HomeMy WebLinkAbout964132STATE 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 May 17, 2006, executed and delivered by Duane
C. Allen and Melissa M. Allen to First Interstate Bank and (b) that certain
mortgage dated May 17, 2006 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on May 22, 2006, at Reception No. 918687 in Book 620 at
Page 861 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 57 OF NORDIC RANCHES DIVISION NO. 5, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
FILED ON AUGUST 9, 1994 AS INSTRUMENT NO. 787904 OF
THE RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 59 Buckskin Way, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
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, First Interstate Bank
"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 22, 2012 issue of said
newspaper and ending with the April 12, 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.
RECEIVED 4/17/2012 at 10:44 AM
RECEIVING 964132
BOOK: 784 PAGE: 768
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Alien 12 -02245
Page 1 of 7
00768
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to -wit: On April 17, 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
$186,866.90 "Bid Sum which was bid and offered by First Interstate Bank
"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 $1,948.10 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 April 17, 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
17th day of April 2012.
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name:
Cory Stoof
Title: Deputy Sheriff
Certificate of Sale
Allen 12 -02245
Page 2 of 7
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 17t day of
April 2012.
Witness my hand and official seal.
1,
Notary Public
v S L. iJ0 lAJUIC
19.0 't• S T A V E OF
WYOMING
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00770
Certificate of Sale
Allen 12 -02245
Page 3 of 7
STATE OF WYOMING
COUNTY OF NATRONA
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 May 17, 2006 (the "Mortgage and recorded
on May 22, 2006, at Reception No. 918687 in Book 620 at Page 861 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 Duane C. Allen and Melissa M.
Allen "Mortgagor(s) the named mortgagor(s), and First Interstate Bank is the
named mortgagee.
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: 71969009843000521149
CERTIFIED MAIL NO. FSN: 71969009843000526885
First Interstate Bank
104 S. Wolcott
Casper, WY 82601*
CERTIFIED MAIL NO. NOI: 71969009843000521156
CERTIFIED MAIL NO. FSN: 71969009843000526892
CURRENT RESIDENT
59 Buckskin Way
Etna, WY 83118*
CERTIFIED MAIL NO. N01: 71969009843000521163
CERTIFIED MAIL NO. FSN: 71969009843000526908
Duane C. Allen
59 Buckskin Way
Etna, WY 83118*
CERTIFIED MAIL NO. NOI: 71969009843000521170
CERTIFIED MAIL NO. FSN: 71969009843000526915
Duane C. Allen
PO Box 11626
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000521187
CERTIFIED MAIL NO. FSN: 71969009843000526922
Duane C. Allen
P.O. Box 1753
Pinedale, WY 82941*
CERTIFIED MAIL NO. NOI: 71969009843000521194
CERTIFIED MAIL NO. FSN: 71969009843000526939
Melissa M. Allen
59 Buckskin Way
Etna, WY 83118*
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EXHIBIT A
SS
Certificate of Sale
Allen 12 -02245
Page 4 of 7
00711
CERTIFIED MAIL NO. NOI: 71969009843000521200
CERTIFIED MAIL NO. FSN: 71969009843000526946
Melissa M. Allen
PO Box 11626
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000521217
CERTIFIED MAIL NO. FSN: 71969009843000526953
Melissa M. Allen
P.O. Box 1753
Pinedale, WY 82941*
CERTIFIED MAIL NO. NOI: 71969009843000521224
CERTIFIED MAIL NO. FSN: 71969009843000526960
First Interstate Bank
PO Box 7000
Jackson, WY 83002*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 6, 2012 and the date of the first publication of the notice
of foreclosure sale was March 22, 2012.
State of Wyoming
County of Natrona
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
day of CL1i 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski LLC.
My commission expires:
/S
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-.-y: Anne Michitsc -h
Castle StawixSki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Ca
(Signature of notarial officer)
Title (and lnk)
00'7'72
Certificate of Sale
Allen 12 -02245
Page 5 of 7
KEMMERER GAZETTE
\I FID.AVIT I'1 13LIC\TIO\
lw.n iert r Garza
Kvmmerer,A\∎ oming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has oc-
curred under the terms of a promissory note (the "Note dated May 17,
2006, executed and delivered by Duane C. Allen and Melissa M. Allen
("Mortgagor(s)") to First Interstate Bank, 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 May 22, -2006, at Reception No.
918687 in Book 620 at Page 861 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 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 $182,485.12 which sum consists of the unpaid principal
balance of $177,593.47 plus interest accrued to the date of the first pub
lication of this notice in the amount of $4,891.65, 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 First Interstate Bank, 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 April 17, 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 57 OF NORDIC RANCHES DIVISION NO. 5, LINCOLN
COUNTY, WYOMING AS.DESCRIBED ON THE OFFICIAL PLAT
FILED ON AUGUST 9, 1994 AS INSTRUMENT NO. 787904 OF THE
RECORDS OF THE LINCOLN COUNTY CLERK.
with an address of 59 Buckskin Way, Etna, WY 83118.
Together with all improvements thereon situate and all fixtures and
appurtenances thereto.
First Interstate Bank
By: Castle Stawiarski, LLC
330 S. Walsh Drive, Ste. 202
Casper, WY 82609-0000
(307)333 5379
PUBLISH: March 22, 29, April 5, 12, 2012 (12- 02245) 0322A
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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 i f consecutive issues /weeks;
the first publication being on the ?7
day of `IT' 20 I Z
and the last publication being on the
day of
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
,20
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Win, Publisher
RO t MAkY CAPCLI FN NOTARY U 3L ?l
Court of State of
t.inroln YJyomieql
MV �'u itmig,. ".IUn E)i May 5, ,?.1.)12
Subscribed in my presence and sworn to
before me on this 12 day of
A.D.,
by Michae Jensen, Publis
Notary Sign
L;ertmcate or gale
Allen 12 -02245
Page 6 of 7
00773
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 $1,948.10 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 SAYETi NAUGHT.
By`: Patricia Anne'Michitscii
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Total $1,948.10
Attorney Fees (Foreclosure) 600.00
Title Commitment 722.00
Statutory Notice Fee 103.50
PUB COST FSN 3 -22 -12 379.60
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Sheriffs Deed 11.00
Record Assign of Cert of Sale 11.00
Sheriffs Fee Sale 10,00
Sheriffs Fee Deed 10.00
FTPDD 25.00
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
l 2 day of a -2 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
My commission expires:
1 9/S
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
(Signature of notarial officer)
Title (and R k)
Certificate of Sale
Allen 12 -02245
Page 7 of 7
00774