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HomeMy WebLinkAbout962088120128 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 March 18, 2008, executed and delivered by Keith C. Bernhardsen and Patricia E. Bernhardsen to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC its successors and assigns and (b) that certain mortgage dated March 18, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 8, 2008, at Reception No. 938134 in Book 691 at Page 560 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: 654 LOT 126 IN NORDIC RANCHES (INCORRECTLY SHOWN ON THE MORTGAGE AS RANCHER) DIVISION NO. 9, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL RECORDS THEREOF. with an address of 1412 Saddle Dr, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: September 2, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960948 in Book 772 at Page 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, GMAC Mortgage, LLC "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 COSPkg RECEIVED 11/22/2011 at 10:58 AM RECEIVING 962088 BOOK: 776 PAGE: 806 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Bernhardsen 11 -08365 Page 1 of 8 00806 four (4) consecutive weeks, commencing with the October 6, 2011 issue of said newspaper and ending with the October 27, 2011 issue thereof; and again once a week for three (3) consecutive weeks, commencing with the November 3, 2011 issue of said newspaper and ending with the November 17, 2011 issue thereof; that said notices were 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 notices 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 notices 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 $245,345.54 "Bid Sum which was bid and offered by GMAC Mortgage, LLC "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 $2,733.00 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: Print Name: Bart Julander Title: Deputy Sheriff Certificate of Sale Bernhardsen 11 -08365 Page 2 of 8 00807 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF j` STATE OF LINCOLN WYOMING �k. My Commission Expires s LA 277 1 1 3 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 22nd day of November 2011. Witness my hand and official seal. Notary Public Certificate of Sale Bernhardsen 11 -08365 Page 3 of 8 00808 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 March 18, 2008 (the "Mortgage and recorded on April 8, 2008, at Reception No. 938134 in Book 691 at Page 560 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 Keith C. Bernhardsen and Patricia E. Bernhardsen "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: GMAC Mortgage, LLC Assignment dated: September 2, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960948 in Book 772 at Page 654 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: 71969009843000803931 CERTIFIED MAIL NO. FSN: 71969009843000807700 CERTIFIED MAIL NO. NOPP: 71969009843000829009 GMAC Mortgage, LLC 1100 Virginia Drive Fort Washington, PA 19034* CERTIFIED MAIL NO. NOI: 71969009843000803948 CERTIFIED MAIL NO. FSN: 71969009843000807717 CERTIFIED MAIL NO. NOPP: 71969009843000829016 CURRENT RESIDENT 1412 Saddle Dr Etna, WY 83118* COSPkg Certificate of Sale Bernhardsen 11 -08365 Page 4 of 8 00809 CERTIFIED MAIL NO. N01: 71969009843000803955 CERTIFIED MAIL NO. FSN: 71969009843000807724 CERTIFIED MAIL NO. NOPP: 71969009843000829023 Keith C. Bernhardsen 1412 Saddle Dr Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000803979 CERTIFIED MAIL NO. FSN: 71969009843000807731 CERTIFIED MAIL NO. NOPP: 71969009843000829030 Keith C. Bernhardsen PO Box 5314 Etna, WY 83118 -5314* CERTIFIED MAIL NO. NOI: 71969009843000803986 CERTIFIED MAIL NO. FSN: 71969009843000807748 CERTIFIED MAIL NO. NOPP: 71969009843000829047 Keith C. Bernhardsen PO Box 2077 Jackson, WY 83001* CERTIFIED MAIL NO. NOI: 71969009843000803993 CERTIFIED MAIL NO. FSN: 71969009843000807755 CERTIFIED MAIL NO. NOPP: 71969009843000829054 Keith C. Bernhardsen PO Box 51535 Idaho Falls, ID 83401* CERTIFIED MAIL NO. NOI: 71969009843000804006 CERTIFIED MAIL NO. FSN: 71969009843000807762 CERTIFIED MAIL NO. NOPP: 71969009843000829061 Patricia E. Bernhardsen 1412 Saddle Dr Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000804013 CERTIFIED MAIL NO. FSN: 71969009843000807779 CERTIFIED MAIL NO. NOPP: 71969009843000829078 Patricia E. Bernhardsen PO Box 5314 Etna, WY 83118 -5314* CERTIFIED MAIL NO. NOI: 71969009843000804020 CERTIFIED MAIL NO. FSN: 71969009843000807786 CERTIFIED MAIL NO. NOPP: 71969009843000829085 Patricia E. Bernhardsen PO Box 2077 Jackson, WY 83001* CERTIFIED MAIL NO. NOI: 71969009843000804037 CERTIFIED MAIL NO. FSN: 71969009843000807793 CERTIFIED MAIL NO. NOPP: 71969009843000829092 Patricia E. Bernhardsen PO Box 51535 Idaho Falls, ID 83401* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 21, 2011 and the date of the first publication of the notice of foreclosure sale was October 6, 2011. FURTHER AFFIAN ETH,NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on r 7 day ofY 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATir OF WYOMING COUNTY OF NATRONA rnI olan fTx• in* Jon 111 2015 My commission expires: COSPkg ,9 -1S By: Patricia Ann- ichitsch Castle Stawiar LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and R k) 00810 Certificate of Sale Bernhardsen 11 -08365 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming NOTICE OF` POSTPONEMENT OF FORECLOSURES SALE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of promissory note (the "Note dated March 18, 2008, executed and delivered by Keith C. Bernhardsen and Patricia E. Bernhardsen "Mortgagor(s)'') to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC its successors and assigns "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 Mortgage 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 April 8,, 2008, at Reception No. 938134 in Book 691 at Page 560; WHEREAS, the Mortgage has been duly assigned for value by Mort- gagee as follows: Assignee: GMAC Mortgage, LLC Assignment dated: September 2' 2011: Assignment recorded: September 12,,;011 Assignment recording information: at Reception No. 960948 in Book 772 at Page 654 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln 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: LOT 126 IN NORDIC RANCHES (INCORRECTLY SHOWN ON THE MORTGAGE AS RANCHER) DIVISION NO. 9, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OPPICIAL RECORDS THEREOF. with an address of 1412 Saddle Dr, Etna, WY 83118. 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 November 1, 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 November 22, 2011 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County,' State of Wyoming. GMAC Mortgage, LLC PUBLISH: Nov. 3, 10, 17, 2011'(11 -08 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT day of A1_. 11 ROSEMARY CAPEtLE N ARY PUBLIC County of State of Lincoln Wyoming My Cnmmissfon Ex May 5, 2012 ..,.a kl..4:1( I .'L ael Jensen, Pu By; Castle Stawiarski, LLC 330 S. Walsh Drive Ste, 202 Casper, WY 82609 -0000 3 0 17 .33 3 5379 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 consecutive issues /weeks; the first publication being on the day of OVP f iehJ 20 11 and the last publication being on the 17 ,20 ti and that said a vertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on� this tj 1 T day of A.D., 20 t i Notary Michael Jens tore KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN blisher Certificate of Sale Bernhardsen 11 -08365 Page 6 of 8 00811 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated March 18, 2008, executed and delivered by Keith C. Bernhardsen and Patricia E. Bernhardsen "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC its successors and assigns, and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on April 8, 2008, at Reception No. 938134 in Book 691 at Page 56Q 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 WHEREAS, the mortgage was assigned for value as follows; Assignee: GMAC Mortgage, LLC Assignment dated: September 2, 2011 Assignment recorded: September 12, 2011 Assignment recording information: at Reception No. 960948 in Book 772 at Page 654 All in the records of the County Clerk and etc- officio Register of Deeds in and for Lincoln County, Wyoming. WHEREAS, the Mortgage contains a power of sale which by reason, of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been instituted and the same discontinued; and WHEREAS, written: notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner, and, the party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being, the total sum of $236,751.60 which sum consists of the unpaid principal balance of $227,735.68 plus interest accrued to the date of the first .pub- lication of this notice in the amount of $9,015.92, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sale; 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; NOW, THEREFORE GMAC Mortgage, LLC, 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 1, 2011 at the fr ont door of the Lincoln County Courthouse located at 925 Sage 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 126 IN NORDIC RANCHES (INCORRECTLY SHOWN ON THE MORTGAGE AS RANCHER) DIVISION NO. 9, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL RE- CORDS THEREOF. with an address of 1412 Saddle Dr, Etna, WY 83118. Together with all improvements thereon situate and all fixtures and appurtenances thereto. GMAC Mortgage, LLC By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Oct. 6 13.:20 27, 2011111- 08365) 1006 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 tG day of day of and the la publication being on the 74 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) dvSt c0A;0 Cr1! i 1L F id R5` '''i:i3L:i; County of "...ttoto Incatn Wyorrri•ng My c:in oisslnn c r r s M3v 5, ,^f!' 2 soA IRA) Michael Jens publisher KEMMERER, WYOMING Subscribed in my presence and sworn to before me on this 2T day of J>;) A.D., 20 l l STATE OF WYOMING )ss. COUNTY OF LINCOLN Certificate of Sale Bernhardsen 11 -08365 Page 7 of 8 0G S12 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 $2,733.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTP Update x3 Publication Cost PUB COST NOPP Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriff's Fee Deed Total $2,733.00 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 AFFI iT y: Patricia An Michitsch Castle Stawia, 1 LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on l day of p 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex +irna Jan 19 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title ae nd R n 600.00 835.00 167.70 8.00 275.00 441.60 284.70 50.00 29.00 11.00 11.00 10.00 10.00 (Signature of notarial officer) Certificate of Sale Bernhardsen 11 -08365 Page 8 of 8 0081