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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. COSPkg 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. COSPkg 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: COSPkg 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* COSPkg 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: COSPkg 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. COSPkg 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