Loading...
HomeMy WebLinkAbout9610726011120158 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 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 July 10, 2006, executed and delivered by Cathy A. Petersen to Wells Fargo Bank, N.A. and (b) that certain mortgage dated July 10, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 20, 2006, at Reception No. 920424 in Book 626PR at Page 861 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 85 OF PRATER CANYON ESTATES PLAT 4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 6, 1970 AS INSTRUMENT NO. 423838 OF THE RECORDS OF THE LINCOLN COUNTY CLERK, with an address of 47 Aztec DR, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 00011$ 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 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 COSPkg RECEIVED 9/20/2011 at 12:39 PM RECEIVING 961072 BOOK: 773 Par=P 1 18 JEANNE V1- Certificate of Sale Petersen 11 -11436 Page 1 of 7 000119 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 $282,080.09 "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 $2,194.70 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 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: Print Name: Cory Stoof Title: Deputy Sheriff Certificate of Sale Petersen 11 -11436 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 20th day of September 2011. Witness my hand and official seal. Jenny Clarks- Notary Public C ounty of 4 State of Lincoln Wyoming My Commission t xpirrs 7 1 8 11 Certificate of Sale Petersen 11 -11436 Page 3 of 7 000120 AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE STATE OF WYOMING SS COUNTY OF NATRONA 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 July 10, 2006 (the "Mortgage and recorded on July 20, 2006, at Reception No. 920424 in Book 626PR at Page 861 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 Cathy A. Petersen "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. is the named mortgagee. 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: 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. NOI: 71969009843000772954 CERTIFIED MAIL NO. FSN: 71969009843000777522 CURRENT RESIDENT 47 Aztec DR Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000772947 CERTIFIED MAIL NO. FSN: 71969009843000777539 Cathy A Petersen 47 Aztec DR Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. N01: 71969009843000772930 CERTIFIED MAIL NO. FSN: 71969009843000777546 Cathy A Petersen PO Box 969 Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000772923 CERTIFIED MAIL NO. FSN: 71969009843000777553 Cathy A Petersen PO Box 969 Star Valley Ranch, WY 83127 -0969* COSPkg EXHIBIT A 000121 Certificate of Sale Petersen 11 -11436 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000772916 CERTIFIED MAIL NO. FSN: 71969009843000777560 Cathy A Petersen 145 Tennis Ct Wall, NJ 07719* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 12, 2011 and the date of the first publication of the notice of foreclosure sale was August 25, 2011. State of Wyoming County of Natrona s NOTARY PUBLIC CRYSTAL L BARNES STATE OF WNYOMING COUNTY OF NATRONA Commission Ex•ires Jan 19, 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. I By: Megan lhle Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 1 day of 2011 by Megan 'hie as attorney of Castle Stawiarski, LLC. C PICL-0 6a,nt.91J (Signatute 9f n tarial offi er MOO Pdb) Title (and Rank) iv HQ 000122 Certificate of Sale Petersen 11 -11436 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE- WHEREAS, default in thepayment p rincipal and interest has oc- curred 'under the terins;of a promissory note i(the "Note dated July 10, 2006,' executed and delivered by'Cathy P etersen "Mortgagor(s)?') to Wells Fargo" Bank, "N.A and^�a ;real estate mortgage (the `Mortgage of the same date securing the Note, which Mortgage was executed and delivered by said �Mortgagoir(s); <to aid Mortgagee, and which Mortgage was recorded on July 20, 2006, at Reception No. 920424 in Book 626PR at Page 861' in the recorcis o the office of the'County Clerk and ex- officio Register-of Deeds" in and for` ^Lincoln County State o f Wyoming; and WHEREAS the Mortgage contains• a power of sale which by'reason of said default,.:thei Mortgage "e declares to. have become operative, and no suit or.proceeding ini been instituted' at law -to recover the debt secured by the Mortgage,, or any-part thereof, nor;has,any such suitor�proceeding been instituted and the same discontinued and WHEREAS wrtitten do c foreclose the Mortgage by advertisement; and s ale .has been se rv�ed,upon th e record owner w and the party in posaesston o if e.mortg g d Premises at leas ten (10) days: prior to the commencemt f his 1ieato i, and the am d ue upon the Mortgageon the date o first t pt blicati of this notic o of: sale being the total sum of $278,923.83 which stun consists of the unpaid principal balance of "$:S 23 plus i t rest aGosue PD the d ate o the first pub- lication of this not in the of w $8 438.60 plus attorneys' fees, costs expende and accruing int erest and late charges ,a ter first, publication of this notice of the date of sa WHEREAS, The property being f oreclose d upo may be subject to o ther liens and encumbrances that will. n be extinguished at the sale. Any prospective purchaser, should research the status 'of title' before submitting 'a`bid NOW, THEREFORE Welis 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 l y'the She or D Sheriff in and for Lincoln County, Wyo. g to th highest hidder,for cash at 10:00 o' clock in the forenoon on September,20, 2 01 1 at the front door of the Lincoln County,. Cdurthouse 'located''at'925`S'age' Kemmerer, WY, Lincoln County, for application on the above-described amounts. secured b the Mortgage' said mortgaged property being described as follows, to -wit: LOT 85 OF PRA`I"ER., CANYON ESTATES PLAT' 4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFr4CIAL PLAT FILED ON JULY 6,°,1970 AS YN NO 423838 OF' THE RECORDS OF' THE LINCOLN COUNTY CLERK with an address of 47 Aztec! DR Star V `Ranch, W' 83127. Together with all improvements 'thereon situate and all fixtures and appurtenances thereto. Wells Taiga Bank, N.A. B Castle Stawiarski, LLC 330 S. Walsh 'Drive, Ste. 202 Casper,',WY 82609 -0000 3 0 7) 333 5379 PUBLISH: August 25'; Sept. 1;'8.15, 2011 (11- 11436) 0825H EXHIBIT B PUBLISHER'S AFFIDAVIT 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 4 consecutive issues /weeks; the first publication being on the day of and the last publication being on the i, day of T,,9lV 20 1% and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC County of State of Lincoln a Wyoming My Commission Expires May 5, 2012 Notary Sig Subscribed in my presence and sworn to before me on this day of A.D. 000123 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Zf Petersen 11 -11436 Page6of7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee 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 State of Wyoming County of Natrona COSPkg 4114.1': EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $2,194.70 as compensation for services actually rendered in the foreclosure proceeding. Megan Ihle, of lawful age, being first duly sworn upon her oath, deposes and says: 700.00 937.00 55.90 358.80 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,194.70 000124 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 YETH NAUGHT. 1 L,LIA -'By: Mega !hie Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 T is instrument was acknowledged before me on day of SeP be; 2011 by Megan lhle as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19, 2015 Title (and R My commission expires: Certificate of Sale Petersen 11 -11436 Page 7 of 7