HomeMy WebLinkAbout9608396011120uzi
CERTIFICATE OF SALE
STATE OF WYOMING 000162
SS
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 September 15, 2005, executed and delivered by
Ryan Rogers and James Rogers to Mortgage Electronic Registration Systems,
Inc., as nominee for Wallick and Volk, Inc., its successors and assigns and (b)
that certain mortgage dated September 15, 2005 (the "Mortgage securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on September 16, 2005, at Reception No. 911913
in Book 598 at Page 23 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:
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LOT 3, GRAND VIEW ENTERPRISES, INC., TRACT 1 AS
SHOWN ON THE OFFICIAL PLAT THEREOF FILED WITH THE
COUNTY CLERK AT KEMMERER, WYOMING.
with an address of 640 Mountain Drive, Alpine, WY 83128
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: July 18, 2011
Assignment recorded: July 22, 2011
Assignment recording information: at Reception No. 960200 in Book 769 at Page
723
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
four (4) consecutive weeks, commencing with the August 11, 2011 issue of said
Certificate of Sale
Rogers 11 -08237
RECEIVED 9/6/2011 at 2:03 PM Page 1 of 7
RECEIVING 960839
BOOK: 772 PAGE: 162
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000163
newspaper and ending with the September 1, 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 September 6, 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
$97,814.00 "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 $1,934.70 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 September 6, 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
6th day of September 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
Rogers 11 -08237
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by Cory Stoof
Deputy Sheriff of Lincoln County, State of Wyoming, this 6th day of
September 2011.
My Commission Expires:
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Witness my hand and official seal.
Notary Public
.SToYUvv_
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
WYOMING
COUNTY OF
LINCOLN
My Commission Expires
000164
i L l.t i
Certificate of Sale
Rogers 11 -08237
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 September 15, 2005 (the "Mortgage and
recorded on September 16, 2005, at Reception No. 911913 in Book 598 at Page
23 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 Ryan Rogers and
James Rogers "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for Wallick and Volk, Inc., its
successors and assigns is the named mortgagee, which Mortgage was assigned
for value as follows:
Assignee: Wells Fargo Bank, N.A.
Assignment dated: July 18, 2011
Assignment recorded: July 22, 2011
Assignment recording information: at Reception No. 960200 in Book 769 at Page
723
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: 71969009843000757968
CERTIFIED MAIL NO. FSN: 71969009843000766458
CURRENT RESIDENT
640 Mountain Drive
Alpine, WY 83128"
CERTIFIED MAIL NO. NOI: 71969009843000757951
CERTIFIED MAIL NO. FSN: 71969009843000766465
Ryan Rogers
640 Mountain Drive
Alpine, WY 83128*
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EXHIBIT A
SS
Certificate of Sale
Rogers 11 -08237
Page 4 of 7
000165
CERTIFIED MAIL NO. NOI: 71969009843000757944
CERTIFIED MAIL NO. FSN: 71969009843000766472
Ryan Rogers
PO Box 3494
Jackson, WY 83001 -3494*
CERTIFIED MAIL NO. NOI: 71969009843000757937
CERTIFIED MAIL NO. FSN: 71969009843000766489
James Rogers
640 Mountain Drive
Alpine, WY 83128*
CERTIFIED MAIL NO. N01: 71969009843000757920
CERTIFIED MAIL NO. FSN: 71969009843000766496
James Rogers
PO Box 3494
Jackson, WY 83001 -3494*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was July 27, 2011 and the date of the first publication of the notice
of foreclosure sale was August 11, 2011.
State of Wyoming
County of Natrona
S� This i strument was acknowledged before me on
day of 1 t�l1 2011 by Megan Ihle as attorney of Castle
Stawiarski, LLC.
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FURTHER AFFIANT SAYETH NAUGHT.
£<rT,F+Er.�rav3A; �4tF� r,:;•.:' ;.;__.:K.�rE?isr �'.F: i;
NOTARY PUBLIC
CRYSTAL L BARNES
STATE. OF WYOMING
COUNTY OF NATRONA
My Commission Pirflint? Jan 10, 2015
ar«rvnru�rr�u «arm :;a ws�:s:r.;ae.rrsc�
r X) tom. f
'cy: Meg n 'hie
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Sign ture of notarial 'tU
r) Title (and Rank)
My commission expires:
000166
Certificate of Sale
Rogers 11 -08237
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal, and interest has oc
curred under the terms of a promissory note (the "Note") dated September
15, 2005, executed and delivered by Ryan Rogers and James Rogers
"Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as
nominee for Wallick and Volk, Inc., its successors and assigns, 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 September 16,
2005, at Reception No. 911913 in Book 598 at Page 23 in the records
of the office of the County Clerk and ex-officio
for Lincoln County, State of Wyoming; and
WHEREAS, the mortgage was assigned for value as follows:
Assignee: Welts: Fargo Bank, N.A.
Assignment dated' July 18, 2011
Assignment recorded: July 22, 2011
Assignment recording information: at Reception No. 960200 in Book
769 at Page 723
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
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 $128,627.45 which sum consists of the unpaid principal
balance of $123,115.05 plus interest accrued to the date of the first pub
lication of this notice in the amount of $5,512.40, 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 Wells Fargo Bank, N.A., 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 September 6, 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 3, GRAND VIEW ENTERPRISES, INC., TRACT 1 AS SHOWN
ON THE OFFICIAL PLAT THEREOF FILED WITH THE COUNTY
CLERK AT KEMMERER, WYOMING.
with an address of 640 Mountain Drive, Alpine, WY 83128.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
Wells Fargo Bank, N.A.
By Castle Stawiarski., LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 3335379
PUBLISH: August 11, 18, 25, Sept. 1, 2011 (11- 08237) 0811C
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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 1 consecutive issues /weeks;
the first publication being on the I
day of
and the last
day of
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael 3
ROSEMARY CAPELLEN NOTARY PUBLIC
County of State of
Lincoln .'A Wyoming
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
before me on this
Notary
KEMMERER, WYOMING
20 jl
on being on the
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
day of
A.D., 20 H
000167
CertIticate of Sale
Rogers 11 -08237
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
31 3f day of
Stawiarski, LLC.
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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
My commission expires:
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 $1,934.70 as compensation for services
actually rendered in the foreclosure proceeding.
700.00
600.00
55.90
8,00
427.80
25.00
50.00
26.00
11.00
11.00
10.00
10.00
Total $1,934.70
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 AYETH NAUGHT.
YleciaqI ULF
By:
Meg in !hie
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2011 by Megan lhle as attorney of Castle
NOTARY PI )tt
t R`(STAL_ L. Fa A
COUNTY OF NATRONA,
srArr OFWYO U' (Signatu e f notarial off' r)
11>p f utnmisini+ L to >s ,)km E r200
f a� .��.b,.y,'•,�;�wuwyita's.+rc �nMrrcc..:r ;r.<..
Title (and Rank
000168
Certificate of Sale
Rogers 11 -08237
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