HomeMy WebLinkAbout9570586011019561
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000384
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 December 7, 2007, executed and delivered by
Mark Dee and Lisa Tomblinson to Wells Fargo Bank, N.A. and (b) that certain
mortgage dated December 7, 2007 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on December 17, 2007, at Reception No. 935648 in Book 681
at Page 406 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 TWENTY (20) OF STEWART COUNTRY CLUB ESTATES
PHASE I, AS RECORDED APRIL 14, 2004 AS DOCUMENT
NUMBER 898491 AND MAP NUMBER 315 -B IN THE OFFICE OF
THE CLERK, LINCOLN COUNTY, WYOMING
with an address of 187 Fairway Avenue Thayne, WY 83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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 11, 2010 issue of
said newspaper and ending with the December 2, 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.
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RECEIVED 12/7/2010 at 11:39 AM
RECEIVING 957058
BOOK: 758 PAGE: 384
JEANNE WAGNER
LINCOLN COUNTY CLEF.. .1AMERER, WY
Certificate of Sale
Dee 10 -21694
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 December 7, 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
$361,343.79 "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 $2,299.40 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 December 7, 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
7th day of December 2010.
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M. Shane Johnson
000385
Sheriff in and for Lincoln County, State
of Wyoming
r
By:j
Print Name: if Boyd
Title: Deputy Sheriff
Certificate of Sale
Dee 10 -21694
Page 2 of 7
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 7th day of
December 2010
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
6 1\6342_, UL,
SAVANNA I.. I I
Nu1 PUBLIC
COUNTY OF
LINCOLN 1
My Commission Erpires
Notary Public
tiTATE OF
WYOIN
00 0,386
Certificate of Sale
Dee 10 -21694
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 December 7, 2007 (the "Mortgage and
recorded on December 17, 2007, at Reception No. 935648 in Book 681 at Page
406 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 Mark Dee and Lisa
Tomblinson "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank,
N.A. is the named mortgagee.
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: 71969009843000573292
CERTIFIED MAIL NO. FSN: 71969009843000577832
Mark Dee
187 Fairway Avenue
Thayne, WY 83127
CERTIFIED MAIL NO. NOI: 71969009843000573315
CERTIFIED MAIL NO. FSN: 71969009843000577849
Lisa Tomblinson
187 Fairway Avenue
Thayne, WY 83127
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EXHIBIT A
SS
000387
CERTIFIED MAIL NO. NOI: 71969009843000573308
CERTIFIED MAIL NO. FSN: 71969009843000577856
Mark Dee
10883 Assissi Way
Salinas, CA 93907
CERTIFIED MAIL NO. NOI: 71969009843000573322
CERTIFIED MAIL NO. FSN: 71969009843000577863
Lisa Tomblinson
10883 Assissi Way
Salinas, CA 93907
CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71969009843000573339
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71969009843000577870
Wells Fargo Bank, N.A. Occupant
3476 Stateview Blvd 187 Fairway Avenue
Fort Mill, SC 29715 Thayne, WY 83127
Certificate of Sale
Dee 10 -21694
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 28, 2010 and the date of the first publication of the
notice of foreclosure sale was November 11, 2010.
State of Wyoming
County of Natrona
day of
Castle Stawiarski, LLC.
FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
KODEE PEARS°
STATE OF WVOltil?WU3
COUNTY OF NATRONA
IUiv Commission Expires Apr. 114, 2014
My commission expires:
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y: Patricia ne Mic it ch
Castle Sta iarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
This instrument was acknowledged before me on
c;, 2010 by Patricia Anne Michitsch as attorney of
r (y /.2(y
(Sign�, 'tyre of notarial
r
Title (and Rank
000388
Certificate of Sale
Dee 10- 21694'
Page 5 of 7
KEMMERER GAZETTE
U'IDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS, defatrl t `inthelpayment, +`of >principal and.interest?has <oc
cuffed under the terms "of ,a promissory note '(the "Note dated Decem
ber'7, 2007, exeouted:and'delive'red by• Moark`Dee an Lisa.T,omblinson
"Mort gagor(s) to Wells Fargo Bank, N.A., and a real estate�mortgage
(the "Mortgagof, same "date: sec uring, the Note, which Mortgage
wasexecuted and delivered bysaidMottgagor(s), to said 'Mortgagee, and
which Mortgage was recordedson °December /17}, 2007, at Reception No.
935648 intBook 6 $1' at Page "406 in the records of the office of the County
Clerk and ex- officio" Register of Deeds. in and for Lincoln County, State
of Wyommg and
WHEREAS', the +Mortgagegcontatns apower of sale which by reason
of said.default, the Mortgagee declares'to have become operative, and no
suitor proceeding has been' instituted.at law' to recover the `debt secured
by the Mortgage, or an part thereof rapt lia'S, any such uitnor, proceeding
yconued and;
to, foreclose :the Mortgage by
n the record owner and the
d p ei r ises at te (10) days prior
cation, and th arrtount„due `upon
lvlortgage e t le date of fir st pu blto a tiotn i o f th is notice o s be the
total sum of $35 5,44 4 .73 w ich sum cpnsists of the unpaid principal bat
anc e� of $349 70 pl us ante est accrued t the date of the first publica
tion;of thus noti tt at>< ou t o t $6, °Q00 0 3, plus attorneys' fees, costs
expended, and ac ing inte sand l ate c harges afters "the date;of first
publication o f thi notice of sale,
WHERE. S, The �property; being for upon may be subject to
other,liensC an encumbrances,that will not extinguished at t a sale.
Any prospective purchaser shou�ldresearc lie status mittng s,of title,before'sub-
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 pdbhc venue ty+ the Sheriff or Deputy Sher-
iff in andofor to b n County, W ito,the,highest bidder,forcash at
10;00 o'clock in tite.forenoo o De e "er 7 2 010 at the front door of
th Ltncoln County Courthouse located 925 Sage Avenue, Kemmerer;
WY Lincoln County, for, a p p licatio n o the above described am ounts
secured by: the Mortgage, said property bein described as
follows, to-wit:
LOT TWENTY.(20) (),„s
T T C O UNTRY,CLUB ESTATES
PHASE I, RECD DED t T4, 2004 AS DOC(7MENT,NUM
BEA 89849 MAP NtTIv 315 E IN THE OH 10E OF THE
cLERK faddress' COLN COUNTY, WYOMING
of Lot Faraway A irks 1 7 Fa i rway Avenue,
83x27,:`
Together';
agpurtenances;
been instituted s
WHEF AS, written
advertit sement. and sale n
party m pos Iession of the
to the commencement O
ovemen tl>ereon situate artd all r fixt
PUBLISIR: Nov. 11',18, 24, bec. 2, 2010;(10- 21694;
PUBLISHER'S AFFIDAVIT
EXHIBIT B
td
anette Baldacc
as ,�,��,�A
ervices,
xve, Ste 202
82609 OQ00
7) "33 `5
1111A
Kemmerer, Wyoming
STATE OF WYOMING
)ss.
County of Lincoln
I Mana
a
a Tesoro, Gen :r
Notary ature
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 1
0 U
day of LOA) 20 (Q
and the la t publication being on the 7,
day of P ha 20 -AO--;
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
9
ROSEMARY CAPELLEN NOTARY PUBLIC
County of a t State of
Lincoln g Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this day of
2 0(0
L' I UIII:GLC UI �aie
Dee 10 -21694
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 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 $2,299.40 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 1,105.00
Statutory Notice Fee 65.00
Publication Cost 386.40
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
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 AFFI H NAUGHT.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
day of 2010 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Total $2,299.40
NOTARY PUBLIC
F ODES PEARSON
STATE OF WYOMING
COUNTY OF NATRONA
e Commission Expire A r. 14, 2014
My commission expires:
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EXHIBIT C 000390
AFFIDAVIT OF ATTORNEY
SS
y: Patricia A e Michits
Castle Stawia ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
(Sign J of notarial o er)
L/c/ -eik,r Cr I
Title (and Rar
Certificate of Sale
Dee 10 -21694
Page 7 of 7