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HomeMy WebLinkAbout960182La mAck41 00,0651 *Corrective Certificate of Sale being recorded to add notary stamp to notary acknowledgement on the Exhibit C Affidavit of Attorney of Certificate of Sale recorded July 5, 2011 at Reception No. 959937 in Book 768 at Page 842. STATE OF WYOMING COUNTY OF LINCOLN COSPkg CORRECTIVE CERTIFICATE OF SALE SS (Y1. Shoes Eoanu► sin n 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 6, 2007, executed and delivered by Micah Burridge to Mortgage Electronic Registration Systems, Inc., as nominee for Indymac Bank, F.S.B., a Federally Chartered Savings Bank its successors and assigns and (b) that certain mortgage dated April 6, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 16, 2007, at Reception No. 928472 in Book 654 at Page 628 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 B -.1 OF RIVERVIEW TOWNHOMES WEST ADDITION TO THE TOWN OF ALPINE, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED NOVEMBER 27, 2001 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 188 -B. with an address of 504 Snake River Drive B1, Alpine, WY 83128 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: May 11, 2011 Assignment recorded: May 18, 2011 Assignment recording information: at Reception No. 959329 in Book 766 at Page 777 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, 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 Corrective Certificate of Sale Burridge 11 -06453 RECEIVED 7/22/2011 at 12:06 PM Page 1 of 7 RECEIVING 960182 BOOK: 769 Pi 31 JEANNE WA(Ntrt 00,0652 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 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 $142,000.00 "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 $2,115.86 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 day of `S' „t, 2011. COSPkg m S ■cune_ 7 ^1tn s,ntn Sheriff in and for Lincoln County, State of Wyoming By f?�Gtic 11 AO r at, Print Name: Si126 cicS� Title: epoLi Corrective Certificate of Sale Burridge 11 -06453 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My omrri fission oLt l �;•aa..c 5 3 COSPkg ACKNOWLEDGMENT SS No ary P The foregoing instrument s subs •e•' in my presence and acknowledged before me by L fP, oA Deputy Sheriff of Lincoln County, State of Wy.ming, this ,C4 day of 2011. Witness my hand and official s e a l _IA, ?ires blic Corrective Certificate of Sale Burridge 11 -06453 Page 3 of 7 000653 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 6, 2007 (the "Mortgage and recorded on April 16, 2007, at Reception No. 928472 in Book 654 at Page 628 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 Micah Burridge "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Indymac Bank, F.S.B., a Federally Chartered Savings Bank its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: OneWest Bank, FSB Assignment dated: May 11, 2011 Assignment recorded: May 18, 2011 Assignment recording information: at Reception No. 959329 in Book 766 at Page 777 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. N01: 71969009843000714039 CERTIFIED MAIL NO. FSN: 71969009843000719256 OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101* CERTIFIED MAIL NO. NOI: 71969009843000714022 CERTIFIED MAIL NO. FSN: 71969009843000719263 OCCUPANT 504 Snake River Drive B1 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000714015 CERTIFIED MAIL NO. FSN: 71969009843000719270 Micah Burridge 504 Snake River Drive B1 Alpine, WY 83128* COSPkg EXHIBIT A SS 000654 Corrective Certificate of Sale Burridge 11 -06453 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000714008 CERTIFIED MAIL NO. FSN: 71969009843000719287 Micah Burridge 3036 Hugo St San Diego, CA 92106 -2216* CERTIFIED MAIL NO. N01: 71969009843000713995 CERTIFIED MAIL NO. FSN: 71969009843000719300 Micah Burridge 504 Snake River Dr Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000713988 CERTIFIED MAIL NO. FSN: 71969009843000719317 Micah Burridge 1240 India Street 1801 San Diego, CA 92101* CERTIFIED MAIL NO. NOI: 71969009843000713971 CERTIFIED MAIL NO. FSN: 71969009843000719324 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 FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 9 day of C� 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA ammission Ex fires Jan 19 2015 My commission expires: COSPkg ain 1 L Q P y: Megan Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 as (Signature of n tarial officer) 000655 Title (and Ran Corrective Certificate of Sale Burridge 11 -06453 Page 5of7 1? a KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming CLOSURE> THEREAS, de fault 4n3the paym ent' bf4principal sand Interest has oc- curred utl lerthe tells of'a promissory note.(theNote ")'dated April 6, 2 exe cu t edand d elivered by 'h oahtIBurridgew teMertgagor(s) Mortgage Electronic Registration Systems, The., as nominee lndymac Batik` ES B a Federally "a chartered Savings B '►k' its successors and assigns; a real estateiiiiortgage, (the" Mortgage of the same date securing wthe°Note which Mortgage; w eite`cliteil executed and delivered by said Mortgagor(s), to •said;Mortgagee, and whicl► Mortgage' was °recordeil'on April 16;'2007, at Reception No. 928472 in Tiook 654 atPage 628 in thO'Tecordt: Of the office of the County Clerk and ex-- officio'Register'of Deeds in andfor Lincoln County, State'ofWyotiiing; and WHEREAS, the Vas assigned °for value as follows: Assignee: aOneWest Bank, FSB Assignment dated May 11, 2014 Assignment recorded May 18, 2011 Assignment recording information`: at Reception No 959329 in Book 766 atPage 7 All irithe records of the County ex officio Register of Deeds in and 'fon LincolniCounty, Wyoming WHEREAS, the Mortgage contains °a power of sale which by reason of said default; the Mortgagee declares to have become operative, andno suit or proceeding has been instituted at law to recover the debt secured by the M'ort`gag or`anypart thereof such suit or proceeding been institutOlati'd'the^ same discontinued; and WHEREAS, `written notice of intent to foreclose the Mortgage tise adver <and al0,,h been een:` s ?upon the, record owner and the `party inpb ent s session of the mortgaged premises at least ten (10) days prior to the ;conuneucement,of;,this publication, and t he..arnourit.due.upon'the Mortgage on the date of first publication of this notice of sale being the total' sum of $1 which sum consists of°,the,unpaid principal balance of $1,88,000 00 plus, interest accrued to the date of the first pub- lication of,tliis notice:in the amount of.$S,087 93 ,plus attorneys' fees, costs,expended .and accruing, int er est and late, charges after the dateof first publ cation of Allis notice of sale, WHEREA$ The property,beuig foreclosed upon may be subJect to other liens and encumbrances that'will uotj extinguished at the', ale. Any ,prospective purchaser should research, file status 4 of title before submitting a bid NOW, THE OneWest Bank, FSB, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the'Mortgaged property to be sold at public venue by the: Sheriff D oreputy Sheriff in and for Lincoln County, Wyoming to tl*highest bidder for cash at 10:00 o'clock in the forenoon on July 5, y20J 1 at file front t' door of the.Lincoln County Courthouse located at 925 the above Sage Kemmerer, WY; Lincoln County, for application oil d "escribed amounts secured by the Mortgage saidfm;ortgaged property being` described as follows to -wit: I OT. B 1, OF RIVERVII:W TOWNfHOMES WES A DDITION TO THE TOWN,GIFALI' ;Lll`JCOLNCOUNTY,WYOMTNGACCORD- ING TO T PLAT ICI ED NOVEMBER 2,'7, 2001 IN TIE OFFICE ?THE INCOLN COUN Y CL R A PLAN NO 188-B. with,an,ad ess of 504 S ake River Dr ve Bl Alpwe WY 83128. t naefiher with'.all .ihriiirovemen thereon, situate an a ll fixtures a nd OneWest Bank FSB B y Castle Stawi'ars LLC 330 S. Walsh Drive Ste. 202 Casper, WY.82609 -0000 (307),333 5379 0609 D ereto.• 23, 30, 2011(11 -06453 EXHIBIT B PUBLISHER'S AFFIDAVIT by. 1.1 el Jensen, Publis Notary Sign re KEMMERER, WYOMING Mich nsen, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC County of °'a State of Lincoln Wyoming My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this g6 day of C t WU. A.D., 20 (I 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 4 consecutive issues /weeks; the first publication being on the g day of (l1rL� 20 1 and the last publication being on the i) day of 1111,, 20 U1 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 000847 000656 Burridge 11 -06453 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 $2,115.86 as compensation for services actually rendered in the foreclosure proceeding. 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 Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed FTP Update Total $2,115.86 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. ETH NAUGHT. J -2 47 FURTHER AFFIANT State of Wyoming County of Natrona day of Stawiarski, LLC. c TARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA 9n,rritanlon Ex Ives Jan 19 2015 My commission expires: l rr 9 /s' COSPkg EXHIBIT C 0 AFFIDAVIT OF ATTORNEY SS By: Megan ile Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signatu re o`f notarial officer) Title (and R nk� 700.00 745.00 78.26 8.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 25.00 This instrument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle Corrective Certificate of Sale Burridge 11 -06453 Page 7 of 7