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HomeMy WebLinkAbout9579836010918609 CERTIFICATE OF SALE STATE OF WYOMING SS 00. 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 January 17, 2008, executed and delivered by Stanley Jon Kindzerski to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Mortgage Corp. and (b) that certain mortgage dated January 17, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 1, 2008, at Reception No. 936654 in Book 685 at Page 439 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 ONE (1) OF THREE RIVERS MEADOWS ESTATES SUBDIVISION 'A', LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT RECORDED SEPTEMBER 6, 1972 AS DOCUMENT NUMBER 445371 AND MAP NUMBER 183 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 401 Greys River Road, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: February 5, 2010 Assignment recorded: February 16, 2010 Assignment recording information: at Reception No. 952197 in Book 742 at Page 600 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, Ocwen Loan Servicing, LLC "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 COSPkg RECEIVED 2/8/2011 at 10:59 AM RECEIVING 957983 BOOK: 762 PAGE: 117 JEANNE V 1 iror'ni ni rnl !MTV (:1 FPK KFMMERER. WY Certificate of Sale Kindzerski 09 -28486 Page 1 of 8 00118 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 and again once a week for four (4) consecutive weeks, commencing with the January 13, 2011 issue of said newspaper and ending with the February 3, 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 February 8, 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 $349,889.22 "Bid Sum which was bid and offered by Ocwen Loan Servicing, LLC "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 $3,017.80 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 February 8, 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 8th day of February 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Certificate of Sale Kindzerski 09 -28486 Page 2 of 8 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of February 2011. My Commission E xpires: COSPkg ACKNOWLEDGMENT Witness my hand and official seal. Nota Alrlr! NOTARYPUBLiC COUNTY OF LINCOLN My CCoITlrrIIS510n SS STATE OF WYOMING es 000119 Certificate of Sale Kindzerski 09 -28486 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A 00A.20 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 January 17, 2008 (the "Mortgage and recorded on February 1, 2008, at Reception No. 936654 in Book 685 at Page 439 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 Stanley Jon Kindzerski "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean and Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: February 5, 2010 Assignment recorded: February 16, 2010 Assignment recording information: at Reception No. 952197 in Book 742 at Page 600 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: 71969009843000586865 CERTIFIED MAIL NO. FSN: 71969009843000588357 CERTIFIED MAIL NO. NOPP: 71969009843000611208 Stanley Jon Kindzerski 401 Greys River Road Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000586889 CERTIFIED MAIL NO. NOI: 71969009843000586896 CERTIFIED MAIL NO. FSN: 71969009843000588364 CERTIFIED MAIL NO. FSN: 71969009843000588388 CERTIFIED MAIL NO. NOPP: 71969009843000611215 CERTIFIED MAIL NO. NOPP: 71969009843000611239 Occupant Ocwen Loan Servicing, LLC 401 Greys River Road 1661 Worthington Road, Suite 100 Alpine, WY 83128 West Palm Beach, FL 33409 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000586872 CERTIFIED MAIL NO. FSN: 71969009843000588371 CERTIFIED MAIL NO. NOPP: 71969009843000611222 Stanley Jon Kindzerski 505 7 Ave SE Roseau, MN 56751 Certificate of Sale Kindzerski 09 -28486 Page 4of8 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 18, 2010 and the date of the first publication of the notice of foreclosure sale was December 2, 2010. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 94, 2094 6 k, 3 My commission expires: 1f, Le B i anette Bd acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 his instrument was acknowledged before me on J day of 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. (Sign tu notarial o cer) ru-19 Title (and Ran OO(i121 Certificate of Sale Kindzerski 09 -28486 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming w mo C Sh of Lorca tLounty� (buttho W inco1n Councr for app secured by 'tle Mortgage s foliows,nto -wit: LOT ONE (1) OF THREE? VISION A' ,I 'CC T 1 AT NU M! CLE wit d for value as follows: arges ate an 17, 2008, and'rdelive "Mortgagor(s) to Mortgage Elec nominee for Taylor, Bean and Whit. tatemortgage (the "Mortgage of the Mortgage was executed and delivere®. gagee, and which Mortgage was rec ceptton No. 936654 in Book 685 at o the County Clerk and ex- officio 1 County,, ,,State of Wyoming; and WHEREAS, the; mort was a Assignee: O'c gage was Assignment dated: February 5, 2Q, As recorded: February li Assignment recor mfo 742' attPa °ge'i6 ovo AlLin the records of the`County in and for Lincoln, County, Wyomng WHEREAS, th e .Mortgage cont of said default, the Mortgagee declare, suit or proceeding has been institute by the Mortgage, or any part thereof,' b eet instituted and the same discon WHB R EAS, written notice of i ii adv and sale has b een se part po s s ession of the mortgaged= to, the commencement of this"publica M ortga ge on the date of -first ;publica t sum o 338,066:00 which sttm ance $313 244.59 plus�interest ac tion =of.this n otice in.the amount of$ ap P .TBLISSi1rl: ei COSPkg 28486)`; E NOTI principal and interest has oc ®,'te (the "N ote dated` 'y St anley 'Jon K indzersk i egi" stratron "Sys a s ortgage Corp., and a real es- date s ecu r ing. the, N ote, which d Mottgagor(s), to sa Inc. Mort on Feb 2 008, at Re 9 in th records o the office of Dee in an d for Lin eception No 952197 in Book id ex- officio Register of Deeds ower of sale which by reason ave become operative, and no w to recover the debt secured as any such suit or proceeding and o foreclose the Mortgage by on the record owner and the ses atleast ter days prior and the amount due upon the this notice of sale being the is of the unpaid principal bal- e ,.date opthe firstpublica- 9 s';foe ,casts ate of first lect to te`: sale. brevsub- ogee the or ;Deputy bidder for ont door enanierer, 1:`am scribed as EXHIBIT B -0000 5379 1202A Michael Jense ROSEMARY GAPELLEN NOTARY PUBLIC County d state of Lincoln Wyoming My Commtsston Expires May 8, 2012 el Jensen, Publi II a tore 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 before me on this day of Notary Si Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln day of "b U 1►,1Init.it) 20 I0 and the last publication being on the ,20 40 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 00(A22 fisher Subscribed in my presence and sworn to C eirsA A.D ri Certificate of Sale Kindzerski 09 -28486 Page 6 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING COSPkg EXHIBIT B 00Q123 PUBLISHER'S AFFIDAVIT 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 1 day of +t�� att 20 t t and the last publication being on the of 9 e—bJ7,l,i_((hd8- 20 1 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING Micha sen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of Wye ng Lincoln My Commission Expires May S. 2012 Subscribed in my presence and sworn to before me on this day of \4 QJ iL1O h.(d.. A.D., 20th, hael Jensen, Publ Notary nature STATE OF WYOMING )55. COUNTY OF LINCOLN Certificate of Sale Kindzerski 09 -28486 Page 7 of 8 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 $3,017.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale fee Sheriffs Deed Fee FTP Update Publication Cost NOPP Total 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 A YETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 day of F-e--- 2014 by Danette Baldacci as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING G COUNT`( OF NATRONA ,s 61 s Cornet ss ort E t ras Apr. 1 2014 x' My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS B •anette Ba ci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank) 700.00 1,027.00 78.00 455.40 50.00 29.00 11.00 11.00 10.00 10.00 250.00 386.40 $3,017.80 (Signature of notarial o icer) rob/ ©O(014 Certificate of Sale Kindzerski 09 -28486 Page 8 of 8