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HomeMy WebLinkAbout963345123169 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 January 14, 2003, executed and delivered by Susan E. Schultz and Craig L. Schultz to The Jackson State Bank Trust and (b) that certain mortgage dated January 14, 2003 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 23, 2003 and re- Recorded on: February 6, 2003, at Reception No. 887105 in Book 510 at Page 343 and re- Recorded at Reception No. 887488 in Book 512 at Page 054 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 70 OF NORDIC RANCHES DIVISION NO. 5, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED AUGUST 9, 1994 AS PLAT NO. 311 -D. with an address of 941 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: JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation. Assignment dated: January 14, 2003 Assignment recorded: February 18, 2003 Assignment recording information: at Reception No. 887869 in Book 512 at Page 830 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, JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation. "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 2/23/2012 at 3:41 PM RECEIVING 963345 BOOK: 781 PAGE: 686 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Schultz 11- 02046R Page 1 of 7 00686 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 26, 2012 issue of said newspaper and ending with the February 16, 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 21, 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 $99,105.27 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation. "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 $4,549.30 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 21, 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 2lstday of February 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyomi By: Print Name: Title: Cory Stoof Deputy Sheriff Certificate of Sale Schultz 11- 02046R Page 2 of 7 00687 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT S The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 21St day of February 2012. Witness my hand and official seal. Notary Public SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF tl STATE OF LINCOLN WYOMING My Commission Expires CI Certificate of Sale Schultz 11- 02046R Page 3 of 7 00688 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 January 14, 2003 (the "Mortgage and recorded on January 23, 2003 and re- Recorded on: February 6, 2003, at Reception No. 887105 in Book 510 at Page 343 and re- Recorded at Reception No. 887488 in Book 512 at Page 054 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 Susan E. Schultz and Craig L. Schultz "Mortgagor(s) the named mortgagor(s), and The Jackson State Bank Trust is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation. Assignment dated: January 14, 2003 Assignment recorded: February 18, 2003 Assignment recording information: at Reception No. 887869 in Book 512 at Page 830 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. N01:7010870000102238909 CERTIFIED MAIL NO. FSN:70110470000154738385 CERTIFIED MAIL NO. FSN2:70110470000154724630 CERTIFIED MAIL NO. FSN3:70110470000154760997 JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation. 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000829771 CERTIFIED MAIL NO. FSN: 71969009843000838858 CERTIFIED MAIL NO. FSN2: 71969009843000864727 CERTIFIED MAIL NO. FSN3: 71969009843000886989 CURRENT RESIDENT 941 Saddle Drive Etna, WY 83118* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000829788 CERTIFIED MAIL NO. FSN: 71969009843000838865 CERTIFIED MAIL NO. FSN2: 71969009843000864734 CERTIFIED MAIL NO. FSN3: 71969009843000886996 Susan E. Schultz 941 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000829801 CERTIFIED MAIL NO. FSN: 71969009843000838872 CERTIFIED MAIL NO. FSN2: 71969009843000864741 CERTIFIED MAIL NO. FSN3: 71969009843000887009 Susan E. Schultz PO Box 3706 Alpine, WY 83128 -0706* Certificate of Sale Schultz 11- 02046R Page4of7 00689 CERTIFIED MAIL NO. NCI: 71969009843000829818 CERTIFIED MAIL NO. FSN: 71969009843000838889 CERTIFIED MAIL NO. FSN2: 71969009843000864758 CERTIFIED MAIL NO. FSN3: 71969009843000887016 Susan E. Schultz PO Box 8961 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000829825 CERTIFIED MAIL NO. FSN: 71969009843000838896 CERTIFIED MAIL NO. FSN2: 71969009843000864765 CERTIFIED MAIL NO. FSN3: 71969009843000887023 Craig L. Schultz 941 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NCI: 71969009843000829832 CERTIFIED MAIL NO. FSN: 71969009843000838902 CERTIFIED MAIL NO. FSN2: 71969009843000864772 CERTIFIED MAIL NO. FSN3: 71969009843000887030 Craig L. Schultz PO Box 3706 Alpine, WY 83128 -0706* CERTIFIED MAIL NO. NOI: 71969009843000829849 CERTIFIED MAIL NO. FSN: 71969009843000838919 CERTIFIED MAIL NO. FSN2: 71969009843000864789 CERTIFIED MAIL NO. FSN3: 71969009843000887047 Craig L. Schultz P.O. Box 8961 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000838940 CERTIFIED MAIL NO. FSN: 71969009843000838926 CERTIFIED MAIL NO. FSN2: 71969009843000864796 CERTIFIED MAIL NO. FSN3: 71969009843000887054 Chase Manhattan Bank USA, N.A. 200 White Clay Center Drive Newark, DE 19711* CERTIFIED MAIL NO. NOI: 71969009843000838957 CERTIFIED MAIL NO. FSN: 71969009843000838933 CERTIFIED MAIL NO. FSN2: 71969009843000864802 CERTIFIED MAIL NO. FSN3: 71969009843000887061 Chase Manhattan Bank USA, N.A. 10790 Rancho Bernardo Rd. San Diego, CA 92127* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 31, 2011 and the date of the first publication of the notice of foreclosure sale was January 26, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 1G- day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. My commission expires: COSPkg cY,_� ,,Sy Patricia Anne Michitscfi Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and ar{k) C.: 00690 Certificate of Sale Schultz 11- 02046R Page 5 of 7 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 Janu- ary 14, 2003, executed and delivered by Susan E. Schultz and Craig L. Schultz "Mortgagor(s) to The Jackson State Bank Trust, and areal 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 January 23, 2003 and re- Recorded on: February 6,2003, at Reception No. 887105 in Book 510 at Page 343 and re- Recorded` at Reception No. 887488 in Book 512 at Page 054 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: Chase Manhattan Mortgage Corporation. Assignment dated: January' 14, 2003 Assignment recorded: February 18, 2003 Assignment recording information: at Reception No. 887869 in Book 512 at Page 830 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 $94,048.37 which sum consists of the unpaid principal bal- ance of $87,01.98 plus interest accrued to the date of the first publica- tion of this notice in the amount of $7,028.39, 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 JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation., as the Mortgagee, will have the Mortgage foreclosed as bylaw 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 February 21, 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 70 OF NORDIC RANCHES DIVISION NO. 5, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT FILED AU- GUST 9, 1994 AS PLAT NO. 311-D. with an address of 941 Saddle Drive, Etna, WY 83118. Together with all improvements thereon situate and all fixtures and appurtenances thereto. JPMorgan Chase Bank, National Association, successor by merger to Chase Home Finance, LLC, successor by merger to Chase Manhat- tan Mortgage Corporation, By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 3335379 PUBLISH: Jan. 26, Feb. 2, 9, 16, 2012(11- 02046R) 0126 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 consecutive issues /weeks; the first publication being on the 210 day of J,!41Lf d /Lf 20 and the last publication being on the (c day of �d r 1) and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jensen, Publisher w M`.eo.0 .-A..6,. .0. -.,n,, .R mt,.W,M. r O;; .;Ylrtlif CAI•l t I t N NOTARY NifiLlf,; County of i Stwo of Lim.* WyoirGnr; My onimiasicn :rzs May r12 Subscribed in my presence and sworn to STATE OF WYOMING )ss. COUNTY OF LINCOLN before me on this 11,. day of ..`A-. it)■_i /t A.D. 20 1 Z by-Mieh. el Jensen, Pu li s her. j in Notary Si nature 1 00691 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 $4,549.30 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 AFFIANT SAYETH NAUGHT. By: Patricia Anne 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 t 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. My commission expires: COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee FTP Update x 4 Demand Letter Prep Fee PUB COST FSN 11 -17 -11 PUB COST FSN2 12 -22 -11 PUB COST FSN3 1 -26 -12 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Deed Prior Invoice EM625178031US EXHIBIT C AFFIDAVIT OF ATTORNEY SS (Signature of notarial officer) Title (andbnk) 600.00 223.60 300.00 50.00 481.80 481.80 481.80 50.00 26.00 11.00 11.00 20.00 1,812.30 Total $4,549.30 00692 Certificate of Sale Schultz 11- 02046R Page 7 of 7