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STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000391
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 November 26, 2007, executed and delivered by
Jerold Schmidt 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 November 26, 2007 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on December 3, 2007, at Reception No. 935330
in Book 680 at Page 323 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:
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LOT 62 OF STAR VALLEY RANCH PLAT 6, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
JUNE 30, 1971 AS INSTRUMENT NO. 431710 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 631 Vista East Drive Star Valley Ranch, WY
83127
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: First Horizon Home Loans, a division of First Tennessee Bank, N.A.
Assignment dated: October 19, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950352 in Book 735 at Page
128
Assignee: Federal National Mortgage Association
Assignment dated: July 12, 2010
Assignment recorded: September 21, 2010
Assignment recording information: at Reception No. 955623 in Book 754 at Page
52
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
RECEIVED 12/7/2010 at 11:42 AM
RECEIVING 957059
BOOK: 758 PAGE: 391
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Schmidt 09- 22490R
Page 1 of 7
000392
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.
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
$448,942.18 "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 $4,182.80 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.
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Certificate of Sale
Schmidt 09- 22490R
Page 2 of 7
00039a
DATED at Kemmerer, Lincoln County, State of Wyoming, this
7th day of December 2010.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
SAVANN A L.
COUNTY OF
LINCOLN
By:
SS
Witness my hand and official seal.
My Commission Ex Tres
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Cliff Boyd
Title: Deputy Sheriff
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.
Notary Public
Certificate of Sale
Schmidt 09- 22490R
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A 000394
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
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 November 26, 2007 (the "Mortgage and
recorded on December 3, 2007, at Reception No. 935330 in Book 680 at Page
323 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 Jerold Schmidt
"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: First Horizon Home Loans, a division of First Tennessee Bank, N.A.
Assignment dated: October 19, 2009
Assignment recorded: November 3, 2009
Assignment recording information: at Reception No. 950352 in Book 735 at Page
128
Assignee: Federal National Mortgage Association
Assignment dated: July 12, 2010
Assignment recorded: September 21, 2010
Assignment recording information: at Reception No. 955623 in Book 754 at Page
52
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: 7196900900571472 CERTIFIED MAIL NO. NOI: 71969009843000571533
CERTIFIED MAIL NO. FSN: 71969009843000578068 CERTIFIED MAIL NO. FSN: 71969009843000578082
Jerold G. Schmidt Jerold G. Schmidt
631 Vista East Drive 3464 Cleveland Cir
Star Valley Ranch, WY 83127 Salt Lake City, UT 84109 -3124
CERTIFIED MAIL NO. NOI: 70101060000021394619 CERTIFIED MAIL NO. NOI: 71969009843000571540
CERTIFIED MAIL NO. FSN: 71969009843000578075 CERTIFIED MAIL NO. FSN: 71969009843000578099
Federal National Mortgage Association Occupant
14523 SW Millikan Way, Suite 200 631 Vista East Drive
Beaverton, OR 97005 Star Valley Ranch, WY 83127
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Certificate of Sale
Schmidt 09- 22490R
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 26, 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,
ODEE PE''RSON
STATE OF WYOMING
COUNTY OF NATRONA
Mx Ex Expres A r 94, 2094
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
.,477
Patricia ne Mic ch
Castle Sta arski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
This instrument was acknowledged before me on
2010 by Patricia Anne Michitsch as attorney of
LLC.
(Signature of notarial o icer)
cfb
Title (and Rank
000395
Certificate of Sale
Schmidt 09- 22490R
Page 5 of 7
SALE NO
,��t irate payment io p ipal�and,interest'has oc
terms lof a promissory note (the Note') dated Novem-
,,)7, executed'and delivered by 'Jerold Schmidt ("Mortgagor(s)")
age Registration Systems, Inc., as nominee for First
ome Loans a division of First', Tennessee Bank, N.A., and a
festa ga
te,mort (the: "Mortgage,) of the same date securing the Note,
Mortgage was executed and delivered by. said 1Glortgagor(s), to
Mortgagee,; andwhichMortgagewas 'recorded' on December -3, 2007;
at sReception"No. 935330 in Book 680 `323 in the 'record`s of the
01'00 '0 the County Clerk�an ®'ex- officio Register Of Deeds in and for
for value as `follows
ans; a division of First Tennessee
r -tr Ass gnee First Horizon Home Lo
Bank, N.A. s
Assignment dated .Octobe 9, 2009
Ass gnment'recorded: November 3, 2009
A'ss gnment;tecording information: at Reception No. 950352 in Book
V35 at Page 12
Ass F e der al N ational `Mortgage A ssociati o n
Assignment' da ted Su 2 2010'
Assignment ecorded Sepre iiber 21, 2010 b��Assignment reco g at R No. 955623 in Book
3 is t it jit d d
gar
\i1 in°th r ec rd s of th Count Clerk an ex- oftcio Register o Deeds
And for Linc Coun Wyo
A REAS `the °Mortg e cofi s a o ier o'f sal ewt ic byrea
of sai d default, 'the 1vl tga e e eclares to have be ,5ome operative, y a nd'no
suit Wo r r procee din"g has li'een.inst ti at "'law t "recover the0 de "s e c u red
by the Mortgage, or any part thereof, has a ny such suit; or p roceeding
been instituted; an d the same discontinue and
by
Mortgage
adve rtisement an d sale has been served "upon the record'owner and th e
party in'po ssession ale n ort g aged premises atleast ten ;(10) days prior
to the commencement of, this pubhoation, and the amount due upon'the
M or tg age on tl a ada of fit's, p b1icatton of this not of s al e beingAthe
total� of $440,74 which s um 'Consists of'the unpaid princi bat-
$3�9� 84420 p lusp`nit ere s'k`ae crued'to theda of the fit
tion o thi nodc the am iuu t' $4 4 8 "9d b7, plus'attorneys' fees c
expended, `d accruin a d' late charges afte the d ate of first
pu b l ication of..t is notice elf sale p
WHEREAS, The p roper t y bein for eclosed upon may b subject t
other' and i °e r ces th a, ill not b e extin g u i s hedeat'the sale.
Any prospe purc haser s `hhould r ese arch the s of before sub-
mitting a bid
NOW, THEREF e deral Na t i on Mo rtgage As soci a tion, as t h e`
Mortgagee," will have the Mortgage°' closed a b y law pro °b
causing the "mort a ged prop erty to be sold a p ublic venue by the'
pfi r Deputy She in acid or Lincoln County Wyoming to the highest
bidder for cash ,;�at lb 0 o 'clock in t he' foreno n on Dcember"7, 2010 at
t he "front too L Countyw co I on at 925 Sage
A e nu e I e rn i tierer, incd1n C appn th
the Mo e, s aid ,mortgaged r
escrbe amounts s by q g -p operty
e;enb crib! :1 iws, ttl' tt
O i$ �7; "I ATTCI PLAT 5, LTNCbL14 COUNTY;
oN "Tt "OFFICIAL PLAT FII:1D ON
liUMEIO `%431710 OF THE''RECORDS
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
KEMMERER GAZETTE
C gether 1
urtenances' l
v
e, Star Valley Ranch; WV` 83127.
ereon situate and all fixtures and
feral National Mortgage Association
By:'Danette.Baldacci
iwiarski Legal Services, LLC
330' S. Walsh °Drive, Ste. 202
Casper, ,WY;82609 -0000
113'53,7
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 1 consecutive issues /weeks;
the first publication being on the
day of `1'1irciaiml1./A) 20 to
and the last publication being on the
day of JP-0. Q 31J) 20_1E;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in my presence and sworn to
bef
Mark Tesoro, General Manager
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln M Wyoming
My Commission Expires May 5, 2012
re me on this Z day of
Notary
0 10
000396
Kemmerer, Wyoming
STATE OF WYOMING
)ss.
County of Lincoln
L eruidcate OT Jade
Schmidt 09- 22490R
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
NOTARY PUOLiC
KCDEE PEAR SON
STATE OF WYOMING
COUNTY OF NATRONA
A
Ii Commission Expires Apr 4 4, 23 ;4
f- .tea•,, ti.- ^ctz�;�.. r�; n.xr
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $4,182.80 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 1,218.00
Statutory Notice Fee 52.00
record AOM 8.00
Publication Cost 496.80
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Sheriffs Deed 11.00
Sheriffs Sale Fee 10.00
Sheriffs Deed Fee 10.00
FTP Update 25.00
Previous Invoice $1,676.00 1,676.00
Total $4,182.80
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 AFFIA TH NAUGHT.
This instrument was acknowledged before me on
day of L 2010 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
atricia A e Michlts
Castle Stawi ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307)333 -5379
Title (and Rank)
000397
Certificate of Sale
Schmidt 09- 22490R
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