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HomeMy WebLinkAbout9574536011019635 CERTIFICATE OF SALE STATE OF WYOMING 0�f�0 )SS COUNTY OF LINCOLN 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 March 21, 2006, executed and delivered by Chris Cullimore and Shannon Cullimore to Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage, its successors and assigns and (b) that certain mortgage dated March 21, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 22, 2006, at Reception No. 916853 in Book 614 at Page 819 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 131 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 171 Lilac Drive Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: March 12, 2010 Assignment recorded: March 18, 2010 Assignment recording information: at Reception No. 952599 in Book 744 at Page 139 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, CitiMortgage, Inc. "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 December 2, 2010 issue of said newspaper and ending with the December 23, 2010 issue thereof; that said COSPkg RECEIVED 1/4/2011 at 11:23 AM RECEIVING 957453 BOOK: 759 PAGE: 840 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cullimore 10 -21935 Page 1 of 7 000841 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 $178,827.54 "Bid Sum which was bid and offered by CitiMortgage, Inc. "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 $1,950.80 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 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 2012 l COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Certificate of Sale Cullimore 10 -21935 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 4th day of January 201AI My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SS Nota Public SAVANNA L. F. „r,;i[ S NOTARY PUBLIC u~ COUNTY OF STATE OF LINCOLN a WYOMING ,My_Commis ion f X riinS ©©084'2 Certificate of Sale Cullimore 10 -21935 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 21, 2006 (the "Mortgage and recorded on March 22, 2006, at Reception No. 916853 in Book 614 at Page 819 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 Chris Cullimore and Shannon Cullimore "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Homequest Mortgage, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: March 12, 2010 Assignment recorded: March 18, 2010 Assignment recording information: at Reception No. 952599 in Book 744 at Page 139 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: 71969009843000584380 CERTIFIED MAIL NO. FSN: 71969009843000587800 Chris Cullimore 171 Lilac Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000584410 CERTIFIED MAIL NO. FSN: 71969009843000587817 Shannon Cullimore 171 Lilac Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000584434 CERTIFIED MAIL NO. NOI: 71969009843000584441 CERTIFIED MAIL NO. FSN: 71969009843000587824 CERTIFIED MAIL NO. FSN: 71969009843000587862 Occupant CitiMortgage, Inc. 171 Lilac Drive 1000 Technology Drive, MS322 Thayne, WY 83127 0 Fallon, MO 63368 -2240 COSPkg EXHIBIT A 00ii843 SS CERTIFIED MAIL NO. N01: 71969009843000584403 CERTIFIED MAIL NO. FSN: 71969009843000587848 Chris Cullimore PO Box 52225 Casper, WY 82605 CERTIFIED MAIL NO. NOI: 71969009843000584427 CERTIFIED MAIL NO. FSN: 71969009843000587855 Shannon Cullimore PO Box 52225 Casdper, WY 82605 Certificate of Sale Cullimore 10 -21935 Page4of7 CERTIFIED MAIL NO. NOI: 71969009843000584458 CERTIFIED MAIL NO. FSN: 71969009843000587831 Star Valley Ranch Association HCR62 Box 7008 Star Valley Ranch, WY 88127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 16, 2010 and the date of the first publication of the notice of foreclosure sale was December 2, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on day of V k c. 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg My commission expires: FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC ODES PEARSO STATE OF WYOMING I COUNTY OF NATRON 'q• y Commission Expirrs Ap 4 2054 .7.c 5�GK� 'T� '.ffi�..7.6 24 y: atricia A e Michits Castle Stawia ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) Title (and Rak) 000844 Certificate of Sale Cullimore 10 -21935 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT 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 4 consecutive issues /weeks; the first publication being on the day of b. C11 20 iQ and the I sstt publication being on the day of C _j) iy\ kph) 20 9 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC State of County of Lincoln M Wyoming My Commission Expires May S, 2012 Subscribed in my presence and sworn to before me on this day of _Vin/ A.D., 20 el Jensen, Publ'sh Notary 5 Michael Jen-.�i1 Publisher 000845 Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln 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 $1,950.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 689.00 Statutory Notice Fee 91.00 Publication Cost 427.80 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 SAY TH NAUGHT. 4 et-x- -•By. Patricia An e Michitsc Castle Stawia ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 State of Wyoming County of Natrona My commission expires: COSPkg Total $1,950.80 NOTARY PUBLIC KODEE PEARSON STATE OF WYONIING COUNTY OF NATRONA Commission Expires Apr. 14, 2014 EXHIBIT C AFFIDAVIT OF ATTORNEY 004845 fd SS This instrument was acknowledged before me on day of .�°c 2010 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of notarial fficer) A G -ey (lb) Title (and Rarc) Certificate of Sale Cullimore 10 -21935 Page 7 of 7