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Home My WebLink About9615806011119960 CERTIFICATE OF SALE STATE OF WYOMING 000108 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 November 25, 2009, executed and delivered by Gloria A. Cotney to Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank its successors and assigns and (b) that certain mortgage dated November 25, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 30, 2009, at Reception No. 950807 in Book 737 at Page 85 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 107 OF STAR VALLEY RANCH PLAT 17, LINCOLN COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT THERE OF FILED MAY 3, 1979, AS RECEIVING NO. 523541, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING, AS PLAT NO. 235. with an address of 385 Hardman Road, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 18, 2011 Assignment recorded: May 23, 2011 Assignment recording information: at Reception No. 959387 in Book 767 at Page 42 Assignee: Wells Fargo Bank, N.A. Assignment dated: May 19, 2011 Assignment recorded: May 25, 2011 Assignment recording information: at Reception No. 959409 in Book 767 at Page 129 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, Wells Fargo Bank, N.A. "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 RECEIVED 10/25/2011 at 12:09 PM RECEIVING 961580 BOOK: 775 PAGE: 108 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cotney 11 -06800 Page 1 of 7 000109 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 $278,534.88 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,313.86 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 Cotney 11 -06800 Page2of7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 25th day of October 2011. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg By: ACKNOWLEDGMENT SS Title: M. Shane Johnson Print Name: Bart Julander Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this 25t day of October 2011. Witness my hand and official seal. SAVANNAL. KRALL- NOTARY PUBLIC STATE OF COUNTY OF c ''sl WYOMING LINCOLN =.a My Commission Expires 000110 Sheriff in and for Lincoln County, State of Wyoming Notary Public Certificate of Sale Cotney 11 -06800 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 00011 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 November 25, 2009 (the "Mortgage and recorded on November 30, 2009, at Reception No. 950807 in Book 737 at Page 85 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 Gloria A. Cotney "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First National Bank its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 18, 2011 Assignment recorded: May 23, 2011 Assignment recording information: at Reception No. 959387 in Book 767 at Page 42 Assignee: Wells Fargo Bank, N.A. Assignment dated: May 19, 2011 Assignment recorded: May 25, 2011 Assignment recording information: at Reception No. 959409 in Book 767 at Page 129 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: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN2: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* COSPkg Certificate of Sale Cotney 11 -06800 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000720580 CERTIFIED MAIL NO. FSN: 71969009843000725172 CERTIFIED MAIL NO. FSN2: 71969009843000804754 OCCUPANT 385 Hardman Road Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Gloria A Cotney 385 Hardman Road Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Gloria A Cotney HC -62 PO Box 7353 Star Valley Ranch, WY 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 3, 2011 and the date of the first publication of the notice of foreclosure sale was June 16, 2011 and began republishing September 29, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on r C day of 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg N01: 71969009843000720573 FSN: 71969009843000725189 FSN2: 71969009843000804761 83127* N01: 71969009843000720566 FSN: 71969009843000725196 FSN2: 71969009843000804778 83127* FURTHER AFFIANT SAYETH NAUGHT. NOTARY r'1n3LIC NANCY KEENER STAU OF WYOMING :OU141 OF MA BONA lofFYi u n •A[lllY J rt'i� 2O 5 i��.�n xa R46.:�ri&P:�'a'i.Kat'sI•Na,at'� My commission expires: ,%jy: Patricia A�.ne Michitsch Castle Stawiafski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of'notarial officer) Title (and RrSk) 000112 Certificate of Sale Cotney 11 -06800 Page 5 of 7 FORECLOSU SALE NOTICE 2 WI in,.theApayment;of principal and interest has oc- curred under the termsrof a promissory note (the "Note datedNovember 25, 2009, executed and delivered by GloriaA. Cotney "Mortgagor(s) to Mortgage Electrotuo' tegrstration�Systems, Inc., as nominee for First National Bank it §�su c cessors an assigns, and real estate mortgage (the "M940#40,19 f t Satrle date securing. the Note, which Mortgage was e delivered by, s lortgagor(s), to said Mortgag d, which`Mortgage was recorded ens November 30, 2009, at Reception N 950807, in. Boo k I ,737 at. Page 85 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State b f Wyoixung;' and WHEREAS, the mortgage was assigned for value as follows: A signee: WeliskFargo Bank, N .A. Assignment d :"May 19, 2011 Assignment recorded: May 25, 2011 Assignmentrecording ,information:° at Reception No. 95 in Book /01 at P age 1'2 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 proceeding been. instituted and the same discon hued and WHEREAS, written notice of intent t f oreclose the Mortgage by advertisement and sale has been s eryeddupo n t h e record' owner and -the, party inpossessi�on of °tlteamortgaged premises. at least ten (10) days prior to the commencement of publication, and the amount 'due upon the Mortgage on the date.of first publication of this notice of sale being the total sutra of $269,500.85 which sum, consists of the unpaid principal kin n 0. cc ec1 t ct the dates, of the fast' pu KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming t_AJ r anount' o 9,675.35,' lilus attorneys' fees, interest ,and late charges after the date of Hof sale; being foreclosed up may .be subject to cos that will not be ex ti n guished at the sale. r should`�r e status of .titl before Vells F ar go B th N .A., as the Mo rtgagee `lose as by law provid the the C at public by the Sh eriff o r Deputy s ty, Wyoming. to th highe bidde f cash rn o O 2 201 at the front door of e a 925 Sage Av e n ue, Kemmerer, licahon on'the above -de scribed, amounts 3 mortgaged property being described as RAN CH'PLAT ON N T HE OFFICIAL PL THERE DF G As O 31VIN 523541 IN THE OFFICE LN,COU OF 1.4 t fixtiires, and AT No.2 appurtenances thereto. Wells Fargo Bank, N.A. 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 -06800 2) 0929H 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 2 9 .0,1 20 _1t and the la blication being on the 20 day of day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J: n, Publisher ROSE.MAW' CAFEt I IN NOTARY PUBLIC County of State of Lincoln Wyoming My Commission E)riree May 5 2012 Subscribed in my presence and sworn to before m_ on this 20 day of A.D., 20 I ensen, Publishe Notary Signatur 000113 uertlticate or bale Cotney 11 -06800 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Total State of Wyoming County of Natrona NOTARY PIJBii_UC NANCY KEENED OF %ATONING Y .OLIN Oi NATRONA 1)11y ComalisiGn r2xpi rs J -a 1 2015 .tr arva� a iia�a,;Y cer rali ,ft. ;c ir.. n:?l My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN 6 -2011 PUB COST FSN2 FTP Update Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriff's Fee Deed 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 $2,313.86 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 AFFIANT SAYFTH NAUGHT. y: Patricia Ann'`e Michitsch Castle Stawia ski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on o day of C 0__� 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. )1 ck- c (Signature of notarial officer) officer) rl 1 l am-' 6 l! L.c_ _c•._ Title (and Rnkg 650.00 914.00 50.31 8.00 106.95 441.60 25.00 50.00 26.00 11.00 11.00 10.00 10.00 $2,313.86 Certificate of Sale Cotney 11 -06800 Page 7 of 7 000114