HomeMy WebLinkAbout963743STATE 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 October 18, 2007, executed and delivered by Brandon Robinson
to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home
Loan its successors and assigns and (b) that certain mortgage dated October 18, 2007
(the "Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on October 29, 2007, at
Reception No. 934430 in Book 677 at Page 144 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:
PART OF LOT 3 OF BLOCK 12 TO THE TOWN OF AFTON, LINCOLN
COUNTY, WYOMING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT POINT WHICH IS THE SOUTHWEST CORNER OF
SAID LOT 3 AND RUNNING THENCE NORTH 6 RODS; THENCE EAST
7 RODS; THENCE SOUTH 6 RODS; THENCE WEST 7 RODS TO THE
POINT OF BEGINNING. ALSO PART OF LOT 3 OF BLOCK 12 TO THE
TOWN OF AFTON, LINCOLN COUNTY, WYOMING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT
WHICH IS NORTH, 99 FEET (6 RODS) FROM THE SOUTHWEST
CORNER OF SAID LOT 3 AND RUNNING THENCE EAST, ALONG THE
NORTH BOUNDARY OF LAND TRACT DESCRIBED IN THAT DEED OF
RECORD IN BOOK 74PR ON PAGE 209 IN THE OFFICE OF THE
LINCOLN COUNTY CLERK, 115.5 FEET (7 RODS); THENCE NORTH
26 FEET; THENCE WEST 115.5 FEET; THENCE SOUTH, ALONG THE
WEST BOUNDARY OF SAID LOT 3, 26 FEET TO THE POINT OF
BEGINNING.
with an address of 291 Monroe Street, Afton, WY 83110
Together with all improvements thereon situate and all
fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Federal National Mortgage Association
Assignment dated: January 24, 2012
Assignment recorded: February 1, 2012
Assignment recording information: at Reception No. 963028 in Book 780 at Page 576
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, Federal National Mortgage Association
"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
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RECEIVED 3/20/2012 at 10:10 AM
RECEIVING 963743
BOOK: 783 PAGE: 400
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Robinson 12 -00540
Page 1 of 7
00400
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 23, 2012 issue of said newspaper and ending
with the March 15, 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 20, 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 $214,163.84 "Bid Sum which was bid and offered by Federal
National Mortgage Association "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 $2,126.30 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 March 20, 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 20th day
of Marrh 2012.
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Sheriff in and for Lincoln County, State of
Wyoming
By:
Print Name:
Title:
M. Shane Johnson
Cory Stoof
Deputy Sheriff
Certificate of Sale
Robinson 12 -00540
Page 2 of 7
00401.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
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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 20th day of
Ma 2012.
Witness my hand and official seal.
.(..k ;VOA
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF STATE OMING
LINCOLN
My Commission Expires
Certificate of Sale
Robinson 12 -00540
Page 3 of 7
00402
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 October 18, 2007 (the "Mortgage and
recorded on October 29, 2007, at Reception No. 934430 in Book 677 at Page
144 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 Brandon Robinson
"Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration
Systems, Inc., as nominee for First Horizon Home Loan its successors and
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Federal National Mortgage Association
Assignment dated: January 24, 2012
Assignment recorded: February 1, 2012
Assignment recording information: at Reception No. 963028 in Book 780 at Page
576
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: 71969009843000504456
CERTIFIED MAIL NO. FSN: 71969009843000508560
Federal National Mortgage Association
PO Box 8517
Portland, OR 97207*
CERTIFIED MAIL NO. NOI: 71969009843000504463
CERTIFIED MAIL NO. FSN: 71969009843000508577
CURRENT RESIDENT
291 Monroe Street
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000504487
CERTIFIED MAIL NO. FSN: 71969009843000508584
Brandon Robinson
291 Monroe Street
Afton, WY 83110*
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Certificate of Sale
Robinson 12 -00540
Page 4 of 7
00403
CERTIFIED MAIL NO. NOI: 71969009843000504494
CERTIFIED MAIL NO. FSN: 71969009843000508591
Brandon Robinson
PO Box 1694
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000504500
CERTIFIED MAIL NO. FSN: 71969009843000508607
1st Bank
314 South Washington St.
P.O. Box 1620
Afton, WY 83110*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was February 7, 2012 and the date of the first publication of the
notice of foreclosure sale was February 23, 2012.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
y: Patricia Anne Michitsc
Castle Stawiarg LLC
330 So. WWIsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
/S day of ?'1 -2n..,> -c.J, 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature df notarial officer)
Title (and Rik5
Certificate of Sale
Robinson 12 -00540
Page 5 of 7
00404
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and i nterest has ac
terms under the terms of a promissory note (the "Note") dated October
18, 2007, executed and delivered ly Brandon Robinson "Mortgagor(s)
to Mor Electr Re S Inc., as nominee for First
H orizon IH o m e,Loan its successors and assigns, and a real estate mortgage
(th Mort of the`satne.date securing the Note, which Mortgage
w as executed ge d delivered: by said Mortgagor(s), to said Mortgagee,
and which Mortgage was recorded on•October 29,`2007, at Reception
No. 934430 in Beek 677'4 Page, 1 44 in tue,records of the office of the
County: Clerk and ex `'of Register ofDeeds in and for Lincoln County,
State of Wyo and
WHERE the mortgage was assigned for value as follows:
Assignee: Federal National Mortgage Association
Assignment dated: January 24, 201,2
Assignment recorded: February 1, 2012
Assignment recording information: at Reception No. 963028 in Book
at Page 576
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
KEMMERER GAZETTE
1I.11.1).Avr' OF PI. BLIC \`I'10\
KCdilllll'I'( I Gazrl lr
Keilimerr.r, 'nniiiiti
of said 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 $210,019.04 which sum consists of the unpaid principal
balance of $198,036.64 plus interest accrued to the date of the first pub
lication of this notice in the amount of $11,982.40, 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' Federal National Mortgage Association, 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 March 20, 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 Mort y g g, a e said mortgaged property
being described as
follows to -wit:
PART OF LOT 3 OF BL 12 TO THE TOWN OFAFTON; LIN
COLN COUNTY,, WYOMING MORE PARTICULARL
AS FOLLOWS; Y DESCRIBED
ST CORNER
THENCE NORTH 6 RODS; THENCE
EAST 7 RODS; THENCE SOUTH 6 RODS: THENCE WEST 7
12 TO THE TOWN OF AFT'
BEG INNING AT POINT WHICH IS THE SOUTHWE
OF SAID LOTS AND RUNNIN G
RODS
TO THE POINT OF BEGINNING. ALSO PART OF LOT 3 OF BLOCK
ON, LINCOLN COUNTY, WYOMING
MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING
AT A POINT WHICH IS NORTH, 99 BEET (6 RODS) FROM THE
SOUTHWEST CORNER OF SAID LOT 3 AND RUNNING THENCE
EAST, ALONG THE NORTH BOUNDARY OF LAND TRACT. DE-
SCRIBED IN THAT DEED OF RECORD IN BOOK 74PR ON PAGE
209 IN THE OFFICE OF THE IINCOLN COUNTY CLERK, 115.5
FEET (7 RODS); THENCE NORTH, 26 PEET; THENCE WEST 115.5
FEET; THENCE SOUTH, ALONG THE WEST BOUNDARY OF SAID
LOT 3, 26 FEET TO THE POINT OF BEGINNING.
with an address of 291 Monroe Street, Afton, WY 83110.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
Federal National Mortgage Association
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
(307) 333 5379
PUBLISH: Feb. 23, March 1, 8, 15, 2012 (12- 00540) 0223
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
day of
by Mit
,20
and the last publication bein on the IF)
day of 'y rd'l)Z h)
20 0 _12,_
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael J -ns
n, Publisher
ROSEMARY CAPE.LI.FN NOTARY PIJ8L1C
County of F State of
Lincoln f
Wyoming
My Commission [xoires May 5, 2012
Subscribed in my presence and sworn to
before me on this 5 day of
0/1 Cy.''11 1 .UI) A.D., 20 t
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
el Jensen, Publi h
Notary Si,'n ture
Robinson 12 -00540
Page 6 of 7
00405
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
t�1 ant a
N NANCY ,l E EN. F.
OF WYOMING
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Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
Record AOM
PUB COST FSN 2 -23 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
FTP Update
My commission expires:
l 1
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
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 $2,126.30 as compensation for services
actually rendered in the foreclosure proceeding.
TH NAUGHT.
600.00
768.00
57.50
14.00
554.80
50.00
26.00
11.00
10.00
10.00
25.00
Total $2,126.30
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-SAY
By: Patricia nne Michitsch
Castle Sta larski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signatur a of notarial officer)
Title (and Ronk(
This instrument was acknowledged before me on
day of )72 c .cJ, 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Certificate of Sale
Robinson 12 -00540
Page 7 of 7
00406