HomeMy WebLinkAbout961465(UIUY 2S/(a
STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
000652
iT). Slnnrl ns,0u1 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 29, 2008, at Reception No. 937278 in Book 688
at Page 295 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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UNIT 4, 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 4, Alpine, WY 83128
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., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: May 12, 2011
Assignment recorded: June 8, 2011
Assignment recording information: at Reception No. 959576 in Book 767 at Page
737
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., 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.
RECEIVED 10/18/2011 at 12:22 PM
RECEIVING 961465
BOOK: 774 PAGE: 652
JEANNE WAGNER
I [NMI N C0I INTY (I FRK KFMMFRFR WY
Certificate of Sale
Klaczkiewicz 09 -15662
Page 1 of 7
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 22, 2011 issue of
said newspaper and ending with the October 13, 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 18, 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
Iloa "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 $2,421.00 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 18, 2011, the date of the sale,
unless the property shall have been redeemed as provided by law prior to that
time.
/R
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000653
DATED at Kemmerer, Lincoln County, State of Wyoming, this
day of Qrilobet 2011.
�(1 Sl,\une. 701nAsnuk
Sheriff in and for Lincoln County, State
of Wyoming
Title: Zec Sne c,
Certificate of Sale
Klaczkiewicz 09 -15662
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by o
Deputy Sheriff of Lincoln County, State of Wyoming, this iR day of
k(Ancr 2011.
My Commission Expires:
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Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
My Commission Expires 4I 211 \Th
ACKNOWLEDGMENT
SS
006654
(Li
Notary Public
Certificate of Sale
Klaczkiewicz 09 -15662
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000655
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 29, 2008, at Reception No. 937278 in Book 688 at Page
295 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: Bank of America, N.A., as successor by merger to BAC Home Loans
Servicing, LP
Assignment dated: May 12, 2011
Assignment recorded: June 8, 2011
Assignment recording information: at Reception No. 959576 in Book 767 at Page
737
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: 70110470000052832970
CERTIFIED MAIL NO. FSN: 70110470000154718264
Bank of America, N.A., as successor by merger to BAC Home
Loans Servicing, LP
fka Countrywide Home Loans, Inc.
400 Countrywide Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000793263
CERTIFIED MAIL NO. FSN: 71969009843000798794
OCCUPANT
155 Morningstar Drive Unit 4
Alpine, WY 83128*
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Certificate of Sale
Klaczkiewicz 09 -15662
Page 4 of 7
CERTIFIED MAIL NO. N01: 71969009843000793256
CERTIFIED MAIL NO. FSN: 71969009843000798800
Jon L. Klaczkiewicz
155 Morningstar Drive Unit 4
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000793249
CERTIFIED MAIL NO. FSN: 71969009843000798817
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 September 7, 2011 and the date of the first publication of the
notice of foreclosure sale was September 22, 2011.
State of Wyoming
County of Natrona
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
:O1.1NV( OF NATRONA
Commission Expires .lan 19 2015
By: atricia An,n Michitsc
Castle Stawia-riki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
3
day of 0; 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature of notarial officer)
Title (and Rdnk
006656
Certificate of Sale
Klaczkiewicz 09 -15662
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 January 30,
2008, executed and delivered by Jon L. Klaczkiewicz "Mortgagor(s) to
Mortgage Electronic Registration Systems, Inc., as nominee for Country
wide Bank, FSB., 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 February 29, 2008,' at Reception No. 937278 in Book 688 at Page 295
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
WHEREAS, the mortgage was assigned for value as follows:Assignee:
BAC Home Loan Servicing, L.P. fka Countrywide Home Loan Servic-
ing, L.P.
Assignment dated: May 12, 2011
Assignment recorded: June 8, 2011
Assignment recording information: at Reception No 959576 in Book
767 at Page 737All 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 $.`159,795..70 which sum consists of the unpaid principal
balance of $133,864.73, plus interest accrued to the date of the first pub-
lication of this notice in the amount of $25,930.97, 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 Loans Servicing, LP, 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 October 18, 2011 at the front door of the Lin-
coln 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: UNIT 4, MOUNTAINVIEW TOWNHOMES ADDITION TO THE
TOWN OF ALPINE, LINCOLN COUNTY, WYOMING, ACCORD
ING 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 4; Alpine, WY 83128.Together
with all improvements thereon situate and all fixtures and appurtenances
thereto.Bank of America, N.A., as successor by merger to BAC Home
Loans Servicing, LP
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: Sept. 22, 29, Oct. 6, 13, 2011 (09- 15662) 0922C
EXHIBIT B
PUBLISHER'S AFFIDAVIT
before
Notar
KEMMERER, WYOMING
Michael Je Publisher
gnature
000657
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
by Micha
I Jensen P
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 '4i consecutive issues /weeks;
the first publication being on the 72.
day of 9 lb li) 20_,
and the last p .l ication being on the 1?)
day of 20 U
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
0 .0
t20SLM Arty CAPELLEN NOTARY PUBLIC
County of C L State of
Lincoln Wyomiig
My enrnmissiun Ex;irzs May 5, 2112
Subscribed in my presence and sworn to
e on this day of
A.D., 20 t I
blisher.
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
FTP Update x 3
PUB COST FSN
PUB COSTFSN 9 -22 -11
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Conduct Sale Fee
State of Wyoming
County of Natrona
Fft a!; rn�• FSF�:2Txa3 €rrF.i
y NOTARY PUBLIC 0
NANCY KEENER
STATE OF WYOMING
"QUNTY OF NATRONA
:uisroIsnion Expires Jan 19 2015
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $2,421.00 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,421.00
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 -SAYE /H NAUGHT.
7
(Patricia An_yre Michitsc
Castle Stawiygki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
CL 7'1G.7 ._.4�fN Y 7
(Signature of notarial officer)
Title (and Rark) I
600.00
622.00
111.80
11.00
75.00
455.40
427.80
26.00
11.00
11.00
10.00
10.00
50.00
000658
This instrument was acknowledged before me on
�3 day of 0 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Certificate of Sale
Klaczkiewicz 09 -15662
Page 7 of 7