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Home My WebLink About9599356011119900 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 15, 2008, executed and delivered by Gregory A. Ebare to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage dated March 15, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 25, 2008, at Reception No. 937791 in Book 690 at Page 342 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 824, LAKEVIEW ESTATES, THIRD ADDITION, TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED IN THE OFFICE OF THE COUNTY CLERK RECORDED JULY 30, 2003 AS PLAT NO. 250 -DE. with an address of 740 Pinecrest Circle, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 000828 Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: April 19, 2011 Assignment recorded: May 11, 2011 Assignment recording information: at Reception No. 959230 in Book 766 at Page 499 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 Loan Servicing, L.P. fka Countrywide Home Loan 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. RECEIVED 7/5/2011 at 10:45 AM RECEIVING 959935 BOOK: 768 PAGE: 828 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Ebare 11 -05098 Page 1 of 7 000829 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 June 9, 2011 issue of said newspaper and ending with the June 30, 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 July 5, 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 $204,733.40 "Bid Sum which was bid and offered by BAC Home Loan Servicing, L.P. fka Countrywide Home Loan 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 $2,033.30 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 July 5, 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 5th day of July 2011. COSPkg Title: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Micah Rigby Deputy Sheriff Certificate of Sale Ebare 11 -05098 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Micah Rigby Deputy Sheriff of Lincoln County, State of Wyoming, this 5th day of July 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. State of Wyoming My Commission Expires I Jenny `Carke' -Notary •u•llc County of Lincoln 000830 Certificate of Sale Ebare 11 -05098 Page 3 of 7 STATE: OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000831 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 March 15, 2008 (the "Mortgage and recorded on March 25, 2008, at Reception No. 937791 in Book 690 at Page 342 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 Gregory A. Ebare "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: April 19, 2011 Assignment recorded: May 11, 2011 Assignment recording information: at Reception No. 959230 in Book 766 at Page 499 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: 70101060000021401188 CERTIFIED MAIL NO. FSN: 70101870000102238244 BAC Horne Loan Servicing, L.P. flea Countrywide Home Loan Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000713650 CERTIFIED MAIL NO. FSN: 71969009843000719218 OCCUPANT 740 Pinecrest Circle Alpine, WY 83128* COSPkg Certificate of Sale Ebare 11 -05098 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000713643 CERTIFIED MAIL NO. FSN: 71969009843000719225 Gregory A. Ebare 740 Pinecrest Circle Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000713636 CERTIFIED MAIL NO. FSN: 71969009843000719232 Gregory A. Ebare PO Box 1632 Jackson, WY 83001* CERTIFIED MAIL NO. NOI: 71969009843000713629 CERTIFIED MAIL NO. FSN: 71969009843000719249 Lincoln County Treasurer 925 Sage Suite 102 Kemmerer, WY 83101* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 25, 2011 and the date of the first publication of the notice of foreclosure sale was June 9, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on 3 o day of 2011 by Megan Ihle as attorney of Castle FURTHER AFFIANT SAYETH NAUGHT. COSPkg NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OP NATRONA Cammisslnn Ex Irrsa .lute 13 201 My commission expires: J 9 /s may Megan le Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Rank) 000832 Certificate of Sale Ebare 11 -05098 Page 5 of 7 KEMMERE:R GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE WHEREAS, default in the payment of principal and interesr has °o curred under the terms of a promissory note= (the. "Note dated° March 15, 2008, executed and delivered by GregoryA. -Ebare (Mo tgngor(s:)' =t) to Mortgage Electronic Registration Systems, Inc., as nominee forCoun trywide Bank, FSB its successors and assigns, and a real estatemortgage (the ``Mortgage") of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s),:.to said Mortgagee, and which Mortgage was recorded on `March.25, 2008, at +Reception No. 937791 in Book. 690 at Page 342 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 WHEREAS, the mortgage was assigned for value as follows; Assignee: BAC Home Loan Servicing, L P. fka Countrywide Horne Loan Servicing, L.P. Assignment dated: April 19, 2011 Assignment recorded: May 11, 2011 Assignment recording information: at Reception No. 959230 ihBook 766 at Page 499 All in the records of the County .Clerk and .ex- officio.Register•of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason of said default, the Mortgagee declares. to have become operative. and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written. notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale the total sum of $203,636.37 which sum consists of the unpaid'principal balance of $198,685.62 plus interest accruedAo the date of the' first pub' lication of, this notice in the aMount..of.$.950 5, plus.attt3iiteys' fees, the sta status of title before costs expended, and accruing, interest and late ,char first publication of this notice of safe,, WHEREAS, The property being .forecl other liens and.. encumbrances that will °not Any prospective purchaser should research submitting a bid; NOW, THEREFORE BAC Home Loan Servicing, L.P. fka.Country- wide Horne Loan Servicing, L;.P, as the Mortgagee, will have the Mortgage foreclosed as by provided by causing the mortgaged property tot be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for cash at 10:00 o'clock in the forenoon on July 5, 2011 at the front door or the Lincoln County: Court:- house located at 925 Sage Avenue, Kemmerer, WY, Lincoln County for application on the above-described amounts secured by the ;Mortgage said mortgaged property being described as foliows, to-wit: LOT 824, LAKEVIEW ESTATES, THIRD ADDITION; TOWN OF ALPINE,` LINCOLN COUNry, WYOMING, ACCORDING O H T PLAT FILED IN THE OFFICE OF THE COUNTY CLER REcORRDED JULY 30, +2003 AS PLAT NO. 250 =DE. s.r with an address of 740 Pinecrest Circle, Alpine, Together with all improvements thereon situate an' appurtenances thereto. BAC Home Loan Servicing, L.P. fka Count By Castle'S 330 S`:Walsh Casper, Vv PUBLISH: June 9. 16, 23, 30, 2011(11- 05098) e of tU 28 tures and lome°Lon ervicing,' L.P. L wiarskt,.L:LC f to 'Ste.4''202 826090000 07)4333 9 06D9C EXHIBIT B PUBLISHER'S AFFIDAVIT day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher 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 q consecutive issues /weeks; the first publication being on the q 20 I t and the last publication being on the 36 day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen ublisher ROSEMARY CAPELLEN IMY PUBLIC Cooly ft Stift of L My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this ,11 day of C 6U VIC A.D., 20 (1 ael Jensen, Publi -h Notary Sig u re 000833 Ebare 11 -05098 Page 6 of 7 STATE. OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona 3 c day of Stawiarski, LLC. 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 Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed FTP Update My commission expires: 1 1' COSPkg NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA mmtsa Ex Tres Jan 19 2015 EXHIBIT C AFFIDAVIT OF ATTORNEY SS Megan !hie, 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 $2,033.30 as compensation for services actually rendered in the foreclosure proceeding. 6I-v) Luz?' By: Megan lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) 4 Title (and nk) 600.00 768.00 55.90 11.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 25.00 Total $2,033.30 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. This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle 000834 Certificate of Sale Ebare 11 -05098 Page 7 of 7