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HomeMy WebLinkAbout9595576011019109 CERTIFICATE OF SALE STATE OF WYOMING OO i6Q O SS 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 May 29, 2007, executed and delivered by Diana R. Cardenas to Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. its successors and assigns and (b) that certain mortgage dated May 29, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 1, 2007, at Reception No. 929920 in Book 660 at Page 218 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 39 IN STAR VALLEY RANCH PLAT 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THERETO. with an address of 37 Ridgecrest 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: OneWest Bank, FSB Assignment dated: February 11, 2011 Assignment recorded: February 22, 2011 Assignment recording information: at Reception No. 958226 in Book 762 at Page 821 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 rnade operative by reason of such default, OneWest Bank, FSB "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 RECEIVED 6/7/2011 at 11:27 AM RECEIVING 959557 BOOK: 767 PAGE: 640 JEANNE V'" LINCOLN COUNTY CLEKK. KEMMERER. WY Certificate of Sale Cardenas 11 -01398 Page 1 of 7 having general circulation in Lincoln County, State of Wyoming, once a week for 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 $283,316.77 "Bid Sum which was bid and offered by OneWest Bank, FSB "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 $2,253.60 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 By: IA 4 11/ M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Micah Rigby Title: Deputy Sheriff 0006 41. Certificate of Sale Cardenas 11 -01398 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 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 7th day of June 2011. Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STAR OF LINCOLN I ®MINE MyCAmmissfan€ ora c_ trafYwf-, Notary Public 000642 Certificate of Sale Cardenas 11 -01398 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000643 Megan Ihle 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 May 29, 2007 (the "Mortgage and recorded on June 1, 2007, at Reception No. 929920 in Book 660 at Page 218 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 Diana R. Cardenas "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for IndyMac Bank, F.S.B. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: OneWest Bank, FSB Assignment dated: February 11, 2011 Assignment recorded: February 22, 2011 Assignment recording information: at Reception No. 958226 in Book 762 at Page 821 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: 71969009843000656216 CERTIFIED MAIL NO. FSN: 71969009843000658968 CERTIFIED MAIL NO. FSN2: 71969009843000702203 Diana R. Cardenas 37 Ridgecrest Drive Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000656179 CERTIFIED MAIL NO. FSN: 71969009843000658982 CERTIFIED MAIL NO. FSN2: 71969009843000702227 Diana R. Cardenas 37 Ridgecrest Drive Star Valley Ranch, WY 83127 COSPkg CERTIFIED MAIL NO. NOI: 71969009843000656209 CERTIFIED MAIL NO. FSN: 71969009843000658999 CERTIFIED MAIL NO. FSN2:71969009843000702234 Diana R. Cardenas PO Box 12707 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000656193 CERTIFIED MAIL NO. N01: 71969009843000656186 CERTIFIED MAIL NO. FSN: 71969009843000658975 CERTIFIED MAIL NO. FSN: 71969009843000659002 CERTIFIED MAIL NO. FSN2: 71969009843000702210 CERTIFIED MAIL NO. FSN2:71969009843000702241 OneWest Bank, FSB Occupant 888 East Walnut Street 37 Ridgecrest Drive Pasadena, CA 81101 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000656162 CERTIFIED MAIL NO. FSN: 71969009843000659019 CERTIFIED MAIL NO. FSN2: 71969009843000702319 Star Valley Ranch Association, Inc HCR 62 Box 7008 Star Valley Ranch, WY 83127 Certificate of Sale Cardenas 11 -01398 Page 4 of 7 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 25, 2011 and the date of the first publication of the notice of foreclosure sale was May 12, 2011. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: /V 1 2 y: Megan I e Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 his instrument was acknowledged before me on _Zed day of 2011 by Megan !hie as attorney of Castle Stawiarski, LLC. L etii.k.bc)7/64A41.62 (Sign ture of not rial officer) o6 Title (and Rank) D%AHANN FRANKLIN STATE OF WYOMING COUNTY OF NATRONA Commission 15.2014 000644 Certificate of Sale Cardenas 11 -01398 Page 5 of 7 brfgagee dec aces to •have become operative, and no s bee,'insti L at 1aw. to recover the debt secured hereof nor has any such •suitor proceeding cntnued, Land foreclose the Mortgage .by ',e ved u ttlo recgrd cl yne and, the agedtpremises,at least�ten, (10 days prior 4t of� s�aul is anon, and the" nount +due upon the f firstpub 'c Lion of this notice of sale being the chsun' consists of the unpaid' principal o y ®(U ei accrued to the:date of the first pub 1 Li p ��to t of $29,529.93 „plus attorneys fees, K iuhryita, t est'snd nte'charges atifter'the�datet'of' 22,.'201 :1 r ow at Reception No. 958226 in Book t of Deeds s a pow er$of sale which "by'reason edryforivalue as follows: subrpit NO KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg or(s)' e f iz o tai d y M a c ns attic a r "eote, d Mortgag 29920 at estate'iiaortgage (tlie ng the N'whtch'1Vlortgage was tga N .to saiee, an d 1;.2007, at ReceptionNo. 9 o2 the office;. of the County Clerk. n, boLirWQ y;, State of foreclosed upon may be `subject to vi11 not'be extinguished` at'the sale. research. the, status of ;.title before, a is �Vlortg gee, '�tll hate y c sing, the mortgaged eriff or Deputy •,Sheriff in guest bidder for cash. ,at 10 :00 7, 2011 at,the •fronts door o ithe Lincoln at 925SaeA Kemmerer, WY gvenue, L incoln tl�eab de amounts secured by they propert being described a�s folio „w to- w it. H PLAT I3 LINCOLN COUN!'Y, I CIAL P HEREOF, ROVEIvIENTS AND AP- 1 ANYWISE'APPER- cres r i ve, Th ayne, WY 83127. et tstthereon situate and all^;fixtlhres and a g OneWestfBank,1 SB B y: Castl S LL 330 S. Walsh Drive.; Ste. 202 Casper„ WY,m (30y EXHIBIT B PUBLISHER'S AFFIDAVIT 512 day of `AM_LU and the last publication being on the day of Notary Si KEMMERER, WYOMING Michael J Publisher 000645 STATE OF WYOMING )ss. COUNTY OF LINCOLN ...A ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires May 5, 2012 tu re 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 1 2 20_ly_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated, (Signed) Subscribed in my presence and sworn to before me on this 2 day of jX 1h1 A.D I Jensen, Pull' 1 Certificate of Sale Cardenas 11 -01398 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Megan lhle, 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 $2,253.60 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTP update PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total My commission expires: 5 fr /y State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 ETH NAUGHT. 4/-) L/L-e--P By: Megar'lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 his instrument was acknowledged before me on Ad day of 2011 by Megan [hie as attorney of Castle Stawiarski, LLC. (Signitufe n��Gfficer) Title (and Rank) LI DIAH FR COUNTYOF Ma 15 2014 600.00 869.00 78.00 8.00 150.00 441.60 50.00 26.00 11.00 10.00 10.00 $2,253.60 000646 Certificate of Sale Cardenas 11 -01398 Page 7 of 7