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HomeMy WebLinkAbout963626STATE 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 March 27, 2009, executed and delivered by Brian D. Meyer and Emily R. Meyer to Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC, its successors and assigns and (b) that certain mortgage dated March 27, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 21, 2009, at Reception No. 946668 in Book 721 at Page 65 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 12, GREYS RIVER VILLAGE ADDITION TO THE TOWN OF ALPINE, WITHIN THE NW1 /4 SW1 /4 OF SECTION 28 AND NE1 /4 SE1 /4 OF SECTION 29, T37N, R118W, ACCORDING TO THE PLAT FILED IN THE OFFICE OF COUNTY CLERK, LINCOLN COUNTY, WYOMING. with an address of 447 Greys River Loop, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: October 10, 2011 Assignment recorded: October 13, 2011 Assignment recording information: at Reception No. 961385 in Book 774PR at Page 396 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 COSPkg RECEIVED 3/13/2012 at 10 :17 AM RECEIVING 963626 BOOK: 782 PAGE: 788 JEANNE WAGNER LINCOLN COUNTY CL EMMERER, WY Certificate of Sale Meyer 11 -15626 Page 1 of 8 00788 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the January 12, 2012 issue of said newspaper and ending with the February 2, 2012 issue thereof; again once a week for five (5) consecutive weeks, commencing with the February 9, 2012 issue of said newspaper and ending with the March 8, 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 March 13, 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 $288,162.81 "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 $3,492.50 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 March 13, 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 13th day of March 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyomin By: Print Name: Title: Cory Stoof Deputy Sheriff Certificate of Sale Meyer 11 -15626 Page 2 of 8 00 789 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this I l -h day of March 2012. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. Notary Public SAVANNA L. KRALL NOTARY PUBLIC f STATE OF COUNTY N WYOMING LINCOLN My Commission Expires —L-CS 00790 Certificate of Sale Meyer 11 -15626 Page 3 of 8 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 March 27, 2009 (the "Mortgage and recorded on April 21, 2009, at Reception No. 946668 in Book 721 at Page 65 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 Brian D. Meyer and Emily R. Meyer "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for New Day Financial, LLC, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: October 10, 2011 Assignment recorded: October 13, 2011 Assignment recording information: at Reception No. 961385 in Book 774PR at Page 396 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 CERTIFIED MAIL NO. FSN2: NOT SENT PER CLIENT CERTIFIED MAIL NO. NOPP: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000843456 CERTIFIED MAIL NO. FSN: 71969009843000849304 CERTIFIED MAIL NO. FSN2: 71969009843000875709 CERTIFIED MAIL NO. NOPP: 71969009843000895202 CURRENT RESIDENT 447 Greys River Loop Alpine, WY 83128* COSPkg Certificate of Sale Meyer 11 -15626 Page 4 of 8 00791 CERTIFIED MAIL NO. NOI: 71969009843000843470 CERTIFIED MAIL NO. FSN: 71969009843000849311 CERTIFIED MAIL NO. FSN2: 71969009843000875716 CERTIFIED MAIL NO. NOPP: 71969009843000895219 Brian D Meyer 447 Greys River Loop Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000843494 CERTIFIED MAIL NO. FSN: 71969009843000849328 CERTIFIED MAIL NO. FSN2: 71969009843000875723 CERTIFIED MAIL NO. NOPP: 71969009843000895226 Brian D Meyer PO Box 3585 Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000843517 CERTIFIED MAIL NO. FSN: 71969009843000849335 CERTIFIED MAIL NO, FSN2: 71969009843000875730 CERTIFIED MAIL NO. NOPP: 71969009843000895233 Emily R Meyer 447 Greys River Loop Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000843524 CERTIFIED MAIL NO. FSN: 71969009843000849342 CERTIFIED MAIL NO. FSN2: 71969009843000875747 CERTIFIED MAIL NO. NOPP: 71969009843000895240 Emily R Meyer PO Box 3585 Alpine, WY 83128* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 16, 2011 and the date of the first publication of the notice of foreclosure sale was December 1, 2011. Republishing began again on January 12, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of lWa 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. My commission expires: NOTARY PUBLIC t t 0 `VE TAL L. BARES sT,A. E: OF .fWYOMIFIG OUNT( OFNATRA•'Pl..\ Cow }scion iHwpires .Jan 19, 21 i COSPkg Title (and Rank) Ff4y: Patricia Ann Michitsc Castle Stawiar$i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 efiLA Q-A--) (Signgt1.4 e •f notarial o r) t 1- 11C 00792 Certificate of Sale Meyer 11 -15626 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLJC:YI'lON Kemmerer Gazette Kernrnerer coning NOTICE OF•POSTPONEMENT OF FORECLOSURE SALE WHE default in the payment of principal and interest has oc- curred under the terms of a promissory note (the "Note dated March 27, 2009, executed and delivered by Brian D. Meyer and Emily R. Meyer "Mortgagor(s) to Mortgage Electronic Registration Systems, 'Inc., as nominee for New Day Financial, LLC, its successors and assigns "Mortgagee and a real estate mortgage (the "Mortgage of the same date securing the Note, which Mortgage was executed and delivered by Mortgagor(s), to Mortgagee, and which Mortgage was recorded in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, on April 21, 2009, at Reception No. 946668 in Book 721 at Page 65; WHEREAS, the Mortgage has been duly assigned for value by Mort- gagee as follows; Assignee Wells Fargo Bank, N.A. Assignment dated: October 10, 2011 Assignment recorded: October 13, 2011 Assignment recording information: at Reception No. 961385 in Book 774PR at Page 396 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale, pursuant to the terms of the Mortgage, has been served upon the record owner and party in possession of the mortgaged premises at least ten (10) days prior to first publication of the notice of sale; The property covered by said Mortgage is described as follows: LOT 12, GREYS RIVER VILLAGE ADDITION TO THE TOWN OF ALPINE, WITHIN THE NW1 /4 SW1 /4 OF SECTION 28 AND NE1 /4 SE1 /4 OF SECTION 29, T37N, RI18W, ACCORDING TO THE PLAT FILED IN THE OFFICE OF COUNTY CLERK, LINCOLN COUNTY, WYOMING. with an address of 447 Greys River Loop, Alpine, WY 83128. 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; NOTICE IS HEREBY GIVEN, pursuant to Wyoming Statutes Sec- tion 34 -4 -109 (2003) that the foreclosure sale of the above Mortgage, scheduled for February 7, 2012 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, State of Wyoming, has been postponed to 10 :00 o'clock in the forenoon on March 13, 2012. at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, State of Wyoming. Wells Fargo Bank, N.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 5379 PUBLISH: Feb. 9, 16, 23, March 1, 8, 2012 (11- 15626) 307 333 0209B c 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 consecutive issues /weeks; the first publication being on the C r day of Y_ 0- -6 0∎1:t.'>r( 20 12, and the last publication being on the day of INVI ,20 \t, and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) i1..AA Michael Jen en Publisher E '3L MUY CAPLt1.-'[4 NOTARY N1F31.1(; Comity of Lincoln Wyntr�;�rg My f; it a May R r12 Subscribed in my presence and sworn to 9 day of A.D., 20J iser. before me on this t Y\CCh by Michael Jensen, Pu Notary Si! nature KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Page 6 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURES SALE NOTICE 2 AS, de in the payment of principal and interest has ocr Burred under.,the ,terms of a promissory note (the "Note dated March. 27,12009, executed and delivered by Brian D. Meyer and Emily R. Meyer "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee.f N ew Day Financial, LLC, 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 April 21, 2009, 'ecept on.No, 946668 n Book 721 at. Page 65 in the records of the e, of the County Clerk and: ex- officiof,Register of Deeds in and "for aln County, state of and n mortgage was' assigned for value as follows: ssigneeee Wells Fargo Bank, N A Assignment da October 10, 201 774PR Assignment 'recorded :October t3; 201 Assignm at`Page ent 39 reco r 'ding information: atReception No. 961385 in Book 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 mount due upon the Mortgage on the date; of firstpubhcation of this notice of sale being the total sum of $280,016.75 which sun consists of the unpaid principal balance of $269,08.49 p lus' in terest accrued to the date of the first pub lication:of this notice in the amount of $11,568.03, 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 foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the s'al'e.` Any prospective purchaser" should research the status of title before submitting a bid; i �tlrrr NOW, THEREFORE Wells Fargo Bank, N.A., as the Mortgagee, will have the Mortgage foreclosed as by provided by causing the mortgaged property to be sold at, public venue by, the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoiming to the'highest bidder for cash at 10 :00 o'clock in the forenoon on February7�2Q12 at the front door of the Lincoln County, CpurthousakOcafed at 925'a eAvenue, Kemmerer, WY Lincoln ►ty,1or app PMinn on the ab described amounts lsecured b the lulortgagg, o $age d grape be g escnbed °as follows, to LOS =12, RF, 'S Ri" iR L,Lk�GEoADDMON'TO THE TOWN O AZI�l �TX 1N l NW l 1 /4 kOP SECTION2$`AND NE1 /4 E OF SECTION 2 "3 IN,12 f 18W; 'ACCORDING TO THE PLAT FIL DIN i' E OFFICE, C0 5' 4"L ERK, LINCOLN COUNTY, COSPkg 1'14 CO w ith. an addr ess of 447 Greys River Loop, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto Wells Fargo Bank, N.A. By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 PUBLISH: Ian. 12, 19, 26, Feb. 2, 2012 (11- 15626) 0110A OF EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING a period of consecutive issues /weeks; the first publication being on the 1 day of k J d) 20 and the last publication being on the t r day of `�..01/ j 20 (2 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) 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 Michael J Publisher ti0 ;t. ,^a,t' CAF E:1. r N NOTARY !''Uf3Ltt; County of Stair! of Lincoln Wy rr g my (''�rt `r 1r .s ?Ulay r ?.r''1? c u 4 it .4•1 r. a..a.a..,ao1•.0 all p w. a 9. (P •41.1* *4 Subscribed in my presence and sworn to before me on this /C, day of 20 2. by Michael L nsen, P bl sf1er. i 1 0 1 Notary Sig{ure Certificate of Sale Meyer 11 -15626 Page 7 of 8 9979' 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 $3,492.50 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 12 -1 -11 FTP Update x 2 Postponement Fee PUB COST FSN2 1 -12 -12 PUB COST NOPP 2 -9 -12 Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sheriffs Fee Deed State of Wyoming County of Natrona Castle Stawiarski, LLC. rd nd�9. L BARNES :;TATE. or 4U'YOP+imo V7 .1;tiil OF NATR(Y Total $3,492.50 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 AFF NT SAYETIH NAUGHT. ichitsch LLC My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY By: Patricia Anne Castle Stawiars This instrument was acknowledged before me on f 1 day of "(f C 2012 by Patricia Anne Michitsch as attorney of \C\ V-. SS 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 650.00 925.00 112.60 467.20 125.00 150.00 467.20 474.50 50.00 29.00 11.00 11.00 10.00 10.00 ti (Signaturg of notarial ffcer) Title (and Rank), 00795 Certificate of Sale Meyer 11 -15626 Page 8 of 8