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HomeMy WebLinkAbout961577110641 CERTIFICATE OF SALE STATE OF WYOMING 000087 SS COUNTY OF LINCOLN 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 28, 2007, executed and delivered by John J. Starcevich and Angela K. Starcevich to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank its successors and assigns and (b) that certain mortgage dated December 28, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 28, 2007, at Reception No. 935898 in Book 682 at Page 487 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: COSPkg LOT 12 OF BLOCK 8 OF THE LINCOLN HEIGHTS 4TH SUBDIVISION OF THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 1126 Canyon Road, Kemmerer, WY 83101 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: September 6, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960947 in Book 772 at Page 653 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., 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. RECEIVED 10/25/2011 at 11:45 AM RECEIVING 961577 BOOK: 775 PAGE: 87 JEANNE VI I INC nl N en! INTY (`1 FI, KF=MMFRFR IAN Certificate of Sale Starcevich 11 -12170 Page 1 of 7 000088 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 29, 2011 issue of said newspaper and ending with the October 20, 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 25, 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 $212,390.61 "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 $2,075.84 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 25, 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 25th day of October 2011. COSPkg By: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Bart Julander Title: Deputy Sheriff Certificate of Sale Starcevich 11 -12170 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of October 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. SAVANNA L. KRALL NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires 000089 Notary Public Certificate of Sale Starcevich 11 -12170 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000090 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 December 28, 2007 (the "Mortgage and recorded on December 28, 2007, at Reception No. 935898 in Book 682 at Page 487 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 John J. Starcevich and Angela K. Starcevich "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank 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: September 6, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960947 in Book 772 at Page 653 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: 70110470000202707967 CERTIFIED MAIL NO. FSN: 70110470000154718516 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Horne Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000800312 CERTIFIED MAIL NO. FSN: 71969009843000804532 CURRENT RESIDENT 1126 Canyon Road Kemmerer, WY 83101* COSPkg Certificate of Sale Starcevich 11 -12170 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000800305 CERTIFIED MAIL NO. FSN: 71969009843000804549 John J. Starcevich 1126 Canyon Road Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000800299 CERTIFIED MAIL NO. FSN: 71969009843000804556 John J. Starcevich 1126 Canyon Road Kemmerer, WY 831014028* CERTIFIED MAIL NO. NOI: 71969009843000800282 CERTIFIED MAIL NO. FSN: 71969009843000804563 John J. Starcevich PO Box 4486 Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000800275 CERTIFIED MAIL NO. FSN: 71969009843000804570 Angela K. Starcevich 1126 Canyon Road Kemmerer, WY 83101* CERTIFIED MAIL NO. N01: 71969009843000800268 CERTIFIED MAIL NO. FSN: 71969009843000804587 Angela K. Starcevich 1126 Canyon Road Kemmerer, WY 83101 -4028* CERTIFIED MAIL NO. NOI: 71969009843000800251 CERTIFIED MAIL NO. FSN: 71969009843000804594 Angela K. Starcevich PO Box 4486 Bedford, WY 83112* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 16, 2011 and the date of the first publication of the notice of foreclosure sale was September 29, 2011. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on ,Q 6 day of 0 c.,l 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg �i.Jt;,F r. �rF.S t�vikrFN�t3��ar. �tF. u3Y3� -r NOTARY PUBLIC NANCY KEENER STATE OF 11YYO IVI I N C OLINTY or NATROi IA norm^. rian ExplicrA 14Sr{ 11 2015 m�.uw�itab rn:.:T' txr.Alitt:esei*. =i? My commission expires: 000091 y. Patricia zzfne Michitsc`fi Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Sig nature of Notarr officer) Title (and RJk) Certificate of Sale Starcevich 11 -12170 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 December 28, 2007, executed and delivered by John J. Starcevich and Angela K. Starcevich "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank 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 December 28, 2007, at Reception No 935898 in Book 682 at Page 487 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: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: September 6, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No 960947 in Book 772 at Page 653 All in the records of the County Clerk and ex- officio Register of 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 $209,225.06 which sum consists of the unpaid principal balance of $204, 233.60 plus interest accrued to the date of the first pub lication of this notice in the amount of $4,991.46, 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., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servic- ing 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 25, 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 LOT 12 OF BLOCK 8 OF THE LINCOLN HEIGHTS 4TH SUB DIVISION OF THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE ONNICIAL PLAT THEREOF. with an address of 1126 Canyon Road, Kemmerer, WY 83101. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Bank of America, N.A.,'successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Sept. 29, Oct. 6, 13, 20, 2011 (11- 12170) 0929B o r ny EXHIBIT B PUBLISHER'S AFFIDAVIT 000092 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 4 consecutive issues /weeks; the first publication being on the 29 day of and the last publication being on the 20 day of )Q}'(jy)'tJ 20 i I and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by.44 easel Jensen, Publi Adiarthi Notary Sig 441,(1 20 i I Michael en, Publisher HOSIMARY CAPELLEN NOTARY PUBLIC County al State of Lincoln e'. Wyom My Commission Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 20 day of 0 1. 66.07_,) A.D., 20 i t Vin Certificate of Sale Starcevich 11 -12170 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Total State of Wyoming County of Natrona My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB CSOT FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed FTP Update 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 $2,075.84 as compensation for services actually rendered in the foreclosure proceeding. 600.00 780.00 89.44 8.00 455.40 50.00 26.00 11.00 11.00 10.00 10.00 25.00 $2,075.84 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 AFFI SAYETH NAUGHT. Patricia Ann ichitsc Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on C's day of C'.ic -t'7 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. 8..87.34 a 3c. a_` T.RtE:4:' #3s�riW3::—�Y:S:C2�:� I, ,FU:Mc. r ra NO (Ar Y i'ui sf rNiANCY KEENER t'�DER t j .WO" 01.J1‘11 Y OF N. T @�C) 4i Rfh ,IpiS icm F a.,rrn3 Jan I9 15 BsU oi U5r7uCr. ,aeaata:iii'i.�a,. ..pe,r -45�d'Posw 1 .r ill (Signature of notarial officer) Title (and Ranh 000093 Certificate of Sale Starcevich 11 -12170 Page 7 of 7