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HomeMy WebLinkAbout95907260111198D3 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 January 6, 2010, executed and delivered by Megan R. O'Rourke to Wells Fargo Bank, N.A. and (b) that certain mortgage dated January 6, 2010 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 12, 2010, at Reception No. 952164 in Book 742 at Page 503 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: 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, Wells Fargo Bank, NA "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 31, 2011 issue of said newspaper and ending with the April 21, 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 COSPkg CERTIFICATE OF SALE SS Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 4/26/2011 at 11:37 AM RECEIVING 959072 BOOK: 765 PAGE: 876 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000876 LOT FORTY -EIGHT (48), OF THE STAR VALLEY RANCH SUBDIVISION, PLAT NO. TWO (2) IN THAYNE, LINCOLN COUNTY, WYOMING, AS SURVEYED, PLATTED AND RECORDED, AUGUST 5, 1970, ON DOCUMENT NO. 424555 IN THE OFFICE OF THE COUNTY CLERK AND EX- OFFICIO REGISTER OF DEEDS with an address of 551 Aspen Way, Star Valley Ranch, WY 83127 Certificate of Sale O'Rourke 11 -03854 Page 1 of 7 000897 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 26, 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 $248,698.72 "Bid Sum which was bid and offered by Wells Fargo Bank, NA "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 $2,037.80 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 April 26, 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 26th day of April 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: G'r4.. Pri t ame: jail A Title: Deputy Sheriff Certificate of Sale O'Rourke 11 -03854 Page 2 of 7 'f2 c C STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in y presence and acknowledged before me by S'P6eti,,4eic Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of April 2011. My Commission Expires: COSPkg Witness my hand and official seal. ACKNOWLEDGMENT SS SAVANNA L. H.AWKES NOTARY PUBLIC COUNTY OF r "7 i STATE OF WYOMING t LINCOLN ,i`s My Commission Expires 11 000878 \I 0 N Notary Public Certificate of Sale O'Rourke 11 -03854 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 January 6, 2010 (the "Mortgage and recorded on February 12, 2010, at Reception No. 952164 in Book 742 at Page 503 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 Megan R. O'Rourke "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. 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: 71969009843000665249 CERTIFIED MAIL NO. FSN: 71969009843000671455 Megan R O'Rourke 551 Aspen Way Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000665225 CERTIFIED MAIL NO. FSN: 71969009843000671479 Occupant 551 Aspen Way Star Valley Ranch, WY 83127 C E RT I F I E D MA I L N O. N O I: 71969009843000665218 CERTIFIED MAIL NO. FSN: 71969009843000671493 Megan R O'Rourke 322 Hayyard Lane Foster City, CA 94404 CERTIFIED MAIL NO. NOI: 71969009843000665201 CERTIFIED MAIL NO. FSN: 71969009843000671516 Wells Fargo Bank, N.A. 101 North Phillips Avenue Sioux Falls, SD 57104 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000665232 CERTIFIED MAIL NO. FSN: 71969009843000671530 Megan R O'Rourke 46 Iron Horse Dr Suite B Alpine, WY 83128 CERTIFIED MAIL NO. N01: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Bank, NA 3476 Stateview Blvd Fort Mill, SC 29715 CERTIFIED MAIL NO. NOI: 70101870000102236424 CERTIFIED MAIL NO. FSN:70101870000102235427 State of Wyoming Department of Employment Unemployment Tax Division 100 West Midwest Ave PO Box 2760 Casper, WY 82602 CERTIFIED MAIL NO. NOI: 71969009843000665195 CERTIFIED MAIL NO. FSN: 71969009843000671547 Wells Fargo Bank, N.A. PO Box 11701 Newark, NJ 07101 -4701 000879 Certificate of Sale O'Rourke 11 -03854 Page 4 of 7 0008S0 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 14, 2011 and the date of the first publication of the notice of foreclosure sale was March 31, 2011. State of Wyoming County of Natrona a S day of Stawiarski, LLC. NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA Commission Ex fires Jan 19, 2015 ti My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on f 2011 by Megan Ihle as attorney of Castle 4/1 1 LLE-e y: MegarI1hle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Sign ��o �n�otarial Title (and Rank) Certificate of Sale O'Rourke 11 -03854 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming G w FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- entredluntler the has oc- curredunder the Berms: of a promissory note (the "Note dated.January 6, 2010 'executed and delivered byMeganR. O'Rourke "Mortgagor(s) to Wells. Fargo Bank, N,A.;'and,a'real estate mortgage (the "Mortgage') of the same date securing the Note,' which Mortgage was executed and delivered by said Mortgagors), to saidMortgagee; and which Mortgage was recorded on February 12, 2010; at Reception No. 952164 in Book 742 at Page 503 in therecords of the office of the CountyClerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS,: the Mortgage contains a power of sale which by reason of saidadefault,'tle Mortgagee declares to have become operative, and no suitor proceeding hasbeen instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted: laid the saine,discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage ,by advertisement and salekhas beenvserrved upon the record owner and the party in possession of the: mortgaged premises at least ten (40) days prior to the commencement;' of; this publication, and the' amount due upon the Mortgage on the, date of first of this notice of sale being the total sum of $244,449.02 which 'Wm consists of the unpaid principal` balance of ,$240;999.53 plus interest accrued to the date of the first pub licationrof'this notice in the amount of::$3,44949, phis` attorneys' fees,; costs expended," and accruing' interest and late cha'rge`s' after the date :of' first publication ',of this'notice of `sale,` WHEREAS, The property`being foreclosed upon may be subject to other liens,and‘enclmibrances that will' net be extinguished' at the sale. Any prospective purchaser should research 'the status of title before submitting a bid; 'NOW THEREFORE Wells Fargo Bank, NA, as the Mortgagee, will have the Mortgage'foreclosed as by law provided by causing the mortgaged property to be old at public venue by the Sheriff `or` Deputy Sheriff in and Lincoln County, Wyoming to the highest bidder for cash at 1'0:00 o'clock in the forenoon;on April26 '2011 at the front door'of the Lincoln County Courthouse at 925" Sage Avenue,'Keminerer; WY, Lincoln County, for application on the 'above described amounts secured by' Mortgage, said mortgaged' property being'" "described as follows, to -wit: 'LOT FORTY-EIGHT '(48). OFTHE STAR VALLEY'RANCH SUB- DIVISTION, PLAT NO. TWO (2) IN THAYNE, LINCOLN COUNTY,' WYOMING, AS S'URV'EYED; PLATTED AND RECORDED, AUGUST 5, 1970, ON DOCUMENT 'NO: 424'555 'IN THE OFFICE OF THE COUNTY CLERK AND EX- OFFICIO REGISTER OF DEEDS with'an address of "551 Aspen Way,' Star Valley Ranch, WY' 83127. Together with all improvements thereon situate and all" fixtures and appurtenances thereto. Wells Fargo Bank, NA' By: Castle•Stawiarski, LLC 330 S. Walsh Drive, Ste: 202 Casper, WY 82609=0000 (307) 333'5379' PUBLISH: Martth l l'•; i117, '14. 1.20111 W 03854) 0334A EXHIBIT B 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 :31 day of `-h Y1()JU J'1) 20 I 1 and the last publication being on the .1 day of OVIA and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Je Publisher w.. KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN R OSEMARY CAPELLEN NOTARY PUBLIC County of a State of Lincoln. Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this o 1 day of Ct Q hAt 1 A.D., 20 Ht haelJensen, P „]�jer. ic Ardi) Claim. Notary Pi natu 000881 O'Rourke 11 -03854 Page 6 of 7 STATE OF V W C MING COUNTY OF NATR'Oi A EXHIBITC• AFFIDAVIT OF ATTORNEY S 000882 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 $2,037.80 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN FTP Update Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Total 600.00 845.00 91.00 358.80 25.00 50.00 26.00 11.00 11.00 10.00 10.00 $2,037.80 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 S YETH NAUGHT. State of Wyoming County of Natrona t M day of Stawiarski, LLC. COSPkg NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA My Commission Ex ire Jan 19, 2015 My commission expires: By: Mega Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on n L 2011 by Megan Ihle as attorney of Castle (Signat _o Title (and Rank) 1G 15 notarial officer) Certificate of Sale O'Rourke 11 -03854 Page 7 of 7