HomeMy WebLinkAbout9600376011119998
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000308
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 April 15, 2005, executed and delivered by Stacy
Martin and Chet Martin to Mortgage Electronic Registration Systems, Inc., as
nominee for First National Bank West its successors and assigns and (b) that
certain mortgage dated April 15, 2005 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on April 18, 2005, at Reception No. 907721 in
Book 583 at Page 290 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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THAT PART OF THE SW1 /4SW1/4 OF SECTION 24, T31N
R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING,
BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF
THE CLERK OF LINCOLN COUNTY IN BOOK 106PR ON PAGE
424, AND ALL OF THAT TRACT OF RECORD IN SAID OFFICE IN
BOOK 290PR ON PAGE 92, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST POINT OF SAID TRACT IN
BOOK 290PR, ON THE EAST LINE OF SAID SW1 /4SW1/4, N
00 °07'03" E, 370.00 FEET FROM THE SOUTHEAST CORNER OF
SAID SW1 /4SW1/4, FOUND AS DESCRIBED IN THE CORNER
RECORD FILED IN SAID OFFICE; THENCE CONTINUING N
00 °07'03" E, ALONG SAID EAST LINE, 13.63 FEET TO A POINT
ON A CURVE OF THE SOUTH RIGHT -OF -WAY LINE OF
LANCASTER LANE COUNTY ROAD NO. 12 -147;
THENCE CONTINUING N 00 °07'03" E, 496.00 FEET, ALONG
SAID EAST LINE TO A POINT;
THENCE N 88 °18'51" W, 83.51 FEET TO A POINT;
THENCE S 05 °40'06" W, 71.77 FEET TO A POINT;
THENCE S 37 °28'32" W, 149.93 FEET TO A POINT;
THENCE S 02 °38'05" W, 111.61 FEET TO A POINT;
THENCE S 21 °09'52" E, 102.42 FEET TO A POINT;
THENCE S 36 °24'48" E, 119.55 FEET TO A POINT;
THENCE S 76 °40'23" E, 80.08 FEET TO THE POINT OF
BEGINNING.
with an address of 831 Lancaster Lane Cr 147, Smoot, WY 83126
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan
Servicing, L.P.
Assignment dated: April 15, 2011
Assignment recorded: April 25, 2011
RECEIVED 7/12/2011 at 11:14 AM
RECEIVING 960037
BOOK: 769 P,4 308
JEANNE VIiiktiNeR
Certificate of Sale
Martin 11 -07716
Page 1 of 7
000309
Assignment recording information: at Reception No. 959031 in Book 765 at Page
758
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.
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 16, 2011 issue of said
newspaper and ending with the July 7, 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 12, 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
114,696.74 "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
properly 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 $2,002.02 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
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Certificate of Sale
Martin 11 -07716
Page 2 of 7
and all fixtures and appurtenances thereto, at and upon expiration of three (3)
months and thirty (30) days from and after July 12, 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
12th day of July 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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iy arke
1'
County of
Lincoln,
My M Commission Expires
ACKNOWLEDGMENT
SS
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: 4 'i2'
Witness my hand and official seal.
Print Name: Micah Rigby
Title: Deputy Sheriff
000310
The foregoing instrument was subscribed in my presence and
acknowledged before me by Micah Rigby
Deputy Sheriff of Lincoln County, State of Wyoming, this 12th day of
July 2011.
Certificate of Sale
Martin 11 -07716
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000311
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 April 15, 2005 (the "Mortgage and recorded
on April 18, 2005, at Reception No. 907721 in Book 583 at Page 290 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 Stacy Martin and Chet Martin
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for First National Bank West 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 15, 2011
Assignment recorded: April 25, 2011
Assignment recording information: at Reception No. 959031 in Book 765 at Page
758
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: 70100290000311117340
CERTIFIED MAIL NO. FSN: 70110470000202706885
BAC Home Loan Servicing, L.P. fka Countrywide Home Loan
Servicing, L.P.
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000720382
CERTIFIED MAIL NO. FSN: 71969009843000725097
Stacy Martin
831 Lancaster Lane Cr 147
Smoot, WY 83126*
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Certificate of Sale
Martin 11 -07716
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000720375
CERTIFIED MAIL NO. FSN: 71969009843000725103
Stacy Martin
831 Lancaster Ln
Afton, WY 83110 -9768*
CERTIFIED MAIL NO. NOI: 71969009843000720368
CERTIFIED MAIL NO. FSN: 71969009843000725110
Stacy Martin
P.O. Box 1042
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000720351
CERTIFIED MAIL NO. FSN: 71969009843000725127
Chet Martin
831 Lancaster Lane Cr 147
Smoot, WY 83126*
CERTIFIED MAIL NO. N01: 71969009843000720344
CERTIFIED MAIL NO. FSN: 71969009843000725134
Chet Martin
831 Lancaster Ln
Afton, WY 83110 -9768*
CERTIFIED MAIL NO. NOI: 71969009843000720337
CERTIFIED MAIL NO. FSN: 71969009843000725141
Chet Martin
P.O. Box 1042
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000720320
CERTIFIED MAIL NO. FSN: 71969009843000725158
Beneficial Wyoming, Inc.
1363 Denver Dr., Plaza Mali
Rock Springs, WY 82901*
CERTIFIED MAIL NO. NOI: 71969009843000720313
CERTIFIED MAIL NO. FSN: 71969009843000725165
OCCUPANT
831 Lancaster Lane Cr 147
Smoot, WY 83126*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was June 3, 2011 and the date of the first publication of the notice
of foreclosure sale was June 16, 2011.
State of Wyoming
County of Natrona
day of
Stawiarski, LLC.
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
By: Megan Ihle
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan Ihle as attorney of Castle
d oLAAc)7 4a.milz,L
(Siqattfe of noAarial officer)
frrjA/ 4 c.
Title (and'Rank)
000312
Certificate of Sale
Martin 11 -07716
Page 5 of 7
ess o
,was e.xeeti,
rvic ing;,.
J(. roVii
ma ion at Recep tion No 959031 in Book
mty Cler and ex of icio of Deeds'
onin n ia
attis- a.powet of Sale which by reason
tres' to have become operative, and no
ed at law t recover tlietdeb ',secured
f,tnor 1>as any +such suit or proceeding
xant
cote"); dated April
r�St y, Ma rttn and Ch Martin
unit Registration Systems a Inc.; as
estx successors and,assigns, and
of the sane date securing „the'
ielr'veredbyF said Mortgagor(s),
as recorded on April 18 2005,
Page 290 y in the�records of "the
i, Register of De "'eds rn "d °'for
iRE BAC RHome
or value as follows
P` fka4Couritrywide
foreclose the Mortgage by
�n the record owner and the
es at Ie `St ten (10) days
e n
rid�the i�alilo "due upon the
t is notice of `,stale being "the
lists "of,' the un
d'totfi date o
361.00, Slus #a
late charges `af
oan Servicing, L.P. C
the Mortgagee „will have the N
causing the,mortgaged propel
Sheriff in and fo
'TOAPOINT,”
TOAPOINT;.
TOAPOINT;
TO A POINT
PO,THE
POINT C
ountrywi
subject to
I at` s the�sale
e
title before
ountry:
ortg age
ty;to `be
Lincoln
cash at 10 00 o c ock`in'.the
if file Lindoln, ourt-
knty,.for
)rtgage,
1
MINE
E OF T,FiE CLERK OF
424, AN1 ALL OF
rN BO Kd 290P`t QN
NT OF 'SAID TRACT
SAID SW1/4,SW1/4, N
U,['HEAST(ORNER OF
�D ll I T IE CORNER RE
O, rI GN00 °07_'03''
765 al
su
A
in
an,
WF
of aidE
sutra o r'_
by4the,1„
been inst
adve
partyin posseSS
to the:,comrrten`
Mortgage on
total +l su-,O"
balance 0
of
sold a'
Count
foie i o
house locat e
v x, rs
said ,ortga,
THAT`;P
TIA'
PAGE 9
EEG INi`
IN BOOK 29
00 °07'03 1E,
SAID SW 1
C'
NIN'
With an addi
'TogetheP`wit
appurtenancos
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
D T
h1
EXHIBIT B
PUBLISHER'S AFFIDAVIT
ANE
NG
EGIN-
Smo WY, 83126.
atea and ;all fixtures; and
ome.Loan
ing„ L.P
rarski, „LI C
e,eSte ?202
09-0000
"r5
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 4 consecutive issues /weeks;
the first publication being
day of JUJU.
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
on the I1.0
20 it
and the last publication being on the 1-
day of
,20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michae sen, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Conimissinn Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this day of
A.D., 20 11
e.l,l
000313
Certificate of Sale
Martin 11 -07716
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
I day of
Stawiarski, LLC.
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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 $2,002.02 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 565.00
Statutory Notice Fee 100.62
PUB COST FSN 593.40
FTPDD 25.00
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Assign Cert of Sale 11.00
Record Sheriffs Deed 11.00
Sherriffs Fee Sale 10.00
Sheriffs Fee Deed 10.00
Total $2,002.02
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 AFFIANT S A 1TH NAUGHT.
)aLl
y: Megan Ih
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan Ihle as attorney of Castle
000314
(Sign tre pf notarj officer)
Title (and Rank)
My commission expires: 5
ertificate of Sale
artin 11 -07716
Page 7 of 7