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Home My WebLink About9610706011119946 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 00004 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 December 10, 2007, executed and delivered by Robert S. Winchell to Mortgage Electronic Registration Systems, Inc., as nominee for Amerisave Mortgage Corporation its successors and assigns and (b) that certain mortgage dated December 10, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 11, 2008, at Reception No. 936194 in Book 683 at Page 627 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 14 OF TRAIL RIDGE SUBDIVISION, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED OCTOBER 21, 2003 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 225 -E. with an address of 635 Buffalo 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: Ocwen Loan Servicing, LLC Assignment dated: May 10, 2011 Assignment recorded: May 19, 2011 Assignment recording information: at Reception No. 959344 in Book 766 at Page 816 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, Ocwen Loan Servicing, LLC "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 COSPkg Certificate of Sale Winchell 11 -05290 RECEIVED 9/20/2011 at 11:54 AM Page 1 of 7 RECEIVING 961070 BOOK: 773 PPr=F• I 04 JEANNE 000105 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the August 25, 2011 issue of said newspaper and ending with the September 15, 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 20, 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 275,000.00 "Bid Sum which was bid and offered by Ocwen Loan Servicing, LLC "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 $2,879.68 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 20, 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 20th day of September 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: A Print me: Cory Stoof Title: Deputy Sheriff Certificate of Sale Winchell 11 -05290 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg 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 7Qth day of September 2011. Witness my hand and official seal. 000106 Je ny Cla Notary 'Pu li County of n\ State of Lincoln ki ,,q1, .1:! Wyoming My Commission Exp h I d Certificate of Sale Winchell 11 -05290 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Danette Baldacci 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 December 10, 2007 (the "Mortgage and recorded on January 11, 2008, at Reception No. 936194 in Book 683 at Page 627 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 Robert S. Winchell "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Amerisave Mortgage Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Ocwen Loan Servicing, LLC Assignment dated: May 10, 2011 Assignment recorded: May 19, 2011 Assignment recording information: at Reception No. 959344 in Book 766 at Page 816 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: CERTIFIED MAIL NO. FSN: Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite West Palm Beach, FL 33409* CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: CURRENT RESIDENT 635 Buffalo Drive Alpine, WY 83128* COSPkg 71969009843000768773 71969009843000777614 100 71969009843000768766 71969009843000777621 CERTIFIED MAIL NO. NOI: 71969009843000768759 CERTIFIED MAIL NO. FSN: 71969009843000777638 Robert S. Winchell 635 Buffalo Drive Alpine, WY 83128* EXHIBIT A SS 000107 Certificate of Sale Winchell 11 -05290 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000768742 CERTIFIED MAIL NO. FSN: 71969009843000777645 Robert S. Winchell PO Box 3633 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000768735 CERTIFIED MAIL NO. FSN: 71969009843000777652 Robert S. Winchell P.O. Box 2432 Granby, CO 80446* CERTIFIED MAIL NO. N01: 71969009843000768728 CERTIFIED MAIL NO. FSN: 71969009843000777669 Robert S. Winchell 3708 Alberta Dr. Fredericksburg, VA 22408* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 8, 2011 and the date of the first publication of the notice of foreclosure sale was August 25, 2011. State of Wyoming County of Natrona (3 day of Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. og, By:T nette Bald'-' Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on Title (and My commission expires:Z /2611 nk) NOTARY PUBLIC DENISE MULL STATE OFWIYYOMJNO COUNTY OF NATRONA Commission Ex ref FO 20 2012 000108 fri 2011 by Danette Baldacci as attorney of Castle (Si •nature of not ciai officer) Certificate of Sale Winchell 11 -05290 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE.SALE NOTICE default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note"); dated December 10, 2007, executed and delivered by Robert S. Winchell "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee :for Amerisave Mortgag e rporation.its successors ig Is and a rea estate mortgage (the, ortga a of,„ e ,ame de, t�? i �ote which, d. y w said Mort at Reception N office,Pf :the Cott Lincoln" County `St ate or wyomung; WHEREAS, themortgage as f°1.1. value Assignee ::iOewen Tom Setvi`c�ing, LLC Assignment dated "lay 1� 20;1 Assignment recorded: May ,19 2011 Assignment recording informaton: at Re ception No 95 766 at Page 816 All in the records' of the County Clerk and ex- officio Regis in and for Lincoln Cou nty Wyoming.." WHEREAS, the Mortgage contains a power of sale which by reason said default the M ortga ee,declares to hav become opera and no suit or proceeding has been instituted at taw to recover the, debt secured by th M ortgage, or niy:part t ?C o pt cee °dri 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 s owner;, and the party in possession of the mortgaged premises atleastten (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 $412,601,69 which sum consists of the unpaid principal balance of $385,261.99 plus interest *accru"ed o'tli'< tion 'of this notice i,tt the amount �t e is expended, and accr interest dste'o f t h e first pub first publication of thts.•nottce of'sale WHEREAS; The property' ig for ter of Deeds eclosed may te'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 Ocwen Loan Servicing, LLC, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at publicvenue b to Sheri f br Depforcasuty Sheriff in and for Lincoln County;Wy� ig.to the highest bidder h at 10:00 o'clock in the forenoon on'Se ptember n 20, 201'1 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, Lincoln County, for application on the above described amounts` secured by the Mortgage, `said:mortgage d p'roperty"being 'described as' follows,' to-wit: LOT 14 OF TRAIL RID SUBDIVISION, LINCOLN COUNTY, WYOMINGACCORDIIVGTQTHAT PLAT FII ED OCTOBER 21, 2003 IN THE OFFICE OF THE LINCOLN CO UNTY CLERK AS PLAT NO. 225 -E. with an, address of 635 Buffalo Drive, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Ocwen Loan Servicing, LLC By: Castle, Stawiarski, "LLC 330 S. Walsh Drive,, Ste. 202 Casper, WY 82609 -0000 PUBLISH: August 25, Sept. 1, g, 15, 2011, (11- 05290) (307) 333 0825A 5379 EXHIBIT B PUBLISHER'S AFFIDAVIT clay of Al A ;t 000109 Subscribed in my presence and sworn to before me on this 1 ej day of A.D., 20 nsen, Publi Notary S KEMMERER, WYOMING y Michael 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 A consecutive issues /weeks; the first publication being on the ZS day of jt and the la t publication being on the 15 20 1t ,20.= and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Sig ned) el Jensen, Publisher" R 05[.MARY CAPELLEN NOTARY PUBLIC County of aft State of Lincoln Wyoming My Commission Expires May 5, 2012 .q.......,....... .4... e.,, -O 10 STATE OF WYOMING )ss. COUNTY OF LINCOLN Winchell 11 -05290 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTPDD X 2 PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed My commission expires:Z ?3 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Danette Baldacci, 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 $2,879.68 as compensation for services actually rendered in the foreclosure proceeding. 900.00 1,195.00 67.08 8.00 150.00 441.60 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,879.68 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 S YETH N L UGHT. 4 l k ►J� y By: D ette BaI W s cci Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 DENISE HULL STATE OF WYOMING COUNTY OF NATRONA Commission Expires Feb 20, 2012 t (Signature of n ari9l o icer) k Jcr r 1,(1- L Title (and( ank) 000110 This instrument was acknowledged before me on 16 day of 50k 2011 by Danette Baldacci as attorney of Castle Stawiarski, LLC. Certificate of Sale Winchell 11 -05290 Page7of7