HomeMy WebLinkAbout962087120157
STATE OF WYOMING
COUNTY OF LINCOLN
M. Shane Johnson
CERTIFICATE OF SALE
SS
upon his oath, states and certifies as follows:
of lawful age, being first duly sworn
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 12, 2007, executed and delivered by
William W. Struble and Deanna K. Struble to Mortgage Electronic Registration
Systems, Inc., as nominee for Bank of Jackson Hole its successors and assigns
and (b) that certain mortgage dated September 12, 2007 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on September 17, 2007, at
Reception No. 933164 in Book 672 at Page 328 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:
LOT 114 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY,
WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF
FILED JUNE 30, 1971, AS RECEIVING NO. 431709, IN THE
OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS
PLAT NO. 177
with an address of 158 Holly Drive, 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: Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: January 7, 2011
Assignment recorded: January 14, 2011
Assignment recording information: at Reception No. 957633 in Book 760 at Page
709
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
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.
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RECEIVED 11/22/2011 at 10:45 AM
RECEIVING 962087
BOOK: 776 PAGE: 799
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Struble 10- 24484R
Page 1 of 7
00799
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 27, 2011 issue of said
newspaper and ending with the November 17, 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 November 22, 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
$187,518.54 "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 $3,259.30 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 22, 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
22nd day of November 2011.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: 44/1
Print Name: Bart Julander
Title: Deputy Sheriff
00800
Certificate of Sale
Struble 10- 24484R
Page 2 of 7
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 22nd day of
November 2011.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF ;F STATE OF
LINCOLN S WYOMING
My Commission Expires
L W C.k
Notary Public
Certificate of Sale
Struble 10- 24484R
Page 3 of 7
00801
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 12, 2007 (the "Mortgage and
recorded on September 17, 2007, at Reception No. 933164 in Book 672 at Page
328 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 William W. Struble
and Deanna K. Struble "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for Bank of Jackson Hole its
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: January 7, 2011
Assignment recorded: January 14, 2011
Assignment recording information: at Reception No. 957633 in Book 760 at Page
709
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: 70110470000154724289
CERTIFIED MAIL NO. FSN:70110470000202709862
Bank of America, N.A., successor by merger to BAC Home
Loans Servicing, LP fka Countrywide Horne Loans Servicing
LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000818676
CERTIFIED MAIL NO. FSN: 71969009843000821737
CURRENT RESIDENT
158 Holly Drive
Star Valley Ranch, WY 83127*
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Certificate of Sale
Struble 10- 24484R
Page 4 of 7
00802
CERTIFIED MAIL NO. NOI: 71969009843000818683
CERTIFIED MAIL NO. FSN: 71969009843000821744
William W. Struble
158 Holly Drive
Star Valley Ranch, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000818690
CERTIFIED MAIL NO. FSN: 71969009843000821751
William W. Struble
PO Box 2623
Jackson, WY 83001 -2623*
CERTIFIED MAIL NO. NOI: 71969009843000818706
CERTIFIED MAIL NO. FSN: 71969009843000821768
William W. Struble
158 Holly Drive
Star Valley Ranch, WY 83127 -2623*
CERTIFIED MAIL NO. NOI: 71969009843000818713
CERTIFIED MAIL NO. FSN: 71969009843000821775
Deanna K. Struble
158 Holly Drive
Star Valley Ranch, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000818720
CERTIFIED MAIL NO. FSN: 71969009843000821782
Deanna K. Struble
PO Box 2623
Jackson, WY 83001 -2623*
CERTIFIED MAIL NO. NOI: 71969009843000818737
CERTIFIED MAIL NO. FSN: 71969009843000821799
Deanna K. Struble
PO Box 1312
Thayne, WY 83127*
CERTIFIED MAIL NO. NOI: 71969009843000818744
CERTIFIED MAIL NO. FSN: 71969009843000821805
Deanna K. Struble
158 Holly Drive
Star Valley Ranch, WY 83127 -2623*
CERTIFIED MAIL NO. NOI: 71969009843000818751
CERTIFIED MAIL NO. FSN: 71969009843000821812
Star Valley Ranch Homeowners Association
HC 62 Box 7008
Star Valley Ranch, WY 83127*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was October 14, 2011 and the date of the first publication of the
notice of foreclosure sale was October 27, 2011.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
I day of f\ 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex Tres Jan 19 2015
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
By!Pa ricia Anne hitsch
Castle Stawiarski C
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and R k�
Certificate of Sale
Struble 10- 24484R
Page 5 of 7
0 0 `:J
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
WHEREAS, default in the payment of principal an interest °has oc
cuffed under the tergps "of a promissory note (the "Note dated September.
12, 2007, executed and'deliirered by William W. Struble and Deanna .K:`'
Struble "Mortgagor(s) to' Electronic Registration. Systems,
Inc., as nominee for Bank Jackson Hole its; successors and::aasigns,t'
and a real estate mortgage: (the "Mortgage of the same ovate securing theme'
Note, which Mortgage Was executed and delivered by s dMortgago
to said Mortgagee, and which Mortgage was recordedr 17,
2007, at Reception No. 933164 Book! 672. at Page 328 in the records
of the office of the County Clerk and ex- officio ;Register Deeds in" "and°
for Lincoln County, State of Wyoming; and
WHEREAS, the mortgage was assigned for value as foliows:
Assignee BAC Home Loans Servicing, LP
Assignment dated: January 7, 2011
Assignment recorded .14, 2011,
Assignment recording info mation at Rece
760 at Page 709
Albin the records of the County Clerk azt���u,��G��
in and for Lincoln County, Wyoming
WHEREAS, the Mortgage contauis powe of sal wh ch b y reason
of said default, the Mortgagesdecl to have be ome o perativ e,. andsno'
suit or proceeding has been instituted at law to,recover the, debt secured
by the Mortgage, or any part thereof, nor' has any such suitor` proceedinga
been instituted and the same discontinued, and"
WHEREAS, written notice of intent to forec se ortgage"ab
advertisement and sale has been served upon the; record w er,and "the"
party in possession of the mortgaged premises at least ten (10) days >prior•'
to the commencement of this publication, andthe' ount due p n ;th
Mortgage on the date of first publication of this notice of kale being the
total sum of $185,413.79 which sum consists of the unpaid principal'
balance of $170,339.83 plus interest accrued to the date of ttie ttist=pub'
lication of this notice in the amount of $15,073.96 plus 'attorneys' fees
costs expended, and accruing interest and late charges after Me date of
first publication of this notice of sale;
WHEREAS, The property being foreclosed upon ivay be subject to
other Liens and encumbrances that will not be extinguished at the sale.
Any prospective purchaser should research the status e 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 November
22, 2011 at the front door of the Lincoln County Courthouse located at)
925 Sa ge 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:
LOT 114 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUN TY,;,
WYOMING, AS SHOWN (IN THE OFFICIAL PLAT THEREOF FILED
JUNE 30, 1971, AS RECEIVING NO. 431709, IN THE OFFICE OF
THE CLERK, LINCOLN. COUNTY, WYOMING, AS PLAT NO. 177
with an address of 158 =Holly Drive, Star Valley+,'Ranck 83127.
Together with all improvements thereon situate and all fix and
appurtenances thereto.
Bank ofAmerica, NAA., successor by merger•to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
By: CastleStawiarski, LLC
330. S. Walsh Drive, Ste. 202
Casper, WY 82609 0000
(307) 333 5379
PUBLISH: Oct. 27, Nov. 3, 10 2((,11 (10 24484T), 1027A
L.vorKg
PUBLISHER'S AFFIDAVIT
EXHIBIT B
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 pub 'cation being on the 27
day of
and the last publication being on the 1 v-
`in (rum Q1eh
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
day of
IC
Michael Jens
ill
ROSl ARY CAPEI.l EN 4 TARY PUBLIC
County of State of
t incaki�j Wyoming
My Cnmmisslan Expires May 5, 2012
a Jensen, Pubis
UXJ) 2 0 1
ublisher
Subscribed in my presence and sworn to
before me on this 17 day of
n
A.D., 20 l
Notary Sign re
Lertincate of bale
Struble 10- 24484R
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
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 $3,259.30 as compensation for services
actually rendered in the foreclosure proceeding.
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Attorney Fees (Foreclosure)
Statutory Notice Fee
FTP Update x2
PUB COST FSN
Conduct Sale Fee
Record Cert of Sale
Record Assign of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriff's Fee Deed
Prior Invoice
Total
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 AFFINT SAYE1NAUGHT.
State of Wyoming
County of Natrona
+ic NOTARY PUBLIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex Tres Jan 19 2015
My commission expires:
y: Patricia An Michitsch
Castle Stawia i, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
1 day of J o4 -,,e� 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
7-i ,4?
(Signature cif notarial officer)
/rVt lam—, n
Title (and Ra
600.00
111.80
150.00
455.40
50.00
26.00
11.00
11.00
10.00
10.00
1,824.10
$3,259.30
Certificate of Sale
Struble 10- 24484R
Page 7 of 7
00805