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HomeMy WebLinkAbout961579110776 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 000101 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 August 1, 2005, executed and delivered by Michael J D'anzi to Mortgage Electronic Registration Systems, Inc., as nominee for Centennial Bank, Inc. it successors and assigns and (b) that certain mortgage dated August 1, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 5, 2005, at Reception No. 910649 in Book 593 at Page 491 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: PART OF SECTION 13, T32N R119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT N 0 °04' W, 985.70 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 13 AND RUNNING THENCE S 89° 48' W, 382.206 FEET; THENCE N 0° 04' W, 304.25 FEET; THENCE N 89 °48' E, 382.206 FEET; THENCE S 0 °04' E, 304.25 FEET TO THE POINT OF BEGINNING. with an address of 87693 U.S. Highway 89, Afton, WY 83110 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 16, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960945 in Book 772 at Page 651 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 RECEIVED 10/25/2011 at 11:57 AM RECEIVING 961579 BOOK: 775 PAGE: 101 JEANNE WAGNER LINCOLN COUNTY CLERK MERER, WY Certificate of Sale D'anzi 11 -12174 Page 1 of 7 000102 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 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 $248,857.25 "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 $2,173.70 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 October 25, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale D'anzi 11 -12174 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 25thday of October 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg COUNTY OF LINCOLN My Commission Expires SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 4/17/ ACKNOWLEDGMENT 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. Print Name: Bart Julander Title: Deputy Sheriff Notary Public 000103 Certificate of Sale D'anzi 11 -12174 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 000104 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 August 1, 2005 (the "Mortgage and recorded on August 5, 2005, at Reception No. 910649 in Book 593 at Page 491 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 Michael J D'anzi "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Centennial Bank, Inc. it 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 16, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960945 in Book 772 at Page 651 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: COSPkg Certificate of Sale D'anzi 11 -12174 Page 4 of 7 CERTIFIED MAIL NO. NOI: 70110470000202707981 CERTIFIED MAIL NO. FSN: 70110470000154718493 Bank of America, N.A., successor by merger to BAC Horne 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. N01: 71969009843000800404 CERTIFIED MAIL NO. FSN: 71969009843000804440 CURRENT RESIDENT 87693 U.S. Highway 89 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000800398 CERTIFIED MAIL NO. FSN: 71969009843000804457 Michael J D'anzi 87693 U.S. Highway 89 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000800381 CERTIFIED MAIL NO. FSN: 71969009843000804464 Michael J D'anzi 446 Center St Evanston, WY 82930 -3653* CERTIFIED MAIL NO. N01: 71969009843000800374 CERTIFIED MAIL NO. FSN: 71969009843000804471 Michael J D'anzi PO Box 638 Afton, WY 83110* 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 a day of Cj 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg tci :N;utransi+.s:: o.) Fsr aaz-u,Exr NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA. My Cerr�n�it�aaEntt Ex rl� 'es Jim 191 1015 My commission expires: a j Y 'P A) Vie he Michifsc`h Castle Stawi4rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Runk) r 000105 Certificate of Sale D'anzi 11 -12174 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 August 1, 2005, executed and delivered by Michael J D'anzi "Mortgagor(s) to Mortgage, Electronic Registration Systems, Inc., as nominee for Cen- tennial Bank, Inc. it 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 August 5, 2005, at Reception No. 910649 in Book 593 at Page 491 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 Horne Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: September 16, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960945 in Book 772 at Page 651 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 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 $245,443.85 which sum consists of the unpaid principal balance of $240,038.39 plus interest accrued to the date of the first pub lication of this notice in the amount of $5,405.46, 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: PART OF SECTION, 13, T32N R 119W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT N 0 °04' W, 985.70 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 13 AND RUNNING THENCE S 89 48' W, 382.206 FEET; THENCE N 0 04' W, 304.25 FEET; THENCE N 89°48' E, 382.206 FEET; THENCE S 0 °04' E, 304.25 FEET TO THE POINT OF BEGINNING. with an address of 87693 U.S. Highway 89, Afton, WY 83110. 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 Horne 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- 12174) 0929G EXHIBIT B PUBLISHER'S AFFIDAVIT Notary Si 000106 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 J 1412.%11 !v 20 I 1 and the la ublication being on the 20 day of 6 20_11_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael -ns•n, Publisher +.+terav+uwm.smm.e....... mn...... ROSEMARY CAFEL fN NOTARY PUBLIC County of „f State of Lincoln ,Lincoln Wyoming My Cnmmissinn Expires May 5, 2012 Subscribed in my presence and sworn to before on this _X_ day of ►'C3` 62)?/ A.D., 20 it Certificate of Sale D'anzi 11 -12174 Page6of7 STATE OF WYOMING COUNTY OF NATRONA 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 $2,173.70 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFIAr'SAYETH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 0 day of 0 r�(� Qom, 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. c; NOTARY PUBLIC C Ii4 1 NANCY KEENER gTATP` OF WYOMING coLHfl Y OF NATRONA 4V! c�mmitmkar� a {rns Jan '1:4 '2015 My commission expires: 1 6 JS COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed FTP Update EXHIBIT C AFFIDAVIT OF ATTORNEY Total $2,173.70 SS J By: at icia Anne ichitsch stle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Dan 600.00 870.00 55.90 8.00 496.80 50.00 26.00 11.00 11,00 10.00 10.00 25.00 000107 Certificate of Sale D'anzi 11 -12174 Page 7 of 7