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HomeMy WebLinkAbout9579846011019689 CERTIFICATE OF SALE STATE OF WYOMING SS 00C1.25 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 July 23, 2003, executed and delivered by Clark T. Songer and Alana A. Rohde to The Jackson State Bank Trust and (b) that certain mortgage dated July 23, 2003 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 1, 2003, at Reception No. 892149 in Book 529 at Page 307 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 615 -C LAKEVIEW ESTATES SUBDIVISION AS SHOWN BY THE OFFICIAL PLAT THEREOF IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING with an address of 189 Trail Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, Inc. Assignment dated: July 23, 2003 Assignment recorded: August 25, 2003 Assignment recording information: at Reception No. 892743 in Book 532 at Page 37 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, BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, 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 said newspaper and ending with the January 20, 2011 issue thereof and again RECEIVED 2/8/2011 at 11:01 AM RECEIVING 957984 BOOK: 762 PAGE: 125 JEANNE lER INr0I N COUNTY CLERK. KEMMERER, WY Certificate of Sale Songer 10 -24908 Page 1 of 8 once a week for two (2) consecutive weeks, commencing with the January 27, 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 $106,914.56 "Bid Sum which was bid and offered by BAC Home Loans Servicing, LP f /k /a Countrywide Home Loans, 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 $2,083.90 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 Sheriff in and for Lincoln County, State of Wyoming By: M. Shane Johnson Print Na me: .Tnhn .Tarkman Title: Deputy Sheriff Certificate of Sale Songer 10 -24908 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 Expires: COSPkg Witness my hand and official seal. SAVANNA L. COUNTY OF LINCOLN ACKNOWLEDGMENT ,i. NO IARY PUBLIC STATE OF WYOMING SS My Commission F;)ires Notary Public 00;0127 Certificate of Sale Songer 10 -24908 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. N01: 71969009843000601155 CERTIFIED MAIL NO. FSN: 71969009843000606853 CERTIFIED MAIL NO. NOPP: 71969009843000627131 Clark T. Songer 189 Trail Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000601179 CERTIFIED MAIL NO. FSN: 71.969009843000606860 CERTIFIED MAIL NO. NOPP: 71969009843000627148 Alana A. Rohde 189 Trail Drive Alpine, WY 83128 COSPkg EXHIBIT A SS COA.23 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 July 23, 2003 (the "Mortgage and recorded on August 1, 2003, at Reception No. 892149 in Book 529 at Page 307 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 Clark T. Songer and Alana A. Rohde "Mortgagor(s) the named mortgagor(s), and The Jackson State Bank Trust is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP f /k/a Countrywide Home Loans, Inc. Assignment dated: July 23, 2003 Assignment recorded: August 25, 2003 Assignment recording information: at Reception No. 892743 in Book 532 at Page 37 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. N01: 71969009843000601162 CERTIFIED MAIL NO. FSN: 71969009843000606891 CERTIFIED MAIL NO. NOPP: 71969009843000627179 Clark T. Songer PO Box 5332 Etna, WY 83118 -5332 CERTIFIED MAIL NO. NOI: 71969009843000601186 CERTIFIED MAIL NO. FSN: 71969009843000606907 CERTIFIED MAIL NO. NOPP: 71969009843000627186 Alana A. Rohde PO Box 5332 Etna, WY 83118 -5332 Certificate of Sale Songer 10 -24908 Page 4 of 8 CERTIFIED MAIL NO. NOI: 71969009843000601193 CERTIFIED MAIL NO. FSN: 71969009843000606877 CERTIFIED MAIL NO. NOPP: 71969009843000627155 Occupant 189 Trail Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000601216 CERTIFIED MAIL NO. FSN: 71969009843000606884 CERTIFIED MAIL NO. NOPP: 71969009843000627162 Mary E. Sanger 2487 Odell Ct. Rio Rancho, NM 87124 State of Wyoming County of Natrona NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA Commission Expires Apr. 14 2014 My commission expires: r f( Zo (,j COSPkg FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. NOI: 71969009843000601209 CERTIFIED MAIL NO. FSN: 71969009843000606914 CERTIFIED MAIL NO. NOPP: 71969009843000627193 BAC Home Loans Servicing, LP f /k/a Countrywide Horne Loans, Inc. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000601223 CERTIFIED MAIL NO. FSN: 71969009843000606921 CERTIFIED MAIL NO. NOPP: 71969009843000627209 The Jackson State Bank Trust PO Box 1788 112 Center St Jackson, WY 83001 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 14, 2010 and the date of the first publication of the notice of foreclosure sale was December 30, 2010. B D. nette acci C- e Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 day of Fe 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) U o k Title (and Rangy() 00 )1.29 Certificate of Sale Songer 10 -24908 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated July 23, 2003, executed and delivered by Clark T. Songer and Alana A. Rohde "Mortgagor(s)") to The Jackson State Bank Trust, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mort- gagee, and which Mortgage was recorded on August 1, 2003, at Recep- tion No. 892149 in Book 529 at Page 307 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans, Inc. Assignment dated: July 23 2003 Assignment recorded: August 25, 2003 Assignment recording information: at Reception No. 892743 in Book 532 at Page 37 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (1 0) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $105,708.09 which sum consists of the unpaid principal bal- ance of $103,664.73 plus interest accrued, to the date of the first publica- tion of this notice in the amount of $2,043.36, plus attorneys' fees, costs 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 BAC Home Loans Servicing, LP f/k/a Country- wide Home Loans, Inc., as the Mortgagee, will have. the Mortgage fore- closed 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 Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County for appli- cation on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to` -wit: LOT 615 -C LAKEVIEW ESTATES SUBDIVISION AS ;SHOWN BY THE OFFICIAL PLAT THEREOF IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING with an address of 189 Trail Drive, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans, Inc. By: Patricia Anne Michitsch Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PPUBLISH: Dec. 30, 2010; Jan. 6, 13, 20, 2011 (10- 24908) 1230 COSPkg EXHIBIT B day of and the last publication day of Notary Si OOA.3O KEMMERER, WYOMING 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 consecutive issues /weeks; the first publication being on the 20A0 being on the 20 20 11 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) I Jensen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln My Commission Expires May 5, 20I2 STATE OF WYOMING )ss. COUNTY OF LINCOLN State of Wyoming Subscribed in my presence and sworn to before me on this 20 day of CI MVO Certificate of Sale Songer 10-24908 Page 6 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION KEMMERER GAZETTE KEMMERER, WYOMING �da" ��e aytnent of nnaj and interest has oc- aurre u1c termtr"sory bte (the Vote) dated t Juiy:23 2�O� g 7 is p eI ;and A alla A Rohde fQ t 7 1���} q �`E t d �srg r Mo#tga °r�(s) tope cks Mate auk 1Yust Mortgagee '),and a re es t t}q s (t e b tl gage) of the same date securing the Note,sw ich tot ge wa e and delid by ortgagor(s), to o Mortga and c ortgage�wwas ,recorded in vere th r ecords of the L o f fi ce o t u C lerk an ex, o fficio Reg ister of Deeds e f or in coln a unty t "e of Wyoming, on August 1 2 003 at Recepio 892149'inBook at Pag 3 07; WHERBAS, th 529 e M o r tg a g e has y be e n duly assigned for value byMort- gagee as- follows: Assignee: BAL.Home,Loans ervicing L P f/k/a Countrywide Home Loans I Assignment dated :)u 23 2003 Assignment recorded: August 25 „2003 Assignment recording'informa ion at Reception No. 892743 in Boo 532 at Page 37 All in therecords of the C Clerk, ai d ex o fficio Register Deeds rn and f' o rL incoln C Wyoming and WHERE writt e n notice of intent t o foreclose the Mortgage by advertisement acid sale pursuan to the xe m s o f ;th Mortgage, has'•been serv upo the rec an p y t o pos session of the m premises at least t en (10) days prior to s t p u blic a tion of t n otice o sale, ri, ;r"61,‘ propertyi covered`by saidMortgage rs de as £oliows: LO 5 C LA EVIEW ESTTA1LS Si7BD`IVISIONAS, S OWN BY HE OFFICIAL'iPLAT T REO IN T HE O FFICE,OF. I CLERK Olt LII OLN C()LJN WYO MING with an address of 1 WHEREAS, the 13' rope other liens end encumbra ces Any prospectivepurc sho PUBLISH Jan.;: COSPkg ine WY 8 3728. oreclosed upon may be subject to at 111 414,24 be extinguished at the sale. d`'research the sta tus of title before su b- NO IC 'IS t E BY w GIVEN, pursuant Wyoming, Statutes Sec tion 34 -4 109 C200 that t e foreclosure,' sale, of the above Mort gage,. scheduled for 'January 25, 2 11 at' the front door of the Lincoln `County Courtho located at 925 Sage Avenue Kemmerer, WY, Lincoln County, State of has beett,postperied to'1:Q 00 o'clock rn the forenoon on February 8,,2011 at(. .f h e,fiont door` pf the, Lincoln; County, Courthouse. located at 925 Sage Avenue, Kenimerer,WY, Lincoln' County, State'. of Wyoming BAC Home Loans Servicing, LP f/k/a Countrywide. Home Loans, Inc. eb. 3, 2011 (10-24908) By: Castle Stawiarski, LLC 330. S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000. 3073335379 0127 EXHIBIT B Notary Si el Jensen, Pu +lis KEMMERER, WYOMING Micha 7$tsen, Publisher STATE OF WYOMING )ss. COUNTY OF LLINCOLN 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 Z consecutive issues /weeks; the first publication being on the day of J e, /(ht and the last publication being day of ",th.j.l.11JLh.1A- and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 2.7 20 I t on the 20 (1 Subscribed in my presence and sworn to before me on this day of ;Q_h L1 aJ, A.D., 20 l I Certificate of Sale Songer 10 -24908 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 $2,083.90 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost Publication Cost Nopp Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs FTP Update Total $2,083.90 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 SAYETH AU HT. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC KODEE PEARSON STATE OF WYOMING COUNTY OF NATRONA b li W Commission ites A i-. s4, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Danette Bald. ci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 zby 600.00 554.00 156.00 441.60 186.30 50.00 29.00 11.00 11.00 10.00 10.00 25.00 (Signay of notarial officer) Title (and Rank/ Certificate of Sale Songer 10 -24908 Page 8 of 8 0001a2