Loading...
HomeMy WebLinkAbout9594756011019315 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000377 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 April 20, 2004, executed and delivered by Michael L. Snively and Karen B. Snively to Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage and (b) that certain mortgage dated April 20, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 27, 2004, at Reception No. 898819 in Book 553 at Page 478 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 76, NORDIC RANCHES DIVISION NO. 6, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED MAY 18, 1996 AS PLAT 311F IN THE OFFICE OF LINCOLN COUNTY CLERK. with an address of 45 Lariat Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: August 19, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955123 in Book 752 at Page 563 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, CitiMortgage, Inc. "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 RECEIVED 5/31/2011 at 11:23 AM Certificate of Sale Snively 10- 15497R RECEIVING 959475 Page 1 of 7 BOOK: 767 PAGE: 377 JEANNE VER 1 men! N INTY CLERK. KEMMERER. WY 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 $193,100.00 "Bid Sum which was bid and offered by CitiMortgage, Inc. "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 $3,830.11 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 Snively 10- 15497R Page 2 of 7 000378 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: COSPkg ACKNOWLEDGMENT SS Witness my hand and off ial seal. Lin tot-in ©00379 Certificate of Sale Snively 10- 15497R Page 3 of 7 EXHIBIT A ©003CO AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 April 20, 2004 (the "Mortgage and recorded on April 27, 2004, at Reception No. 898819 in Book 553 at Page 478 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 Michael L. Snively and Karen B. Snively "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: August 19, 2010 Assignment recorded: August 25, 2010 Assignment recording information: at Reception No. 955123 in Book 752 at Page 563 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: 71969009843000693167 CERTIFIED MAIL NO. FSN: 71969009843000698636 CitiMortgage, Inc. 1000 Technology Drive, MS322 0 Fallon, MO 63368 -2240* CERTIFIED MAIL NO. NOI: 71969009843000693150 CERTIFIED MAIL NO. FSN: 71969009843000698643 OCCUPANT 45 Lariat Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000693143 CERTIFIED MAIL NO. FSN: 71969009843000698650 Michael L. Snively 45 Lariat Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000693136 CERTIFIED MAIL NO. FSN: 71969009843000698667 Karen B. Snively 45 Lariat Drive Etna, WY 83118* COSPkg SS CERTIFIED MAIL NO. NOI: 71969009843000693129 CERTIFIED MAIL NO. FSN: 71969009843000698674 Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 -2026* CERTIFIED MAIL NO. NOI: 71969009843000693211 CERTIFIED MAIL NO. FSN: 71969009843000698681 Academy Mortgage Corporation 1218 East 7800 South, Suite 100 Sandy, UT 84094* CERTIFIED MAIL NO. N01: 71969009843000693228 CERTIFIED MAIL NO. FSN: 71969009843000698698 The Bank of Star Valley 384 Washington Street Afton, WY 83110* Certificate of Sale Snively 10- 15497R Page 4 of 7 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. y: Patricia An Michitsc Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on QL day of ''1'1 oA--1, 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER COUNTY OF NA riaalon Ex Irea Jan 19 2015 My commission expires: 9-73 COSPkg (Signature of notarial officer) Title (and Ran 000381 Certificate of Sale Snively 10- 15497R Page 5 of 7 at la Lose;,`the Mortgage by e record owner .and t l e ast ten(1,0,)da or; amount due upon o o s e being e' theundr?cipal' 6 s; 2 n del was re 'at Re 75 to Ma i Any p subnu' the 1VTo KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming reclosed s ®yro p erty o h old at ,publtq, nue; by' property and tir Lincoln County, Wyom g to lh o cl in the forenoon on May'31, 20 J CountyiCourt locate at 925 County, 'ct Mortgag s "ai o LOT AS PLAT eason ecome operas ve,`and nog ecover th e debt secured such suitor proceeding es,tbidd cash at 10 00 le fr0 t door o t e Li n coln mmount�s er WY; Lin coln secured as follows t EXHIBIT B PUBLISHER'S AFFIDAVIT •gage )k,55$ 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 day of L-Yi(l(1L& 20 4t and the last publication being on the 21" day of 20t; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by_ Michael J ROSEMARY CAPELLEN NOTARY PUBLIC County of Lincoln My Comm el Jensen, Publishe Notary Signat e State of Wyoming ssion Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 2E day of 4`11 Lll: A.D., 20 t C4L, Snively 10- 15497R Page 6 of7 000382 STATE OF WYOMING COUNTY OF NATRONA COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee FTPDD x2 PUB COST FSN Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Previous Invoice State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex Ices Jan 19 2015 My commission expires: 9 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 $3,830.11 as compensation for services actually rendered in the foreclosure proceeding. 600.00 78.26 150.00 414.00 50.00 26.00 11.00 11.00 10.00 10.00 2,469.85 Total $3,830.11 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`ANT SAYH NAUGHT. y: Patricia A e Michit c Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on at, day of I'h 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) Title (and Ra k) 000333 Certificate of Sale Snively 10- 15497R Page 7 of 7