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HomeMy WebLinkAbout9595566011119735 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000633 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 March 27, 2006, executed and delivered by William Robert Barrett Jr. and Rene Ann Barrett to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns and (b) that certain mortgage dated March 27, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 31, 2006, at Reception No. 917164 in Book 615 at Page 840 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 29 OF STAR VALLEY RANCH PLAT 22, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF IN THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 170 N. Forest Drive, Thayne, WY 83127 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: March 23, 2011 Assignment recorded: April 15, 2011 Assignment recording information: at Reception No. 958904 in Book 765 at Page 470 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 having general circulation in Lincoln County, State of Wyoming, once a week for RECEIVED 6/7/2011 at 11:21 AM RECEIVING 959556 BOOK: 767 PAGE: 633 JEANNE V' iMrrn N nnI INTY CLERK. KEMMERER, WY Certificate of Sale Barrett 10 -26524 Page 1 of 7 000634 four (4) consecutive weeks, commencing with the May 12, 2011 issue of said newspaper and ending with the June 2, 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 June 7, 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 $240,648.05 "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 $2,192.42 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 June 7, 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 7th day of June 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By 1/14A 114 Print Name: Micah Rigby Title: Deputy Sheriff Certificate of Sale Barrett 10 -26524 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT S S The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of June 2011. Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires STATE OF WYOMING Notary Public 000635 Certificate of Sale Barrett 10 -26524 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan lhle 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 March 27, 2006 (the "Mortgage and recorded on March 31, 2006, at Reception No. 917164 in Book 615 at Page 840 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 William Robert Barrett Jr. and Rene Ann Barrett "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: March 23, 2011 Assignment recorded: April 15, 2011 Assignment recording information: at Reception No. 958904 in Book 765 at Page 470 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: 71969009843000699916 CERTIFIED MAIL NO. FSN: 71969009843000702548 BAC Home Loans Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000699909 CERTIFIED MAIL NO. FSN 71969009843000702555: William Robert Barrett Jr. 170 N. Forest Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000699893 CERTIFIED MAIL NO. FSN: 71969009843000702562 William Robert Barrett Jr. PO Box 5129 Etna, WY 83118* COSPkg EXHIBIT A SS 000636 Certificate of Sale Barrett 10 -26524 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000699886 CERTIFIED MAIL NO. FSN: 71969009843000702579 Rene Ann Barrett 170 N. Forest Drive Thayne, WY 83127* CERTIFIED MAIL NO. N01: 71969009843000699879 CERTIFIED MAIL NO. FSN: 71969009843000702586 Rene Ann Barrett PO Box 5129 Etna, WY 83118* CERTIFIED MAIL NO. NOI: 70102780000105768545 CERTIFIED MAIL NO. FSN: 71969009843000702593 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834* CERTIFIED MAIL NO. NOI: 71969009843000699862 CERTIFIED MAIL NO. FSN 71969009843000702609 Countrywide Bank, FSB 4500 Park Granada MSN# SVB -314 Calabasas, CA 91302 -1613* CERTIFIED MAIL NO. NOI: 71969009843000699855 CERTIFIED MAIL NO. FSN: 71969009843000702616 OCCUPANT 170 N. Forest Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000699848 CERTIFIED MAIL NO. FSN: 71969009843000702623 Star Valley Ranch Association 781 Vista West Drive Thayne, WY 83127* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 29, 2011 and the date of the first publication of the notice of foreclosure sale was May 12, 2011. State of Wyoming County of Natrona My commission expires: /'1 /I NOTARY PUBLIC NANCY KEENER STATE OF WYOMING s% COUNTY OF NATRONA Commission Ex r Tres Jan 19 2015 COSPkg FURTHER AFFIANT SAYETH NAUGHT. Title (and R 'n k) e av-1. LA___O-f By: gan1lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 00063 This instrument was acknowledged before me on _day of 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. (Signature of notarial officer) Certificate of Sale Barrett 10 -26524 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 16 ivn oo 615 a"t ag C er and ex of i ofWyoming, ands t or value as4follow 9f l 1i,o4 i, co sts`,e vo rny PUBLISHER'S AFFIDAVIT ch27, ieAnn testis successors and e+same L ate aid i bpi( eeds �5 z Tr eason G Ty&, and no tdebt ge:dlired r6ceeg ige; 'rby rid She i s 1p upon the 'beingithe principal rst pub- .';-fees, ate ,of ie'subjectrto the ;sale. e before Mort ausing EXHIBIT B 5 12B KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN i ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Linco a Wyoming My Commission Expires May 5, 2012 Micha sen, Publisher by Mi ,Jensen, Publis ('l: A 1 1� are 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 12. day of Ut ijt 20 1 and the last publicat on being on the 7, day of Notary Sign Wit.0 20_11__; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) VV Lam/ Subscribed in my presence and sworn to before me on this z day of 00063C uertmcate or are Barrett 10 -26524 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 Sheriffs Fee Sale Sheriffs Fee Deed Total State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan Ihle, 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 $2,192.42 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFIANT" YETH NAUGHT. By: Mega lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 700.00 835.00 100.62 11.00 427.80 50.00 26.00 11.00 11.00 10.00 10.00 $2,192.42 This instrument was acknowledged before me on 2 day of %A.A.,--1. 2011 by Megan lhle as attorney of Castle Stawiarski, LLC. W NOTARY PUBLIC 4 NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA CemrnI Iorr Ex Iran Jan 19 2015 My commission expires: COSPkg (Signature of hotarial officer) Title (and F.' nl 000639 Certificate of Sale Barrett 10 -26524 Page 7 of 7