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HomeMy WebLinkAbout9607606010918527 CERTIFICATE OF SALE STATE OF WYOMING SS 000801 COUNTY OF LINCOLN 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 March 30, 2005, executed and delivered by Terrence Q. Naef and Jennifer L. Naef to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender and (b) that certain mortgage dated March 30, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 4, 2005, at Reception No. 907454 in Book 582 at Page 374 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 51 IN STAR VALLEY RANCH PLAT 3, AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING. with an address of 188 Pine Drive Thayne, WY 83127 -9016 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: US Bank National Association as Trustee for SARM 05 -19XS Assignment dated: March 26, 2010 Assignment recorded: April 22, 2010 Assignment recording information: at Reception No. 953030 in Book 745 at Page 783 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, US Bank National Association as Trustee for SARM 05 -19XS "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 August 4, 2011 issue of said COSPkg Certificate of Sale Naef 09 -26146 RECEIVED 8/30/2011 at 11 :09 AM Page 1 of 7 RECEIVING 960760 BOOK: 771 PAGE: 801 JET w-- dVAGNER 000802 newspaper and ending with the August 25, 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 30, 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 $276,600.02 "Bid Sum which was bid and offered by US Bank National Association as Trustee for SARM 05 -19XS "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 $6,000.73 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 30, 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 30th day of August 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Cory Stoof Title: Deputy Sheriff Certificate of Sale Naef 09 -26146 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 30th day of August 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public SAN NA L KRALI. NOTARY PUBLIC COUNTY OF STATE OF LINCOLN1. yyyOMING My Commission ExeS 000803 Certificate of Sale Naef 09 -26146 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 March 30, 2005 (the "Mortgage and recorded on April 4, 2005, at Reception No. 907454 in Book 582 at Page 374 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 Terrence Q. Naef and Jennifer L. Naef "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: US Bank National Association as Trustee for SARM 05 -19XS Assignment dated: March 26, 2010 Assignment recorded: April 22, 2010 Assignment recording information: at Reception No. 953030 in Book 745 at Page 783 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: 71969009843000688262 CERTIFIED MAIL NO. FSN: 71969009843000699008 CERTIFIED MAIL NO. NOPP: 71969009843000714268 CERTIFIED MAIL NO. FSN2: 71969009843000759443 Terrence Q. Naef 188 Pine Drive Thayne, WY 83127 -9016 CERTIFIED MAIL NO. NOI: 71969009843000688248 CERTIFIED MAIL NO. FSN: 71969009843000699015 CERTIFIED MAIL NO. NOPP: 71969009843000714275 CERTIFIED MAIL NO. FSN2: 71969009843000759450 Terrence Q. Naef PO Box 1327 Thayne, WY 83127 -1327 COSPkg CERTIFIED MAIL NO. N01: 71969009843000688255 CERTIFIED MAIL NO. FSN: 71969009843000699046 CERTIFIED MAIL N0. NOPP: 71969009843000714305 CERTIFIED MAIL NO. FSN2: 71969009843000759481 Jennifer L. Naef 188 Pine Drive Thayne, WY 83127 -9016 CERTIFIED MAIL NO. NO1: 71969009843000688231 CERTIFIED MAIL NO. FSN: 71969009843000699053 CERTIFIED MAIL NO. NOPP: 71969009843000714312 CERTIFIED MAIL NO. FSN2: 71969009843000759504 Jennifer L. Naef PO Box 1327 Thayne, WY 83127 -1327 Certificate of Sale Naef 09 -26146 Page 4 of 7 0u0804 CERTIFIED MAIL NO. NOI: 71969009843000688224 CERTIFIED MAIL NO. FSN: 71969009843000699022 CERTIFIED MAIL NO. NOPP: 71969009843000714282 CERTIFIED MAIL NO. FSN2: 71969009843000759467 Terrence Q. Naef PO Box 13732 Jackson, WY 83002 CERTIFIED MAIL NO. N01: 71969009843000688200 CERTIFIED MAIL NO. FSN: 71969009843000699039 CERTIFIED MAIL NO. NOPP: 71969009843000714299 CERTIFIED MAIL NO. FSN2: 71969009843000759474 US Bank National Association as Trustee for SARM 05 -19XS 400 Countrywide Way SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000688217 CERTIFIED MAIL NO. FSN: 71969009843000699060 CERTIFIED MAIL NO. NOPP: 71969009843000714329 CERTIFIED MAIL NO. FSN2: 71969009843000759511 Jennifer L. Naef PO Box 13732 Jackson, WY 83002 CERTIFIED MAIL NO. N01: 71969009843000688194 CERTIFIED MAIL NO. FSN: 71969009843000699077 CERTIFIED MAIL NO. NOPP: 71969009843000714336 CERTIFIED MAIL NO. FSN2: 71969009843000759528 Occupant 188 Pine Drive Thayne, WY 83127 -9016 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 18, 2011 and the date of the first publication of the notice of foreclosure sale was August 4, 2011. State of Wyoming County of Natrona ti NA NCY KEEN STATE OF WYOMING COUNTY OF NATRONA Commission Ex. Tres Jan 19 2015 COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: I By: Mega Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of Q� -�,Sr 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. k (Signature of riotarial officer) Title (and Rink Certificate of Sale Naef 09 -26146 Page5of7 000805 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE 2 WHEREAS; default in the payment of principal, and interest has oc- curred under the terms of a promissory note (the "Note dated March 30, 2005, executed and delivered by Terrence Q. Naef and Jennifer L. Naef "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for America's Wholesale Lender, and a re 1. estat0umortgage (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 April 4, 2005, at Reception No. 907454 in Book 582 at Page 374 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: US Bank National Association as Trustee for SARM 05- Assignment dated: March 26, 2010 Assignment recorded riL 22,2 01 Assignment reco d n o a on�t Re`i~ep o No 95' 30 m Book 745 at Page 783 .I All in the records of the County Clerk and ,ex- officio Register of Deeds in and for Lincoln'Cotun g 4 x WHEREAS, Mo the g a ns, iu a� s le 1 0 ebb reason of said default, the Mortgagee dec Ares to have l ecome ope' ative, and no suit or proceeding has been instituted at law to recover the debt secured by the -Mortgage', or any p'art. ,thereof, nor has''a3 Y such suit or r pr oceeding been instituted and the same sconttnne' WHEREAS, written notice of intent to foreclose the Mortgage' by advertisement,and ,sa l as been served on the record owner and the e party in possession o f i ®r g ed p mi e a t (10 ,a prior to the °commencemen o S' n, n amdtiittidhda on the Mortgage on the date of first publication of this notice of sale being the total sum of $274,550.04 which sum consists of the unpaid principal balance of $239,645.65 plus interest accrued to the date of the first pub- lication of this notice in the amount of $34,904.39, 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 prospective purchaser should research the status of title before submitting a bid; NOW, THEREFORE US Bank National Association as Trustee for SARM 05-19XS, 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 August 30, 201i at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for ap- plication on the above described amounts secured by, the Mortgage, said mortgaged property being described as follows, to wit LOT 51 IN STAR VALLEY RANCH AT 3, S PLATTED AND RECORDED IN THE OFFICIAL RE n ®t F L COLN COUNTY, WYOMING. with an address of 188. Pine D riv Together with all improvements "tl appurtenances thereto. US Bank N'" EXHIBIT B PUBLISHER'S AFFIDAVIT STATE OF WYOMING )ss. COUNTY OF LINCOLN KEMMERER, WYOMING 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 consecutive issues /weeks; the first publication being on the 4 day of 20 1 and the last publi on being on the day of 20 L; and that said adve'•' ment appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J Publisher Subscribed in my presence and sworn to before me on this Z'5 day of A.D., 20 l I Jens n, Publishe ,h ROSEMARY CAPELLEN NOTARY PUBLIC County et State e/ Line* %ankle s,ie Any C on n sstoo Expires May 5, 2012 +sa y.sw.w� 04V Ortah Notary Signat irt 000806 VCI IIIIUdle UI JdIC Naef 09 -26146 Page 6 of 7 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 $6,000.73 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 857.00 Statutory Notice Fee 490.88 Publication Cost 2010 455.40 record AOM 8.00 FTP Tax Guarantee x 6 650.00 Pub Costs 2010 2011 1,500.75 Conduct Sale Fee 50.00 Record Cert of Sale 26.00 Record Sheriffs Deed 11.00 PUB COST FSN 441.60 PUB COST NOPP 448.50 PUB COST FSN2 441.60 Sheriffs Fee Sale 10.00 Sheriffs Fee Deed 10.00 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 ETH NAUGHT. fe an1b -i State of Wyoming County of Natrona G 2 S day of Stawiarski, LLC. COSPkg Total $6,000.73 NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 My commission expires: I-1 9-/C EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 (Signature f notarial officer) Title (and Ra9hk) Certificate of Sale Naef 09 -26146 Page 7 of 7 000307