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HomeMy WebLinkAbout9615816011120118 CERTIFICATE OF SALE STATE OF WYOMING 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 September 10, 2010, executed and delivered by Janice R. Speth to Mortgage Electronic Registration Systems, Inc., as nominee for Eagle Home Mortgage, LLC and (b) that certain mortgage dated September 10, 2010 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 1, 2010, at Reception No. 955800 in Book 754PR at Page 789 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 LOT 2 OF BLOCK 26 OF AFTON TOWNSITE, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE NORTH 7.5 RODS; THENCE EAST TEN RODS; THENCE SOUTH 7.5 RODS; THENCE WEST TEN RODS TO THE POINT OF BEGINNING with an address of 541 Madison Ave, Afton, WY 83110 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: July 22, 2011 Assignment recorded: August 3, 2011 Assignment recording information: at Reception No. 960368 in Book 770 at Page 474 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 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. COSPkg RECEIVED 10/25/2011 at 12:20 PM RECEIVING 961581 BOOK: 775 PAGE: 115 JEANNE WAGNER LINCOLN COUNTY CLEF MMERER, WY 000115 Certificate of Sale Speth 11 -10568 Page 1 of 8 000116 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 August 25, 2011 issue of said newspaper and ending with the September 15, 2011 issue thereof; again 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 $91,134.70 "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 $2,532.08 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 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff Bart Julander Certificate of Sale Speth 11 -10568 Page 2 of 8 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. KRALLL NOTARY PUBLIC COUNTYOF F 1 rt: /l STATE YOMING My Commission Expires 4 000117 c3,VaiVb OA Notary Public Certificate of Sale Speth 11 -10568 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 September 10, 2010 (the "Mortgage and recorded on October 1, 2010, at Reception No. 955800 in Book 754PR at Page 789 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 Janice R. Speth "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Eagle Home Mortgage, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: July 22, 2011 Assignment recorded: August 3, 2011 Assignment recording information: at Reception No. 960368 in Book 770 at Page 474 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: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOPP: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000770240 CERTIFIED MAIL NO. FSN: 71969009843000777577 CERTIFIED MAIL NO. NOPP: 71969009843000804785 CURRENT RESIDENT 541 Madison Ave Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000770233 CERTIFIED MAIL NO. FSN: 71969009843000777584 CERTIFIED MAIL NO. NOPP: 71969009843000804792 Janice R Speth 541 Madison Ave Afton, WY 83110* COSPkg Certificate of Sale Speth 11 -10568 Page 4 of 8 000118 CERTIFIED MAIL NO. NOI: 71969009843000770226 CERTIFIED MAIL NO. FSN: 71969009843000777591 CERTIFIED MAIL NO. NOPP: 71969009843000804808 Janice R Speth PO Box 853 Afton, WY 83110 -0853* CERTIFIED MAIL NO. NOI: 71969009843000770219 CERTIFIED MAIL NO. FSN: 71969009843000777607 CERTIFIED MAIL NO. NOPP: 71969009843000804815 Janice R Speth PO Box 1748 Afton, WY 83110* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was August 9, 2011 and the date of the first publication of the notice of foreclosure sale was August 25, 2011. State of Wyoming County of Natrona STATE OF WYOMING f. :OtiN1 Y OF NATRONA 1 am�e�is�>inat xlaim g9 '19ea:rtkiS.ti.�' 20 -'r :8ui:5Y'�a�..w iirtxtiu'-�;t.e. ^cS�.a't rE:eerl'�:t'F! COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: /By: Patricia Anne Michitsc`h Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Rik) V 000119 This instrument was acknowledged before me on day of 0 (2.,1.t, -Q 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. E3F..F. 77,, �i`: 3HtFSS�3�II: at ."2:s3i'�+?%s 3. NOTARY PUBLIC NANCY KEENER Certificate of Sale Speth 11 -10568 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF POSTPONEMENT OF FORECLOSURE SALE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated September 10, 2010, executed and delivered by Janice R. Speth "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Eagle Horne Mortgage, LLC "Mortgagee and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and delivered by Mortgagor(s), to Mortgagee, and which Mort- gage was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on October 1, 2010, at Reception No. 955800 in Book 754PR at Page 789; WHEREAS, the Mortgage has been duly assigned for value by Mortgagee as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: July 22, 2011 Assignment recorded: August 3, 2011 Assignment recording information: at Reception No. 960368 in Book 770 at Page 474 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincdln County, Wyoming; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale, pursuant to the terms of the Mortgage, has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to first publication of the notice of sale; The property covered by said Mortgage is described as follows: PART LOT 2 OF BLOCK 26 OF AFTON TOWNSITE, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2 AND RUNNING THENCE NORTH 7.5 RODS; THENCE EAST TEN RODS; THENCE SOUTH 7.5 RODS; THENCE WEST TEN RODS TO THE POINT OF BEGINNING with an address of 541 Madison Ave, Afton, WY 83110. 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; NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes Sec- tion 34 -4 -109 (2003) that the foreclosure sale of the above Mortgage, scheduled for September 20, 2011 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, State of Wyoming, has been postponed to 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, State of Wyoming. 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- 10568) 0929C V J0 r EXHIBIT B PUBLISHER'S AFFIDAVIT 000120 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Notary g ature 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 o n n the 2l (a day of 2�'�4(,tet2) and the last,publication being on the 2.) (zgthoz) day of 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 i en, Publisher ROSLMA1'Y CAFELL NUTARY PUBL C County of ',b State Of Lincoln ii, Wyoming My Cornreleslou Expires May 5, 2012 m a,. 0• +...a++a.0 4,11,47 Subscribed in my presence and sworn to before me on this 2C day of 0,4 -0 l PA) A.D., 20 t by"Nli l l Jensen, 'ur. ish r (ertlticate of Sale Speth 11 -10568 Page 6 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming SAL E NOTICE ent of principal and interest has oc ote,(the "Note dated September e R Speth "Mortgagor o, as nominee for a ge (the "Morrgage") e, was, executeda a d d ud which Mortgage was re 5800 in Book 754PR and ex -o tei� o Deed n d t Lin coln County,'St t e: of Wyoming, an WHEREA mortgage was assigned for value as;follow Assignee Wells Fargo Bank, N.A. Assignment, dated. `July 22, 2011 Assignment recorded: August 3, 2011 Assignme 4 recording information: at Reception No. 960368 in Book Al pag e in therecords,of the County Clerk and ex- officio Register of Deeds inand for Lincoln County Wyoming. WHER the Mortgage contains a; power of sale which by reason of said default,'the Mortgagee declares to had a become operative, and no Suit or`proceeding has,been instituted at, law to recover the debt secured by the'Mortgage, or any pa thereof n or hasp any such `suit or proceeding been instituted and,the sam d iscont in ued and WHEREAS, wdritten;notice of intent to foreclose the Mortgage by advertisement and sale has been;seryed`upon.the record owner; and. the party in possession aof the mortgaged premises at least ten (10) days prior to the commencement, of this publication, and the n due upon ;the ortgage on the d o f first ..p of this notice of sale; being the total 'sum of $87,014 01 which sum consists of the unpaid principal ante of $8 ,7 1d 15 plus,; interestaccrued�to the.date of the;firstrpublica- tion of this notice i n the amount of $1, 86, plus attorneys fees, costs expended, ar pgTinteres and late, charges,; after the date of first puicatiton,o f o thil. u s notice of sale,; HEREAS, The property being fore upon may be subject to other liens a n d encumbrances,tlhat will not be, extinguished` the sale. submitting a tiv ti e purchaser should r esearch the status of title before submitting bid• NOW THEREFORE Wells Fargo Bank, N•A•, as the Mortgagee, will have the Mortgage foreclosed as b y law •providedby 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. September 20, 2011 at the front door, of the Lincoln County Courthouse located at 925., S„ Avenue, I {emmerer W .Lincoln Cou for application on ,t 5 e::abo age ve- described ,amounts secured; •by the Mortgage, said follows to wit mortgaged property being described, as PART LOT2 OF BLOCI 26 OF'A''f'O LINCOLN TICULARLYDESCRIEED' aWEST CORNER OF SAID LOT .5 RODS; THENCE EAST TEN ONCE WEST TEN RODS TO an address of 54'1 Madison Ave, Afton, WY 83110. Together with all nprovements thereon situate and all fixtures, and appurtenances thereto. Wells Fargo Bank, ■.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 53.79 PUBLISH: August 25, September 1, 8, 15, 2011 (11- 10568) 0825C COSPkg PUBLISHER'S AFFIDAVIT Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln I, Mark Tesoro, do hereby, upon my oath, depose and say that I am the General Manager 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 day of a c t i,d 20 I t and the last publication being on the iS day of 11 f)`1:Q(Y'1bi 20 r and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro', General Manager ....4.4. ,1•10 ...S.A.1.0-0,1, .1...-. r, r- 'NOTARY ti20:,iiv'�nt t�1PELt "i i3UC:•.i s,.` Canny of �A Stem of Lincoln W'n"..•g Subscribed in my presence and sworn to before me on this 15 day of 94-tern 1 d., A.D., 20_11_, by Ma Tesoro, Gen -rjager. 000121 Certificate of Sale Speth 11 -10568 Page 7 of 8 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 $2,532.08 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Publication Costs FTP Update x 2 PUB COST NOPP Postponement Fee Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee- Sale Sheriffs Fee Deed Total $2,532.08 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 SAYETI NAUGHT. r State of Wyoming County of Natrona This instrument was acknowledged before me on 6 day of Ctc__L2 7 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. .aaasA.c8 Feet. s3it it10TAi2Y F'LEBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA C(j1'uoio io i.S Apra±) jean •i:i 20 iS COSPkg My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS Patricia An Michitsch 'Castle Stawiar i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 `7 Ck .Y.� J (Signature ofi notarial officer) Title (and Rea) 700.00 516.00 67.08 455.40 150.00 372.60 150.00 50.00 29.00 11.00 11.00 10.00 10.00 000122 Certificate of Sale Speth 11 -10568 Page 8 of 8