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.
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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:
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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
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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
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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
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(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
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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