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HomeMy WebLinkAbout9594716011019316 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 000349 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 June 20, 2008, executed and delivered by Jason R. Bohm to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole and (b) that certain mortgage dated June 20, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 23, 2008, at Reception No. 940025 in Book 698 at Page 204 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 14 OF AMENDED FINAL PLAT PLEASANT ESTATES ADDITION TO THE TOWN OF LEBARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER 8, 2007 AS INSTRUMENT NO. 934728 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 959 Gales Way, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 16, 2010 Assignment recorded: September 21, 2010 Assignment recording information: at Reception No. 955622 in Book 754 at Page 51 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 Certificate of Sale RECEIVED 5/31/2011 at 11:09 AM Bohm 10 15548 Page 1 of 7 RECEIVING 959471 BOOK: 767 PAGE: 349 JEANNE V1 R mirni nI rni INTV et FRI( KFMMFRFR WY having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the May 5, 2011 issue of said newspaper and ending with the May 26, 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 31, 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 $210,179.72 "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 $2,510.28 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 31, 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 31st day of May 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 4,0 Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Bohm 10 -15548 Page2of7 STATE OF COUNTY OF WYOMING LINCOLN My Commission Exires: COSPkg Witness my hand and o ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 31St day of May 2011. 000351 Certificate of Sale Bohm 10 -15548 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA Patricia Anne Michitsch 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 June 20, 2008 (the "Mortgage and recorded on June 23, 2008, at Reception No. 940025 in Book 698 at Page 204 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 Jason R. Bohm "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: September 16, 2010 Assignment recorded: September 21, 2010 Assignment recording information: at Reception No. 955622 in Book 754 at Page 51 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: 71969009843000693846 CERTIFIED MAIL NO. FSN: 71969009843000698483 Jason R. Bohm 959 Gales Way LaBarge, WY 83123 CERTIFIED MAIL NO. NOI: 71969009843000693822 CERTIFIED MAIL NO. NOI: 71969009843000693815 CERTIFIED MAIL NO. FSN: 71969009843000698490 CERTIFIED MAIL NO. FSN: 71969009843000698520 BAC Home Loans Servicing, L.P. Bank of Jackson Hole 400 Countrywide Way, SV 35, P.O. Box 700 P.O. Box 10232 Jackson, WY 83020 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 70102780000105768484 CERTIFIED MAIL NO. NOI: 71969009843000693808 CERTIFIED MAIL NO. FSN: 71969009843000698506 CERTIFIED MAIL NO. FSN: 71969009843000698537 Mortgage Electronic Registration Systems, Inc, Occupant 1901 E. Voorhees Street, Suite C 959 Gales Way Danville, IL 61834 LaBarge, WY 83123 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS CERTIFIED MAIL NO. NOI: 71969009843000693839 CERTIFIED MAIL NO. FSN: 71969009843000698513 Jason R. Bohm PO Box 198 La Barge, WY 83123 000352 Certificate of Sale Bohm 10 -15548 Page 4 of 7 000353 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 21, 2011 and the date of the first publication of the notice of foreclosure sale was May 5, 2011. State of Wyoming County of Natrona LD day of tn Castle Stawiarski, LL NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA ammlaalon Ex Ire Jan 19 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. ,S'y: Patricia An Michitschi Castle Stawiar i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2011 by Patricia Anne Michitsch as attorney of (Signature of notarial officer) Title (and an� Certificate of Sale Bohm 10 -15548 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING 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 I consecutive issues /weeks; the first publication being on the 5 day of t--4\A f'1. 20 and the last publication 'i r bliication being on the 2 day of L lat 20 t„‘ and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael ROSEMARY CAPELLEN NOTMY PUBLIC County of i i', State of Lincoln Wyomli My Commission Expires may3, 2012 Subscribed in my presence and sworn to before me on this 26 day of A.D., 20 t by NI: Jensen, Publish 0 otary Signa 000354 STATE OF WYOMING COUNTY OF NATRONA Patricia Anne Michitsch, 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 $2,510.28 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 FTP Datedown PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed Total $2,510.28 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 AFFIAN? S MT NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on A day of Vn 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19 2015 My commission expires: COSPkg 1 9,i c EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 757.00 119.08 8.00 441.60 25.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 (Signature of notarial officer) Title nd Rdn (0u355 e6/' By(Patricia An Michitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Bohm 10 -15548 Page 7 of 7