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HomeMy WebLinkAbout9574526011019597 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000833 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 22, 2006, executed and delivered by Brian Harris and Patricia Harris to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated December 22, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 26, 2006, at Reception No. 925582 in Book 644 at Page 474 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 LOTS 3 AND 4 OF BLOCK 2 OF THE FOLLIES OF 42 ADDITION TO THE TOWN OF DIAMONDVILLE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT FILED AUGUST 11, 1986 AS INSTRUMENT NO. 659876 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 12 Frontier Street Diamondville, WY 83116 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: November 8, 2010 Assignment recorded: November 17, 2010 Assignment recording information: at Reception No. 956793 in Book 757 at Page 428 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, MidFirst Bank "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 RECEIVED 1/4/2011 at 10:53 AM RECEIVING 957452 BOOK: 759 PAGE: 833 JEANNE WAr LINCOLN COUNTY CLERK, mniviMERER, WY Certificate of Sale Harris 10 -22485 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the December 9, 2010 issue of said newspaper and ending with the December 30, 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 January 4, 2011 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 $172,4 65.37 "Bid Sum which was bid and offered by MidFirst Bank "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 $1,990.60 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 January 4, 2011, 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 4th day of January 201ai COSPkg of Wyoming By: 004834 Y. Shane Johnson Sheriff in and for Lincoln County, State Print Name iff Boy Title: Deputy Sheriff Certificate of Sale Harris 10 -22485 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 4th day of January 2012 Witness my hand and official seal. Notary Public SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF (tiji r;.l STATE OF a;Z'J:v?t J WYOMING LINCOLN nAisto Expires 1 Z? 000835 Certificate of Sale Harris 10 -22485 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 0 00836 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 22, 2006 (the "Mortgage and recorded on December 26, 2006, at Reception No. 925582 in Book 644 at Page 474 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 Brian Harris and Patricia Harris "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: MidFirst Bank Assignment dated: November 8, 2010 Assignment recorded: November 17, 2010 Assignment recording information: at Reception No. 956793 in Book 757 at Page 428 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: 71969009843000589989 CERTIFIED MAIL NO. FSN: 71969009843000594204 Brian Harris 12 Frontier Street Diamondville, WY 83116 CERTIFIED MAIL NO. NOI: 71969009843000589996 CERTIFIED MAIL NO. FSN: 71969009843000594211 Patricia Harris 12 Frontier Street Diamondville, WY 83116 CERTIFIED MAIL NO. NOI: 71969009843000590008 CERTIFIED MAIL NO. FSN: 71969009843000594228 Occupant 12 Frontier Street Diamondville, WY 83116 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000590015 CERTIFIED MAIL NO. FSN: 71969009843000594235 Brian Harris PO Box 124 Diamondville, WY 83116 -0124 CERTIFIED MAIL NO. NOI: 71969009843000590022 CERTIFIED MAIL NO. FSN: 71969009843000594242 Patricia Harris PO Box 124 Diamondville, WY 83116 -0124 CERTIFIED MAIL NO. NOI: 71969009843000590039 CERTIFIED MAIL NO. FSN: 71969009843000594259 MidFirst Bank 999 NW Grand Blvd. Oklahoma City, OK 73118 -6054 Certificate of Sale Harris 10 -22485 Page 4 of 7 00►83'7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 24, 2010 and the date of the first publication of the notice of foreclosure sale was December 9, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of c 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KODEE PEARSO STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14 2014 :R.3'ri* My commission expires: r f lf y: Patricia An e Michitsc Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signat�r of notarial officer) A Title (and Ra Certificate of Sale Harris 10 -22485 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming LOSURE: SALE NOTICE Aefaultt,in the,payment.of principal andinteiest has oc- ITOd t e te�rrns of a promissory note (the "Note�')'dated Decem- 2006 ejiecuted and de elivered by Brian Hams and Patricia Harris 'nominee, First, tip1 Iar gage; i c ,0omo� egistrattp to s0 Tnc., as 'nomfa Horizon T1ti ne;Loaii Coiporatton; aandt 34 ,eal estate t brtgage (the 'Mortgage') f the tdat 7ng the Nte, whi 1VJnmg as„executed and o deli eiredby s aid e Mo t said Mort- wh or}tgage wasR r b D ec e mber 2 2006; ch a ,O age 474 in th records. of the egtster of D in and for or value as follows: All trth records of the „County Cle and ex officio R f Deeds in;atit of tnaoln C ounty, Wyo m ng ti W IER EA,S,� ,t e. Mortgage,contam a power of sal0,w hich by reason a t t a s of sand default the Mortgagee d Gl ares to h `e b ecome operative, and no suit or proceeding has been inst toted atta to recover th debt secured by the Mortgage- any pa ereof, n or h as any such suitor proceeding been instituted and'the:same iscon cued; and WF RB S, w tten not ce ;of intent to foreclose the;hvlortgage by "isenienf and aleMhas set ed;upon e recprd own and the n possession 0 ed to 'e „l east test (10) days prior e;co enceine. b thYs” h >t on d t eatu unt dine`u on the Ib t age d ttie`d te l li`aa�o this naloe of sale b the "ta 0'$1 ",6$1►lhtitrtec� "tsts�of tie irttpxd rinctpal bal nce o X150i7 43 1 -s tntezes tcuC�'io the $ate'o1ie first publics bn o this notice ttir e a5qt]t i ins attbrtieYS' fees, "costs 1 ad"1+44 l� e El ¢rhh" SCf 'htg' 3n b�,ta�o�r Qt11YB��t1Ce'O R>JAS, 'Ilie property tit t oreclosecl,u�on maybe subject b�o ttiei' "tY i§ and eiicuirtbt'ances t a �igr ie "e�Kttn'guii;hed afthe sale.. Ai1 y4fospective'tt'c� h'A' §e ;touts 1%ttie staft�s oftitileb sub= i i a ay Sp" �vLY" Pit°r. a r t i¢ r r t trnttaig a bid 1Vlartgagge wt l have the M gage for eCYo'sed'as by �a i ov ;c e b} causing th rnoi tgaged prop t ty to be s l rfat p ublic enue h the She9rtff or,'D'ep Sti,ertff °in o and for f mcolri C tufty, Wyoing to the 11i'gltestbi for ash at'0 OQ 'clock m the =forenoon on Janu 4 2011 at the Boni door of tfteltltcalti County erer,Y, fiticolh County, nt s secured by' the `Mort e,, aged p�rop�it�beth�.do�Sc�lbe�l a`o1� 1VI B dFirstank 'atncia'Ann Michitsch a e `f awiarski M LC WaIshfbD ve, Stc 202; asper W'Y $2609 0000 x(30 333'`5379 1209 gagee, an Receptio t e Coo 6'46'0' oca ted`a�t 92 Sage vets foP' ap t �OS r2p th abbv �'e c ga "T ALTS'. w „20 0 EXHIBIT B PUBLISHER'S AFFIDAVIT o. 956793 in Book egtste r o s ',ION Y IJGUST ORDS OF` THE 831.16. tures and Kemmerer, Wyoming I, Mike Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 I consecutive issues /weeks; the first ublication being on the C( day of YW4tLth) f0, and the st publication being J on the 30 day of e.0c Mb.0A) 20 td 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 befoeme on this 30 day of i by Michael Michael Jen ublisher R OSEMARY CAPELLEN NOTARY PUBLIC County of J'• Se of Lincoin r� Wyoyoming My Commission Expires May 5, 2012 Notary Sig 000838 STATE OF WYOMING )ss. County of Lincoln rage u or i 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 $1,990.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 667.00 Statutory Notice Fee 78.00 record AOM 11.00 Publication Cost 441.60 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 Total $1,990.60 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 SA ETH 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. NOTARY NtILI DEE P✓ A >at y STATE OF WYO iIN4 COUNTRY OF wi Tf ON/ Commission Expltet ker. :q 261x,_ My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS y: 'atricia A n Michits Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 l (Sig rY to 9f notarial o icer) Title (and Rank) Certificate of Sale Harris 10 -22485 Page 7 of 7 00'0839