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HomeMy WebLinkAbout956646\11OI 1 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000023 Si 5;4,,, 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 2, 2004, executed and delivered by Kurt W. Miller and Abby M. Miller to Community First Mortgage, LLC and (b) that certain mortgage dated April 2, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 5, 2004, at Reception No. 898285 in Book 551PR at Page 608 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 23 OF BLOCK 2 OF THE LINCOLN HEIGHTS SUBDIVISION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 929 Third West Avenue, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: April 2, 2004 Assignment recorded: April 8, 2004 Assignment recording information: at Reception No. 898365 in Book 551PR at Page 805 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, Wyoming Community Development Authority "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 19, 2011 issue of said newspaper and ending with the June 9, 2011 issue thereof; that said notice was RECEIVED 6/14/2011 at 10:40 AM RECEIVING 959646 BOOK: 768 PAGE: 23 JEANNE WAGNER LINCOLN COUNTY CLE...., _;MMERER, WY Certificate of Sale Miller 11 -06721 Page 1 of 7 000024 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 14, 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 $91,966.08 "Bid Sum which was bid and offered by Wyoming Community Development Authority "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 $1,213.06 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 14, 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 g day of 2011. COSPkg M SL," uNe. Jr L,. NsevA Sheriff in and for Lincoln County, State of Wyoming Print Name: (1n Title: Certificate of Sale Miller 11 -06721 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: L. ennyC ark Lary i lic ;,f„ County of ui;� State of i Wyoming Lincoln ,.c. Ale My Commission Expires 61•,9.-'1 i COSPkg ACKNOWLEDGMENT SS 000025 The foregoing instrument was subscribed in my presence and acknowledged before me by Deputy Sheriff of Lincoln County, State of Wyorfling, this iy day of 2011. Witness my hand and official seal. 'VW CCtw Publi Certificate of Sale Miller 11 -06721 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Megan !hie 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 2, 2004 (the "Mortgage and recorded on April 5, 2004, at Reception No. 898285 in Book 551PR at Page 608 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 Kurt W. Miller and Abby M. Miller "Mortgagor(s) the named mortgagor(s), and Community First Mortgage, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: April 2, 2004 Assignment recorded: April 8, 2004 Assignment recording information: at Reception No. 898365 in Book 551PR at Page 805 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: 70101870000102238657 CERTIFIED MAIL NO. FSN: 71969009843000706355 Wyoming Community Development Authority P.O. Box 10100 Casper, WY 82602* CERTIFIED MAIL NO. NOI: 71969009843000702722 CERTIFIED MAIL NO. FSN: 71969009843000706362 OCCUPANT 929 Third West Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000702715 CERTIFIED MAIL NO. FSN: 71969009843000706379 Kurt W. Miller 929 Third West Avenue Kemmerer, WY 83101* COSPkg EXHIBIT A SS 000026 Certificate of Sale Miller 11 -06721 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000702708 CERTIFIED MAIL NO. FSN: 71969009843000706386 Kurt W. Miller 221 Trona St Kemmerer, WY 83101 -2017* CERTIFIED MAIL NO. NOI: 71969009843000702692 CERTIFIED MAIL NO. FSN: 71969009843000706393 Abby M. Miller 929 Third West Avenue Kemmerer, WY 83101* CERTIFIED MAIL NO. N01: 71969009843000702685 CERTIFIED MAIL NO. FSN: 71969009843000706409 Abby M. Miller 221 Trona St Kemmerer, WY 83101 -2017* CERTIFIED MAIL NO. NOI: 70101870000102238664 CERTIFIED MAIL NO. FSN: 71969009843000706416 Amerifirst Home Improvement Finance Co. 4405 S. 96th St. Omaha, NE 68127* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 6, 2011 and the date of the first publication of the notice of foreclosure sale was May 19, 2011. State of Wyoming County of Natrona 9' day of Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Megan I le Castle Stawi -rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 his instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle (Sign ture of nota Title (and Rank) My commission expires: 5 /f: /f et".4 HoYA rrur�rr uc DIAHANN FRANKLIN COUNTY OF WYOMING NA RONA ommission E Ma 15, 2014 Certificate of Sale Miller 11 -06721 Page5of7 ato atesl Assignee uthentil c ate W ent recor.'� Assignment recor 551PR;at 8 05 A11 thefecords' in aind'for Lincoln, ofsaic so by be to '0' t1onA }of expen publication W ^HE 0 other Ben Any p ro s, subn as, Sheriff or Depni highest,bidder for c at the fr"obt d'oor d es .ben app KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming eee iaM addressa ate ',s ould, av'19, 26, 7une'2, 9, 201=1( COSPkg ler ate ich ook" ter of Deeds 'reason t.sec'ured ti 'oceeding age by rid the rior. the ca osts first e#subleot to tf at t ie sa efore 'the r ovided by ;the s narig tolthe on J'un "e 14, 201"1 Dose locatedk0925 Sage cation on,th�e above >rtgaged' property ION 103.' es,and awiarslu LLC nve S WY'82609- 0000 307)' 333 5379 06721) 0519C EXHIBIT B Michae',n, Publisher NOTARY PUBLIC *Net 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 At consecutive issues /weeks; the first publication being on the 9 day of and the last publication being on the 9 day of 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 9 day of �d.�Vlf7, A.D. ichae Jensen, Publi.h� Neco Notary Sig KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 I Certificate of Sale Miller 11 -06721 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona Stawiarski, LLC. COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee PUB COST FSN Conduct sale fee Sheriff's fee Sale Sheriff's fee Deed Record Cert. of Sale Record Sheriff's Deed EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $1,213.06 as compensation for services actually rendered in the foreclosure proceeding. `may: Megan (lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Sign tu of n °tryri9I,ofFicer) Title (and ank) My commission expires: 5;7 600.00 78.26 427.80 50.00 10.00 10.00 26.00 11.00 Total $1,213.06 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firrn 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 AFFIANTYETH NAUGHT. tiuLc Qs° This instrument was acknowledged before me on day of 2011 by Megan !hie as attorney of Castle 000029 DIANANN FRANKLIN COUNTY OF NATRRONA Commission res Ms 15, 2014 Certificate of Sale Miller 11 -06721 Page 7 of 7