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HomeMy WebLinkAbout9587486011019L. re STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 27, 2005, executed and delivered by Sally L. Martin to Bank of Jackson Hole and (b) that certain mortgage dated July 27, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 5, 2005, at Reception No. 910615 in Book 593 at Page 415 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 52, NORDIC RANCHES DIVISION NO. 4, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT RECORDED AUGUST 9, 1994 IN THE OFFICE OF THE COUNTY CLERK AS INSTRUMENT NO. 787903, PLAT NO. 311 -C. with an address of 865 Saddle Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0 00014 Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: July 27, 2005 Assignment recorded: August 18, 2005 Assignment recording information: at Reception No. 911028 in Book 594 at Page 816 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: January 7, 2011 Assignment recorded: January 14, 2011 Assignment recording information: at Reception No. 957632 in Book 760 at Page 708 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 RECEIVED 4/5/2011 at 10:57 AM RECEIVING 958748 BOOK: 765 PAGE: 14 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Martin 10 -22738 Page 1 of 8 000015 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the February 3, 2011 issue of said newspaper and ending with the February 24, 2011 issue thereof and again once a week for five (5) consecutive weeks, commencing with the March 3, 2011 issue of said newspaper and ending with the March 31, 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 April 5, 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 $139,142.03 "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 $2,482.65 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 April 5, 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 5th day of April 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Y ►�►i Pr t ame: John Jackman Title: Deputy Sheriff Certificate of Sale Martin 10 -22738 Page 2of8 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT 000016 SS The foregoing instrument was subscribed in my presence and acknowledged before me by John Jackman Deputy Sheriff of Lincoln County, State of Wyoming, this 5th day of April 2011. Witness my hand and official seal. SAVANNA L. HAWKES NOTARY PUBLIC COUNTY OF LINCOLN ommi s G%P!i Notary Public STATE Or WYOMING Certificate of Sale Martin 10 -22738 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A 000017 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Megan Ihle 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 27, 2005 (the "Mortgage and recorded on August 5, 2005, at Reception No. 910615 in Book 593 at Page 415 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 Sally L. Martin "Mortgagor(s) the named mortgagor(s), and Bank of Jackson Hole is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: July 27, 2005 Assignment recorded: August 18, 2005 Assignment recording information: at Reception No. 911028 in Book 594 at Page 816 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: January 7, 2011 Assignment recorded: January 14, 2011 Assignment recording information: at Reception No. 957632 in Book 760 at Page 708 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: 71969009843000626592 CERTIFIED MAIL NO. FSN: 71969009843000634610 CERTIFIED MAIL NO. NOPP: 71969009843000656292 Sally L. Martin 865 Saddle Drive Etna, WY 83118 CERTIFIED MAIL NO. NO1: 71969009843000626615 CERTIFIED MAIL NO. FSN: 71969009843000634634 CERTIFIED MAIL NO. NOPP: 71969009843000656308 BAC Horne Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000626608 CERTIFIED MAIL NO. FSN: 71969009843000634627 CERTIFIED MAIL NO. NOPP: 71969009843000656322 Sally L. Martin PO Box 3162 Alpine, WY 83128 -0162 CERTIFIED MAIL NO. NOI: 71969009843000626622 CERTIFIED MAIL NO. FSN: 71969009843000634641 CERTIFIED MAIL NO. NOPP: 71969009843000656339 Occupant 865 Saddle Drive Etna, WY 83118 Certificate of Sale Martin 10 -22738 Page 4of8 CERTIFIED MAIL NO. NOI: 71969009843000626639 CERTIFIED MAIL NO. FSN: 71969009843000634658 CERTIFIED MAIL NO. NOPP: 71969009843000656315 Sally L. Martin PO Box 3399 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 20, 2011 and the date of the first publication of the notice of foreclosure sale was February 3, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 day of hi au't4 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Comnnlselon Ex frets Jan 19 2015 ti 11 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Megar(Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial o ffi e 000018 Certificate of Sale Martin 10 -22738 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming gq otness`atne cuted and de yered by octgag ivaseaorcied tod 93 at aae415, in -of cio gister meat to 6. sale. before'' ie Mort causing Deputy f� ,cash door'r „of lever, amou rib`ed as PUBLISHER'S AFFIDAVIT EXHIBIT B LI 11.A 1irtiti_i l� 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 day of 20 it and the last publication being on the 24 day of t �4!`G�-�/Mit 20J and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING Michael T�j� -n, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC County of DA, State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 24 day of iThttah A.D., 20 I Notar 000019 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ce o f the County C nCounty, S'tateoi Wy r' nB'oo'k 593 at`Page 415; ue b een duly assigned for val b Mork y Y r onic Registrati System Inc. PUBLISHER'S AFFIDAVIT erest h oc ted July 27, '00:441 i e `Mort was executed age was lerk and cto timin u,g'`u'st e subject to at the, sale. title before yoming StatutesSection above Mortgage; sched n; i Coun y C q ty S f orenoon on April ourthouse�located °al S t a te o f Wyomut oans Servicing, L.P astle Stawiarskl, LLC W alsh Drive, Ste 202 Cas WY „8 `0000 307 333 5 379 1, (10L.22738 0303E EXHIBIT 303E EXHIBIT B 000020 1, 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 '7 consecutive issues /weeks; the first publication being on the day of Y\(1.110 20 1I and the last publication being on the I day of ytJ 20 .iL; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 me on this 31 day of y Mich ael Jense Publis er. 1-tVISN OA )1) KEMMERER, WYOMING NotafvlSigna ure STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael J Publisher A.D., 20 11 rage I ui o STATE OF WYOMING COUNTY OF NATRONA 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 $2,482.65 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COSTS Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Costs FTP Update PUB COST NOPP EXHIBIT C 000021 AFFIDAVIT OF ATTORNEY SS 700.00 610.00 97.50 8.00 455.40 50.00 29.00 11.00 11.00 10.00 10.00 25.00 465.75 Total $2,482.65 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 $AYETH NAUGHT. State of Wyoming County of Natrona )t/Lt-e By: Megdn Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 day of r a.trod 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commissib ir I J 10 2016 My commission expires: 1-/9 if (Signature of notarial officer) Title (and ai Certificate of Sale Martin 10 -22738 Page 8 of 8