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HomeMy WebLinkAbout958387601111S STATE OF WYOMING 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 17, 2008, executed and delivered by David C. Woods and Angela R. Woods to Mortgage Electronic Registration Systems, Inc., as nominee for ANB Financial, N.A. its successors and assigns and (b) that certain mortgage dated March 17, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 21, 2008, at Reception No. 937746 in Book 690 at Page 191 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 73 OF ALPINE MEADOWS SUBDIVISION, LINCOLN COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED AUGUST 23, 2005, AS RECEIVING NO. 911176, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 206 -A. with an address of 12 Aster Loop, 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, L.P. Assignment dated: January 4, 2010 Assignment recorded: January 12, 2010 Assignment recording information: at Reception No. 951584 in Book 740 at Page 12 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, L.P. "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 CERTIFICATE OF SALE SS RECEIVED 3/8/2011 at 10:31 AM RECEIVING 958387 BOOK: 763 PAGE: 391 JEANNE WAGNER i iNrni N rnI INTY ('I FRK KFMMERER. WY 000391 Certificate of Sale Woods 11 -00700 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the February 10, 2011 issue of said newspaper and ending with the March 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 March 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 $225,000.00 "Bid Sum which was bid and offered by BAC Home Loans Servicing, L.P. "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 $2,419.60 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 March 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 March 2011. COSPkg M. Shane Johnson Title: Deputy Sheriff 000392 Sheriff in and for Lincoln County, State of Wyoming Print Name: Ci f f Boyd Certificate of Sale Woods 11 -00700 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg COUNTY OF LINCOLN MySuTisaotlAlljr ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 8th day of March 2011. Witness my hand and official seal. JY\M6 1COAr \)_Q Notary Public SAVANNA L. HAWKES NOTARY PUBLIC STATE OF WYOMING SS Certificate of Sale Woods 11 -00700 Page 3 of 7 000333 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 March 17, 2008 (the "Mortgage and recorded on March 21, 2008, at Reception No. 937746 in Book 690 at Page 191 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 David C. Woods and Angela R. Woods "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for ANB Financial, N.A. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: January 4, 2010 Assignment recorded: January 12, 2010 Assignment recording information: at Reception No. 951584 in Book 740 at Page 12 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: 71969009843000631145 CERTIFIED MAIL NO. FSN: 71969009843000641700 David C. Woods 12 Aster Loop Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000631169 CERTIFIED MAIL NO. FSN: 71969009843000641717 David C. Woods PO Box 6545 Jackson, WY 83002 -6545 CERTIFIED MAIL NO. NOI: 71969009843000631183 CERTIFIED MAIL NO. FSN: 71969009843000641724 David C. Woods 418 Dennison Ave Fort Collins, CO 80526 COSPkg EXHIBIT A SS 000394 CERTIFIED MAIL NO. NOI: 71969009843000631152 CERTIFIED MAIL NO. FSN: 71969009843000641762 Angela R. Woods 12 Aster Loop Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000631176 CERTIFIED MAIL NO. FSN: 71969009843000641816 Angela R. Woods PO Box 6545 Jackson, WY 83002 -6545 CERTIFIED MAIL NO. NOI: 71969009843000631190 CERTIFIED MAIL NO. FSN: 71969009843000641786 Angela R. Woods 418 Dennison Ave Fort Collins, CO 80526 Certificate of Sale Woods 11 -00700 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000631206 CERTIFIED MAIL NO. FSN: 71969009843000641731 David C. Woods 4408 JFK Parkway, Unit #D107 Fort Collins, CO 80525 CERTIFIED MAIL NO. NOI: 71969009843000631220 CERTIFIED MAIL NO. FSN: 71969009843000641748 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000631244 CERTIFIED MAIL NO. FSN: 71969009843000641755 North Star Utility P.O. Box 3910 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 25, 2011 and the date of the first publication of the notice of foreclosure sale was February 10, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This i strument was acknowledged before me on day of 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA :nnmission Ex ires Jan 19, 2015 My commission ex ires: �1. r, a6is COSPkg anette dacci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R. k) 000395 CERTIFIED MAIL NO. NOI: 71969009843000631213 CERTIFIED MAIL NO. FSN: 71969009843000641793 Angela R. Woods 4408 JFK Parkway, Unit #D107 Fort Collins, CO 80525 CERTIFIED MAIL NO. NOI: 71969009843000631237 CERTIFIED MAIL NO. FSN: 71969009843000641809 Occupant 12 Aster Loop Alpine, WY 83128 Certificate of Sale Woods 11 -00700 Page 5of7 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming .ssi gntnel ti erk and ex- officio Register of ower of sale which by reason ra v e, and no secured vill, n eX tn]: researo ex:sta REFORE BAC Home Loans Serum eclosed`as b w lvlo��'e�' Y ytobesof tpubho�enue t31 iii Wy oming to the l .tgi e foren o arch 8 201€1 t ni qi 4� at 92'5 Sage P mrai d tton. therabo e, FORECLOSURE SALE NOTICE WHEREAS,'. default in the p aym ent o principal and interest has oc- curred tnder the tenns of ,a p o so�otte khe Niue dated March 17, "N O8 executed by David oods. =and AngelaR. Woods f M r g e e ation Sy t ns,. Inc:, as nominee for B B ci l�l tt s tie ce rss arnd"�assigns, and a Teal'. gestate,mortgage;(the "Mort age') df.the'same date securing tlhe.Note,. rwhrclilVItirt- agoras; ekec dd' andtdeliVerediby .satd:lMortkagor(s), to a1d1494 Oh'artd 'hxc A `age*44,eG�rtted on Match 2.1, 2008, 'at Reeepton &93T�46 m Book 64Q at e „I m th records of the office ofi the €oikxt� €eXia for Line,' h WHE ssignee, Assi .ss 740 at f 'age 12 �Allintherecords €ofd in and .for Lincolft Coui wHBRE..S i other liens an Any pospec submi „r NOW ga, to S a KEMMERER GAZETTE e007 PUBLISHER'S AFFIDAVIT 951584 in Book lu fees, ate'of ubjectto! hed at the sale. :of title before as the Mort, or Deputy drier for cash root door of Kemmerer, r Bunts Abed as 01. oeds poor on;.the Bing the no. al NCOLN L PLAT 1;76, MTNG, EXHIBIT B and day of day of rby 00 396 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 consecutive issues /weeks; the first publication being on the 16 61,i 20 i and the last publication being on the 3 "1 f 1(V40_, 20_11 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michae Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5. 2012 Subscribed in my presence and sworn to before me on this 3 day of hael ensen, Pub 'sher. Notary Sig ure rage b or 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 $2,419.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COSTS Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed FTP Update Total $2,419.60 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 AFFIAN SAYETI- NAUGHT. State of Wyoming County of Natrona NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA ommtsstor. 2: a fires Jan 19, 2015 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS 700.00 992.00 143.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 D nette acci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R nk) My commission wires: 0®0397 This i strument was acknowledged before me on day of` aA, 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. Certificate of Sale Woods 11-00700 Page 7 of 7