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