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HomeMy WebLinkAbout9577826011019556 CERTIFICATE OF SALE STATE OF WYOMING COUNTY OF LINCOLN SS ?C•'33'c' 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 May 31, 2006, executed and delivered by Kimberly Ann Files and Michael Scott Seghetti to Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage LLC and (b) that certain mortgage dated May 31, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 2, 2006, at Reception No. 919009 in Book 622 at Page 127 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 LOT 217 OF NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 251 Gallup Drive, Etna, WY 83118 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: November 29, 2010 Assignment recorded: December 7, 2010 Assignment recording information: at Reception No. 957056 in Book 758 at Page 381 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 30, 2010 issue of RECEIVED 1/25/2011 at 11:52 AM RECEIVING 957782 BOOK: 761 PAGE: 337 JEANNE ""r"-'"ER INCOLN I INCOLN COUNTY CLErv'., r.EMMERER, WY Certificate of Sale Files 10 -21637 Page 1 of 7 said newspaper and ending with the January 20, 2011 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 25, 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 $187,200.12 "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 $1,981.60 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 25, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time, COSPkg DATED at Kemmerer, Lincoln County, State of Wyoming, this 25th day of January 2011. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Title: Deputy Sheriff Print Name: John Stetzenbach 00:338 Certificate of Sale Files 10 -21637 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of January 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. SS SAVANNA L COUNTY OF LINCOLN My COMMIS S1,1! Notary Public ti NOTARY PUBLIC STATE OF WYOMING 0 J s339 Certificate of Sale Files 10 -21637 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci 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 May 31, 2006 (the "Mortgage and recorded on June 2, 2006, at Reception No. 919009 in Book 622 at Page 127 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 Kimberly Ann Files and Michael Scott Seghetti "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Metrocities Mortgage LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: November 29, 2010 Assignment recorded: December 7, 2010 Assignment recording information: at Reception No. 957056 in Book 758 at Page 381 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: 71969009843000604439 CERTIFIED MAIL NO. FSN: 71969009843000606938 Kimberly Ann Files nka Kimberly Ann Seghetti 251 Gallup Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71969009843000604385 CERTIFIED MAIL NO. FSN: 71969009843000606945 Michael Scott Seghetti 251 Gallup Drive Etna, WY 83118 CERTIFIED MAIL NO. NOI: 71969009843000604408 CERTIFIED MAIL NO. FSN: 71969009843000606952 CitiMortgage, Inc. 1000 Technology Drive, MS322 0 Fallon, MO 63368 -2240 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71969009843000604446 CERTIFIED MAIL NO. FSN: 71969009843000606976 Kimberly Ann Files nka Kimberly Ann Seghetti 824 S. 12th St. Worland, WY 82401 CERTIFIED MAIL NO. NOI: 71969009843000604392 CERTIFIED MAIL NO. FSN: 71969009843000606983 Michael Scott Seghetti 824 S. 12th St. Worland, WY 82401 CERTIFIED MAIL NO. NOI: 71969009843000604415 CERTIFIED MAIL NO. FSN: 71969009843000606990 Occupant 251 Gallup Drive Etna, WY 83118 00. .340 Certificate of Sale Files 10 -21637 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000604422 CERTIFIED MAIL NO. FSN: 71969009843000606969 First Interstate Bank 842 West Broadway P.O. Box 11095 Jackson, WY 83002 -1095 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 15, 2010 and the date of the first publication of the notice of foreclosure sale was December 30, 2010. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. instrument was acknowledged before me on day of 3 r),n 2010 by Danette Baldacci as attorney of Castle Stawiarski, LLC. i!kS #s' i.>Zt4 uCR3F'_ eM.•: +.t..;•+2 o-r. NOTARY PUBLIC KODEE STATE OF WYMING COUNTY OF NATRON,' v a;ssaon Expires AP,. 4, 2014: My commission expires: COSPkg y. Panette dacci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signs ure of notari officer) 0 0�1i c. Titl and Rak QO 34j Certificate of Sale Files 10 -21637 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING FORECLOSURE SALE NO WHEREAS, default in the payment of principal and interest has oc- curred under 'the terms of.a promissory note (the "Note dated May 31, 2006, executed and delivered by Kimberly Ann Files and Michael'Scott Seghetti (`Mortgagor(s) ")`to Mortgage Electronic Registration Systems; Inc., as nominee for Metrocities Mortgage LLC, and a real estate mort- gage (the "Mort gage of the same date securing the Note, which Mort gage was executed an d `delivered by said Mortgagor(s), to said Mort gagee, and which ,Mortgage was recorded on June 2, 2006, at Reception No. 919009 in Boo k' 62-2' at Page 127 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County State of Wyomingand' WHEREAS, the mortgage was assigned for value as follows: Assignee: CitiNlo�tgage, Inc. Assignment dated: November 29, 2010 Assignment recorded: December 7, 2010' Assignment recording information: at Reception No. 957056 in Book at Page 381 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln County, age Wyo WHEREAS, the Mortgns a power of sale which•by reason of said default, the Mortgagee declares to h become operative, and no suit or proceeding' has been instituted at l to recover the debt secured by the Mortgage, or any part thereof'nor hasany`such suit or proceeding been institutedsan discontinued; ;and the WHEREAS W itten notice of intent to foreclose` the Mortgage by advertisement and,' sale has been served upon record owner andthe party in possession; of the`mortgagecd premises at least ten (10)`days prior to the commencement of this publication, and the amount due upon the Mortgage on,the date. of .first publication of this of sale being the total sum of $181,952.7$ which sun consists of the unpaid principal bat= ance of $175,1$5,53 plus interest accrued to the date of the first publica- lion of this'.notic e i n the amount of $6,76725;; plus attorneys fees, c osts expended, and .accruing interest and late charges after the date of first publication of this notice of`sale; WHEREAS, The property being foreclosed upon may be subject to other liens` and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before sub- mitting a bid; NOW, THEREFORE CitiMortgage, Inc., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold, at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to: the highest bidder for cash at 10:00 o'clock in the forenoon on January 25, 2011 at the front door of the Lin Coln County Courthouse located at 925 Sage Avenue, Kemmerer, WY,; Lincoln County, for application on the above-described amounts secured by the Mortgage, said mgrtgaged;property being described as follows, to -wit: THEREOF LOT 217 OF NORDIC: RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED 'ON THE OFFICIAL PLAT o ether with all with an address of 251 Gallup Dri ve, Etna, WY 83118 T g p vements thereon situate and all fixtures and im ro appurtenances thereto. CitiMortgage, Inc. By Patricia Anne "Michitsch Castle Stawiarski, LLC 330 S. Walsh Drive; Ste. 202 Casper,` WY 82609 -0000 (307) 333 5379 PUBLISH: Dec. 30; 2010; Jan. 6; 13, 20,2011 (10- 21637) 1230A EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, 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 Aft day of e.17Y0 20 i, Z3 and the last publication being on the 20. and that said advertisement appeared in day of by Micha Mich Notary Sig ,20 II each and every number of said newspaper during the period of publication as above stated. (Signed) nsen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of XI State of Lincoln -,a Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this f) day of -Jit rh Jensen, Publ 00 0)342 Files 10 -21637 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Danette Baldacci, 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 $1,981.60 as compensation for services actually rendered in the foreclosure proceeding. 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.N °,Y H NAUGHT. 1 1 State of Wyoming County of Natrona c day of Stawiarski, LLC. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM Publication Cost Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs Total $1,981.60 NOTARY PURL PC K t DEE PEARS; STATE OF 4P.fYOf'dlf:' COUNTY OF ;k;1-RG't My commission expires: This instrument was acknowledged before me on 2010 by Danette Baldacci as attorney of Castle EXHIBIT C AFFIDAVIT OF ATTORNEY Q JV( Z1'/ SS .4 Danett aldacci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notari officer) „Lm- u ,61 Title and R 600.00 723.00 91.00 8.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 00:.3-43 Certificate of Sale Files 10 -21637 Page 7 of 7