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HomeMy WebLinkAbout96178460109181:,4 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 December 24, 2007, executed and delivered by John C. Hobbs to Washington Mutual Bank, FA and (b) that certain mortgage dated December 24, 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. 935890 in Book 682 at Page 429 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: LOTS 2 AND 3 BLOCK 1 OF ALLEMAN FIRST ADDITION TO THE TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER 19, 1989 AS INSTRUMENT NO. 711016 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 330 First West Avenue, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, JP Morgan Chase Bank, National Association, successor -in- interest to Washington Mutual Bank "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. 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 October 13, 2011 issue of said newspaper and ending with the November 3, 2011 issue thereof; and again once a week for four (4) consecutive weeks, commencing with the October 13, 2011 issue of said newspaper and ending with the November 3, 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 COSPkg RECEIVED 11/8/2011 at 10:17 AM RECEIVING 961784 BOOK: 775 PAGE: 767 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hobbs 09- 27882R Page 1 of 7 000767 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 November 8, 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 $203,000.00 "Bid Sum which was bid and offered by JP Morgan Chase Bank, National Association, successor -in- interest to Washington Mutual Bank "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 $5,901.51 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 November 8, 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 8th day of November 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: 74- Bart Julander Title: Deputy Sheriff Certificate of Sale Hobbs 09- 27882R Page 2of7 OOO7t 8 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg 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 8th day of November 2011. Witness my hand and official seal. SAVANNA. KID NOTARY PUBLIC STATE OF COUNTY OF ►NYOMING LINCOLN �t a Notary Public Certificate of Sale Hobbs 09- 27882R Page 3 of 7 000769 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 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 24, 2007 (the "Mortgage and recorded on December 28, 2007, at Reception No. 935890 in Book 682 at Page 429 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 C. Hobbs "Mortgagor(s) the named mortgagor(s), and Washington Mutual Bank, FA is the named mortgagee. 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 CERTIFIED MAIL NO CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. John C. Hobbs 330 First West Avenue LaBarge, WY 83123 COSPkg AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE NOI:. 71969009843000607003 FSN: 71969009843000614421 FSN2:: 71969009843000647870 NOPP: 71969009843000664549 NOPP2: 71969009843000685308 FSN3: 71969009843000725325 NOPP: 71969009843000748188 FSN2: 71969009843000761583 NOPP: 71969009843000793836 FSN2: 71969009843000809735 CERTIFIED MAIL NO. NOI: 71969009843000607027 CERTIFIED MAIL NO. FSN: 71969009843000614438 CERTIFIED MAIL NO. FSN2: 71969009843000647887 CERTIFIED MAIL NO. NOPP: 71969009843000664556 CERTIFIED MAIL NO. NOPP2: 71969009843000685315 CERTIFIED MAIL NO. FSN3: 70110470000202706892 CERTIFIED MAIL NO. NOPP: 71969009843000748195 CERTIFIED MAIL NO. FSN2: 71969009843000761590 CERTIFIED MAIL NO. NOPP: 71969009843000793843 CERTIFIED MAIL NO. FSN2: 71969009843000809742 JP Morgan Chase Bank, National Association, successor -in- interest Washington Mutual Bank 7255 Baymeadows Way, Jacksonville, FL 32256 EXHIBIT A SS CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO John C. Hobbs PO Box 229 La Barge, WY 83123 CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. OCCUPANT 330 First West Avenue La Barge, WY 83123 N01: 71969009843000607010 FSN: 71969009843000614445 FSN2: 71969009843000647894 NOPP: 71969009843000664563 NOPP2: 71969009843000685322 FSN3: 71969009843000725332 NOPP: 71969009843000748201 FSN2: 71969009843000761606 NOPP: 71969009843000793850 FSN2: 71969009843000809759 N01: 71969009843000607034 FSN: 71969009843000614452 FSN2: 71969009843000647900 NOPP: 71969009843000664532 NOPP2: 71969009843000685339 FSN3: 71969009843000725349 NOPP: 71969009843000748218 FSN2: 71969009843000761613 NOPP: 71969009843000793867 FSN2: 71969009843000809766 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 27, 2010 and the date of the first publication of the notice of foreclosure sale was October 13, 2011. Certificate of Sale Hobbs 09- 27882R Page 4 of 7 000770 State of Wyoming County of Natrona 3 COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: By: Patricia A fie Michitt Castle Stawi •fski, LLC 330 So. Wash Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of `y) 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. J'�ffetytii'k"� >'x t ':'Sly .:u•.¢ ENO fdAb21 t't JBLJC 3 CAM Ot= WYO! WON :01.1NiY y C rr ssfis :rsson Exp m i s a t4i '197Tr a TM MiJei.eT'XuYM+J71Rk3itn N.C.rF +7 F: "!:'.W,r".,ra7l� k et (Signature of notarial officer) Title (and R1 000771 Certificate of Sale Hobbs 09- 27882R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming u u CLOSURE SALE NOTICE 2 default in the p of principal and interest has oc- the tek of a pro}nissoiy note (the "Note dated December outed and dtrlivered by, Jo h n' C.,Hobbs, ("Mortgago ro(s)) to aaiw1 w�i Mutual Banl kA and areal estate mortgage (the `Mortgage of, the same date securing the Note, which Mortgage was' executedand de- repo i me r ecorgs of the ottice of th County Clerk and ex- officio deeds in and for Lincoln C oun t y, S tate of Wyoming; and icr the,Mortg cou power of sale whi by reason fan the Mortgag de aces to h ome era and no suit or proceeding has been instituted ee at law to bec recover op the debt ve secured by the mortgage or any F thereeof nor has any such suit or proceeding bee ij jnsgtutedand the same disc and written notice of intent to foreclose the Mortgage by s sement acid sale has been served upon the re o wnedayr. an the part rt? p ossession of ttre.m ortgaged prmi ses at least s prior to t he co of this publication and the amount due up the Mortgage on the da of trr publication o this notice of tan sale b eing; the total °sttm of ".sum' co of t unpaid principal balance, of $210,88 pl us i a to the date of th fir pub lication 'of "this notice in)the a m o un t of $52, p lus attorneys' fees, costs expended,and accruing interest and'late charges after the date of first publication ;of this notice of sale; WIRE AS, The property being foreclosed upon may be subject to oth hen and en will not be extinguished at the sale. Any prospeb purchaser sho e research the status of title before submittin a bids THEREFORE JP M organ Chase Bank, National Association, su gesspr in rtrterest to Was hington Mutual Bank, as the Mortgagee, wi l have the Mortgage' foreclosed as by l aw provided by :c Deputy ausing, the IA op erty t o °be sold at' public venue by the Sheriff or Dep fo t O' n County, Wyoming.to the highest bidder for cash )(Jo 00„10 ,t forenoon on November 8, 2011 at the front door of coin Count :Courth located at 925 Sage Avenue, Kemmerer, incoln C for applicat on th e abov described am ounts secured by the Mortgage, said.rnortgaged property being described' as se9nr, to wit LOT 2 AND 3 BLOCK 1 OF' AI:LENTAN FIRST ADDITION TO THE T `WN OF L AL ED ON N S AL N COUNTY, W YOMING AS DESCRI] ED, ON'THE "ON PLAT FILOVEMBER 19, 19$9 AS. INSTRUMENT NO. 711016 OF THE La RECORD `OF THE LINC.®LN COUNI"Y CLERK. with an address of 33 0. First West ,,Barge, WY 83123. Together, with all`iinprovemeuts thereon situate and all fixtures and appurtenances ,th JP° ssor -in- interest UOSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT Notar KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, 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 13 blliication 'd/P:�`061; 20 day of and the last publication being on the 1/ .67Y'i Deb) 20_11_,; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) day of Morgan Chas Bank, National A s s oc i ation, to Washington Mutual Bank By: Castle Stawat'ski, LLC 330 S. Walsh Drive, Ste. 202 before me on this day of Casper, WY 8260 -0000. (307) 333 5379 PUBLISH :'Oct. 13, 20, 27, Nov. 3, 2011 (09- 27882R) 1013B by Michae Jense Subscribed in my presence and sworn to 0 O►knfLI h! A.D. 20 I 1 a.►+.s.m� Michael Jens itOSLNIARY CAPELI.EN County of tincvla ignatu ublisher QTARY PUBLIC State of Wyoming My Cnmmissionn pGpess May 5. 2012 Certificate of Sale Hobbs 09- 27882R Page 6 of 7 000772 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona Attorney Fees (Foreclosure) Statutory Notice Fee FTP Update x 5 Publication Cost FSN X4 PUB COST NOPP x4 PUB COST FSN2 8 -4 -11 PUB COST FSN2 10 -13 -11 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Prior Invoice K 0 1St: ii P.IS ii. A'l p My commission expires: COSPkg 9•,/5' 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 $5,901.51 as compensation for services actually rendered in the foreclosure proceeding. (Signature of notar off Title (and Rnk( 700.00 238.16 525.00 1,273.05 986.70 400.20 386.40 50.00 26.00 11.00 11.00 10.00 10.00 1,274.00 Total $5,901.51 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 AFF,,IANT SAYE NAUGHT. ,By: Patricia Anp Michitsc Castle Stawiar'ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 7 Q 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Certificate of Sale Hobbs 09- 27882R Page7of7 000773