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HomeMy WebLinkAbout963628STATE 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 July 18, 2008, executed and delivered by Terry G. Haderlie to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank its successors and assigns and (b) that certain mortgage dated July 18, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 23, 2008, at Reception No. 940746 in Book 700 at Page 590 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 68 OF TRAIL RIDGE SUBDIVISION, SECOND FILING, LINCOLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED SEPTEMBER 3, 2004 IN THE OFFICE OF THE LINCOLN COUNTY CLERK AS PLAT NO. 225 -G with an address of 838 Buffalo Drive, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: October 11, 2011 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961554 in Book 775PR at Page 5 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: November 7, 2011 Assignment recorded: November 21, 2011 Assignment recording information: at Reception No. 962059 in Book 776 at Page 690 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., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "Mortgagee elected to foreclose the same and at the RECEIVED 3/13/2012 at 10:43 AM RECEIVING 963628 BOOK: 782 PAGE: 803 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Haderlie 11- 14688R Page 1 of 7 00803 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 February 16, 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 $425,460.13 "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $1,360.60 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. COSPkg Certificate of Sale Haderlie 11- 14688R Page 2 of 7 00804 DATED at Kemmerer, Lincoln County, State of Wyoming, this 1 3t h day of Marsh 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming A By i Print Name: ACKNOWLEDGMENT Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this 13th day of March 2012. Notary Public t.INr✓'OLN Mt OF tOthitY 0: Cory Stoof Certificate of Sale Haderlie 11- 14688R Page 3 of 7 00805 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 July 18, 2008 (the "Mortgage and recorded on July 23, 2008, at Reception No. 940746 in Book 700 at Page 590 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 Terry G. Haderlie "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: October 11, 2011 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961554 in Book 775PR at Page 5 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: November 7, 2011 Assignment recorded: November 21, 2011 Assignment recording information: at Reception No. 962059 in Book 776 at Page 690 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:70102780000105816307 CERTIFIED MAIL NO. NOI: 71969009843000895745 CERTIFIED MAIL NO. FSN:7010278000105743368 CERTIFIED MAIL NO. FSN: 71969009843000505361 Bank of America, N.A., successor by merger to BAC Home Loans ServicalliARRElat RESIDENT Countrywide Home Loans Servicing LP 838 Buffalo Drive 400 National Way, SV 35, P.O. Box 10232 Alpine, WY 83128* Simi Valley, CA 93065 -6298* COSPkg Certificate of Sale Haderlie 11- 14688R Page4of7 00806 CERTIFIED MAIL NO. NOI: 71969009843000895752 CERTIFIED MAIL NO. FSN: 71969009843000505378 Terry G. Haderlie 838 Buffalo Drive Alpine, WY 83128* CERTIFIED MAIL NO. N01: 71969009843000895769 CERTIFIED MAIL NO. FSN: 71969009843000505385 Terry G. Haderlie PO Box 3107 Alpine, WY 83128 -0107* CERTIFIED MAIL NO. NOI: 71969009843000895776 CERTIFIED MAIL NO. FSN: 71969009843000505392 Terry G. Haderlie PO Box 144 Freedom, WY 83128* CERTIFIED MAIL NO. N01: 71969009843000895783 CERTIFIED MAIL N0. FSN: 71969009843000505408 1st Bank PO Box 3110 Alpine, WY 83128* CERTIFIED MAIL NO. N0I:70102780000105816314 CERTIFIED MAIL NO. FSN:70102780000105743351 Terry G. Haderlie, Trustee of The Terry G. Haderlie Living Revocable Trust Dated October 7, 2008 PO Box 315 Freedom, WY 83120* CERTIFIED MAIL NO. NOI:70102780000105816321 CERTIFIED MAIL NO. FSN:70102780000105743344 Terry G. Haderlie, Trustee of The Terry G. Haderlie Living Revocable Trust Dated October 7, 2008 PO Box 144 Freedom, WY 83128* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 2, 2012 and the date of the first publication of the notice of foreclosure sale was February 16, 2012. State of Wyoming County of Natrona My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. Castle Stawiarski, LLC. 4 hllJ lRtLY I'+1�31_yr CRYSTAL., i BARNES t )t, VtrYOPu INCA. COUNTY Or I ArRON 1 G>'n' "li f +lll t ill r< Jan 'I J, a 'I �1�rr AV' �'r „...,r.n cn.�. te- ra aw ,�+�r1.e:•.-r k..�d.,�tir,��d ,By: Patricia Anne'Michitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 QA-1 Irl This instrument was acknowledged before me on day of ('_i 2012 by Patricia Anne Michitsch as attorney of (Signat re qq. f notarial officer) Title (and Rank) l Certificate of Sale Haderlie 11- 14688R Page5of7 00807 KEMMERER GAZETTE AFFIIJ:\ \'IT OF PUBLICATION Kemmerer Gazelle 1emmerer.\\ aping FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has oc- ,uned under the terms of a promissory note (the "Note dated July 18, ?008, executed and delivered by Terry G. Haderlie "Mortgagor(s) to Vlortgage Electronic Registration Systems, Inc., as nominee for 1st Bank is successors and assigns, and a real estate mortgage (the "Mortgage") )f the same date securing the Note, which Mortgage was executed and lelivered by said Mortgagor(s), to said Mortgagee, and which. Mortgage Nas recorded on July 23, 2008, at Reception No. 940746 in Book 700 at ?age 590 in the records of the office of the County Clerk and ex- officio 2egister of Deeds in and for Lincoln County, State of Wyoming; and WHEREAS, the mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home :,oans Servicing, LP lka Countrywide Home Loans Servicing LP Assignment dated: October, 11, 20 Assignment recorded: October 24, 2011 Assignment recording information: at Reception No. 961554 in Book 775PR at Page 5 Assignee: Bank of America, N.A., successor by merger to BAC Home .pans Servicing, LP fka Countrywide Horne Loans Servicing LP Assignment dated: November. 7, 2011 Assignment recorded: November 21, 2011 Assignment recording information: at Reception No. 962059 in Book 776 at Page 690 All in the records of the County Clerk and ex- officio Register of Deeds n and for Lincoln County, Wyoming. WHEREAS, the Mortgage: contains a power of sale which by reason )f said default, the Mortgagee declares to have become operative, and no ;uit or proceeding has been instituted at law to recover the debt secured )y the Mortgage, or any part thereof, nor has any such suit or proceeding >een instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by rdvertisement and sale has been served upon the record owner and the )arty in possession of the mortgaged premises at least ten (10) days prior o 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 otal sum of $421,295.46 which sum consists of the unpaid principal )alance of $402,074.17 plus interest accrued to the date of the first pub- ication of this notice in the amount of $19,221.29, plus attorneys' fees, ;osts expended, and accruing interest and late charges after the date of irst publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subject to )thee liens and encumbrances that will not be extinguished at the sale. Any prospective purchaser should research the status of title before ;ubmitting a bid; NOW THEREFORE Bank of America, N.A., successor by merger to 3AC Home Loans Servicing, LP fka Countrywide Home Loans Servic ng LP, as the Mortgagee, will have the Mortgage foreclosed as by law ,rovided by causing the mortgaged property to be sold at public venue )y the Sheriff or Deputy Sheriff in, and for Lincoln County, Wyoming to :he highest bidder for cash at 10:00 o'clock in the forenoon on March l3, 2012 at the front door of the Lincoln County Courthouse located at )25 Sage Avenue, Kemmerer, WY, Lincoln County, for application on he above- described amounts secured by the Mortgage, said mortgaged noperty being described as follows, to -wit: LOT 68 OF TRAIL RIDGE SUBDIVISION, SECOND FILING, LIN- 2OLN COUNTY, WYOMING ACCORDING TO THAT PLAT FILED SEPTEMBER 3, 2004 IN THE OFFICE OF THE LINCOLN COUNTY 17LERK AS PLAT NO. 225 -G with an address of 838 Buffalo Drive, Alpine, WY 83128. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 5379 ?UBLISH: Feb. 16, 23, March 1, 8, 2012 (11- 14688R) 0216C 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; he first publication being on the KEMMERER, WYOMING day of i 20 l and the last publication on the S c day of i 9- 2012„; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) LL Michael Jens blisher dOSi:MuliRY CAPFt.LfN NO AIRY PUIHl3C County of k., state e tinyole s" Ylyrnaag My Cmnmissinn rapirzs May 2912 Subscribed in my presence and sworn to before me on this day of A.D., 20 by bU+c -Fiore. Jensen, Publisher Notary Sign e 00808 STATE OF WYOMING )ss. COUNTY OF LINCOLN Haderlie 11- 14688R Page 6of7 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 $1,360.60 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 AFFIA�NTSAYET NAUGHT. $jr: Patricia Anne Michitscf Castle Stawi#ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona day of Castle Stawiarski Y.• COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee FTPDD PUB COST FSN 2 -16 -12 Conduct Sale Fee Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 92.00 25.00 525.60 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,360.60 o 1 O A Y tJBIJC.• ATE E (F WYORMtltG w$ ry i N OF NATRONA t c Jan 9 01: K d Sd1 14t,^ S xr.(1(r 7C This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of LLC. (Signatir of notarial off c r Title (and Rank) c- Title My commission expire) v_,\,_1(.73 Certificate of Sale Haderlie 11- 14688R Page 7 of 7 00809