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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 October 29, 2007, executed and delivered by
Donna Deapen and JiII M. Boyer to Mortgage Electronic Registration Systems,
Inc., as nominee for Bank of Jackson Hole its successors and assigns and (b)
that certain mortgage dated October 29, 2007 (the "Mortgage securing said
note, which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on November 1, 2007, at Reception No. 934534
in Book 677 at Page 473 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:
UNIT 203 OF BUILDING 200, STATELINE CONDOMINIUMS,
PHASE II, BUILDING 200, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON OCTOBER 24, 2007, AS DOCUMENT NO.
934331, AS PLAT NO. 934331, IN THE OFFICE OF THE CLERK
OF LINCOLN COUNTY, WYOMING, ALSO BEING A PART OF
LOT 2, STATELINE ESTATES, AS SHOWN ON THE OFFICIAL
PLAT THEREOF FILED ON NOVEMBER 17, 2005, AS
DOCUMENT NO. 913797, AS PLAT NO. 293 -E, IN THE OFFICE
OF THE CLERK OF LINCOLN COUNTY, WYOMING, AND
FURTHER DEFINED AND DESCRIBED IN THAT CERTAIN
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STATELINE CONDOMINIUMS LOCATED
IN FREEDOM, LINCOLN COUNTY, WYOMING, CREATED BY
DOCUMENT NO. 934333, IN BOOK 676, AT PAGE 631 OR SET
FORTH IN THE RELATED BY LAWS IN ANY INSTRUMENT
CREATING THE ESTATE OR INTEREST INSURED BY THIS
POLICY; AND IN ANY OTHER ALLIED INSTRUMENT
REFERRED TO IN ANY OF THE INSTRUMENTS AFORESAID.
COSPkg
with an address of 14 James Way, Freedom, WY 83120
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: October 26, 2011
Assignment recorded: November 7, 2011
Assignment recording information: at Reception No. 961757 in Book 775 at Page
672
All in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, Wyoming.
RECEIVED 12/27/2011 at 10:21 AM
RECEIVING 962486
BOOK: 778 PAGE: 367
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Deapen 11-14384
Page 1 of 7
0036'
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.
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 December 1, 2011 issue of
said newspaper and ending with the December 22, 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 27, 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
$162,709.32 "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 $2,162.44 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 27, 2011, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
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Certificate of Sale
Deapen 11-14384
Page 2 of 7
00368
DATED at Kemmerer, Lincoln County, State of Wyoming, this
27th day of December 2011.
STATE OF
COUNTY OF
My Commission Expires:
Cov nY o
LINCOLN
Aty Gnn
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WYOMING
LINCOLN
.'M Shane Johnson
By:
Title: Deputy Sheriff
ACKNOWLEDGMENT
SS
The foregoing instrument was subscribed in my presence and
acknowledged before me by
Deputy Sheriff of Lincoln County, State of Wyoming, this 27th day of
December 2011.
Bart Julander
Witness my hand and official seal.
!lotaryP bIic
Sheriff in and for Lincoln County, State
of Wyoming
Print Name: Bart Julander
Certificate of Sale
Deapen 11-14384
Page 3 of 7
910369
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 October 29, 2007 (the "Mortgage and
recorded on November 1, 2007, at Reception No. 934534 in Book 677 at Page
473 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 Donna Deapen and
Jill M. Boyer "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: October 26, 2011
Assignment recorded: November 7, 2011
Assignment recording information: at Reception No. 961757 in Book 775 at Page
672
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:70110470000154748490
CERTIFIED MAIL NO. FSN:7 0 1 1 0470000 1 5 475 025 7
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP
400 National Way, SV 35, P.O. Box 10232
Simi Valley, CA 93065 -6298*
CERTIFIED MAIL NO. NOI: 71969009843000841629
CERTIFIED MAIL NO. FSN: 71969009843000849236
CURRENT RESIDENT
14 James Way
Freedom, WY 83120*
CERTIFIED MAIL NO. NOI: 71969009843000841636
CERTIFIED MAIL NO. FSN: 71969009843000849243
Donna Deapen
14 James Way
Freedom, WY 83120*
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Certificate of Sale
Deapen 11 -14384
Page4of7
003`'0
CERTIFIED MAIL NO. NOI: 71969009843000841650
CERTIFIED MAIL NO. FSN: 71969009843000849250
Donna Deapen
PO Box 11534
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000841667
CERTIFIED MAIL NO. FSN: 71969009843000849267
Jill M. Boyer
PO Box 11534
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000841674
CERTIFIED MAIL NO. FSN: 71969009843000849274
Jill M. Boyer
14 James Way
Freedom, WY 83120*
CERTIFIED MAIL NO. NOI: 71969009843000841681
CERTIFIED MAIL NO. FSN: 71969009843000849281
Jill M. Boyer
14 James Way
Freedom, WY 83120 -8800*
CERTIFIED MAIL NO. NOI: 71969009843000841698
CERTIFIED MAIL NO. FSN: 71969009843000849298
Jill M. Boyer
42381 W Posada Dr
Maricopa, AZ 85138*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was November 14, 2011 and the date of the first publication of the
notice of foreclosure sale was December 1, 2011.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day of 1.3.0- e.v- -0-a, 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
w!r.tr.em -4s ian.
NOTARY P pp
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My commission expires:
9.
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.B`y: Patricia ,11"ne MichitscK
Castle Stawiski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Ralik)
Certificate of Sale
Deapen 11-14384
Page 5 of 7
00371
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 October
29, 2007, executed and delivered by Donna Deapen and Jill M. Boyer
"Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as
nominee for Bank of Jackson Hole 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 November 1,
2007, at Reception No. 934534 in Book 677 at Page 473 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: Bank of America, N.A., successor by merger to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing LP
Assignment dated: October 26, 2011
Assignment recorded: November 7, 2011
Assignment recording information: at Reception No. 961757 in Book
775 at Page 672
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 $159,508.24 which sum consists of the unpaid principal
balance of $150,766.37 plus interest accrued to the date of the first pub
lication of this notice in the amount of $8,741.87, 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 Bank of America, N.A., successor by merger to
BAC Horne 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 December
27, 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:
UNIT 203 OF BUILDING 200, STATELINE CONDOMINIUMS,
PHASE II, BUILDING 200, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON OCTOBER 24, 2007, AS DOCUMENT NO.
934331, AS PLAT NO. 934331, IN THE OFFICE OF THE CLERK OF
LINCOLN COUNTY, WYOMING, ALSO BEING APART OF LOT
2, STATELINE ESTATES, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON NOVEMBER 17, 2005, AS DOCUMENT NO.
913797, AS PLAT NO. 293 -E, IN THE OFFICE OF THE CLERK OF
LINCOLN COUNTY, WYOMING, AND FURTHER DEFINED AND
DESCRIBED IN THAT CERTAIN DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR STATELINE CONDOMINI-
UMS LOCATED IN FREEDOM, LINCOLN COUNTY, WYOMING,
CREATED BY DOCUMENT NO. 934333, IN BOOK 676, AT PAGE
631 OR SET FORTH IN THE RELATED BY LAWS IN ANY INSTRU-
MENT CREATING THE ESTATE OR INTEREST INSURED BY THIS
POLICY; AND IN ANY OTHER ALLIED INSTRUMENT REFERRED
TO IN ANY OF THE INSTRUMENTS AFORESAID.
with an address of 14 James Way, Freedom, WY 83120.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
Bank of America, N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans Servicing LP
By: Castle Stawiarski, LLC
330 S. WalshDrive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
PUBLISH: Dec. 1, 8, 15, 22, 2011 (11- 14384) 1201E
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
Publisher 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 1 consecutive issues /weeks;
the first publication being on the 1
day of �.4'2.e f1 l 20 t l
and the, ast publication being on the ?2,_
day of f_C Vi.'Vl.k' 20 1 I
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael J-n, Publisher
siOSLM/aY CAt FLI r TdITAiiy PUBLIC:
Colirity of b State of
tine oto Wyoming
Rev C ommis k n r gyres May 5, ?n12
Subscribed in my presence and sworn to
before me on this 22. day of
Pd° iV1 t3 A.D., 20 1
y Michael Jensen, Publ,sh
tiC .1)4
Notary Sig i ture
Certificate of Sale
Deapen 11 -14384
Page 6 of 7
003.72
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 $2,162.44 as compensation for services
actually rendered in the foreclosure proceeding.
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Attorney Fees (Foreclosure) 600.00
Title Commitment 738.00
Statutory Notice Fee 89.44
Record AOM 8.00
PUB COST FSN 12 -1 -11 584.00
FTPDD 25.00
Conduct Sale Fee 50.00
Record Cert. of Sale 26.00
Record Assign of Cert. of Sale 11.00
Record Sheriff's Deed 11.00
Sheriffs Fee Sale 10.00
Sheriffs Fee Deed 10.00
Total $2,162.44
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 AFFIANT SAYETH NAUGHT.
./7(
r
3y' Patricia Ann Michitsch
Castle Stawiarski,, LC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
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My commission expires:
f 913
This instrument was acknowledged before me on
day of d.��. 2011 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature of notarial off
Title (and afik)
Certificate of Sale
Deapen 11 -14384
Page 7 of 7
00373