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HomeMy WebLinkAbout9569516011019545 CERTIFICATE OF SALE STATE OF WYOMING SS 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 March 25, 2005, executed and delivered by Mitchell David Mumma to Wells Fargo Bank N.A. and (b) that certain mortgage dated March 25, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 1, 2005, at Reception No. 907416 in Book 582 at Page 199 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 LOT 38 OF NORDIC RANCHES DIVISION NO. 3, LINCOLN COUNTY, WYOMING ,ACCORDING TO THAT PLAT FILED APRIL 6, 1993 AS PLAT NO. 311 -B. with an address of 55 Wheat Ridge Lane Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 000059 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the November 4, 2010 issue of said newspaper and ending with the November 25, 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. RECEIVED 11/30/2010 at 10:56 AM RECEIVING 956951 BOOK: 758 PAGE: 59 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Mumma 10 -21453 Page 1 of 7 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On November 30, 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 $138,894.54 "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 $1,902.60 is to be paid to Castle Stawiarski, 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 30, 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 30th day of November 2010. COSPkg Title: Shane Johnson Deputy Sheriff Sheriff in and for Lincoln County, State of Wyoming By: Print Name: iff Boyd 000060 Certificate of Sale Mumma 10 -21453 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 Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 30th day of November 2010. Witness my hand and official seal. SAVANNA L HANES NOTARY RURLr COUNTY OF y STATE OF LINCOLN 1T i WYOMI 4144C�4»SOI.F.Y.P rU 4''1 /a I l 000061 Certificate of Sale Mumma 10 -21453 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 Stawiarski, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated March 25, 2005 (the "Mortgage and recorded on April 1, 2005, at Reception No. 907416 in Book 582 at Page 199 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 Mitchell David Mumma "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank N.A. 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: 71969009843000569509 CERTIFIED MAIL NO. FSN: 71969009843000573698 Mitchell David Mumma 55 Wheat Ridge Lane Etna, WY 83118 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715 CERTIFIED MAIL NO. NOI: 71969009843000569530 CERTIFIED MAIL NO. FSN: 71969009843000573704 Wells Fargo Bank, N.A. P.O. Box 1034 Des Moines, IA 50306 -0304 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000569516 CERTIFIED MAIL NO. FSN: 71969009843000573711 Mitchell David Mumma 1800 N. Cole Rd. Apt D108 Boise, ID 83704 -7373 CERTIFIED MAIL NO. N01: 71969009843000569523 CERTIFIED MAIL NO. FSN: 71969009843000573728 Occupant 55 Wheat Ridge Lane Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71969009843000569547 CERTIFIED MAIL NO. FSN: 71969009843000573735 Wells Fargo Bank, N.A. 420 Montgomery Street San Francisco, CA 94104 003062 Certificate of Sale Mumma 10 -21453 Page 4 of 7 000063 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 21, 2010 and the date of the first publication of the notice of foreclosure sale was November 4, 2010. State of Wyoming County of Natrona ti eti NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Ex. Tres Apr. 14, 2014 My commission xpires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Patricia A e Michit ch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on day of j dye 2010 by Patricia Anne Michitsch as attorney of Castl-' Stawiarski, _LLC. (Signature of notar .I officer) Title (and R. nk) Certificate of Sale Mumma 10 -21453 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 March 25, 2005, executed and delivered by Mitchell David Mumma "Mortgagor(s) to Wells Fargo Bank N.A., 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 April 1, 2005, at Reception No. 907416 in Book 582 at Page 199 in the records of the office of the County Clerk and ex- officio Register of Deeds in anti for Lincoln County, State of Wyo- ming; and 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 $135,567'.46 which sum consists of the unpaid principal bal- ance of $133,908.98 plus interest accrued to the date of the first publica- tion of this notice in the amount of $1,658.48, plus attorneys' fees, costs expended, and accruing interest, and late 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 November 30, 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 38 OF NORDIC RANCHES DIVISION NO. 3, LINCOLN COUNTY, WYOMING ,ACCORDING TO THAT PLAT FILED APRIL 6, 1993 AS PLAT NO. 311 -B. with an address of 55 Wheat Ridge Lane, Etna, WY 83118. Together with all, improvements thereon situate and all fixtures and appurtenances thereto. Wells Fargo Bank, N.A. By: Danette Baldacci Castle; Meinhold Stawiarski Legal Services, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Nov. 4, 11, 18, 24, 2010(10- 21453) 1104 EXHIBIT B PUBLISHER'S AFFIDAVIT Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 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 4 consecutive issues /weeks; the first publication being on the 4 day of i'. 20 lO qq and the last publication being on the o�'t day of 61,411.619)) 20 10 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 R OSEMARY CAPLL_ NOTARY PUBLIC County ncol t= State Lincoln Wyoming g My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before m e on� this ��q,�a,4 day of A'* n I'lC/t A) 20_j_0_, 000064 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 Stawiarski, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle Stawiarski, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,902.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 700.00 Title Commitment 622.00 Statutory Notice Fee 65.00 Publication Cost 372.60 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 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 Stawiarski, 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. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 0 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Total $1,902.60 NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Exeires Apr. 14, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 000065 l SS y: atricia An Michit ch Castle Stawia- i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Title (and Rik) Certificate of Sale Mumma 10 -21453 Page 7 of 7