgage was recorded on June 20, 2007, at Recep- tion No. 930548 in Book 662 at Page 848 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: Federal National Mortgage Association Assignment dated: December 12, 2008 Assignment, recorded: December 26 2008 and Re- Recorded July 7, 2010 Assignment recording information: at Reception No. 944352 in Book 711 at Page 835 and Re- Recorded at at Reception No. 954278 in Book 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 $207,911.51 which sum consists of the unpaid principal bal- ance of $170,294.13 plus interest accrued to the date of the first publica- tion of this notice in the amount of $37,617.38, 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 Federal, National Mortgage Association, as the Mortgagee, will have the Mortgage foreclosed as by law 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 November 16, 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: BEGINNING AT A POINT 667.28 FEET SOUTH FROM THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 31 NORTH RANGE. 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, AND RUNNING THENCE SOUTH 110 FEET; THENCE WEST 396 FEET; THENCE NORTH 110 FEET; THENCE EAST 396. FEET TO THE PLACE OF BEGINNING. with an address of 4125 Highway 241, Afton, WY 83110. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Federal National Mortgage Association By: Danette Baldacci Castle, Meinhold Stawiarski Legal. Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Oct. 21, 28, Nov. 4, 11, 2010 (08- 23531R) 1021A EXHIBIT B PUBLISHER'S AFFIDAVIT 00024S nature I, Mark Tesoro, 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 q consecutive issues /weeks; the first publication being on the I! day of ,2 10 and the last publication being on the G day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, General Manager ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 Notary 20 10; Subscribed in my presence and sworn to before me on this 1 l day of Si 44 :o Q f Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 06249 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 $3,586.28 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure)Statutory Notice Fee record AOM FTP Update x 2 Publication Cost Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee Conduct Sale Previous Invoice $2,086.08 600.00 52.00 11.00 250.00 469.20 26.00 11.00 11.00 10.00 10.00 50.00 2,086.08 Total $3,586.28 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 AFFIANJSAYET; NAUGHT. Patricia Ann- Michitsch Castle, Meinhol:, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 State of Wyoming County of Natrona This instrument was acknowledged before me on JO day of /CYeAm6 2010 by Patricia Anne Michitsch as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial officer) Title (arid Rank) My commission expires: 2124/2_ COSPkg ti $LIC DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission Expires Feb 20 2012 Certificate of Sale Lish 08 -23531 R Page 7 of 7