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HomeMy WebLinkAbout960481CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 000699 7. Shane T�n50h 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 November 24, 2008, executed and delivered by Veronica Avila and Javier F. Avila to Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company, its successors and assigns and (b) that certain mortgage dated November 24, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 26, 2008, at Reception No. 943856 in Book 709 at Page 885 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 12 IN BLOCK 25 IN THE FIRST ADDITION TO THE CITY OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 301 Quartz Street, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 9, 2011 Assignment recorded: June 14, 2011 Assignment recording information: at Reception No. 959647 in Book 768PR at Page 30 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, Wells Fargo Bank, N.A. "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 Certificate of Sale Avila 11 -08061 RECEIVED 8/9/2011 at 10:51 AM Page 1 of 7 RECEIVING 960481 BOOK: 770 PAGE: 699 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY 000700 four (4) consecutive weeks, commencing with the July 14, 2011 issue of said newspaper and ending with the August 4, 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 August 9, 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 $262,565.72 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,156.70 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 August 9, 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 cj day of ti s 2011. COSPkg Sheriff Mn and for Lincoln County, State of Wyoming By: Print Name: Corti Title: Certificate of Sale Avila 11 -08061 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by ary S-frroc Deputy Sheriff of Lincoln County, State of Wyoming, this 9 day of 2011 My Commission Expires: SM,C Notar u.li� County a a State of Lincoln a E 'Morning 11 My Commission F_xpi COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Certificate of Sale Avila 11 -08061 Page 3 of 7 000701 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000702 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 November 24, 2008 (the "Mortgage and recorded on November 26, 2008, at Reception No. 943856 in Book 709 at Page 885 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 Veronica Avila and Javier F. Avila "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for SecurityNational Mortgage Company, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 9, 2011 Assignment recorded: June 14, 2011 Assignment recording information: at Reception No. 959647 in Book 768PR at Page 30 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: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. N01: 71969009843000739216 CERTIFIED MAIL NO. FSN: 71969009843000743435 OCCUPANT 301 Quartz Street Kemmerer, WY 83101" CERTIFIED MAIL NO. NOI: 71969009843000739209 CERTIFIED MAIL NO. FSN: 71969009843000743442 Veronica Avila 301 Quartz Street Kemmerer, W Y 83101* COSPkg Certificate of Sale Avila 11 -08061 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000739193 CERTIFIED MAIL NO. FSN: 71969009843000743459 Veronica Avila 1062A Cabrillo Park Dr Santa Ana, CA 927014443* CERTIFIED MAIL NO. NOI: 71969009843000739186 CERTIFIED MAIL NO. FSN: 71969009843000743466 Javier F Avila 301 Quartz Street Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000739179 CERTIFIED MAIL NO. FSN: 71969009843000743473 Wyoming Department of Revenue Herschler Bldg, 2nd Floor West Cheyenne, WY 82002* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 29, 2011 and the date of the first publication of the notice of foreclosure sale was July 14, 2011. State of Wyoming County of Natrona 1 4 day of Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. ti NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING ,,r• COUNTY OF NATRONA Commission Ex.iresJan 19, 2015 My commission expires: R 15 cvn (Ai-4 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 !hie as attorney of Castle (Signature Title (and Rank) 000703 Certificate of Sale Avila 11 -08061 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTIC WHEREAS default the payment of prmclpal and intere curred under the terms of a promissory note (the Note 2'4, 2008, executed and delivered by 'Veronica Avila and JavierF. A a `Mortgagor(s)) to Nlo`rtgagel✓ ectronic Registration `ystems Inc a nominee for SecurityNationalMortgage Company,'its successor an assigns, and a real estate rnortgage (the< "Mort gage of the same date securing the Note, which Mortgage was executed and delivered by said N Mortgagor(s), to said Mortgage cepti on N and o. which .ManinB oortgage, w70a9r.as recorded on g i ovember 26, 2008, at Re n the records of the office of the County Clerk and ex- officio ok at:Pa Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the mort gage,was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 9, 2011 Assignment recorded: June 14, 2011 Assignment recording information: at Reception No. 959647 in Book 768 at Page 30 All in the records of the County Clerk and ex-officio Register of Deeds in and for Lincoln Count, Wyoming WHEREAS, the Mort 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,re r, the debt secured by the Mortgage, or any part thereof, nor has an by 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 being the total sum of $256,60.0.64 whicth, sum consists of ,the unpaid, principal bal of $247,513.23 plus interest accrued to the date of the first pub= lication of this notice in the amount of $10,233.49, 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 upon may�besubject to other'liens an d encumbrances' that Will not be extinguished at the sale; Any prospective purchaser should research a bid the status c f title before submitting NOW, THEREFORE Wells Fargo Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by law provided by causg the mortgaged property to be sold at public venue by the Sheriff or D Sheriff in cashi at 10.00 to e Lincoln r W S, Lincoln ecuied by the to -wit:, CITY CRIBED 01. 'tures and and for Lincoln County, Wyoming to the highest bidde o'clock in the forenoon on August 9, 2011 at; theftont4doq County Courthouse located at 925 Sage Avenue, Kemtipep County, for application on the above- described amp. is Mortgage, said mortgaged property being described, LOT 12. IN BLOCK 25 IN; THE FIRST ADD1TI( OF KEMMERER, LINCOLN COUNTY ON THE OFFICIAL PLAT THEREOF.' with an address of „391i Quartz Street, Kem Together with all improvements thereon situa appurtenances thereto. Wells Fargo Bank, N. By Castle S tawtarski, LLC 3 0 S Walsh Drive, Ste. 307) 202 8 -0000 p PUBLISH: July 14; 21, 28, August 4, 201:1 (11- 0806'1) 33 7 5379 14A PUBLISHER'S AFFIDAVIT try"Mic ae RQSI MARY CAPELI N NOTARY PUBLIC *NOY et '.t; Sate of tate* d *yawls ei!>w Vey S,2012 nsen, Pu 1 it l .i. Notary nature sen, Publisher EXHIBIT B 000904 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 1 j day of IJJ.l and the last publication being on the 4 day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mich emit Z 11 Subscribed in my presence and sworn to before me on this -I day of C tus A.D. 01:11 is iiPt.44 Avila T 1 UtSUtil Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 $2,156.70 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN FTP Updated Conduct Sale Record Cert of Sale Record Assn Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,156.70 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. State of Wyoming County of Natrona This day of his ins Stawiarski, LLC. NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA My Commission Ex fires Jan 19, 2015 My commission expires: COSPkg 1 ►5 0 (Sign Title (and Rank) LAJLe By: Mega Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 650.00 880.00 55.90 427.80 25.00 50.00 26.00 11.00 11.00 10.00 10.00 rument was acknowledged before me on 2011 by Megan Ihle as attorney of Castle n notaria fficer) t abl i C 000705 Certificate of Sale Avila 11 -08061 Page 7 of 7