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Home My WebLink About963816STATE OF WYOMING COUNTY OF LINCOLN M. Shane Johnson CERTIFICATE OF SALE SS 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 December 16, 2004, executed and delivered by Justin P Wilhite and Ashlee Wilhite to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation its successors and assigns and (b) that certain mortgage dated December 16, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 17, 2004, at Reception No. 905364 in Book 575 at Page 348 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 63 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 47 Holly Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00645 of lawful age, being first duly sworn Assignee: Nationstar Mortgage LLC Assignment dated: January 25, 2012 Assignment recorded: February 10, 2012 Assignment recording information: at Reception No. 963192 in Book 781 at Page 135 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, Nationstar Mortgage LLC "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 four (4) consecutive weeks, commencing with the March 1, 2012 issue of said COSPkg RECEIVED 3/27/2012 at 10:21 AM RECEIVING 963816 BOOK: 783 PAGE: 645 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Wilhite 11 -17778 Page 1 of 7 newspaper and ending with the March 22, 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 27, 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 $164,811.57 "Bid Sum which was bid and offered by Nationstar Mortgage LLC 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 $1,936.50 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 27, 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 27th day of March 2012. COSPkg M. Shane .Tohnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Cory Stoof Title: Deputy Sheriff 00646 Certificate of Sale Wilhite 11 -17778 Page2of7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by Cory Stoof Deputy Sheriff of Lincoln County, State of Wyoming, this March 2012. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. O rk153-M vvik. Notary Public SAVANNA L, KRALL NOTARY PUBLIC STATE OF COUNTY OF t' WYOMING LINCOLN My Comml$3lon ExP►res presence and 27th day of Certificate of Sale Wilhite 11 -17778 Page 3 of 7 00647 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 December 16, 2004 (the "Mortgage and recorded on December 17, 2004, at Reception No. 905364 in Book 575 at Page 348 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 Justin P Wilhite and Ashlee Wilhite "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: January 25, 2012 Assignment recorded: February 10, 2012 Assignment recording information: at Reception No. 963192 in Book 781 at Page 135 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: 71969009843000510150 CERTIFIED MAIL NO. FSN: 71969009843000512505 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* CERTIFIED MAIL NO. NOI: 71969009843000510167 CERTIFIED MAIL NO. FSN: 71969009843000512512 CURRENT RESIDENT 47 Holly Drive Thayne, WY 83127* CERTIFIED MAIL NO. NO1: 71969009843000510174 CERTIFIED MAIL NO. FSN: 71969009843000512529 Justin P Wilhite 47 Holly Drive Thayne, WY 83127* COSPkg Certificate of Sale Wilhite 11 -17778 Page 4 of 7 00648 CERTIFIED MAIL NO. NOI: 71969009843000510181 CERTIFIED MAIL NO. FSN: 71969009843000512536 Justin P Wilhite PO Box 280 Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000510198 CERTIFIED MAIL NO. FSN: 71969009843000512543 Ashlee Wilhite 47 Holly Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000510204 CERTIFIED MAIL NO. FSN: 71969009843000512550 Ashlee Wilhite PO Box 280 Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000510211 CERTIFIED MAIL NO. FSN: 71969009843000512567 First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 17, 2012 and the date of the first publication of the notice of foreclosure sale was March 1, 2012. State of Wyoming County of Natrona NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex. ires Jan 19 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of a 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. 9.1 f :y: Patricia A. e Michits h Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature f notarial officer) Title (and R Certificate of Sale Wilhite 11 -17778 Page5of7 00649 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming WHEREAS de fault in- a the of pi cipal an interest�has` curred under the of a prom i -n (fihe` Note" dated December 16; 2001, <executed and d elivered by Justin i Will to a rl Ashlee illi to "Mortgag to Mortga Re gistration Systems, In as nominee for'GMAC Mortgage Corporation, its successors and assigns and real tate mtgage (th ortg of h am dtcuring th Note whieh gewasry e executed ~and a aeliverred te s b y said e a MOe'se rtgagor(s) e to said' Mortgagee, and °which Mortgage was recorded on Deeember17, 2004, at Reception. No. 905364 in Book. 575 at Page, 3'48 in the recor of the office of the County Clerk and a officio Register of Deeds in and for Lincoln County, State Wyo h an WHEREAS, the mortgage wasp assigned for value as fo ll ows: Assignee: NationstarM Assignment dated: TanharY 25, 2012 Assignment recorded: February 10, 2012 Assignment recording, iinformation at Reception No, 963192 in Book 781 at Page 135 Allin the records of the Co erk and ex- officio Register of Deed in and for Lincoln County, omi tg WHEREAS, the Mortgage contains a power of sale which by reason of said default,' the Mo rtgagee; de c lares t o h uve- become operative, and no suit or proceeding has been insti d ;at l a wPtoc recover the debt secured b y th Mortgage, or an y part the reof, -nor has an sue s or proceeding been instituted andthe. same d is condiiped; -and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon; the record owner andthe party in possession of the mortgaged` premises at least ten (10) days prior to the commencement of this ublication, the, ount due upon the Mortgage on the ate of first pu atio n of thi notice of Sale being total sum of $159,964:23 which es um corisi s ts of the unpai pr incipal balance of $154,438 3 9 plus interest accrued to the date ofthe,first publication of this notice in the ;amount of $5,525 84,, ,,attorXieys fees, s costs.expend and. accruing.i an late charge ,afte eclo the date o f first publication of this notice of sale. .t AS to proper n fols upon play be "subject to other liens and enoumbraric at:w ,not be ext*rtgurshe the sal Any p ros c tiue purchaser skotd researc the status of tide before, sub inittin a:b d• ove,d g. i.,, NOW,. THEREFORE,Natio have.the Mortgage f oreclosed property to b ,sold at pu b and for Linc oln Cgun �1 ty o clock in the forenoon yf. tan Ma County Courthouse located at County, f or application on the Mort said mortgag LOT' 63 OF STAR VALLE WYOMING AS.17ESC 1 withi addre of 4 ony,1) 'tothr e with all unprovemet appurtenances thereto. PUBLISH: MARCH °1 C, a thelvlortga ee, will causing th e mortgaged the. Sheriff or Depu Sheriff,in highest bidder door for cash at• 10 :00 i2 at the fr of the.Lincoln e ue, Kemm erer,. WY, Lincoln scribed" amounts secured by .the described as follows, to-wit: PLAT 5, LINCOLN COUNTY, IAL PL.T THEREOF. 83127. d all :fixtur and brittlotis Mort sc. wgage L LL C C 330 E c astle wariski Sta Drive St 202 Casper WY ,,82609- 0000 (307) 333 22, 2012 (11-17778 0301E EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Notary ign 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 i day of 4()'l0 20 I and the last publication being on the 2? day of (.hO 20 17 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Je Publisher ROSEMARY CAPEEIEN NOTARY PUBLIC County of State, of Linrotn Wyoming My Commission !"zi n^ s May 6, 2 +)12 4.4. y... A V., Subscribed in my presence and sworn to before me on this 2 day of °Mah) A.D I Jensen, Publi h Wilhite 11 -17778 Page 6 of 7 00650 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee AOM Recording Fee PUB COST FSN 3 -1 -12 FTP Update Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jar, 1ff 2015 My commission expires: 9 COSPkg 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 $1,936.50 as compensation for services actually rendered in the foreclosure proceeding. 600.00 667.00 80.50 8.00 438.00 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,936.50 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 AFFI AYE T1 NAUGHT. y: Patricia Annellichitsc Castle Stawiarski, LLC 330 So. WaLLSh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 22. day of 7ri a 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. a (Signature of notarial officer) Title (and Ra Certificate of Sale Wilhite 11 -17778 Page 7 of 7 00651