HomeMy WebLinkAbout963001STATE OF WYOMING
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CERTIFICATE OF SALE
SS
COUNTY OF LINCOLN6k
upon his oath, states and certifies as follows:
of lawful age, being f rst duly sworn
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 14, 2007, executed and delivered by David
Steven Farmer to First Horizon Home Loans, a Division of First Tennesse Bank
N.A. and (b) that certain mortgage dated June 14, 2007 (the "Mortgage
securing said note, which Mortgage was executed and delivered by said
mortgagor(s), to said mortgagee, and was recorded on June 18, 2007, at
Reception No. 930430 in Book 662 at Page 352 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 304 OF BUILDING 300, STATELINE CONDCMINIUMS, AS
SHOWN ON THE OFFICIAL PLAT THEREOF FILED ON
SEPTEMBER 12, 2006, AS DOCUMENT NO. 922381, AS PLAT
NO. 362 -A, IN THE OFFICE OF THE CLERK OF LINCOLN
COUNTY, WYOMING, ALSO BEING A PART OF LOT 3,
STATELINE ESTATES, AS SHOWN ON THE OFFICIAL PLAT
THEREOF FILED ON NOVEMBER 17, 2005, AS DCCUMENT 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, COVENANTS, CONDITIONS AND RESTRICTIONS
FOR STATELINE CONDOMINIUMS LOCATED IN FREEDOM,
LINCOLN COUNTY, WYOMING, CREATED BY DOCUMENT NO.
922380, IN BOOK 633, AT PAGE 513 OR SET FORTH IN THE
RELATED BYLAWS 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.
with an address of 300 James Way, Unit #304, Freedom, WY
83120
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 14, 2007
Assignment recorded: June 18, 2007
Assignment recording information: at Reception No. 930431 in Book 662 at Page
372
All in the records of the County Clerk and ex- officio Register of Deeds in and for
Lincoln County, Wyoming.
RECEIVED 1/31/2012 at 10:27 AM
RECEIVING 963001
BOOK: 780 PAGE: 374
JEANNE WAGNER
LINCOLN COUNTY C KEMMERER, WY
Certificate of Sale
Farmer 11 -17408
Page 1 of 7
00374
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
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 January 5, 2012 issue of said
newspaper and ending with the January 26, 2012 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 January 31, 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
$99,000.00 "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 $1,328.88 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 31, 2012, 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
Farmer 11 -17408
Page 2 of 7
00375
DATED at Kemmerer, Lincoln County, State of Wyoming, this
4 :7 day of i,' �1uL. 2012.
4 e
Sheriff i and for Lincoln County, State
of Wyo ing
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was subscribed, in my presence and
acknowledged before me by C ft..' (*k_:)c��
Deputy Sheriff of Lincoln County, State of Wyoming, this day of
A «t°v t i L\ 2012.
Witness my hand and official seal.
My Commission Expires:
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#0 .0,04.044 0 0,04-4.0 AVAN AN L MU. NOTARY PUBLIC
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WYOMINSTATE OF
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LINCOLN 1 j 7 2 G
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ACKNOWLEDGMENT
By: t ial'
Print Name: �L.-� i au
Title: a, L )1'
Notary Public
Certificate of Sale
Farmer 11 -17408
Page 3 of 7
00376
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 14, 2007 (the "Mortgage and recorded
on June 18, 2007, at Reception No. 930430 in Book 662 at Page 352 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 David Steven Farmer
"Mortgagor(s) the named mortgagor(s), and First Horizon Home Loans, a
Division of First Tennesse Bank N.A. is the named mortgagee, which Mortgage
was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: June 14, 2007
Assignment recorded: June 18, 2007
Assignment recording information: at Reception No. 930431 in Book 662 at Page
372
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: 71969009843000868619
CERTIFIED MAIL NO. FSN: 71969009843000871794
Wyoming Community Development Authority
P.O. Box 10100
Casper, WY 82602*
CERTIFIED MAIL NO. NOI: 71969009843000868626
CERTIFIED MAIL NO. FSN: 71969009843000871800
CURRENT RESIDENT
300 James Way, Unit #304
Freedom, WY 83120*
CERTIFIED MAIL NO. NOI: 71969009843000868633
CERTIFIED MAIL NO. FSN: 71969009843000871817
David Steven Farmer
300 James Way, Unit #304
Freedom, WY 83120*
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EXHIBIT A
SS
Certificate of Sale
Farmer 11 -17408
Page 4 of 7
00377
CERTIFIED MAIL NO. NOI: 71969009843000868640
CERTIFIED MAIL NO. FSN: 71969009843000871824
David Steven Farmer
1120 Louisiana Way
Green River, WY 82935 -5834*
CERTIFIED MAIL NO. NOI: 71969009843000868657
CERTIFIED MAIL NO. FSN: 71969009843000871831
Lincoln County Treasurer
925 Sage Suite 102
Kemmerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000868664
CERTIFIED MAIL NO. FSN: 71969009843000871848
Suzanne Grasso
CP Holder
229 Jade Street
Rock Springs, WY 82901*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was December 22, 2011 and the date of the first publication of the
notice of foreclosure sale was January 5, 2012.
State of Wyoming
County of Natrona
day of
Castle Stawiarski, LLC.
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FURTHER AFFIANT SAYETH NAUGHT.
imoT ARY PUBLIC
K6;1..t.VY 0R
1.., ::,if�rlP.
STATE o;: WYOmiNG
COUNTY Of NATi ONA
Co 'omission i xpires Jan 13 201S
PS: i ^f'6�A?f,'�£!Y��'•,�M6IM:g!$`M' Irk'0u.'i'Ti:�;+n7rM *+'X���O
My commission expires:
Y, /i
-By: Patricia Anne Michitsch
Castle Stawiarski, 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
Certificate of Sale
Farmer 11 -17408
Page 5 of 7
00378
FORECLOSURE SALE NOTICE
WHEREAS, default in, the payment of principal and interest has oc
ed under the terms of a promissory note, (the "Note") dated June 14,
xecuted and delivered` by David Steven Farmer "Mortgagor(s)"')
st Ho on Home Loans, a Division of First Tennesse Bank N.A.,
real estatemortgage (the "Mortgage of the same date securing the
d ote, which Mortgage was executed and delivered by said Mortgagor(s),
t said Mortgagee, and which Mortgage was recorded on June 18, 2007,
at Reception. No. 930430 in Book 662 at•Page 352 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
I WHEREAS, the mortgage was assigned for value as follows:
Assignee: Wyoming Community Development Authority
Assignment dated: June 14, 2007
Assignment recorded: June 18, 2007
Assigtunent recording information: at Reception No. 930431 in Book
662 at Page 372
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
toithe 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 $134,327,95 which sum consists of the unpaid principal
balance of $129,796.52 plus interest accrued to the date of the first pub-
lication of this notice in the amount of $4,531.43, 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 Wyoming Community Development Authority,
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 31, 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:
UNIT 304 OF BUILDING 300, STATELINE CONDOMINIUMS, AS
SHOWN ON THE .OFFICIAL PLAT THEREOF FILED ON SEPTEM-
BER 12 2006, AS DOCUMENT NO. 922381, AS PLAT NO. 362 -A, IN
THE OF•FFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING,
ALSO BEING A PARTOFLOT 3 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 DEC-
LARATION OF COVENANTS, COVENANTS, CONDITIONS AND
RESTRICTIONS FOR STATELINE CONDOMINIUMS LOCATED IN
FREEDOM, LINCOLN COUNTY, WYOMING, CREATED BY DOCU-
MENTNO; 922380, IN BOOK 633, AT PAGE 513 OR SET FORTH IN
THE RELATED BYLAWS 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.
with an address of 300 James Way, Unit #304, Freedom, WY 83120.
Together with all thereon situate and all fixtures and
appurtenances thereto.
Wyoming Community Development Authority
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307) 333 5379
PUBLISH:' Jan.' 5, 12, 19, 26, 2012 (11- 17408) 0105
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B
PUBLISHER'S AFFIDAVIT
day of
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 4 consecutive issues /weeks;
the first publication being on the
day of Sailiti!..4i.-- 20
publication the last ublication eing on the On
(lAtta 20 t
tJ
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael n en, Publisher
AFB :P C'`.POe .^.17
n0 't.' %uYf CAl•f_i I F N NUTAF r'I15LlC
t: Stott: of
Lincoln
County of /Iyorrdng
My C 'ri ssinn t.;,•.rv, May ?nt7
Subscribed in my presence and sworn to
before me on this day of
by Michael Jeen, P blisl\e
otary Signa
i
00379
Certiticate of Sale
Farmer 11 -17408
Page 6 of 7
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 $1,328.88 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Statutory Notice Fee
PUB COST FSN 1 -1 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $1,328.88
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.
A 76‘.
By: Patricia Anne Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
State of Wyoming
County of Natrona
/i 7) This instrument was acknowledged before me on
day of ji 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarsk LLC.
B'F)fARY 1''SBl>UC
LEY 1,, DRELICHAR
f`W h<<
STATE OF WYOMING
t in C:.OUN;'�, OF NATRONA
P,��/ f_ i is:ljOU c;:.p r d _hn 19, 2015
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My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
Ignatu[.-._if nota
Title (and R
600.00
67.08
554.80
50.00
26.00
11.00
10.00
10.00
Certificate of Sale
Farmer 11 -17408
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