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HomeMy WebLinkAbout9586576011119737 STATE OF WYOMING SS 000570 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 April 17, 2009, executed and delivered by Jay C. Romine II and Savana Romine to Citicorp Trust Bank, fsb and (b) that certain mortgage dated April 17, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 27, 2009, at Reception No. 946778 in Book 721 at Page 496 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 CERTIFICATE OF SALE BEGINNING AT A POINT WHICH IS 16 RODS WEST OF THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 32 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING; AND RUNNING THENCE SOUTH 10 RODS; THENCE WEST 32 RODS; THENCE NORTH 10 RODS; THENCE EAST 32 RODS TO THE POINT OF BEGINNING. with an address of 105 Meadow Lane, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, CitiCorp Trust Bank, fsb "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 March 3, 2011 issue of said newspaper and ending with the March 24, 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 RECEIVED 3/29/2011 at 4:42 PM RECEIVING 958657 BOOK: 764 PAGE: 570 JEANNE WAGNER Certificate of Sale Romine 10 -26703 Page 1 of 7 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 29, 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 $98,020.27 "Bid Sum which was bid and offered by CitiCorp Trust Bank, fsb "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 $2,170.30 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 29, 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 29th day of March 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Deputy Sheriff Title: 000571 Certificate of Sale Romine 10 -26703 Page 2 of 7 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 29th day of March 2011. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L.11011S NOTARY PUBLIC COUNTY OF LINCOLN My Commission STATE OF s WYOMING oires 1 ACKNOWLEDGMENT SS lvlivvai. Notary Public 000572 41,40 Certificate of Sale Romine 10 -26703 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan lhle 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 April 17, 2009 (the "Mortgage and recorded on April 27, 2009, at Reception No. 946778 in Book 721 at Page 496 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 Jay C. Romine II and Savana Romine "Mortgagor(s) the named mortgagor(s), and Citicorp Trust Bank, fsb is the named mortgagee. 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: 71969009843000623157 CERTIFIED MAIL NO. FSN: 71969009843000634542 CERTIFIED MAIL NO. FSN2:7196900984300065776 Jay C. Romine II 105 Meadow Lane Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000623171 CERTIFIED MAIL NO. FSN: 71969009843000634566 CERTIFIED MAIL NO. FSN2:71969009843000655790 Savana Romine 105 Meadow Lane Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000623195 CERTIFIED MAIL NO. FSN: 71969009843000634580 CERTIFIED MAIL NO. FSN2:71969009843000655813 Occupant 105 Meadow Lane Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000623218 CERTIFIED MAIL NO. FSN: 71969009843000634603 CERTIFIED MAIL NO. FSN2:71969009843000655837 Lincoln County Treasurer PO Box 630 Kemmerer, WY 83101 COSPkg EXHIBIT A 000573 SS CERTIFIED MAIL NO. NOI: 71969009843000623164 CERTIFIED MAIL NO. FSN: 71969009843000634559 CERTIFIED MAIL NO. FSN2:71969009843000655783 Jay C. Romine II PO Box 1393 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000623188 CERTIFIED MAIL NO. FSN: 71969009843000634573 CERTIFIED MAIL NO. FSN2:71969009843000655806 Savana Romine PO Box 1393 Afton, WY 83110 CERTIFIED MAIL NO. N01: 71969009843000623201 CERTIFIED MAIL NO. FSN: 71969009843000634597 CERTIFIED MAIL NO. FSN2:71969009843000655820 CitiCorp Trust Bank, fsb 1000 Technology Drive, MS322 0 Fallon, MO 63368 -2240 Certificate of Sale Romine 10 -26703 Page 4 of 7 000574 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 18, 2011 and the date of the first publication of the notice of foreclosure sale was March 3, 2011. State of Wyoming County of Natrona NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. n airs I L y: MegartIhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Oii-h day of '(`(10 C' 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. eupv,_0 (Signature of nota& officer) NO kw Title (and Ra lk 1 1q `15 Certificate of Sale Romine 10 -26703 Page 5 of 7 4) 7 s1 7,06 tent t least ten .(i�0) he amount flue up Hof s b g the the a i4. cipal;;bal aterof tht~ rst pu s1i a us1_ attorn ey`s' fees cots �k v k A dl �;Pr 'Fit es afte ate -o st upon ma'y"ibe subject to tinguishedat, he sate. he` ;:status q tale` lief ore reason and no Gla sut o proce ose t(ie Mottgage by ortgagee will tk►e ottga,ged (tw;Slti ifFµin 9 xe !t ortgagor(s the; "Mortgage' w'a exe fey ands b X94 0 ance °q tion, °o expenc 1?1 an 0' CQi C6u Mo P1 hB 1 Mare KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming UbarKg PUBLISHER'S AFFIDAVIT as oc- the Note dated Ap 17, t►e.11 andSavaga,Roniine and a real estate mortgage the Note which Mortgage agor(s to said Mortgagee 3009 at Reception No ce gf the Count+ ^.r t d the S':prior. on the 4 307) 333 5379; :'2011 (10- 26703 -3) 0303H; EXHIBIT B KEMMERER, WYOMING Michael Jens Publisher ure 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 3 day of `-A'\(',J t't) 20 (I and the last publication being on the 24- day of L'ITI t t .ti'i)' 20 a, 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 County of t> State of Lincoln Wyoming My Commission Exoiras May 5. 2012 Subscribed in my presence and sworn to before me on this 7,4 day of Qyveh.o A.D., 20 i is 000575 erimcate OT Jaie Romine 10 -26703 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan Ihle, 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 $2,170.30 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Cost PUB COST FSN2 FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,170.30 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 SAYETH NAUGHT. State of Wyoming County of Natrona NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA Commission Ex fires Jan 19, 2015 s My commission expires: 0-t1 tit_JLP By: Megan!lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank -1 1 600.00 529.00 136.50 386.40 386.40 25.00 50.00 26.00 11.00 10.00 10.00 This instrument was acknowledged before me on (9 day of 1 )CAXC_vr1 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. DiC kYLQD (Sign of notariaLofficer) 1\10 Ca 'R AU C� 000576 Certificate of Sale Romine 10 -26703 Page 7 of 7