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HomeMy WebLinkAbout9594746011119b„-, STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000370 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 September 23, 2009, executed and delivered by Craig W Smith and Leanne Smith to Mortgage Electronic Registration Systems, Inc., as nominee for Mountain States Mortgage Centers Inc. its successors and assigns and (b) that certain mortgage dated September 23, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 8, 2009, at Reception No. 949946 in Book 733 at Page 491 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 9 OF AMENDED PLAT BRIDGER FOREST RANCHES, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON FEBRUARY 6, 1975 AS INSTRUMENT NO. 463684 (INCORRECTLY SHOWN ON MORTGAGE AS 462684) OF THE RECORDS OF THE LINCOLN CONTY CLERK. with an address of 239 Strawberry Lane, Bedford, WY 83112 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: April 6, 2011 Assignment recorded: April 13, 2011 Assignment recording information: at Reception No. 958879 in Book 765 at Page 360 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, GMAC Mortgage, LLC "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 11:21 AM Smith 11 -04210 Page 1 of 7 RECEIVING 959474 BOOK: 767 PAGE: 370 JEANNE WAGNER I INCOLN COUNTY CLERK. KEMMERER. WY 000371 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 $285,252.15 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "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 $2,257.86 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: Micah Rigby Title: Deputy Sheriff Certificate of Sale Smith 11 -04210 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Exp es: 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 offic seal. 000372 axtur Ct inc C' Coy,., ttzi C L Certificate of Sale Smith 11 -04210 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000373 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 September 23, 2009 (the "Mortgage and recorded on October 8, 2009, at Reception No. 949946 in Book 733 at Page 491 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 Craig W Smith and Leanne Smith "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Mountain States Mortgage Centers Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: April 6, 2011 Assignment recorded: April 13, 2011 Assignment recording information: at Reception No. 958879 in Book 765 at Page 360 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: 71969009843000692573 CERTIFIED MAIL NO. FSN: 71969009843000698759 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000692566 CERTIFIED MAIL NO. FSN: 71969009843000698766 OCCUPANT 239 Strawberry Lane Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000692559 CERTIFIED MAIL NO. FSN: 71969009843000698773 Craig W Smith 239 Strawberry Lane Bedford, WY 83112* COSPkg Certificate of Sale Smith 11 -04210 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000692542 CERTIFIED MAIL NO. FSN: 71969009843000698780 Craig W Smith PO Box 4242 Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000692535 CERTIFIED MAIL NO. FSN: 71969009843000698797 Leanne Smith 239 Strawberry Lane Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000692528 CERTIFIED MAIL NO. FSN: 71969009843000698810 Leanne Smith PO Box 4242 Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000692511 CERTIFIED MAIL NO. FSN: 71969009843000698803 Bank of Jackson Hole P.O. Box 7000 990 W. Broadway Jackson, WY 83002* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 20, 2011 and the date of the first publication of the notice of foreclosure sale was May 5, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of h1 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC �r NANCY KEENER lEr STATE OF WYOMING COUNTY OF NATRONA Commission Ex .Tres Jan 19 2015 My commission expires: 9 COSPkg By" Patricia A e Mich' s Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ra 000374 Certificate of Sale Smith 11 -04210 Page 5 of 7 FORECLOSURE SALE NOTICE WHEREAS default in the payment of principal and interest has oc curred under the tens of� promissory note.(the, "Note 23, ~200,9 e ecu and.deliverecd,by Craig W<Smit and Leanne Snuth Iulortgagor(s)'') to Mo tgag Registration Systems, In e., as nominee for,Mount in States Mortgage Centers Inc. its successors; and assigns, ,d a, eahestate;mortgage: (the' `,Mortgage of the same date seeuring the dote, which Mortgage was executed and delivered by said Mortgagor(s), 'ro satdxMortgagee ,and which Mortgage was recorded on October 8 2009 t at Reception No 949946in Book 733'at 'Page ,491�in the records o tie oflice,of the County Clerk acid ex officio Register of Deeds in,andkfor'tLinc©ln Co State of�Wyornipg, „and r' WHERE t ie m rtgage was as signed for val ue as follows: Assignee GMAC Mortgage ,LI.,C Assigmnent dated Apftll6, 20111 Assignment r April 1 3 201 Ass recordinginformation at Reception No. 958879 in Book :765, at Page 360 ll in there,cor r o f th e County Clerk and ex -officio Register o f Dee m and for Lincol Y County, Wyoming vs" IIEEREP.4i4he Mortgage- cRittatns a powe 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 debtlsecured by the'Mortgage, of any rpart thereof, nor has,any such =suit or been instituted and the sametdiscontinuea and WHEREAS, written notice Hof intent tooreclose, the Mortgage by advertisement andnsalerhas,.been served.uponrthe record owner and the party in .posses sion of the, mortgaged premises at least ten.(10) days prior to .the corntne, benaet}t of this ,publicatao; and the amount due upon the Mortgage on,tlte date of first publication of this notice ,of sale being. the total, sum of X27$148.54 ,which sum consists of the unpaid principal balance of $2,71,266 71 interest accrued \to the date of the first pub Iication `of ,this ,,notice. in�the amountof •71,8,7,.6;8, ,plus, attorneys',. fees, costs e end d� and aeerumg�interest and late charges', after the date of first publication of this'notice of ,sale, WHE AS,l Thetproperty Apipi fpreclosed u po n ,m a y be subject to other liens and encumbrances that be, extinguished at the sale. Any prospective purcha should,, res the status title before submitting a bid, N THT OtiE GMAC Mortgage, LLC as, the Mortgagee, will have the Mortgage foreclosdas e by lawpr vided by causing the mortgaged pr "operty to.be so venuby th e g e Sh or Deputy Sheriff:in" and -for Ltncoln�County Wyoiri ng to rthe hrghest bidder for cash at 10 00 o'clock in e forenoon on,May 31 201 at the front door of the Lincoln C C locat at 925 Sage ~Avenue, Kemmerer, WY, Lincoln County,forrapplicatr th e,above de amounts' secured :by the Mortg said.mortgagedtp ope> ty irig,desci bed as,follows to -wit: LOT ^9, OF AME DGEER.FOREST RANCHES, LINCOLN COUNTY W YOMING A,S DESCRIBED 'ON THE O1 tI- Clk1L L T E� U lM ORTGAGEAS;462684NOF 40368 yW� 4 COLN cONT CLERK. With an address 39 Strawberry. Lane Bedford,WY 83112. foget tier,w i tl all i situate and all fixtures, and G ortgage, LLC tsy; c astl e,Stawiarsli, LLC 330 "S Walsh Drive, Ste. 202 Casper, WY 82609 -0000 ,(307);;333 5379 PiJ13LISH: 5, 12, 19.26, 20111411 04210), 0505J appurtenancet KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT 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 S day of (-Mai_ and the last publication being on the 2I,, day of (Y\C and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln ry5 Wyoming My Commission Expires May 5, 2012 Notary Sig Subscribed in my presence and sworn to before me on this 26 day of A.D., 20 11 Jensen, Publ's 00037S J! HIM I I I V Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona ti NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA G©ri;r houlon Ex•fres Jan 19 2015 My commission expires: COSPkg 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 Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed FTP Update EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $2,257.86 as compensation for services actually rendered in the foreclosure proceeding. Total $2,257.86 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 AFFI H NAUGHT. 4 B P. tricia An e Michitsc astle Stawiar i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on ac day of Yh 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature officer) Title (and Rank 650.00 937.00 78.26 8.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 000396 Certificate of Sale Smith 11 -04210 Page 7 of 7