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HomeMy WebLinkAbout9594726011188._ COSPkg CERTIFICATE OF SALE STATE OF WYOMING SS oo0356 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 November 22, 2006, executed and delivered by James Cort Watkins and Melissa K. Watkins to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole and (b) that certain mortgage dated November 22, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 28, 2006, at Reception No. 924821 in Book 641 at Page 394 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 NUMBER ONE (1) OF THE TRAIL RIDGE SUBDIVISION ACCORDING TO PLAT NUMBER 225 -F, DOCUMENT NUMBER 894618, RECORDING OCTOBER 10, 2003, IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 761 Buffalo Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass Through Trust 2006 -21, Mortgage Pass Through Certificates, Series 2006 -21 Assignment dated: April 14, 2010 Assignment recorded: April 19, 2010 Assignment recording information: at Reception No. 952989 in Book 745 at Page 660 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, The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass Through Trust 2006 -21, Mortgage Pass Through Certificates, Series 2006 -21 "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. Certificate of Sale RECEIVED 5/31/2011 at 11:12 AM Watkins 10 1 of Page 1 of 7 RECEIVING 959472 BOOK: 767 PAGE: 356 JEANNE WAGNER I INCOLN COUNTY CLERK. KEMMERER. WY 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 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 $704,207.96 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass Through Trust 2006 -21, Mortgage Pass Through Certificates, Series 2006 -21 "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 $6,786.05 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: Print Name: Title: Micah Rigby Deputy Sheriff 00035'7 Certificate of Sale Watkins 10 -06061 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Co6nmission E ires: 1 3 -DO COSPkg 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. Witness my hand and officia seal. ILt 1, 000358 C--11 COCA -eel -hi C,kelL. Certificate of Sale Watkins 10 -06061 Page3of7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 November 22, 2006 (the "Mortgage and recorded on November 28, 2006, at Reception No. 924821 in Book 641 at Page 394 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 James Cort Watkins and Melissa K. Watkins "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: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass Through Trust 2006 -21, Mortgage Pass Through Certificates, Series 2006 -21 Assignment dated: April 14, 2010 Assignment recorded: April 19, 2010 Assignment recording information: at Reception No. 952989 in Book 745 at Page 660 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. N01: 71969009843000688514 CERTIFIED MAIL NO. FSN: 71969009843000698315 Janes Cort Watkins 761 Buffalo Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000688477 CERTIFIED MAIL NO. FSN: 71969009843000698322 James Cort Watkins 46 lion Horse Dr Ste B Alpine, WY 83128 -8101 CERTIFIED MAIL NO. N01: 71969009843000688446 CERTIFIED MAIL NO. FSN: 71969009843000698339 James Cort Watkins P.O. Box 3695 Alpine, WY 83128 COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000688491 CERTIFIED MAIL NO. FSN: 71969009843000698353 Melissa K. Watkins 761 Buffalo Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000688460 CERTIFIED MAIL NO. FSN: 71969009843000698360 Melissa K. Watkins 46 Iron Horse Dr Ste B Alpine, WY 83128 -8101 CERTIFIED MAIL NO. N01: 71969009843000688439 CERTIFIED MAIL NO. FSN: 71969009843000698377 Melissa K. Watkins P.O. Box 3695 Alpine, WY 83128 000359 Certificate of Sale Watkins 10 -06061 Page 4 of 7 CERTIFIED MAIL NO. NOI: 70102780000105768170 CERTIFIED MAIL NO. FSN:70101870000102320734 The Bank of New York Mellon FICA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass Through Trust 2006 -21, Mortgage Pass Through Certificates, Series 2006 -21 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000688385 CERTIFIED MAIL NO. FSN: 71969009843000698346 Bank of Jackson Hole P.O. Box 7000 Jackson, WY 83002 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 18, 2011 and the date of the first publication of the notice of foreclosure sale was May 5, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on day of th 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commisalan Ex Iros Jan 18 2016 My commission expires: /r 9,_/Y COSPkg FURTHER AFFIANT SAYETH NAUGHT. CERTIFIED MAIL NO. NOI: 71969009843000688408 CERTIFIED MAIL NO. FSN: 71969009843000698384 Occupant 761 Buffalo Drive Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000688378 CERTIFIED MAIL NO. FSN: 71969009843000698391 Melissa K. Watkins P.O. Box 5315 Etna, WY 83118 By: atricia An,1e Michitsc Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and 1 000360 Certificate of Sale Watkins 10 -06061 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming curre Watkins( "Mort agor(s) to Mortgage E ect bnic Registration Systems, Inc., as nominee for -Bank of Jackson Hole 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,ohNovember 28 2006, at Reception No. 924821 in ;Book :641= at Page 394, in the records of, the office of the County. Clerk andex- officio Regtster� of< Deeds Pin and for Lincoln County, State of Wyomin acid' 1: HE WREAS, the mortgage was assigned for, value as.follows:. Assignee: The Bank of; New :York :Mellon<FKA. The. Bank of New York, as Trustee.for:the Certificateholders; CWIVMBS, Inc.; CHL Mort- gage Pass, Through:Trust 2006-21, Mortgage Pass Through Series 2006-21 Assignment dated: April! 14,; 201! Assignment recorded: Ap Assignment recording information:: at+ Reception No. 952989 in Book 745 at Page 660 All in the records of the CountYClerk 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.iinstituted to recover the debt secured by theMortgage, 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 ,>beehservectupontheorecord owner and the party in possession., of the mortgagedPrevaises At least ten (10) days prior to the commencement of .this, publication, and.the amount: due upon the Mortgage on the date. of�firstpublication 'of this notice of sale being the total sum of.$ 701,897.66, =which sum consists of the unpaid principal balance'of i$630,658.41;'pluslinterest' accrued to the date of the first pub- lication of this notice in the amount of $71239.25, plus attorneys', fees, costs expen and accruing*rinterestaand late „charges the date of firstpublicatio of this' notice of sale,,' WHEREAS, The property being, foreclosed upon may be subject to other liens °land; encumbrances that will= not be extinguished at the sale. Any prospective purchaser should research' the status of title before submitting a =bid i I NOW, THEREFORE The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders =CWMBS,,Inc., CHL Mort- gage Pass-Through Trust 2006 Mortgage=Pass- Through Certificates, Series 2006 -24 as the ='Mortgagee, wzlhhave the Mortgage foreclosed as by 'law providedabycausingnthemortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lmcoln County, Wyo- ming to thethighest bidder for.cash,at ,10 00 o'clock in theforenoon on May 3 1, 2011 at the front door cif the, Lincoln, County. Courthouse located at 925 SageAvexlue, Kemmerer, !WY,GLincoln. County =for application on the above-described, secured hby the. Mortgage, said mortgaged property being described; as follows, to wit LOT..NVMBERyONE (I)a F: THE TRAIL, RIDGE., SUBDIVISION ACCORDING TO. "PLAT 'NUMBER :225- F,'DOCUMENT :NUMBER 894618, RECORDING OCTOBER 410, 2003, IN THE.OFFICESOF THE CLERK, LINCOLN COUNTYWYOMING with an address of: 761 Buffalo I?xave, Alpine, WY 83128. Together With all improvements thereon situate and all fixtures and appurtenances thereto. .a The Sant of New York ;MelionFKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc.,,CHL Mortgage Pass- Through Trust '0 O 6-" 2 1 0. Moitgage'Pass-Through Certificates, Series 2006 -21 PUBLISH: May 5}, 12, 19, ,26i 20't est "Vhas�;oc member to are s and Melissa K. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609- 0000 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 4 consecutive issues /weeks; the first publication being on the 5 day of t-4 and the last publication being on the zl day of 20 11 ,20 tl and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michae en, Publisher R OSEMARY CAPELI E N NOTARY PUBLIC County of State of Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 2 day of -4NA. t U4.. A.D., 20 t fl el Jensen, Publish Notary Sign -1 re 000361 .acne i 1 U Page 6 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 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 $6,786.05 as compensation for services actually rendered in the foreclosure proceeding. Total 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 AFFIy4NT"SA ,TH NAUGHT. B'y: Patricia Ann ichitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee record AOM Publication Cost 2010 FTP Tax Update Fee x5 Publication Cost NOPP 2010 Publication Cost NOPP2 2010 Publication Cost NOPP(3 /4) Publication Cost NOPP(5 /6) PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Deed NOTARY PUBLIC NANCY KEENER STATE OF VVYOMING 1/4) COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 My commission expires: COSPkg 4 -7) EXHIBIT C AFFIDAVIT OF ATTORNEY This instrument was acknowledged before me on day of h, 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC SS (Signature Of notarial officer) Title (and a 1k) 875.00 1,678.00 618.80 11.00 496.80 650.00 207.00 300.15 610.65 734.85 496.80 50.00 26.00 11.00 20.00 $6,786.05 Certificate of Sale Watkins 10 -06061 Page 7 of 7 000362