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HomeMy WebLinkAbout9570606011019516 STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: 00039S of lawful age, being first duly sworn 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 April 12, 2007, executed and delivered by Nicholas Lufkin to The Jackson State Bank Trust and (b) that certain mortgage dated April 12, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 13, 2007, at Reception No. 928386 in Book 654 at Page 348 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 7 IN LEON LIVINGSTON SUBDIVISION, IN TOWNSHIP 37 NORTH, RANGE 118 WEST, 6TH P.M., LINCOLN COUNTY WYOMING. SAID PLAT OF SAID SUBDIVISION AS RECORDED IN THE COUNTY OF LINCOLN, STATE OF WYOMING. with an address of 345 West Cottage Lane Alpine, WY 83128 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., successor by merger to The Jackson State Bank Trust "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 COSPkg Certificate of Sale RECEIVED 12/7/2010 at 11:45 AM Lufkin 10 -20805 RECEIVING 957060 Page 1 of 7 BOOK: 758 PAGE: 398 JEANNE WP LINCOLN COUNTY CLERK, KtMMERER, WY 030)399 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 $174,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A., successor by merger to The Jackson State Bank Trust "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 $1,870.40 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. COSPkg By: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Cliff Boyd Title: Deputy Sheriff Certificate of Sale Lufkin 10 -20805 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: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public SAVANNA I. NF NOTARY PUBLIC COUNTY OF STATE OF WYOMING /Z7 LINCOLN My Commission Expires frOi404 Certificate of Sale Lufkin 10 -20805 Page3of7 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 April 12, 2007 (the "Mortgage and recorded on April 13, 2007, at Reception No. 928386 in Book 654 at Page 348 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 Nicholas Lufkin "Mortgagor(s) the named mortgagor(s), and The Jackson State Bank Trust 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: 71969009843000573148 CERTIFIED MAIL NO. FSN: 71969009843000577801 Nicholas Lufkin 345 West Cottage Lane Alpine, WY 83128 CERTIFIED MAIL NO. NOI: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOI: 71969009843000573162 CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: 71969009843000577825 Wells Fargo Bank, N.A., successor by merger to The Jackson Occupant State Bank Trust 345 West Cottage Lane 3476 Stateview Blvd Alpine, WY 83128 Fort Mill, SC 29715 CERTIFIED MAIL NO. NOI: 70101060000021394138 CERTIFIED MAIL NO. FSN: 70101060000021394282 Wells Fargo Bank, N.A., successor by merger to The Jackson State Bank Trust P.O. Box 1788 50 Buffalo Way Jackson, WY 83001 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000573155 CERTIFIED MAIL NO. FSN: 71969009843000577818 Nicholas Lufkin 305 Francis Way Jackson, WY 83001 -9217 Certificate of Sale Lufkin 10 -20805 Page 4of7 a0J 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 Castle Stawiarski, LLC. itY PUBLIC KODEE PE RS® STATE OF WYOMING COUNTY OF NA r OrJA {Hr� Com►crossion IFx ercs Apr. 20 -c: My commission expires: COSPkg day of FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2010 by Patricia Anne Michitsch as attorney of Patricia An Michitsch Castle Stawia ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) v 1- r Title (and Rank) 00 402 Certificate of Sale Lufkin 10 -20805 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE. SALE NO TIC E. r REAS, default in the of, principal andinterest has oc- carted under the °terms. of a promissory note. (the "Note dated April 12, )07, executed and delivered by Nicholas Lufkin "1Vlprtgagor(s) to he Jackson State Bank Trust, and a real estate mortgage (the "Mort- gage") of the suited 'ate" secu l ri zi 'g ;the li t whi ct M ort g age "Kwas executed id delive -bye said Mort ,towsaid Mo tgagee, and which Mort tge was =recorded, on -April 13 2007,,, at Rec 0 g a No. 928386 in Book i4 at page 348 in the recordsaofthe offioe of the County Clerk.,and ex- fiC oRegister =of Deeds.in for,Lint olniCounty, State. of Wyoming; id WHEREAS; the .Mortgagecontains;.a power ;of sale which by reason ef said default, the Mortgagee.. declares to have become operative, and no tit.or proceeding has: been instituted at law to recover the debt secured y, the;Mortg ge, ,or any part.thereof,; nor has any such suit or aen. instituted+ and-theaame,,discobtinued, and;; WHEREAS, ,written notice of intent to foreclose the Mortgage by lvertisement and. sale has been served upon the record.ow ner;and the party in possession of the mortgaged premises, at least ten days prior to the commencement of this prst ;publicatublicationd the amount due uponthe Mortgage on the date of fiion :of.thisnotice of sale being the tal suin of $190,703.24 which sum consists ofxhe unpaid principal al icye'of $168,5$2.43 plus interest accrued to the date of the first publica- 'n iotice in.th'e amount of $22 „120.81, plus attorneys' fees, costs ;pended, and accruing. interest and late charges aft er'the be date of fa st of +.notice.of sale, WI-IEREAS, The. property being €oreclosed upon may subject her lien aticesthat will not be extinsh ny tbl pro cation; spect vekthis purchasershould resear gui ed at the sale. ch,the,status of title before sub itting abid; NOW,; THEREFORE Fargo Bank N.A successor by merger to The Jackson StatertBank gust as the Mortgagee,. will have the Mort tge foreclosedas "by,law mortgaged property to sold at venue by .t o L )e p pty Sherffui and for Lin- t1n;•Coitnty„ Wpb ming is -;t tghe1f l? ,dder, for cash at ;10:001o' clock in enfgre use l c 7,2010 a doer of-the Lincoln County qurtlouse located at 95 ,S'age3Avexi WY, Lincoln County, .r application ;orn the,,aboue descri- ours secured by. th to -wit. Mort tge, saidmortgaged property beingtdescribed as follows, LOT' 7 IN LEON LIvINGSTON bed SLTtBDIYIION, IN TOWNSHIP 1 •NORTH,sRA 1:1,8 WEST, `361I3.1'M. LINO OLN'.COU TYOMING. S F LAT OF SAI AS. RECORDED 1THECOUNTY:(71 LINCOLN,STATWMI�G. with an address of 345 West Cottage Lan Alpi WY l 83128. Together nitl, a ll l.,.,.rovew,ento situate thereon l all f vt onrl aPPartenances thereto Wells `Fargo Bank N.A., successor. by merger to The Jackson State Bank Trust By: Danette Baldacci Castle,. Meinhold, &.Stawiar�ski Legal. Services, LLC 330 S, Walsh Drive, -Ste, 202 Casper, WY 82609 -0000 (307) 3335379; PUBLISH: Nov. 11, 18, 24,.Dec. 2, 2010. (10- 20805) 1111B 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 4 consecutive issues /weeks; the first publication being on the I I day of n )A and the last publication being on the '2 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 b State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this day of p CQrn Notary S' 000403 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln ,2010 am.at v, :,ac Lufkin 10 -20805 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 $1,870.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 700.00 Statutory Notice Fee 52.00 Publication Cost 386.40 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 COSPkg Total $1,870.40 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 AFFIAN,L.S,�Y�'TH NAUGHT. State of Wyoming County of Natrona KODEE PE ARSON STATE OF WOWING COUNTY OF KIATFtONA Commission Exxplres Apr. 14 2014 My commission ex res: 2 criy y: Patricia ne Michitsc 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 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) Title ('arid Rank) 000.404 Certificate of Sale Lufkin 10 -20805 Page 7 of 7