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HomeMy WebLinkAbout963104123228 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 November 16, 2006, executed and delivered by Georgeanna Henry to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. and (b) that certain mortgage dated November 16, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 17, 2006, at Reception No. 924514 in Book 640PR at Page 498 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: COSPkg LOT 35, NORDIC RANCHES DIVISION NO. 3, LINCOLN COUNTY, WYOMING, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED APRIL 7, 1993, AS DOCUMENT NO. 762820, AS PLAT NO. 311 -B. with an address of 238 Saddle Drive, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Fargo Bank, N.A. Assignment dated: December 14, 2011 Assignment recorded: December 20, 2011 Assignment recording information: at Reception No. 962415 in Book 778 at Page 182 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, Wells Fargo Bank, N.A. "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 RECEIVED 2/7/2012 at 10:07 AM RECEIVING 963104 BOOK: 781 PAGE: 11 JEANNE WAGNER LINCOLN COUNTY CLEF IIMERER, WY Certificate of Sale Henry 11 -16938 Page 1 of 7 00 four (4) consecutive weeks, commencing with the January 12, 2012 issue of said newspaper and ending with the February 2, 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 February 7, 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 $182,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,273.40 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 February 7, 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 7th day of February 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming B y: Print Name: Title: Cory Stoof Deputy Sheriff Certificate of Sale Henry 11 -16938 Page 2 of 7 uOO12 STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of February 2012. Witness my hand and official seal. Vs7k[ \1t4L Notary Public SAVANNA L. KRAI L NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires Certificate of Sale Henry 11 -16938 Page 3 of 7 00013 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 November 16, 2006 (the "Mortgage and recorded on November 17, 2006, at Reception No. 924514 in Book 640PR at Page 498 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 Georgeanna Henry "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean Whitaker Mortgage Corp. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: December 14, 2011 Assignment recorded: December 20, 2011 Assignment recording information: at Reception No. 962415 in Book 778 at Page 182 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: NOT SENT PER CLIENT CERTIFIED MAIL NO. FSN:NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NO1: 71969009843000870148 CERTIFIED MAIL NO. FSN: 71969009843000875518 CURRENT RESIDENT 238 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000870155 CERTIFIED MAIL NO. FSN: 71969009843000875525 Georgeanna Henry 238 Saddle Drive Etna, WY 83118* COSPkg Certificate of Sale Henry 11 -16938 Page 4 of 7 00014 CERTIFIED MAIL NO. NOI: 71969009843000870162 CERTIFIED MAIL NO. FSN: 71969009843000875532 Georgeanna Henry PO Box 8443 Jackson, WY 83002* CERTIFIED MAIL NO. N0I:70110470000154748117 CERTIFIED MAIL NO. FSN: 71969009843000875549 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834* CERTIFIED MAIL NO. N01: 71969009843000870179 CERTIFIED MAIL N0. FSN: 71969009843000875556 Taylor, Bean Whitaker Mortgage Corp. 1417 North Magnolia Ave Ocala, FL 34475* CERTIFIED MAIL N0. NOI: 71969009843000870186 CERTIFIED MAIL NO. FSN: 71969009843000875563 Dennis Miserany PO Box 8443 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000870193 CERTIFIED MAIL NO. FSN: 71969009843000875570 Dennis Miserany 238 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000870209 CERTIFIED MAIL NO. FSN: 71969009843000875587 Myra Miserany PO Box 8443 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000870216 CERTIFIED MAIL NO. FSN: 71969009843000875594 Myra Miserany 238 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000870223 CERTIFIED MAIL NO. FSN: 71969009843000875600 Nordic Ranches Homeowners Association PO Box 3258 Alpine, WY 83128* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 27, 2011 and the date of the first publication of the notice of foreclosure sale was January 12, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. c7 f My commission expires: COSPkg ,.:By: Patricia Anne ichitsc,hi Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2-, day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. s f (Signature 6f notarial officer) Title (and wnk/ Certificate of Sale Henry 11 -16938 Page 5 of 7 0005 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming SURE STIC in'the payment A principal NO an d i nte r est has oc- ptouussorynote (the "Note ")dated November aolivered by Georgeanna Henry (`Mortgagor(s) is R egistration Systems, Inc., as nomin for Tay- 1�hitake otgage C orp „and a real estate mortgage (the of :the am date securi n the; No, wh Mortga d :delivered "by said Mortg te to said ich Mortgagee, and Vlolrtgage,wasrecorded:on No 17, 2006, a t Reception No. ine Book 640PR „at Page 498. iti the records' of the office of the ty Clerk ande offi Register of Deeds in and far Lincoln County, of;Wyoming; and:. S, the mortgage was assigned for value as •follows:• Wells Fargo Bank,.N.A. cember 14, 2011 :December „2, nformation 20 .atRe ceptionNo.962415 in Book e records ofthe County Clerk and ex- officio Register of Dee,.., or Lincoln County, Wyomin EREAS,, the Mortgage contains a power of sale which by reason ;o sa _i_.,..;,,,,.4.., ,the Mortgagee dec lares to have become operative, and suit or proceeing, itas been• institu at law to the secured t thereof, ted nor has any recover such suitor debt proceeding aye discontinued; and no as t ice of intent to forec reclose the Mortgage by been serv owner 'mortgaged p at least ten ord (10)'doways and the prior ettt o1* this publication, and the amount due upon the dato; fir publication, of this notice of sale being the 8,9,66.95 :which sum' consists of the unpaid principal ,balance of $2 9 ,19_pl interest accrue dto th e'date of the first pub, lication of s "nohoe.in cc e amount of $8,473.56, plus att fees, costs expende ,and interest' and late charges, after the orney of first ubli'cation of this notice of sale; EAS, The prop erty being foreclosed upon may be sub to sand, encum brance's that will not be extinguished at the sale. s ,zectiye purchaser should research the status of title before M a bid;, tvuw, HB FORE Wells Fargo go• Bank ,de' N.A., as 'thcaue Mortgagee will ✓e theaMlortgage foreclosed as by-law o provided by sing the mogaged operty'.to be sold at p�ibllc; `venue by the `Sheriff or Deputy; Sheriff in 1d, c ithncoln,County, Wyoming to the highest bidder for cash at 10:00 clock in the r.9 on February 7,2012 at the front door of the Lincoln ttt►ty Court Ouse locate dat 925 Sage Avenue, Kemmerer, WY, Lincoln ty, for applicatio on ,the a amounts secured by he g g e,, t s 1 o gaged.propert +sbeing described as.follows, to -wit: NC S1 I VISION NO LINCOLN O THE, OFFICIAL PLAT OCl71vIENT NO, 762820, AS 218 Saddle4Drtve, WY 83118. ess ether wt. th`all improvements thereon situate and all fixtures and trances thereto. PUBLISH Jan. 12, 19, 26, Feb. 2, 2012 (11- 16938) Wells Fargo Bank, N.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 t 0112 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING 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 Michael STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 17, and the last publication .eing on the day of e,13 (a 20_11_; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Publisher ...•m._.,..,•.. R 4,0.4.41.".1%.* No d0 it.M;,itY CAF'i I I 1 .1- NU i lti'Y I''i.1Fi1.1C; County of I r $tats of Lincoln -',y� ifiyollrg My (�nrnmis;:irj fires Mav "a 2x119, 0*...rv..a..o...a.e.n.e,'e •y a. Subscribed in my presence and sworn to before me on this day of 1;011/01 S A, D y '20 l2 by Michael ensen, Publish'e'r. Ct 1 7t L I Notary Signature j Page 6 of 7 00016 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 $2,273.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN 1 -12 -12 FTP Update Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee -Sale Sheriffs Fee Deed Total $2,273.40 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 AFFJANT SAYETH NAUGHT. By: Patriciapine Michitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. ;HAW My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) Title (and rfk) 700.00 858.00 111.80 8.00 452.60 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Certificate of Sale Henry 11 -16938 Page 7 of 7 00017