HomeMy WebLinkAbout9607616011120071
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
00)88
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 26, 2010, executed and delivered by
William A Esperson to Bank of America, N.A. and (b) that certain mortgage dated
March 26, 2010 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on March 31, 2010, at Reception No. 952732 in Book 744 at Page 732
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 25, RIVER VIEW MEADOWS ADDITION TO THE TOWN OF
ALPINE WITHIN THE SE1 /4 OF SECTION 30, T37N, R118W,
ACCORDING TO THAT PLAT NO. 264 -B, FILED JULY 2, 1993 AS
INSTRUMENT NO. 767416
with an address of 326 Snake River Drive, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, Bank of America, 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
four (4) consecutive weeks, commencing with the August 4, 2011 issue of said
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.
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RECEIVED 8/30/2011 at 11:16 AM
RECEIVING 960761
BOOK: 771 PAGE: 808
JEANNE WAGNER
1 i\InrfI RI rnrfI urr.i •a rnv VrRll \\rrfrrf %AI
Certificate of Sale
Esperson 11 -09294
Page 1 of 7
009809
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
$264,910.86 "Bid Sum which was bid and offered by Bank of America, 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 $2,085.06 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.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:�
Print Name: Cory Stoof
Title: Deputy Sheriff
Certificate of Sale
Esperson 11 -09294
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:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
STATE OF
LINCOLN 1(;M' WYOMING
My Commission Expires 1 19.31 15
1iU0810
Certificate of Sale
Esperson 11 -09294
Page 3 of 7
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 March 26, 2010 (the "Mortgage and
recorded on March 31, 2010, at Reception No. 952732 in Book 744 at Page 732
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 William A Esperson
"Mortgagor(s) the named mortgagor(s), and Bank of America, N.A. is the
named mortgagee.
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: 71969009843000751119
CERTIFIED MAIL NO. FSN: 71969009843000759276
Bank of America, N.A.
400 National Way, SV 35,
P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000751102
CERTIFIED MAIL NO. FSN: 71969009843000759283
CURRENT RESIDENT
326 Snake River Drive
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000751096
CERTIFIED MAIL NO. FSN: 71969009843000759290
William A Esperson
326 Snake River Drive
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000751089
CERTIFIED MAIL NO. FSN: 71969009843000759306
William A Esperson
PO Box 3037
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 70102780000105733055
CERTIFIED MAIL NO. FSN: 71969009843000759313
Mortgage Electronic
Registration Systems, Inc.
1901 E Voorhees Street, Suite C
Danville, IL 61834*
CERTIFIED MAIL NO. NOI: 71969009843000751072
CERTIFIED MAIL NO. FSN: 71969009843000759320
Countrywide Home Loans, Inc.
4500 Park Granada
Calabasas, CA 91302 -1613*
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EXHIBIT A
SS
0u0311
Certificate of Sale
Esperson 11 -09294
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000751065
CERTIFIED MAIL NO. FSN: 71969009843000759337
Bank of America, N.A.
101 S. Tyron St.
Charlotte, NC 28255
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 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
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires: /y'
L&Le
By: Mega( Ihle
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
a6' day of aLt 2011 by Megan Ihle as attorney of Castle
Stawiarski, LLC.
ature of I officer)
Title (and Ra
Certificate of Sale
Esperson 11 -09294
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NO TICE
WHEREAS, default in the p o principal and interest h as oc-
curred under the terms of a. promissory note (the `Note dated.Marcb 26,
2010, executed and delivered by`Williarn A Esperson Mortgagor(s)
to Bank of America, N.A., and' a' real 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 March 31, 2010, at Reception No 952732 in Book 744
at Page 732 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 ,contarns 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 th Mortgage, or any part thereof, nor has any such suit or proceeding
been instituted anal 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 $263,775.05 which sum consists of th unpaid principal
balance of $258,608.78 plus interest accrued to the, date of the first pub'
lication, of this, notice in the amount. of $5,1 66 ..22, 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 Bank ,of lm erica, N A. as the l ortgagee 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 3Q 2011 at the front door of the Lincoln
County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln
County, for application on the above described amounts secured by' the
Mortgage, said mortgaged, property being described as follows to -wit:
LOT 25, RIVER. VIEW.MEADOWS ADIDITIONTO THE TOWN
OF ALPINE WITHIN TI-IE SE1 /4 OF SECTION' 30, T37N,.R118W,
ACCORDING TO THAT PLAT NO. 264 -B, FILED JULY; 2, 1993 AS
INSTRUMENT NO.767416
with an address of 326 Snake River Drive, Alpine, WY 83128.
Together with all improvements thereon situate and all fixtures and.
Bank of America, N.A.
By: Castle Stawiarski, LLC
330 S Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
PUBLISH: August 4, 11, 18; 25, 2011(11. 09294) 0804G
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 4
day of
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20 (I
and the last publication being on the 7,`1
day of
,20 tl
and that said adve sement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State d
Lincoln Wyontinl
My Commlastat Expires May S, 2012
Michael 3
Subscribed in my presence and sworn to
before me on this 2! day of
by.M+Elaae, Jensen, Publis
Notary Signa
A.D., 20
u081
Certificate of Sale
Esperson 11 -09294
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN
FTP Update
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriff's Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
State of Wyoming
County of Natrona
My commission expires: 5yvf
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 $2,085.06 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,085.06
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 $rAYETH NAUGHT.
1 L .L(
y: Mega le
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Sig toe of no rial officer)
fri
Title (and Rank)
600.00
902.00
78.26
358.80
25.00
50.00
29.00
11.00
11.00
10.00
10.00
This instrument was acknowledged before me on
2 S day of a,{, p 2011 by Megan Ihle as attorney of Castle
Stawiarski, LLC.
DIAHANN FRANKUN
STATE OF WYOMING
COUNTY OF NATRONA
Commission 1 2014
Certificate of Sale
Esperson 11 -09294
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