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HomeMy WebLinkAbout9593966011019280 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000056 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 February 26, 2007, executed and delivered by Martha Zoe Hughes to The Bank of Star Valley and (b) that certain mortgage dated February 26, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 5, 2007, at Reception No. 927353 in Book 650 at Page 244 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 SEVENTEEN (17) OF STAR VALLEY RANCH PLAT 10, RECORDED MARCH 16, 1976 AT DOCUMENT NUMBER 476273, MAP NUMBER 199, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 256 Walnut Drive, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Academy Mortgage Corporation Assignment dated: March 9, 2007 Assignment recorded: March 13, 2007 Assignment recording information: at Reception No. 927560 in Book 651 at Page 158 Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: April 23, 2008 Assignment recorded: April 28, 2008 Assignment recording information: at Reception No. 938524 in Book 693 at Page 6 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 10, 2010 Assignment recorded: September 15, 2010 Assignment recording information: at Reception No. 955518 in Book 753 at Page 664 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. RECEIVED 5/24/2011 at 11:27 AM RECEIVING 959396 BOOK: 767 PAGE: 56 JEANNE WAC_ Certificate of Sale Hughes 10 -14618 Page 1 of 7 000057 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the April 28, 2011 issue of said newspaper and ending with the May 19, 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 May 24, 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 $174,732.97 "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 $2,683.36 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 May 24, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Hughes 10 -14618 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 24th day of May 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC STATE OF COUNTY OF 'r i WYOMING ,;il- My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print N- e: John Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 24th day of May 2011. K-17, Notary Public Certificate of Sale Hughes 10 -14618 Page 3 of 7 00 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000059 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 February 26, 2007 (the "Mortgage and recorded on March 5, 2007, at Reception No. 927353 in Book 650 at Page 244 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 Martha Zoe Hughes "Mortgagor(s) the named mortgagor(s), and The Bank of Star Valley is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Academy Mortgage Corporation Assignment dated: March 9, 2007 Assignment recorded: March 13, 2007 Assignment recording information: at Reception No. 927560 in Book 651 at Page 158 Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: April 23, 2008 Assignment recorded: April 28, 2008 Assignment recording information: at Reception No. 938524 in Book 693 at Page 6 Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 10, 2010 Assignment recorded: September 15, 2010 Assignment recording information: at Reception No. 955518 in Book 753 at Page 664 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: COSPkg Certificate of Sale Hughes 10 -14618 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000685803 CERTIFIED MAIL NO. FSN: 71969009843000693853 Martha Zoe Hughes 256 Walnut Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000685780 CERTIFIED MAIL NO. FSN: 71969009843000693860 Martha Zoe Hughes PO Box 1415 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000685773 CERTIFIED MAIL NO. FSN: 71969009843000693877 Occupant 256 Walnut Drive Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000685766 CERTIFIED MAIL NO. FSN: 71969009843000693884 USAA Federal Savings Bank 10750 McDermott Freeway San Antonio, TX 78288 -0558 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 14, 2011 and the date of the first publication of the notice of foreclosure sale was April 28, 2011. State of Wyoming County of Natrona /9 day of Stawiarski, LLC. My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Megan (Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2011 by Megan !hie as attorney of Castle Title (and Rank) CERTIFIED MAIL NO. N01: 71969009843000685797 CERTIFIED MAIL NO. FSN: 71969009843000693891 Martha Zoe Hughes 13570 W Annabrook Dr Boise, ID 83713 -1378 CERTIFIED MAIL NO. NOI: 71969009843000685810 CERTIFIED MAIL NO. FSN: 71969009843000693907 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 70102780000105768071 CERTIFIED MAIL NO. FSN: 71969009843000693914 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 I Lid/frit.) FO:pr li,AL (Sign tur 2r of not6 DIAHANN FRANKLIN COUNTY OF WYOMING RNA Commission 16 2014 000060 Certificate of Sale Hughes 10 -14618 Page 5 of 7 RE S LE NOTICE L aymen of principal and interest has oc- nndei the.kterms o a r?missory ote`(the' "Note dated February 0(17, exe an de vend b a oe, uglies ("Mortgagor(s)") to The Bank of Star Valley, and asrealestate mortgage (the "Mortgage of the same dat s ecu� gtbe t No te which lY ortgage,.was executed and delivered bye sal ortgagoi"(s) to said Mortgagee; and which Mortgage was recorded o M h 5, 20(17 at 6 4 Itou N o 927353 in Book 650'' at Fag e 24 in reco tis o f ev ofptc�e t County Clerk acid ex officio Register `o ff T ee s i S and or Lir coin County State of W yoming and value as`follows: exit 0: exy o eing in ct °,k Assignee: s signme ssig fll at Page¢ Assignee ort e Elecl 'Assignment dat o' April 23, Assignment recorder: Apiril'. Assignment recording 1nforr 693 at Page 6, a Assignee: iBAC Assignment dated ,S �.Assigiment rec Assignmentrecor, 753 at °gage �s a„. etecor ,arid for Lincoln WHEREAS. t of said def tilt, suit or;proee by the Mortga been institute WHEREAS, Writ advertisement and p ,arty in possession to y the `commenc Mortgage, on e! total ;sum of balance of $l 5 lication ofr costs expen� first publication`o WHEREAS 'l other liens and end Any prospective `pi submitting a bid;;;,, NO' gagee,, wilt ha me nortgaged;p. S`Zleriff i an T at` 1`0:00 oA cl tl Lincoln, secured by the follows, to, wits: LOT SE`s RECORDED' MAP NUM; COUNTY wit an a i o'gether appurtenances'the KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT lion No. 927560�'in Book �n'NO 938524 in Book ecep No 955518 in Book ister "`of Deeds airs a power ^of sate which by reason ares to have become operative and no tied at lad to'rrecover the debt s ecured assany such suit orproceeding M eclose the ortgage by the record owner and "the es at least ten (10) days prior d the amount cluup e on the sal s no fce,of e being the o ;lie unpaid,pnncipal ate "Of the, first pub- us attorn eys fees, es after the date of ein F fore lo may i .be subject to nor ;fie extinguished at the sale. the""status'of rtitlebefore as tti Mort by c ausing or�D er for cash; nt door of einme *er, cribed amounts escribed as EN` (17)' OF STAR VALLEY, RANCH PLAT 10, CH L:6; 1976 AT.DOCUMENT NUMBER 476273, J THE OFFICE OF THE CLERK, LINCOLN 56 Walnut' Drive, Star Valley Ranch, WY 83127. i provements, thereon situate and all fixtures and reto. Home Loans'Servicing, "LP. By: Castle Stawiarski, LLC 330,,S.,Walsh Drive, Ste. 202 Casper, W(82609 0000 (307) 333 5.379 1 "fi g 2) 0428A EXHIBIT B 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 11 and the last publication being on the 19 day of LAt l t 201E and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Michael n, 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 11 day of hael Jensen, Pubis Notary Sig A.D., 20 i% uertiticate of Saie Hughes 10 -14618 Page 6 of 7 000061 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 Conduct Sale Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriffs Sale Fee Sheriffs Deed Fee FTP Update x 2 PUB COST FSN State of Wyoming County of Natrona /9 day of Stawiarski, LLC. EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan 'hie, 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 $2,683.36 as compensation for services actually rendered in the foreclosure proceeding. Total $2,683.36 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 SFYETH NAUGHT. Title (and 'Rank) My commission expires: J` COSPkg 6,,u( -Ay: Mega !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle DIAHANN FRANKLIN STATE OF WYOMING COUNTY OF NATRONA 15 2014 600.00 667.00 132.96 8.00 510.60 50.00 26.00 11.00 11.00 10.00 10.00 150.00 496.80 Certificate of Sale Hughes 10 -14618 Page 7of7 0000C2