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CERTIFICATE OF SALE
STATE OF WYOMING
SS
COUNTY OF LINCOLN
00060.
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 January 30, 2008, executed and delivered by Jon
L. Klaczkiewicz to Mortgage Electronic Registration Systems, Inc., as nominee
for Countrywide Bank, FSB its successors and assigns and (b) that certain
mortgage dated January 30, 2008 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on February 26, 2008, at Reception No. 937198 in Book 688
at Page 14 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:
UNIT 2 (INCORRECTLY SHOWN AS UNIT 4 ON MORTGAGE,
SCRIVENER'S ERROR AFFIDAVIT WAS RECORDED IN
LINCOLN COUNTY ON 1/21/11 AT 957738 IN BOOK 761 PAGE
149 CORRECTING THE LEGAL DESCRIPTION ON THE
MORTGAGE TO SHOW UNIT 2) OF MOUNTAINVIEW
TOWNHOMES ADDITION TO THE TOWN OF ALPINE, LINCOLN
COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED
SEPTEMBER 23, 2003 IN THE OFFICE OF THE LINCOLN
COUNTY CLERK AS PLAT NO. 163 -C.
with an address of 155 Morningstar Drive Unit 2, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: BAC Home Loans Servicing, LP
Assignment dated: April 18, 2011
Assignment recorded: May 6, 2011
Assignment recording information: at Reception No. 959199 in Book 766 at Page
404
Assignee: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: July 29, 2011
Assignment recorded: August 8, 2011
Assignment recording information: at Reception No. 960401 in Book 770 at Page
637
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.
Certificate of Sale
Klaczkiewicz 09 -15670
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000692
4. That the power of sale contained in the Mortgage having
been made operative by reason of such default, Bank of America, N.A., as
successor by merger to BAC 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 September 8, 2011 issue of
said newspaper and ending with the September 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 October 4, 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
$161,940.20 "Bid Sum which was bid and offered by Bank of America, N.A.,
as successor by merger to BAC 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 $2,317.32 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 October 4, 2011, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
Certificate of Sale
Klaczkiewicz 09 -15670
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STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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ACKNOWLEDGMENT
By:
SS
SAVANNA L. MALL NOTARY PUBLIC
COUNTY OF STATE OF l 't "sl WYOMING
LINCOLN
My Commission Expires
M. Shane Johnson
Title: Deputy Sheriff
Witness my hand and official seal.
Notary Public
e:
000693
DATED at Kemmerer, Lincoln County, State of Wyoming, this
4th day of October 2011.
Sheriff in and for Lincoln County, State
of Wyoming
N a-
Print' tent TrekiiN
The foregoing instrument was subscribed in my presence
acknowledged before me by C y S.t. of 5;,� v -k-t2 z.: xac
Deputy Sheriff of Lincoln County, State of Wyoming, this 4th day of
October ,2011.
0 1
Certificate of Sale
Klaczkiewicz 09 -15670
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STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
(1uut94
Patricia Anne Michitsch 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 January 30, 2008 (the "Mortgage and
recorded on February 26, 2008, at Reception No. 937198 in Book 688 at Page
14 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 Jon L. Klaczkiewicz
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for Countrywide Bank, FSB its successors and
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: BAC Home Loans Servicing, LP
Assignment dated: April 18, 2011
Assignment recorded: May 6, 2011
Assignment recording information: at Reception No.
404
Assignee: Bank of America, N.A., as successor by
Servicing, LP
Assignment dated: July 29, 2011
Assignment recorded: August 8, 2011
Assignment recording information: at Reception No.
637
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:
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959199 in Book 766 at Page
merger to BAC Home Loans
960401 in Book 770 at Page
Certificate of Sale
Klaczkiewicz 09 -15670
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CERTIFIED MAIL NO. NOI: 70110470000028789666
CERTIFIED MAIL NO. FSN: 70110470000154717885
Bank of America, N.A., successor by merger to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing
LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000780638
CERTIFIED MAIL NO. FSN: 71969009843000788375
CURRENT RESIDENT
155 Morningstar Drive Unit 2
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000780621
CERTIFIED MAIL NO. FSN: 71969009843000788382
Jon L. Klaczkiewicz
155 Morningstar Drive Unit 2
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000780614
CERTIFIED MAIL NO. FSN: 71969009843000788399
Jon L. Klaczkiewicz
PO Box 1632
Wilson, WY 83014 -1632*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 22, 2011 and the date of the first publication of the
notice of foreclosure sale was September 8, 2011.
State of Wyoming
County of Natrona
c �.7,This instrument was acknowledged before me on
41
day of ..1., 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
FURTHER AFFIANT SAYETH NAUGHT.
ateNgefaaaagitersea
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
M Commission Ex Tres 19 2015
.tiarrar�,axx a= sac,:
My commission expires:
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By: Vatilicia Anne
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rd k
000695
Certificate of Sale
Klaczkiewicz 09 -15670
Page 5 of 7
tE SALE N ONCE
WHBI AS,.default iii lie payniento prunbipai an i nterest has oc-
curred tlte,k of aPxamissory note (the "Note'') dated January
30, 2008,�e canted and eli ,yerdby j'on L� aczkiewicz "I tw i g I or(sy')
to M o'rCgae Eleomc 12egistra4on Systems Inc., as nominee far Coun
trywide Bank, FSB its successors an asssigns, and,'a real estate mortgage
(the "Mortgage of the samy e saidate _s g the;Note, which Mortgage
was'ecuted and delid'bdMortgaor(s), to said Mortgagee, and
which ex Mortgage; was r on n ,F+ebruary 26, 2008, at Reception No.
93710,$ in Book 688 at Pag 1 4 i th recor of the office ,of theCounty
Clerk and ex officio register of Deedsin' and forLincoln County, State
of Wyoming, and
EREAS, the mortgage was as value as follows:
Assignee: BAC Home Loans Servicing, LP
Assignment dated Aril l8, 2011,
Assignment recorded: May'6, 2011 at Reception No. 959199 in Book
A ssignment recordingrormation
76
A ssignee: BAC Home Loans Servicing, LP
Assignment dated: July 29,.20;11
Assignment recorded Au gust.8 ormation 2011 at 960401 in Book
Reception No
Assmnf:
770 at Pagigne ent 637
recording i All in the records of the County Clerk, and ex -of fic o Register of Deeds
in and for Lincoln�C
WHEREAS „the Mortgage contains a power of sale which by reason
of said def ault, the Mortgagee declares to have become operative, and no
suit orproceeding. been `instituted at law to recover the debt secured
by the.Mortgage, or antfithereof nor.has any Suc suit or proceeding
been instituted and the sam discontinued; and
WHEREAS, written notice of intent t foreclose the record the Mortgage by the
advertisement and sale has be e n served up owner and
party,in of tbe mot'tgage served v ises at least ten (10) days prior
to the,commencement of :th publication, and the amount due upon;the
Mortgage onathe�.date o first publication of thi notice of sale being the
total sum of 15,8,9 2 2.63 u `which su consists o f the unpaid' principal
bal fo of $133,399 25 plus interest a the, date of the first pub
lication of tlais'notice in t'he a of X25,523.38, plus attorneys' fees
costs expended,and accruing irate est and late charges.afterthe date'of
first publication of s notice of sale,
WHEREAS, The property being foreclosed upon ma be subject to
other `lien ,and °"a ces'that will. not "be extinguished'e'at "the.sale.
Any, prospective'purchaser `should research'the status. o f title before
submitting a bid,"
THEREFORE Banik of America, N,A., successor b y merger to
BACHom Loans Servicing, LP f a Countrywide Home Loans Servic-
ing LP,` as the Mortgagee,;will have the LY ortge foreclosed as` by law
pro vided;by causing the mortgaged property to ga be sold atpublic venue
b y�the Sheriff or Deputy Sheriff;in,and for L incoln County, Wyoming 'to
the'highest bidder for cas at ,10 :001o'clock in the forenoon on October
4 2011 at the front;doo'r.`of the° Lincoln` Coun Courthouse locateation d
5' Avenue, 'Kemmerer, WY n Lincoln County f applic on
the ab Sage ove described amounts secured by the Mortgage, said mortgaged
property being described as follo to
UNIT 2 (INCORRECTLY' SHOWN AS UNIT 4 ON MORTGAGE,
SCRIVENER'S,ERRORA}'HL) ,V T JAS RECORDEDINLINCOLN
COUNTY ON 1/21/11 AT:957738 IN BOOK 7,61 PAGE 149 CORRECT-
ING THE LEGAL DESCRIPTION ON THE MORTGAGE TO S HOW'
UNI 2) OF MOUNTAIN VIE ''TOWNHOMES ADDITION TO
THE
TOWN QFALPI1 NCOLN,COUNTY, WYOMING, ACCORDING
TO THAT PLATs SE,PTEMBER',23,`2003 IN THE O FFICE O F
THE LINCOLN COUNTY CLER ,AS PLAT NO. 163 C.
with,an r' Wi t h s of 155 Morningstar Drive Unit 2, Alpine, WY 8 128.
Together wit all improvements. thereon' situate and all fixtures and
appurtenances thereto
Ban k of America, N. successor py merger to BAC Home Loan
Servicing, LP fka Countrywid Ho Loans Servicing LP
By: Castle Staw arski, LLC
330 S. Walsh Drive„ Ste. 202
09
33' "5379 0908A
PUBLISH: Sent,'' 8,
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B
PUBLISHER'S AFFIDAVIT
I Mana
by Tesoro, Ge
I, Mark Tesoro, 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 e ffeAn.6.4? 20
and the and the last publication being on the 29
day of I2f+PiA e..))) 20_I t
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Mark Tesoro, General Manager
R OSE:MARY CAP LLt (N NOTARY PUBLIC
County of C` State of
Linr.oto Wyoming
...1:....._:-.
My Commission Expires May 5, 2012
Subscribed in my presence and sworn to
befor- me on this day of
;14 I
Notary S
Kemmerer, Wyoming
STATE WYOMING
)ss
County OF
WYOM of Lincoln
A.D., 20 I I
er,
uertiticate of Sale
Klaczkiewicz 09 -15670
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Title Resolution
Record AOM
FTP Update x3
Record Corrective AOM
PUB COST FSN
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
1 ?n',n•+:seIOn Ex Ire? .Jal 19 201
aara,,,rr��,
My commission expires:
9
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 SAYET1H NAUGHT.
SS
Patricia Anne Michitsch, 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 $2,317.32 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,317.32
Title (and Rink
3y': Patricia Anp .'Michitsc
Castle Stawiars'ki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
k
(Signature of notarial officer)
officer)
600.00
622.00
44.72
125.00
11.00
275.00
11.00
510.60
50.00
26.00
11.00
11.00
10.00
10.00
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
c i day of 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Certificate of Sale
Klaczkiewicz 09 -15670
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000697