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HomeMy WebLinkAbout962322123132 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 00783 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 May 16, 2007, executed and delivered by Ryan L. Buck to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Alliance Partners LLC its successors and assigns and (b) that certain mortgage dated May 16, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 18, 2007, at Reception No. 929534 in Book 658 at Page 699 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: ALL OF LOT 4 AND ALL OF LOT 3 OF BLOCK 23 OF THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING, EXCEPTING THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: LESS AND EXCEPT, THE LAND DESCRIBED IN WARRANTY DEED RECORDED JULY 9, 1979 IN BOOK 157PR ON PAGE 545 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 205 Ruby St, Kemmerer, WY 83101 -3034 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: August 30, 2011 Assignment recorded: September 9, 2011 Assignment recording information: at Reception No. 960913 in Book 772 at Page 570 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, Nationstar 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. RECEIVED 12/13/2011 at 10:12 AM RECEIVING 962322 BOOK: 777 PAGE: 783 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Buck 11 -11167 Page 1 of 7 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 17, 2011 issue of said newspaper and ending with the December 8, 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 13, 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 101,876.04 "Bid Sum which was bid and offered by Nationstar 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 $2,567.85 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 13, 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 13th day of December 2011. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Na JOHN STEZENBACH Title: Deputy Sheriff Certificate of Sale Buck 11 -11167 Page 2 of 7 00784 STATE OF COUNTY OF WYOMING LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by JOHN STEZENBACH Deputy Sheriff of Lincoln County, State of Wyoming, this 13th day of December 2011. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Ax' 11 \A_(: Notary Public SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF R STATE OF LINCOLN WYOMING My Commission Expires Certificate of Sale Buck 11 -11167 Page 3 of 7 0078 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 May 16, 2007 (the "Mortgage and recorded on May 18, 2007, at Reception No. 929534 in Book 658 at Page 699 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 Ryan L. Buck "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Alliance Partners LLC its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: August 30, 2011 Assignment recorded: September 9, 2011 Assignment recording information: at Reception No. 960913 in Book 772 at Page 570 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: 71969009843000798657 CERTIFIED MAIL NO. FSN: 71969009843000804709 CERTIFIED MAIL NO. FSN2: 71969009843000813695 CERTIFIED MAIL NO. FSN3: 71969009843000838964 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* CERTIFIED MAIL NO. NOI: 71969009843000798640 CERTIFIED MAIL NO. FSN: 71969009843000804716 CERTIFIED MAIL NO. FSN2: 71969009843000813701 CERTIFIED MAIL NO. FSN3: 71969009843000838971 CURRENT RESIDENT 205 Ruby St Kemmerer, WY 83101 -3034* COSPkg Certificate of Sale Buck 11 -11167 Page 4 of 7 00786 CERTIFIED MAIL NO. NOI: 71969009843000798633 CERTIFIED MAIL NO. FSN: 71969009843000804723 CERTIFIED MAIL NO. FSN2: 71969009843000813718 CERTIFIED MAIL NO. FSN3: 71969009843000838988 Ryan L. Buck 205 Ruby St Kemmerer, WY 83101 -3034* CERTIFIED MAIL NO. NOI: 71969009843000798626 CERTIFIED MAIL NO. FSN: 71969009843000804730 CERTIFIED MAIL NO. FSN2: 71969009843000813725 CERTIFIED MAIL NO. FSN3: 71969009843000838995 Ryan L. Buck 2431 Pattison Ave Apt 104 Cheyenne, WY 82009* CERTIFIED MAIL NO. N01: 71969009843000798619 CERTIFIED MAIL NO. FSN: 71969009843000804747 CERTIFIED MAIL NO. FSN2: 71969009843000813732 CERTIFIED MAIL NO. FSN3: 71969009843000839008 Ryan L. Buck 1341 Moose Court Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 14, 2011 and the date of the first publication of the notice of foreclosure sale was November 17, 2011. State of Wyoming County of Natrona This instrument was acknowledged before me on day of i„ <.,;.r�•3 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC NANCY KEENER GTATO_ OF WYOMING 01.11\1' OF NA!'RONf' My Comm' isni.�n F.:xuir�3 :7'Frc�' a r2 My commission expires: 1- ,By: Patricia Anne Michit c Castle Stawia'rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature ofnotarial officer) Title (and RJnkf Certificate of Sale Buck 11 -11167 Page 5 of 7 00 787 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE 3 WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the "Note dated May 16, 2007, executed and delivered by Ryan L. Buck "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Mort- gage Alliance Partners 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 Mort- gagee, and which Mortgage was recorded on May 18, 2007, at Reception No. 929534 in Book 658 at Page 699 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: Nationstar Mortgage LLC Assignment dated: August 30, 2011 Assignment recorded: September 9, 2011 Assignment recording information: at Reception No. 960913 in Book 772 at Page 570 All in the records of the County Clerk and ex- 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 $98,479.98 which sum consists of the unpaid principal bal- ance of $93,605.44 plus interest accrued to the date of the first publica- tion of this notice in the amount of $4,874.54, 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 Nationstar 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 December 13, 2011 at the front 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: ALL OF LOT 4 AND ALL OF LOT 3 OF BLOCK 23 OF THE FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING, EXCEPTING THAT PORTION OF SAID LOT 3 DESCRIBED AS FOLLOWS: LESS AND EXCEPT, THE LAND DESCRIBED IN WARRANTY DEED RECORDED JULY 9, 1979 IN BOOK 157PR ON PAGE 545 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 205 Ruby St, Kemmerer, WY 83101 -3034. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Nationstar Mortgage LLC By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Nov. 17, 23, Dec. 1, 8, 2011 (11- 11167) 1117E L;061-'Kg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 j- consecutive issues /weeks; the first publication being on the t day of e) P;,i.A. X21 20 i 1 and the last publication being on the day of ,j.;?_('st a .k,) 20 'i t and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, General Manager 2.- 4. .....y cs,e, w..am (7. tiCSi.MAii! GAPELI.FN NOTARY r'ii6Ll(; county of State of Lincoln Wyam+ng My (::rrrmissioa iT?, it s May 2012 S -fl ,W e'es +.i.sue a. eY na.n ,n 94•9..PN.se. Subscribed in my presence and sworn to beforee me on this 8 day of /1) A.D., 20 by_Mark Tesoro, General e,v,ki, l 1.11} 1j. Notary Sigrnature Certificate of Sale Buck 11 -11167 Page 6 of 7 00788 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 $2,567.85 as compensation for services actually rendered in the foreclosure proceeding. 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 AFFINTSAYETJ-I NAUGHT. By: atricia An p6 Michitsch Castle Stawiar ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN PUB COST FSN2 PUB COST FSN3 11 -17 -11 Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed FTPDD X 2 Conduct Sale Fee Total $2,567.85 This instrument was acknowledged before me on V day of it.9Q e 2011 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLIC FANCY KEENER STATE. OF WYOMING 1")11N1 (OF MATRON a r Y r tia�, Jan 19 F9155, My commission expires: COSPkg 9 r/ EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) Title (and Rant) 600.00 529.00 111.80 8.00 113.85 455.40 481.80 26.00 11.00 11.00 10.00 10.00 150.00 50.00 Certificate of Sale Buck 11 -11167 Page 7of7 00789