HomeMy WebLinkAbout960579STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000248
_Sinn Tnivn.cnn 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 October 7, 2003, executed and delivered by Lance
W. Bateman and Becky Dannett Bateman to Mortgage Electronic Registration
Systems, Inc., as nominee for Major Mortgage its sucessors and assigns and (b)
that certain mortgage dated October 7, 2003 (the "Mortgage securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on October 14, 2003, at Reception No. 894431 in
Book 538 at Page 479 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:
A PORTION OF THE PROPERTY REFERRED TO IN THE DEED
RECORDED IN BOOK 266PR, ON PAGE 268, WITH THE OFFICE
OF THE CLERK OF LINCOLN COUNTY, WYOMING, WITHIN
THE NORTHWEST QUARTER SOUTHEAST QUARTER OF
SECTION 11, TOWNSHIP 35 NORTH, RANGE 119 WEST, OF
THE 6TH PRIME MERIDIAN, LINCOLN COUNTY, WYOMING.
THE METES AND BOUNDS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A COTTON GIN SPIKE SET MARKING A POINT
IN THE NORTH LINE OF SAID NORTHWEST QUARTER
SOUTHEAST QUARTER, SAID POINT BEING 26.16 FEET
SOUTH 89 °2'35" EAST FROM THE REFERENCED SPIKE
FOUND MARKING THE MARLOWE A. SCHERBEL (PLS 5368)
1992 LOCATION FOR THE NORTHWEST CORNER OF SAID
NORTHWEST QUARTER SOUTHEAST QUARTER; THENCE
SOUTH 89 °02'35" EAST, ALONG SAID NORTH LINE, 577.28
FEET; THENCE SOUTH 0 °53'00" WEST, PARALLEL WITH THE
EAST LINE OF THE WEST HALF NORTHWEST QUARTER
SOUTHEAST QUARTER, 377.18 FEET; THENCE NORTH
89 °02'35" WEST, PARALLEL WITH SAID NORTH LINE, 577.73
FEET; THENCE NORTH 0 °57'07" EAST, PARALLEL WITH THE
WEST LINE OF SAID NORTHWEST QUARTER SOUTHEAST
QUARTER, 377.17 FEET, TO THE POINT OF BEGINNING.
with an address of 532 County Road 112, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: CitiMortgage, Inc.
Assignment dated: June 23, 2011
Assignment recorded: July 5, 2011
Assignment recording information: at Reception No. 959950 in Book 768 at Page
870
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RECEIVED 8/16/2011 at 11:14 AM
RECEIVING 960579
BOOK: 771 PAGE: 248
JEANNE WAGNER
Certificate of Sale
Bateman 11 -09313
Page 1 of 7
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000249
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, CitiMortgage, Inc. "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 July 21, 2011 issue of said
newspaper and ending with the August 11, 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 16, 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
$169,883.96 "Bid Sum which was bid and offered by CitiMortgage, Inc.
"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 $2,072.88 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 twelve (12)
Certificate of Sale
Bateman 11 -09313
Page 2 of 7
000250
months and thirty (30) days from and after August 16, 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
/6P day of LI t ,ws g 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
My Commission Expires: 7 4 II
Ciaane 7a Inn scin
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: ay 9-
Title: S,Aet tie
The foregoing instrument was subscribed in my presence and
acknowledged before me by S4.01.s.
De puty Sheriff of Lincoln County, State of Wyoming, this 1(o day of
9usa- 2011.
Jenny Clarke Notary Public
County of 't,, State of
Lincoln ,k Wyoming
M y Commission Expires
Certificate of Sale
Bateman 11 -09313
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
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 October 7, 2003 (the "Mortgage and
recorded on October 14, 2003, at Reception No. 894431 in Book 538 at Page
479 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 Lance W. Bateman
and Becky Dannett Bateman "Mortgagor(s) the named mortgagor(s), and
Mortgage Electronic Registration Systems, Inc., as nominee for Major Mortgage
its sucessors and assigns is the named mortgagee, which 'Mortgage was
assigned for value as follows:
Assignee: CitiMortgage, Inc.
Assignment dated: June 23, 2011
Assignment recorded: July 5, 2011
Assignment recording information: at Reception No. 959950 in Book 768 at Page
870
All in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, Wyoming; by advertisement 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: 71969009843000744272
CERTIFIED MAIL NO. FSN: 71969009843000749406
CitiMortgage, Inc.
1000 Technology Drive, MS322
0 Fallon, MO 63368 -2240*
CERTIFIED MAIL NO. NOI: 71969009843000744265
CERTIFIED MAIL NO. FSN: 71969009843000749413
CURRENT RESIDENT
532 County Road 112
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000744258
CERTIFIED MAIL NO. FSN: 71969009843000749420
Lance W Bateman
532 County Road 112
Etna, WY 83118*
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Certificate of Sale
Bateman 11 -09313
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000254
CERTIFIED MAIL NO. NOI: 71969009843000744241
CERTIFIED MAIL NO. FSN: 71969009843000749437
Lance W Bateman
PO Box 5042
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000744234
CERTIFIED MAIL NO. FSN: 71969009843000749444
Becky Dannett Bateman
532 County Road 112
Etna, WY 83118*
CERTIFIED MAIL NO. N01: 71969009843000744227
CERTIFIED MAIL NO. FSN: 71969009843000749451
Becky Dannett Bateman
PO Box 5042
Etna, WY 83118*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 7, 2011 and the date of the first publication of the notice
of foreclosure sale was July 21, 2011.
State of Wyoming
County of Natrona
1 -h day of
Stawiarski, LLC.
l l Y1T�'a?d 01114NCf 01 e^ W"- ^P fi2a=:Sf
NOTARY
''4 CRYSTAL L BARNES
5 Ei TA' OF WYOMING
.tip COUN'[ Y OF NATRONA
My Commission Expires Jan 19, 2015
4 _eract.' sota... a rmnaai
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
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By: Megan hle
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
ft
(Signat i'a a of notari I officer)
NokaI
Title (and R nn
Certificate of Sale
Bateman 11 -09313
Page 5 of 7
000252
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE'
WHEREAS, default in the payment of principal and interest has oc-
cu}Ted undetthe;terms ;of npromissory "note (the "Note dated October
7, 2003, executed delivered by Lance W,Bateman and Becky Dannett
Bateman.(" Mortgagor(s)F') to Mortgage, Electronic Registration Systems,
Inc., as nominee for Major Mortgage its sucessors and assigns, and areal
estate mortgage (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 October 14, 2003,
at Reception No. 894431 in Book 538 at Page 479 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: CitiMortgage, Inc.
Assignment dated: June 23, 2011
Assignment recorded: July S,' 2011
Assignment recording information: at Reception No. 959950 in Book
768 at Page 870
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
partyin possession of the mortgaged premises at least ten (10) days prior
to the commencement of this publication, and d the amount due upon;; the
Mortgage on the date of first publication of this notice of sale being the
total sum of $168,122.47 which sum consists of the unpaid principal
balanceof $164,987.26 plus interest accrued to the date of the first tpub-
lication ,this,,notice in the amount, of $3,135.21, plus attorneys' fees,
costs expended,; and accruing interest, and late charges after the date of
first publication of this notice of sale;
WHEREAS, The property being foreclosed upon may be subject to
other liens and encumbrances that will not be extinguished at the sale.
Any protting spectibid; ve; purchaser should research the status of title before
a
NOW, THEREFORE CitiMortgage, Inc., as the Mortgagee, will have
the Mortgage foreclosed as by law provided by causing the mortgaged
property to be sold at "public venue by the Sheriff or Deputy Sheriff' in
and for Lincoln County, Wyoming to the highest bidder for cash at 10:00
o'clock in the forenoon on August16, 2011 at the front door of the Lincoln
County Courthouse located at 925 Sage Kemmerer, WY Lincoln
County, for application on the above de amounts se cured by the
Mortgage, said mortgaged property being descnbedas follows, to -wit:
A PORTION OF' THE PROPERTY REFERRED TO IN THE DEED
RECORDED IN BO 266P ON' PAGE 268, WITH.THE OFFICE
OF' THE ,CLERK ;OFLINCOLN COUNTY, WYOMING, WITHIN
THE NORTHWEST QUARTER SOUTHEAST QUARTER OF "SEC-
TION 1 1, TOWNSHIP 35 NORTH, RANGE 119 WEST, OF'THE 6TH
PRIME MERIDIAN, LINCOLN COUNTY,' WYOMING. 'THE METES
AND BOUNDS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A COTTON GIN SPIKE SET MARKING A POINT
IN THE NORTH LINE OF SAID NORTHWEST QUARTER SOUTH-
EAST QUART „SAID POINT BEING 26.16'FEET SOUTH 89 °2';35”
EAST` TH E REFERENCED' SPIKE FOUND MARKING:THE
MARLOWE A. SCHERBEL (PLS,536$) 1992 LOCATION FOR THE
NORTHWEST CORNER OF SAID NORTHWEST QUARTER SOUTH-
BAST' QUARTER; THENCE SOUTH 89 °02'35" EAST, ALONG SAID
LINT 577.28 FEET; THENCE SOUTH 0 °53'00" WEST
EL WITH THE EAST LINE OF THE WEST HALF NORTH
)U'ARTER SOUTHEAST QUARTER, 377.18 FEET; THENCE
$9 °02'35" WEST, PARALLEL W1TH SAID NORTH LINE,
'FEET; THENCE NORTH 0 57'07 "EAST, PARALLEL WITH
„WEST LINE OF SAID`NORTHWEST QUARTER SOUTHEAST.
TER 377 FEET,' TO THE POINT OF BEGI
'an address of 532 County Road 112, Etna, 'WY'83118
`l with all improvements thereon` situate! and all:'fixtures and
Ctt 9 ,ga e, Inc.
By: Castle S t aw inr
330 S. Walsh Driv S "202
Casper, W 82609-0000
(3 07) 333 5379
antes thereto.
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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
ir
and the last publication being on the
20 AL;
day of
day of
Notary Si
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBLIC
C ounty of Stated
Lincoln
u. 5 Mlyomini
M y Commission Expires May 5, 2012
a M.....,......
Subscribed in my presence and sworn to
before me on this it day of
A.D., 20 l
Bateman 11 -09313
Page 6 of 7
000253
STATE OF WYOMING
COUNTY OF NATRONA
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 $2,072.88 as compensation for services
actually rendered in the foreclosure proceeding.
1 1 1 day of
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN
FTP Updated
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $2,072.88
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 SAYETH NAUGHT.
Meganjlhle
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
Stawiarski, LLC.
awr�.etr t z E r OTARY C ?k 3 r r Er
CRYSTAL L BARNES
STATE O F WYOMING
COUNT OF NATRONA
My Commission Expires Jan 19, 2.015
eau< r, ors:�u«iaa�'.n��re.;�znaa�.se�i
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
600.00
689.00
67.08
8.00
565.80
25.00
50.00
26.00
11.00
11.00
10.00
10.00
This instrument was acknowledged before me on
2011 by Megan Ihle as attorney of Castle
•Vd RalYPLD
(Signs ur of notari officer
0 -1 r� c)
Title (and Ran
1--11
000254
Certificate of Sale
Bateman 11 -09313
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