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HomeMy WebLinkAbout960221STATE OF WYOMING COUNTY OF LINCOLN T 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 September 7, 2006, executed and delivered by Peggyann Novy and Stacey L Bradley to Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank its successors and assigns and (b) that certain mortgage dated September 7, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 11, 2006, at Reception No. 922359 in Book 633 at Page 434 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 CERTIFICATE OF SALE SS LOT 187 NORDIC RANCHES DIVISION NO: 13, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL PLAT THEREOF with an address of 196 Gallup Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: American Home Mortgage Corporation Assignment dated: September 8, 2006 Assignment recorded: September 15, 2006 Assignment recording information: at Reception No. 922476 in Book 789 Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Servicing, L.P. Assignment dated: May 11, 2011 Assignment recorded: June 7, 2011 Assignment recording information: at Reception No. 959568 in Book 708 RECEIVED 7/26/201 at 11:19 AM RECEIVING 960221 BOOK: 769 PAGE 795 JEANNE WAGNER K1 r.ni INTY Cl_ ERK. KEMMERER WY 000795 633 at Page Home Loan 767 at Page 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 Certificate of Sale Novy 11 -06429 Page 1 of 7 000796 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 30, 2011 issue of said newspaper and ending with the July 21, 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 tirne and place specified in said notice of foreclosure sale, to -wit: On July 26, 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 $221,510.15 "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 $2,228.44 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 26, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Novy 11 -06429 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this af, day of `LI, 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires:4 4 COSPkg ACKNOWLEDGMENT SS \no,ne. ToLInscvrw Sheriff in and for Lincoln County, State of Wyoming By: 5 2/61°. Print Name: S \mV Title: The foregoing instrument was subscribed in my presence and acknowledged before me by a Deputy Sheriff of Lincoln County, Stale of Wyoming, this 06 day of 2011. Witness my hand and official seal. Jenny Clarke rke Notary Public County of Y State of Lincoln r,,;; ai Wyoming ot My Commission Expires 000797 Certificate of Sale Novy 11 -06429 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000798 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 September 7, 2006 (the "Mortgage and recorded on September 11, 2006, at Reception No. 922359 in Book 633 at Page 434 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 Peggyann Novy and Stacey L Bradley "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Rocky Mountain Bank its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: American Home Mortgage Corporation Assignment dated: September 8, 2006 Assignment recorded: September 15, 2006 Assignment recording information: at Reception No. 922476 in Book 633 at Page 789 Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment dated: May 11, 2011 Assignment recorded: June 7, 2011 Assignment recording information: at Reception No. 959568 in Book 767 at Page 708 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: 70101870000102235199 CERTIFIED MAIL NO. FSN: 70101870000102243842 BAC Home Loan Servicing, L.P. flea Countrywide Horne Loan Servicing, L.P. 400 Countrywide Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000726759 COSPkg Certificate of Sale Novy 11 -06429 Page 4 of 7 CERTIFIED MAIL NO. FSN: 71969009843000733504 OCCUPANT 196 Gallup Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000726742 CERTIFIED MAIL NO. FSN: 71969009843000733511 Peggyann Novy 196 Gallup Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000726735 CERTIFIED MAIL NO. FSN: 71969009843000733528 Peggyann Novy PO Box 3936 Alpine, WY 83128 -3921* CERTIFIED MAIL NO. NOI: 71969009843000726728 CERTIFIED MAIL NO. FSN: 71969009843000733535 Peggyann Novy PO Box 11479 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000726711 CERTIFIED MAIL NO. FSN: 71969009843000733542 Stacey L Bradley 196 Gallup Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000726704 CERTIFIED MAIL NO. FSN: 71969009843000733559 Stacey L Bradley PO Box 3936 Alpine, WY 83128-3921* CERTIFIED MAIL NO. NOI: 71969009843000726698 CERTIFIED MAIL NO. FSN: 71969009843000733566 Stacey L Bradley PO Box 11479 Jackson, WY 83002* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 13, 2011 and the date of the first publication of the notice of foreclosure sale was June 30, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. By: Megan I le Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 26 day of 2011 by Megan I hle as attorney of Castle Stawiarski, LLC. h ld 4? %1,44(1L (Sign ure of notar 1 fficer) Title (and Rank) 000799 My commission expires: 5 /y COSPkg Certificate of Sale N6vy 11 -06429 Page 5 of 7 DIAHANN FRANKLIN {!7^ STATE OF WYOMING COUNTY OF NATRONA ti Commission Exoiras May 15, 2014 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE .I WHEREAS, default in the payment of principal ,andaiinterest has =oc- curred under the terms of a promissory note the "Note) dateduSeptember 7, 2006, executed and delivered by Peggyann Novy and Stacey I: Bradley "Mortgagor(s) to Mortgage Electronic Registration Systems, `Inc.,' as nominee for Rocky Mountain Bank its successors and assigns and a real estate mortgage (the .*`Mortgage -,of the same date,securinthe Note, which Mortgage was executed and delivered by s d <to said Mortgagee, and which'Mortgage was' recorded on'S'eptember.:11, 2006, at Reception No 922359 i n Book,633 at Page 434 in therecords of the office of the County Clerk and ex- officio RegtsteriotDeeds 'a` ld for Lincoln County, State of Wyoming; and WHEREAS, the mortgage was assigned for value follows,_ Assignee: American Horne Mortgage Corporation: Assignment' dated: September" 8,' 2006 :1 Assignment recorded: September 15, -2006 Assignment recording infoimation "at-ReceptionNo. 922476 in Book 633 at Page 789 Assignee: BAC Hoine Loan Servicing, L.P. Loan Servicing, L.P. Assignment dated: May 11, 2011 Assignment recorded: June 7, 2011 Assignment recording information: at Reception No. 959568in Book 767 at Page 708 All in the records of the County Clerk and ex- officio Register of heeds in and for Lincoln County. Wyoming WHEREAS, the Mortgage contains a power of sale which reason of said default, the Mortgagee declares to have" become operative and no suit or proceeding has been instituted allow to recover the debt by the Mortgage, or any part thereof, nor has any such suit or�proceeding been instituted and the° same discontinued; WHEREAS, written notice' of intent to ..foreclose the x Mortgage by advertisement and" sale has been served upon the record owner 'and the party in possession; of the mortgaged preiiiiSes at least ten (10) days prior to the commencement of this and the amount due upon the Mortgage on the date of first publication of this notice of sale being the total sum of $218,401.59 which ''sum consists of the unpaid principal balance of $211,403.44 plus interest accrued to ttie date of the pub lication of this notice in the amount of $7,893 12: plus attorneys' fees; costs expended, and accruing interest' and late charges after the date` of first publication of this notice of sale, WHEREAS,- The property "being "foreclosed tpon m other liens and encumbrances that will not be extin�gr)Yx Any prospective purchaser shouldrresearch the" submitting a bid; NOW, THEREFORE BAC Home Loan Servicing L P fka Country- wide Home Loan Servicing, I.,.P., as the Mortgagee; will have the Mortgage foreclosed as by law provided by causing the rortgaged property to: be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the high bidder,for ash`<at:10 00..o''clocicwin±ithe forenoon on July 26, 2 est 011 at the front door of the Lincoln County Court house located' at 925`, Sage Avenue KellMterer, Y, Laricolit County, for application on the above-described amounts secured :by, the Mortgage, said mortgaged property being "described.asrfollows, LOT; 187 ,NORDIC RANCHES DIVISION NO LINCQLN COUNTY, WYOMING AS: DESCRIBED IN TICE.OFFICIAL.PLA.' THEREOF.: with an address of 196 Ga11u rive, Etna WY 83118. Together with al improvements thereon situate; acid all f "ture; appurtenances theretp BAC Home Loan Servicing, L.P f ka Count deTome subject, to at the`salp. title before PUBLIS une 30, July 7,14,.21, 20 11: 1110 PUBLISHER'S AFFIDAVIT ROSEMARY CAPE1.EEN NOTARY PUBLIC County* Viyognh$ Mp Commisidon Expires May 5,2012_ By Cas „tle Stawrarski, LLC 330. S. "Walsh Drive,Ste. 202 Cas'p i'Y: 5409 ,0 1 °nrz4MArbaxJ, �Jn.cFJan d EXHIBIT B 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 4 consecutive issues /weeks; the first publication being on the 30 day of and the last publication being on the 21 ,2011 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 2 day of A.D., 20 i f Jensen, Publi Notary Si 000800 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 000801 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 $2,228.44 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Record AOM PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriff's Fee Deed FTP Update x 2 Statutory Notice Fee Total $2,228.44 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. LAI) y: Megan hle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona /J' 4 day of Stawiarski, LLC. COSPkg This instrument was acknowledged before me on 4 2011 by Megan Ihle as attorney of Castle (Sign tuje of no rial officer Title (and Rank) My commission expires: S /c: /ge 600.00 802.00 11.00 483.00 50.00 26.00 11.00 11.00 10.00 10.00 125.00 89.44 Certificate of Sale Novy 11 -06429 Page 7 of 7