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HomeMy WebLinkAbout9593996011119872 STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 March 28, 2007, executed and delivered by Justin P Wilhite and Ashlee Wilhite to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns and (b) that certain mortgage dated March 28, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 2, 2007, at Reception No. 928087 in Book 653 at Page 212 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 63 OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MARCH 3, 1971 AS INSTRUMENT NO. 428885 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 240 Chokecherry Dr, Thayne, WY 83127 -9004 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: March 30, 2011 Assignment recorded: April 12, 2011 Assignment recording information: at Reception No. 958865 in Book 765 at Page 289 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 Loan Servicing, L.P. fka Countrywide Home Loan 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. RECEIVED 5/24/2011 at 11:34 AM RECEIVING 959399 BOOK: 767 PAGE: 77 JEANNE WAGNFR LINCOLN COUNTY CLE, ._MMERER, WY Certificate of Sale Wilhite 11 -03693 Page 1 of 7 000077 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 $427,570.53 "Bid Sum which was bid and offered by BAC Home Loan Servicing, L.P. fka Countrywide Home Loan 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 $2,566.76 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 24th day of May 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print N Title: Deputy Sheriff John Stetzenbach 000078 Certificate of Sale Wilhite 11 -03693 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN 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. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE Or LINCOLN .t(f:.J WYOMING My Commission Expires 000079 ^1 Notary Public Certificate of Sale Wilhite 11 -03693 Page3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A 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 March 28, 2007 (the "Mortgage and recorded on April 2, 2007, at Reception No. 928087 in Book 653 at Page 212 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 Justin P Wilhite and Ashlee Wilhite "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: March 30, 2011 Assignment recorded: April 12, 2011 Assignment recording information: at Reception No. 958865 in Book 765 at Page 289 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: 71969009843000686930 CERTIFIED MAIL NO. NOI: 71969009843000686923 CERTIFIED MAIL NO. FSN: 71969009843000694058 CERTIFIED MAIL NO. FSN: 71969009843000694096 Justin Wilhite Justin Wilhite 240 Chokecherry Dr PO Box 280 Thayne, WY 83127 -9004 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000686916 CERTIFIED MAIL NO. FSN: 71969009843000694065 Ashlee Wilhite 240 Chokecherry Dr Thayne, WY 83127 -9004 CERTIFIED MAIL NO. NOI: 70102780000105768026 CERTIFIED MAIL NO. FSN: 71969009843000694072 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 COSPkg CERTIFIED MAIL NO. N01: 70102780000105768019 CERTIFIED MAIL NO. FSN: 70101870000102331013 BAC Home Loan Servicing, L.P fka Countrywide Home Loan Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000686909 CERTIFIED MAIL NO. FSN: 71969009843000694102 Countrywide Bank, fsb PO Box 10423 Van Nuys, CA 91410 -0423 Certificate of Sale Wilhite 11 -03693 Page 4 of 7 000080 CERTIFIED MAIL NO. NOI: 71969009843000686893 CERTIFIED MAIL NO. FSN: 71969009843000694089 Occupant 240 Chokecherry Dr Thayne, WY 83127 -9004 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 15, 2011 and the date of the first publication of the notice of foreclosure sale was April 28, 2011. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: -/f By: Mega? !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on /9 day of /17nLy 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) 'W Title (an Rank) SIM Of 111 omission Expires Mar 15 2014 000031. Certificate of Sale Wilhite 11 -03693 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under =the terms of a promissory note (the "Note dated March 28, 2007, executed and delivered by Justin P Wilhite and Ashlee Wilhite "Mortgagor(s) to Mortgage. Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender its successors and assigns, and a real estate mortgage (the "Mortgage") of the same date securing the Note, which Mortgage was executed, and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage, was recorded on April 2, 2007, at Reception,No. 928087 in Book 653 at Page 212 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: March 30, 2011 Assignment recorded: April 12 2011 Assignment recording information: at Reception No. 958865 in Book 765 at Page, 289 All in the records of the County, Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any, such suit or proceeding been instituted,and the same discontinued; and WHEREAS, written ,notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the moFtgaged premises at least ten (10) days prior to the commencement';of this publication, and the amount due upon the Mortgage. on the date,ofsfirst publication of this notice of sale being the total sum of $424,274.35 which, sum consists of the unpaid principal balance of $412,000.00 plus interest accruedto the date of the first'pub- lication of this notice in the amount of $12,274 35,,plus attorneys' fees, costs expended, and accruing interest and late charges after the date first publication of this notice of sale WHEREAS, The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE BAC HomelLoan Servicing, L.P. fka Conn wide Home Loan Servicing, L.P., as' Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold, at public venue by the Sheriff or Deputy Sheriff in and for Liao,*,; County, Wyoming to the highest bidder for cash at 10:0(/ o'clock ii e.- forenoon on May 24, 2011 at the front door of the Lincoln 'County Count=', house located at 925 Sage. Avenue, Kemmerer, WY, Lincoln County, for application on the above described amounts secured by the Mortg said mortgaged property being described as followvs to wit LOT 63 OF STAR VALLEY RANCH PLAT 3, LINCOLN' COUti'T'Y, WYOMING AS ON THE OFFICIAL PLAT.FILEDNO MARCH 3, 1971 AS INSTRUMENTNW428885 THE RECOF OF THE LINCOLN "COUNTY CLERK. with an address of 240 Chokecherry Dr u Thayne WY 83127 -9004. Together with all improvements thereon 'situate and all fixtures and appurtenances thereto. BAC` Home Loan Servicing, L.l? fka Countrywide Home Loan Servicing, L.P. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 PUBLISH: April 29, May 5, 12, 19, 2011 (11- 03693) 04280, EXHIBIT B PUBLISHER'S AFFIDAVIT (307) 333 5379 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 26 day of Notary Si Michael J KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN and the last publication being on the ill day of I Y I Q At 20_j__; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of i t. State of Lincoln Wyomif$ My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this I9 day of i,eriiiicaic or zute Wilhite 11 -03693 Page 6 of 7 0000132 STATE OF WYOMING COUNTY OF NATRONA Megan lhle, 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 $2,566.76 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed FTP Update Total $2,566.76 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 SAY E H NAUGHT. State of Wyoming County of Natrona My commission expires: /s /c/ COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY 000883 y: Megan rhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 v3t This instrument was acknowledged before me on /7 day of //70,�� 2011 by Megan 'hie as attorney of Castle Stawiarski, LLC. (Signature of no ri 1 officer) Title (and Rank) SS MAHANN FRANKLIN STATE OF WYOMING COUNTY OF NATRONA 1 4 600.00 1,266.00 77.56 11.00 469.20 50.00 26.00 11.00 11.00 10.00 10.00 25.00 Certificate of Sale Wilhite 11 -03693 Page 7 of 7