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:
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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.
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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:
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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*
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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
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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
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eeds
�5 z
Tr eason
G Ty&, and no
tdebt ge:dlired
r6ceeg
ige; 'rby
rid She
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upon the
'beingithe
principal
rst pub-
.';-fees,
ate ,of
ie'subjectrto
the ;sale.
e before
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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:
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(Signature of hotarial officer)
Title (and F.' nl
000639
Certificate of Sale
Barrett 10 -26524
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