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HomeMy WebLinkAbout962663120832 STATE OF WYOMING COUNTY OF LINCOLN 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 April 23, 1999, executed and delivered by Raymond R. May and Betty L. May to The Jackson State Bank and (b) that certain mortgage dated April 23, 1999 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 23, 1999, at Reception No. 858332 in Book 429 at Page 494 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 28 OF STAR VALLEY RANCH PLAT 16, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 968 Cedar Creek Dr., Thayne, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: April 23, 1999 Assignment recorded: May 11, 1999 Assignment recording information: at Reception No. 858551 in Book 430 at Page 070 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., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans, Inc. "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 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 15, 2011 issue of said newspaper and ending with the January 5, 2012 issue thereof; that said notice COSPkg RECEIVED 1/10/2012 at 10:14 AM RECEIVING 962663 BOOK: 779 PAGE: 161 JEANNE WAGNER LINCOLN COUNTY CLE___ MMERER, WY Certificate of Sale Maly 11 -16428 Page 1 of 7 001 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 January 10, 2012 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 $121,192.41 "Bid Sum which was bid and offered by Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans, Inc. "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 $1,895.40 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 January 10, 2012, 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 10th day of January 2012. COSPkg Sheriff in and for Lincoln County, State of Wyoming Title: M. Shane Johnson Deputy Sheriff Certificate of Sale Maly 11 -16428 Page 2 of 7 00162 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 10th day of January 2012. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public SAVANNA L. KRAIL NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires Certificate of Sale May 11 -16428 Page3of7 00163 STATE OF WYOMING COUNTY OF NATRONA 070 CERTIFIED MAIL NO. NOI: 71969009843000854360 CERTIFIED MAIL NO. FSN: 71969009843000859945 CURRENT RESIDENT 968 Cedar Creek Dr. Thayne, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000854377 CERTIFIED MAIL NO. FSN: 71969009843000859952 Raymond R. Maly 968 Cedar Creek Dr. Thayne, WY 83128* COSPkg 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 April 23, 1999 (the "Mortgage and recorded on May 23, 1999, at Reception No. 858332 in Book 429 at Page 494 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 Raymond R. Maly and Betty L. Maly "Mortgagor(s) the named mortgagor(s), and The Jackson State Bank is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. Assignment dated: April 23, 1999 Assignment recorded: May 11, 1999 Assignment recording information: at Reception No. 858551 in Book 430 at Page 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:70110470000154747851 CERTIFIED MAIL NO. FSN:70110470000154738590 Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP flea Countrywide Home Loans, Inc. 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* Certificate of. Sale Maly 11 -16428 Page4of7 00164 CERTIFIED MAIL NO. NOI: 71969009843000854384 CERTIFIED MAIL NO. FSN: 71969009843000859969 Raymond R. Maly PO Box 4495 Jackson, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000854391 CERTIFIED MAIL NO. FSN: 71969009843000859976 Betty L. Maly 968 Cedar Creek Dr. Thayne, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000854407 CERTIFIED MAIL NO. FSN: 71969009843000859983 Betty L. May PO Box 4495 Jackson, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000854414 CERTIFIED MAIL NO. FSN: 71969009843000859990 The Jackson State Bank PO Box 1788 112 Center Street Jackson, WY 83001* CERTIFIED MAIL NO. NOI: 71969009843000854421 CERTIFIED MAIL NO. FSN: 71969009843000860002 Star Valley Ranch HOA 1- ICR62, PO Box 7008 Star Valley Ranch, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000854438 CERTIFIED MAIL NO. FSN: 71969009843000860019 Wells Fargo Bank, Natl Association MAC C7832 -020 50 Buffalo Way Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 71969009843000854445 CERTIFIED MAIL N0. FSN: 71969009843000860026 Lincoln County Treasurer 925 Sage, Suite 102 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 30, 2011 and the date of the first publication of the notice of foreclosure sale was December 15, 2011. State of Wyoming County of Natrona day of Castle Stawiarski t a FURTHER AFFIANT SAYETH NAUGHT. vcf 5'1 mu t; KEENER. SIMI' OF R YOMIN4+ I0I IMl t t OF PkA 1 i ;tO g r 'It° i 5 xT•1d1n3 My commission expires: COSPkg r 6j,1 y' By: 'atricia Anne Mich Castle Stawi fski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of LLC. (Signature of notarial off icer) Title (and Ran Certificate of Sale Maly 11 -16428 Page 5 of 7 00165 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 April 23, 1999, executed and delivered by Raymond R. Maly and Betty L. Maly "Mo to State Bank, and a real estate mortgage (the Mo o "the "Name date securing the Note, which Mortgage was ,executed; and delivered by said Mortgagor(s), to said Mortgagee, and which Mortgage was recorded on May 23, 1999, at Reception No. 858332 in Book 429 at Page 494 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 WFIEREAS, the mortgage was assigned for value as follows: Assignee: Countrywide Horne Loans, Inc. Assignment dated: April. 23, 1999 Assignment recorded: May 11, 1999 Assignment recording information: at Reception No. 858551 in Book 430 at Page 070 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 a 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 conunencement 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, $119,593.86 which sum consists of the unpaid principal balance of $116,820.36 plus interest accrued to the date of the first pub- lication of this notice in the amount of $2,773.50, 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., as successor by merger to BAC Horne Loans Servicing, LP fka Countrywide Home Loans, Inc., 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 January 10, 2012 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: LOT 28 OF STAR VALLEY RANCH PLAT 16, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 968 Cedar Creek Dr., Thayne, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans, Inc. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 5379 PUBLISH: Dec. 15, 22, 29; 2011; Jan. 5, 2012 (11- 16428)07) 333 15C EXHIBIT B PUBLISHER'S AFFIDAVIT 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 -4 consecutive issues /weeks; the first publication being on the I -N u day of .X2.6.d 20 'd b and the last publication being on the 5 day of and that said advertise ent appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 a; Michael J-ns' n, Publisher ROSEMARY CAPELI.EN NOTARY PUBLIC County of n State of Lincoln Wyoming My C.ommissfon Expires May 5, 2012 Subscribed in my presence and sworn to before me on this 5 day of (J A.D., 20 1 ensen,Publ'q `i Notary Sa ture Page6of7 00166 STATE OF WYOMING COUNTY OF NATRONA 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 $1,895.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Title Commitment 588.00 Statutory Notice Fee 111.80 PUB COST FSN 12 -15 -11 452.60 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 Sheriff's Fee Sale 10.00 Sheriffs Fee Deed 10.00 Total $1,895.40 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•ANT SAYETN NAUGHT. rl By: Patricia Ann 'Mlichitsbh' Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on S' day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. <GYF.a f PFa y tF§J;! 4 �JFSF t".lh Z".LYix.: NOTARY PLJSt,g NANCY '.EE FE ST4Tr Or viria.)ntoN( f s9N OF NATRo)Ni: +1'42 \^.13' Yi 4'.- T...; P:PY..;.xi ^r±.:: My commission expires: COSPkg (Signature of notarial officer) Title (and Ran Certificate of Sale Maly 11 -16428 Page 7 of 7 0