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HomeMy WebLinkAbout962232121490 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 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 June 23, 2006, executed and delivered by Donald C Lloyd and Lynda A Lloyd to First Horizon Home Loan Corporation and (b) that certain mortgage dated June 23, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 29, 2006 and re- Recorded on: January 10, 2007, at Reception No. 919800 in Book 625 at Page 61 and re- Recorded at Reception No. 925985 in Book 646 at Page 22 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 4 OF BEAR HOLLOW TWIN HOMES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 20, 2000 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS INSTRUMENT NO. 866535 AND PLAT NO. 393. with an address of 270 Bear Hollow Circle, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: June 23, 2006 Assignment recorded: June 30, 2006 Assignment recording information: at Reception No. 919864 in Book 625 at Page 321 Assignee: Wyoming Community Development Authority Assignment dated: June 29, 2006 Assignment recorded: August 21, 2006 Assignment recording information: at Reception No. 921533 in Book 631 at Page 22 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, Wyoming Community Development Authority "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose RECEIVED 12/6/2011 at 10:21 AM RECEIVING 962232 BOOK: 777 PAGE: 504 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Lloyd 11 -14922 Page 1 of 7 00'504 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 November 10, 2011 issue of said newspaper and ending with the December 1, 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 December 6, 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 $174,582.17 "Bid Sum which was bid and offered by Wyoming Community Development Authority "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 $1,365.20 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 December 6, 2011, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Lloyd 11 -14922 Page 2 of 7 00505 DATED at Kemmerer, Lincoln County, State of Wyoming, this 6th day of December 2011. 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 6th day of December 2011. My Commission Expires: COSPkg CO i r,' u;- MY Cn;rc. >u;: Witness my hand and official seal. ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Bart Julander Title: Deputy Sheriff Certificate of Sale Lloyd 11 -14922 Page 3 of 7 00506 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 June 23, 2006 (the "Mortgage and recorded on June 29, 2006 and re- Recorded on: January 10, 2007, at Reception No. 919800 in Book 625 at Page 61 and re- Recorded at Reception No. 925985 in Book 646 at Page 22 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 Donald C Lloyd and Lynda A Lloyd "Mortgagor(s) the named mortgagor(s), and First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wyoming Community Development Authority Assignment dated: June 23, 2006 Assignment recorded: June 30, 2006 Assignment recording information: at Reception No. 919864 in Book 625 at Page 321 Assignee: Wyoming Community Development Authority Assignment dated: June 29, 2006 Assignment recorded: August 21, 2006 Assignment recording information: at Reception No. 921533 in Book 631 at Page 22 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: 71969009843000826664 CERTIFIED MAIL NO. FSN: 71969009843000832818 Wyoming Community Development Authority P.O. Box 10100 Casper, WY 82602* CERTIFIED MAIL NO. NOI: 71969009843000826671 CERTIFIED MAIL NO. FSN: 71969009843000832825 CURRENT RESIDENT 270 Bear I Iollow Circle Thayne, WY 83127* COSPkg Certificate of Sale Lloyd 11 -14922 Page 4 of 7 00507 CERTIFIED MAIL NO. N01: 71969009843000826688 CERTIFIED MAIL NO. FSN: 71969009843000832832 Donald C Lloyd 270 Bear Hollow Circle Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000826695 CERTIFIED MAIL NO. FSN: 71969009843000832849 Donald C Lloyd PO BOX 3112 Alpine, WY 83128 -0112* CERTIFIED MAIL NO. NOI: 71969009843000826701 CERTIFIED MAIL NO. FSN: 71969009843000832856 Donald C Lloyd P.O. Box 3085 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000826718 CERTIFIED MAIL NO. FSN: 71969009843000832863 Lynda A Lloyd 270 Bear Hollow Circle Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000826725 CERTIFIED MAIL NO. FSN: 71969009843000832870 Lynda A Lloyd PO BOX 3112 Alpine, WY 83128 -0112* CERTIFIED MAIL NO. N01: 71969009843000826732 CERTIFIED MAIL NO. FSN: 71969009843000832887 Lynda A Lloyd P.O. Box 3085 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000826749 CERTIFIED MAIL NO. FSN: 71969009843000832894 Wyoming Community Development Authority 155 N. Beech Street Casper, WY 82602* CERTIFIED MAIL NO. NOI: 71969009843000826756 CERTIFIED MAIL NO. FSN: 71969009843000832900 Sec of Housing Urban Development First hnterstate Tower North 633 17th Street Denver, CO 80202* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 26, 2011 and the date of the first publication of the notice of foreclosure sale was November 10, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on f day of {..9 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. FURTHER AFFIANT SAYETH NAUGHT. NOTARY7UFSC.K. u NANCY ",TAI OF WYONIi G by 0tiNTY OF NATt ON; CS ?m miasi3r) Ex tin::3 J mS 2t f5 My commission expires: COSPkg '6 atricia Ann Michitsc astle Stawiars I, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Ci (Signature of notarial officer) Title (and Igaf Certificate of Sale Lloyd 11 -14922 Page5of7 00508 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming th p; f ault in then payment of principal and interest has oc- ed under the tetras of a promissory note (the "Note dated June 23, executed 'iand delivered by Donald C Lloyd and Lynda A Lloyd ortgagor(s)'')r:to First 'Horizon Home Loan Corporation, and a real estate mortgage (the "1V19rtgage of the same date securing the Note, 'which Mortgage was executed and delivered by said Mortgagor(s), to aosai dvMortgagee and which Mortgage was;recorded on June 29, 2006 and e9Recorded on: January f0, 2007, at Reception No. 919800 in Book 625 'at t Page 61 and re- Recorded at Reception No. 925985 in Book 646 at Page 22 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: Wyoming Community Development Authority Assignment dated: June 23, 2006 Ssignment recorded; June, 30, 2 006 ssignment "recording information: at Reception No. 919864 in Book at Page321 ►ssigpee: Wyo ng Community Development Authority .ssigument4ated June, 29, 2006 ssign ent,recorded ;August 21, 2006 ssignmerit recording „information: at Reception No. 921533 in Book rt.Page 22 tin the records of the County Clerk and ex- officio Register of Deeds i f r incoln County, Wyoming. ,defy defau AS, the•Morttgage contains a_power of sale which by reason }t the 1V)ortg gee declares tohave become operative, and no or proceeding ilas been instituted at law to recover the debt secured �y the Mortgage, or anypart,thereof, nor as any such suit or proceeding een instituted ancl the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by t vertisenent =and sale has been served upon the record owner and the in possession of the mortgaged premises at least ten (10) days prior ;tbedcornmeneetnent of this publication, and the amount due upon the gage on the;. date of first publication of this notice of sale being the sum. of f 9,262 35 Which sum consists of the unpaid principal ance of $165,.133.86 plus, interest” accrued to the date of the first pub- ,,gri oftlu§,notice in the amout of plus attorneys' fees, expended and accruing interest and late charges after the date of »bllcan of notice of sale; T 1e property being foreck,sed upon may be subject. to ens and' encumbrances that will not be extinguished at the sale. ospective purchaserlshould research the status of title before g a bid; k W THEREFORE Wyoming Community Development Authority, atthe, "Mortgagee, w FO ill have the Mortgage foreclosed as bylaw provided y; causing! the mortgaged property to be sold at public. venue by the e or Deputy Sheriff in and for Lincoln. County, Wyoming to the ig�1e t.bidd erAfor cash at 0;'clock in thorenoon on December 011,,atthe, ;front door` of. the. 00 Li C e f County Courthouse orated at S age Ave 'K emm e rer, WY Lincoln County, f or application on above described amoun secured by the Mortgage, said mortgaged erty, being describ as, follows, to -wit: D T 4 OF BEAR HOLLOW TWIN HOMES SUBDIVISION, LIN C COUNTY,• WYOMING.AS D ESCRIBED LATNO ON THE OFFICIAL rr FILED ON JUNE 20, 2000 IN THE OFFICE OF THE LINCOLN CI.ERKA INSTRUMENTN0. 866535 AND P 393. an address °of 270 ;Bear Hollow Circle, Thayne, WY 83127. ogether with.,all improvements thereon situate and all fixtures and apl Wyoming' Community Development Authority By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 SH: Nov. 10, 17, 24, Dec. 1, 2011 (11- 14922) (307)333 1110 urtenances;thereto. EXHIBIT B PUBLISHER'S AFFIDAVIT t4. 1 (14 u re OSURE SALE NOTICE Kemmerer, Wyoming STATE OF WYOMING )ss. County of Lincoln I, Mark Tesoro, 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 10 day of '\11 i)0 #1v1.t 20_11_, and the I t publication being on the 1 -P ethi 20 t I day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) _I b \Mark Mark Tesoro, General Manager 0S CAPEif f N NQt'ARY PU BUC County of State af Lincoln Wyoming My Commission s:xoires May 5, 2012 a...* a ..3 .4.....0....1...a.4. .r '.••e Subscribed in my presence and sworn to before me on this 1 day of r evi1UPh1 A.D oro, Gen-' al otary Si 00509 r %..c,uI .aUc v, aatc Lloyd 11 -14922 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $1,365.20 as compensation for services actually rendered in the foreclosure proceeding. Total $1,365.20 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 ANT SAYi= H NAUGHT. y: atricia Api1e Michitsch' Castle Stawiafski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona NOTARY �?1lk�L C NANCY �;;Et~NE b k:? 3 31 o 'W (tS"9 NG oup OI NA' Noi'!s y Co Data =l, air, r i m My commission expires: —i s COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee PUB COST FSN Conduct Sale Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed SS (Signature of notarial officer) Title (and rCati(k) 650.00 111.80 496.40 50.00 26.00 11.00 10.00 10.00 This instrument was acknowledged before me on day of 1L) 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Certificate of Sale Lloyd 11 -14922 Page 7 of 7 00510