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CERTIFICATE OF SALE
STATE OF WYOMING
SS 000363
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 February 7, 2008, executed and delivered by
Kevin J. Dumas to Mortgage Electronic Registration Systems, Inc., as nominee
for Montana Mortgage Company, it's successors and assigns and (b) that certain
mortgage dated February 7, 2008 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on February 7, 2008, at Reception No. 936816 in Book 686 at
Page 202 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:
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LOTS 12 AND 13 OF BLOCK 5 OF THE AMENDED PLAT OF THE
TOWN OF OPAL, LINCOLN COUNTY, WYOMING AS
DESCRIBED ON THE OFFICIAL PLAT THEREOF
with an address of 161 Big Horn Street, Opal, WY 83124
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Wells Fargo Bank, N.A.
Assignment dated: March 17, 2011
Assignment recorded: April 7, 2011
Assignment recording information: at Reception No. 958810 in Book 765 at Page
123
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, N.A.
"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 May 5, 2011 issue of said
Certificate of Sale
Dumas 1t-05247
RECEIVED 5/31/2011 at 11:17 AM Page 1 of 7
RECEIVING 959473
BOOK: 767 PAGE: 363
JEANNE IER
1 iwlnnI ki rni IAdTV I'I RRK KFMIIAFRFR WY
OUV:s64
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
$44,065.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A.
"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 $1,822.90 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.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: 1
Print Name: Micah Rigby
Title: Deputy Sheriff
Certificate of Sale
Dumas 11 -05247
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
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.
My Commission Expires:
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3- .orsA
ACKNOWLEDGMENT
SS
Witness my hand and officia
000365
CO LA_ let+i,j a
Certificate of Sale
Dumas 11 -05247
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000366
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 February 7, 2008 (the "Mortgage and
recorded on February 7, 2008, at Reception No. 936816 in Book 686 at Page
202 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 Kevin J. Dumas
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Montana Mortgage Company, it's successors and
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Wells Fargo Bank, N.A.
Assignment dated: March 17, 2011
Assignment recorded: April 7, 2011
Assignment recording information: at Reception No. 958810 in Book 765 at Page
123
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: NOT SENT PER CLIENT
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT
Wells Fargo Bank, N.A.
3476 Stateview Blvd
Fort Mill, SC 29715*
CERTIFIED MAIL NO. NOI: 71969009843000694584
CERTIFIED MAIL NO. FSN: 71969009843000698834
Kevin J Dumas
161 Big Horn Street
Opal, WY 83124*
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CERTIFIED MAIL NO. NOI: 71969009843000694577
CERTIFIED MAIL NO. FSN: 71969009843000698841
Kevin J Dumas
106 County Rd
Evanston, WY 82930 -2550*
CERTIFIED MAIL NO. NOI: 71969009843000694591 CERTIFIED MAIL NO. NOI: 71969009843000694560
CERTIFIED MAIL NO. FSN:71969009843000698827 CERTIFIED MAIL NO. FSN: 71969009843000698858
OCCUPANT Kevin J Dumas
161 Big Horn Street PO Box 32
Opal, WY 83124* Opal, WY 83124 -0032*
CERTIFIED MAIL NO. NOI: 71969009843000694553
CERTIFIED MAIL NO. FSN: 71969009843000698865
Department of Veterans Affairs
155 Van Gordon Street
Denver, CO 80225*
Certificate of Sale
Dumas 11 -05247
Page 4 of 7
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 22, 2011 and the date of the first publication of the notice
of foreclosure sale was May 5, 2011.
State of Wyoming
County of Natrona
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex ices Jan 19 2015
ti
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
_1 9—is'
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a
y: Patricia A e Michitsc
Castle Stawia ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
oZ c' day of in 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Sign notarial officer)
Title (and R k)
000367
Certificate of Sale
Dumas 11 -05247
Page 5 of 7
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KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
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EXHIBIT B
KEMMERER, WYOMING
Micha sen, Publisher
Subscribed in my presence and sworn to
before me on this 2 (n day of
by Michael -nsen, Publi h
000368
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 consecutive issues /weeks;
the first publication being on the 5
day of LIY1 Out 20_11_,
and the last publication being on the 26
day of (a.,l 20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
R OSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 5, 2012
a.
6. I. I 0
otary Signire
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 $1,822.90 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 610.00
Statutory Notice Fee 55.90
PUB COST FSN 414.00
FTPDD 25.00
Conduct Sale 50.00
Record Cert of Sale 26.00
Record Sheriff's Deed 11.00
Record Special Warranty Deed 11.00
Sheriffs Fee Sale 10.00
Sheriffs Fee Deed 10.00
Total $1,822.90
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 AFF,IANT SAY�ETH NAUGHT
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
t day of hi 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
u
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex fires Jan 19 2015
My commission expires:
r /J
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
By: Patricia ne Michi sc
Castle Sta rski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Funk)
000369
Certificate of Sale
Dumas 11 -05247
Page 7 of 7