HomeMy WebLinkAbout961578110644
STATE OF WYOMING
COUNTY OF LINCOLN
M. Shane Johnson
CERTIFICATE OF SALE
SS
000094
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 October 31, 2007, executed and delivered by Lyal
Radford Jr and Nicole Radford to Mortgage Electronic Registration Systems, Inc.,
as nominee for Countrywide Bank, FSB., its successors and assigns and (b) that
certain mortgage dated October 31, 2007 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on November 1, 2007, at Reception No. 934542
in Book 677 at Page 495 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 52 OF STAR VALLEY RANCH PLAT 21, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
OCTOBER 22, 1982 AS INSTRUMENT NO 586332 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK
with an address of 92 Bonneville Drive, Thayne, WY 83127
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. 960946 in Book 772 at Page
652
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.
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RECEIVED 10/25/2011 at 11:49 AM
RECEIVING 961578
BOOK: 775 PAGE: 94
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Radford 11 -12172
Page 1 of 7
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000095
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
$195,599.12 "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 $1,958.48 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.
Certificate of Sale
Radford 11 -12172
Page 2 of 7
000096
DATED at Kemmerer, Lincoln County, State of Wyoming, this
25th day of October 2011.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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By:
ACKNOWLEDGMENT
SS
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.
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
WYOMING
J
COUNTY OF
LINCOLN
My Commission Expires
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
Print Name:
Bart Julander
Title: Deputy Sherif f
Notary Public
Certificate of Sale
Radford 11 -12172
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
SS
000097
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 October 31, 2007 (the "Mortgage and
recorded on November 1, 2007, at Reception No. 934542 in Book 677 at Page
495 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 Lyal Radford Jr and
Nicole Radford "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., 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. 960946 in Book 772 at Page
652
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: 70110470000202707974
CERTIFIED MAIL NO. FSN: 70110470000154718509
Bank of America, N.A., successor by merger to BAC Horne Loans Servicing, LP
flea Countrywide Horne Loans Servicing LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
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Certificate of Sale
Radford 11 -12172
Page 4 of 7
CERTIFIED MAIL NO. NOI: 70110470000202707974
CERTIFIED MAIL NO. FSN: 70110470000154718509
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: 71969009843000800367
CERTIFIED MAIL NO. FSN: 71969009843000804488
CURRENT RESIDENT
92 Bonneville Drive
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000800350
CERTIFIED MAIL NO. FSN: 71969009843000804495
Lyal Radford Jr.
92 Bonneville Drive
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000800343
CERTIFIED MAIL NO. FSN: 71969009843000804501
Lyal Radford Jr.
PO Box 1322
Thayne, WY 83127 -1322*
CERTIFIED MAIL NO. N01: 71969009843000800336
CERTIFIED MAIL NO. FSN: 71969009843000804518
Nicole Radford
92 Bonneville Drive
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000800329
CERTIFIED MAIL NO. FSN: 71969009843000804525
Nicole Radford
PO Box 1322
Thayne, WY 83127 -1322*
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
This instrument was acknowledged before me on
day of CJ ,�.y_ 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
NOTARY P II3LIC
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FURTHER AFFIANT SAYETH NAUGHT.
NANCY KEENER
STATE OF WYOMING
GGUUN' ?'Y OF NATRONA
Commission ?'Sxpires Jan 19, 7.015
rix- Yr:at(31 .:f aauc s"a.e.Ala F:+l'.ir:0, r.gIVV.:`"
My commission expires:
'k'J
y: Patricia ne Michi-tkh
Castle Sta larski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Signature of notarial officer)
7
Title (and Rank
000098
Certificate of Sale
Radford 11 -12172
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 October.
31, 2007, „executed and delivered by Lyal Radford Jr and Nicole Radford
("Mortgagor(s)") to Mortgage Electronic Registration Systems, Inc., as
nominee` fdr Conntrywide Bank, FSB., its successors and assigns, and
a real estate mortgage ,(the "Mortgage") of the same date securing, the
Note, which Mortgage was execute1 and delivered by said Mortgagor(s),
to said Mortgagee, and which Mortgage was recorded on November 1,
2007, at Reception No. 934542 in Book 677 at Page 495 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 ofAimerica, 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. 960946 in Book
772 at Page 652
All 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 declaresto 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 suitor 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 $192,932.53 which sum consists of the unpaid principal
balance of $188,240.50 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $4,509.84, 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 52 OF STAR VALLEY RANCH PL AT 21, LINCOLN COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON
OCTOBER 22, 1982 AS INSTRUMENT NO 586332 OF THE RE-
CORDS OF THE LINCOLN COUNTY CLERK
with an address of 92 Bonneville Drive, Thayne, WY 83127.
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 53
PUBLISH: Sent. 29, Oct. 6. 13. 20, 2011 (11- 12172) 0929D
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 Z1
.pteWit h.) ,20
and the last ublicatiion being on the Z1)
day of (DR, 20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
day of
before
KEMMERER, WYOMING
Michael J n, Publisher
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
ROSEMARY CAPEU r N NOTARY PUBLIC
County nty of State of
Lincoln Wyoming
My Commission Ex May 5, 2012
,A M M.... M.C4VHRmPAM.. W eW,.. 1.. ,flM.M..6.
Subscribed in my presence and sworn to
eon this 2,0 day of
0 A.D., 20 i I
by Michael Jensen, Publ.
al a_
Notary Sig ture
000099
VGI lI11VglG VI VQIG
Radford 11 -12172
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN
FTPDD
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriff's Deed
Sheriffs Fee Sale
Sheriff's Fee Fee
State of Wyoming
County of Natrona
aF3e.i e. e47 try,Fri%"Et t2.RA.1 E x i
3 +1 NA f Y KEEN
'r: 51F17 F: OF WYOMING
uwT' OF NATRONA I� tar ➢'r�;,'c!u: foNt 4:# i rs JaF➢ 1 2.0
K BtVf. M'.: d: F�' K+ W" ii?.[ atn4' F& S3��tRE359 'SJeG4l'+s'n'llk+P•4��
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 $1,958.48 as compensation for services
actually rendered in the foreclosure proceeding.
Title (and Rdrf<)
540.00
745.00
67.08
8.00
455.40
25.00
50.00
26.00
11.00
11.00
10.00
10.00
Total $1,958.48
000
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 AFFIAN SA H NAUGHT.
y: Patricia Awe Michitscl'i.7
Castle Stawiafski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
oZ 6 day of (e_h.3L- 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature of fiotarial officer)
Certificate of Sale
Radford 11 -12172
Page 7 of 7