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Home My WebLink About9608406011120020 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 000169 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 7, 2007, executed and delivered by Alan J Whitman and Kristi K Whitman to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns and (b) that certain mortgage dated March 7, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 12, 2007, at Reception No. 927543 in Book 651 at Page 59 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 PARCEL OF LAND IN SECTION 13, TOWNSHIP 31 NORTH RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NE1 /4NE1/4 OF SAID SECTION 13 AND RUNNING THENCE SOUTH, 10 RODS, ALONG THE EAST BOUNDARY LINE OF SAID SECTION 13; THENCE WEST, 12 RODS; THENCE NORTH, 10 RODS, MORE OR LESS, TO THE NORTH BOUNDARY LINE OF SAID SECTION; THENCE EAST 12 RODS, MORE OR LESS ALONG SAID NORTH BOUNDARY LINE TO THE POINT OF BEGINNING. with an address of 2222 Dry Creek Rd, Afton, WY 83110 -9764 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: June 21, 2011 Assignment recorded: July 20, 2011 Assignment recording information: at Reception No. 960146 in Book 769 at Page 575 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, Bank of America, N.A., COSPkg RECEIVED 9/6/2011 at 2:05 PM RECEIVING 960840 BOOK: 772 PAGE: 169 JEANNE WAr LINCOLN COUNTY CLERI., „"JIMERER, WY Certificate of Sale Whitman 11 -08139 Page 1 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 6th day of September 2011. STATE OF WYOMING COUNTY OF LINCOLN By: 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 Sept. 2011. My Commission Expires: COSPkg Witness my hand and official seal. SAVANNA L• KRALL NOTARY PUBLIC COUNTY STATE OF LINCOLN •t;1V�, WYOMING My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Cory Stoof Title: Deputy Sheriff Notary Public 000170 Certificate of Sale Whitman 11 -08139 Page 3 of 7 000171 successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 8, 2011 issue of said newspaper and ending with the August 29, 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 $154,080.32 "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $2,051.14 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. COSPkg Certificate of Sale Whitman 11 -08139 Page 2 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 7, 2007 (the "Mortgage and recorded on March 12, 2007, at Reception No. 927543 in Book 651 at Page 59 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 Alan J Whitman and Kristi K Whitman "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: June 21, 2011 Assignment recorded: July 20, 2011 Assignment recording information: at Reception No. 960146 in Book 769 at Page 575 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. NOI: 70110470000202713425 CERTIFIED MAIL NO. FSN: 701027800001028732379 Bank of America, N.A. as successor by merger to BAC Horne Loan Servicing, L.P. fka Countrywide Horne Loan Servicing, L.P. 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000758750 CERTIFIED MAIL NO. FSN: 71969009843000761620 CURRENT RESIDENT 2222 Dry Creek Rd Afton, WY 83110 -9764* COSPkg EXHIBIT A SS 000172 CERTIFIED MAIL NO. NOI: 71969009843000758743 CERTIFIED MAIL NO. FSN: 71969009843000761637 Alan J Whitman 2222 Dry Creek Rd Afton, WY 83110 -9764* CERTIFIED MAIL NO. NOI: 71969009843000758736 CERTIFIED MAIL NO. FSN: 71969009843000761644 Alan J Whitman 1648 Heritage Pkwy Syracuse, UT 84075 -7068* CERTIFIED MAIL NO. NOI: 71969009843000758729 CERTIFIED MAIL NO. FSN: 71969009843000761651 Alan J Whitman 2222 Dry Creek Road Afton, WY 83110* Certificate of Sale Whitman 11 -08139 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000758712 CERTIFIED MAIL NO. FSN: 71969009843000761668 Kristi K Whitman 2222 Dry Creek Rd Afton, WY 83110 -9764* CERTIFIED MAIL NO. NOI: 71969009843000758705 CERTIFIED MAIL NO. FSN: 71969009843000761675 Kristi K Whitman 1648 Heritage Pkwy Syracuse, UT 84075 -7068* CERTIFIED MAIL NO. NOI: 71969009843000758699 CERTIFIED MAIL NO. FSN: 71969009843000761682 Kristi K Whitman 2222 Dry Creek Road Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000758682 CERTIFIED MAIL NO. FSN: 71969009843000761699 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834* 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 8, 2011. State of Wyoming County of Natrona My commission expires: 1—/ 9 COSPkg NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ,ires .Jr, a 19 2015 FURTHER AFFIANT SAYETH NAUGHT. Title (and I aFlk) 000173 CERTIFIED MAIL NO. NOI: 71969009843000758675 CERTIFIED MAIL NO. FSN: 71969009843000761705 Countrywide Home Loans, Inc. MS SV -79 Document Processing P.O. Box 10423 Van Nuys, CA 91410 -0423* CERTIFIED MAIL NO. N01: 71969009843000758668 CERTIFIED MAIL NO. FSN: 71969009843000761712 Countrywide Home Loans, Inc. 4500 Park Granada MSN SVB -314 Calabasas, CA 91302 -1613* CERTIFIED MAIL NO. NOI: 71969009843000758651 CERTIFIED MAIL NO. FSN: 71969009843000761729 Alan J Whitman P.O. Box 361 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000758644 CERTIFIED MAIL NO. FSN: 71969009843000761736 Kristi K Whitman P.O. Box 361 Afton, WY 83110 Mega6 Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 3 day of C'uL.T,- 2011 by Megan Ihle as attorney of Castle Stawiarski, LLC. l v2�- c�j Os✓tita7 (Signature of notarial officer) Certificate of Sale Whitman 11 -08139 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 March 7, 2007, executed and delivered by Alan J Whitman and Kristi K Whitman ("Mortgagor(s)") ,to.MortgageElectronic Registration Systems, Inc., as nominee for Countrywide Home Loans,'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 March 12, 2007, at Reception No. 927543 :inBook 651, at Page 59 in the records of the office of the County Clerk and exofflcio Register of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the mortgage was assigned for value as. follows: Assignee: BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servicing, L.P. Assignment' dated: June 21, 2011 Assignment recorded: July 20, 2011 Assignment recording information; at Reception No. 960146 in Book 769 at Page 575 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 $150,960,41 which sum consists of the unpaid principal balance of $145,319,66 plus interest accrued to the date of the first pub- lication of this notice in the amount of $5,640.75, 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 America, N.A. as successor by merger to BAC Home Loan'Servicing, L,P. fka Countrywide Homer oan Servic- provided by causin ing, L.P, as the Mortgagee, will have the Mortgage for 1 mortgaged p rec osed as by law to be sold at public venue g the' by the Sheriff or Deputy Sheriffin,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: SECTION 13 T SHIP 31 NORTH ,WEST OF THE 6TH P.M. COUNTY, WYO- MING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE RANGE A PARCEL 119 OF LAND IN OWI LINCOLN NE1/4NE1 /4 OF SAID; SECTION 13 AND RUNNING THENCE SOUTH, 10 RODS, ALONG THE. EAST BOUNDARY LINE' OF SAID SECTION 13; THENCE WEST, 12 RODS;! THENCE NORTH, Y'0 RODS, MORE OR LESS,' TO`.THENORTHBOUNDARY LINE OF SAID SECTION; THENCE EAST 12 RODS, MORE OR LESS ALONG SAID NORTH BOUNDARY LINE TO THE POINT OF BEGINNING. with an address of 2222 Dry Creek Rd, Afton, WY 83110- 9764. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Bank ofAlnrica, N.A. as successor by merger to BAC Home Loan Servicing, L.P. fka "Countrywide Home Loan Servicing, L.P. B y: Castle. Stawiarski, LLC 330 S. Walsh Drive, Ste.' 202 Casper, WY 82609-0000 (307)'333``5379 PUBLISH: August 4, 11, 18, 25, 2011'(11- 08139) 0804D 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 consecutive issues /weeks; the first publication being on the 4 day of KEMMERER, WYOMING and the last publication being on the Z5 day of 20 I I and that said adve'" sement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Notary Sig ,20 U Michael Je sen Publisher Subscribed in my presence and sworn to before me on this 2t day of ttle A.D., 20 f, N by"M4rchael Jensen, Publi STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPEl.I 'i' •1. NOTARY PUBLIC County of r State of Lincoln. Wyoming My Commis slhn r,: Allay 5, 2012 ,(/(LP /1, u re 000174 Certificate of Sale Whitman 11 -08139 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 $2,051.14 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM 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 Total 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. y t -eo y y: Meg p Ihle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on 3 day of Cad., 2011 by Megan 'hie as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER ;TATS OF WYOMING r:7O1.UNI Y OF NATRONA ommission Ex Irefi J;,n 13 2015 My commission expires: 1 -1 9 -/J^ COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) Title (and R nlf() 600.00 655.00 145.34 11.00 496.80 25.00 50.00 26.00 11.00 11.00 10.00 10.00 $2,051.14 Certificate of Sale Whitman 11 -08139 Page 7 of 7 000175