HomeMy WebLinkAbout964133STATE OF WYOMING
COUNTY OF LINCOLN
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CERTIFICATE OF SALE
SS
M. Shane Johnson of lawful age, being first duly sworn
upon his oath, states and certifies as follows:
00775
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 February 9, 2009, executed and delivered by
Michael A. Issler to Wells Fargo Bank, N.A. and (b) that certain mortgage dated
February 9, 2009 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on February 17, 2009, at Reception No. 945325 in Book 715PR at
Page 566 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:
BEGINNING AT A POINT WHICH IS 10 RODS WEST FROM THE
SOUTHEAST CORNER OF LOT 1 OF BLOCK 23 OF THE AFTON
TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING THENCE WEST
10 RODS; THENCE NORTH 10 RODS; THENCE EAST 10 RODS; THENCE
SOUTH 10 RODS TO THE POINT OF BEGINNING.
ALSO:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 23 OF
THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING
THENCE NORTH 5 RODS; THENCE WEST 5 RODS; THENCE SOUTH 5
RODS; THENCE EAST 5 RODS TO THE PLACE OF BEGINNING.
LESS AND EXCEPT THE SOUTH 2 RODS THEREOF.
ALSO:
BEGINNING AT A POINT WHICH IS 15 RODS SOUTH FROM THE
NORTHEAST CORNER OF LOT 1 ON BLOCK 23 OF THE AFTON
TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING THENCE
NORTH 1 /2 ROD; THENCE WEST 5 RODS; THENCE SOUTH 1 /2 ROD;
THENCE EAST 5 RODS TO THE PLACE OF BEGINNING.
ALSO:
BEGINNING 82.5 FEET WEST AND 165 FEET SOUTH FROM THE
NORTHEAST CORNER OF LOT 1 OF BLOCK 23 OF THE AFTON
TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING THENCE
SOUTH 163 FEET; THENCE WEST 82.5 FEET; THENCE NORTH 163 FEET;
THENCE EAST 82.5 FEET TO THE POINT OF BEGINNING.
with an address of 444 Monroe St, Afton, WY 83110
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, 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.
RECEIVED 4/17/2012 at 10:50 AM
RECEIVING 964133
BOOK: 784 PAGE: 775
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Issler 12 -02750
Page 1 of 7
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.
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
$146,240.85 "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 $1,976.30 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 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 Wyomi g
By: 4
Print Name: Cory Stoof
Title: M. Shane Johnson
00776
Certificate of Sale
Issler 12 -02750
Page 2 of 7
STATE OF
COUNTY OF
My Commission Expires:
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WYOMING
LINCOLN
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
April 2012.
Witness my hand and official seal.
Notary Public
17th day of
Certificate of Sale
Issler 12-02750
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 February 9, 2009 (the "Mortgage and
recorded on February 17, 2009, at Reception No. 945325 in Book 715PR at
Page 566 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 Michael A. Issler
"Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. is the
named mortgagee; 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
Wells Fargo Bank, N.A.
3476 Stateview Blvd
Fort Mill, SC 29715*
CERTIFIED MAIL NO. NOI: 71969009843000523396
CERTIFIED MAIL NO. FSN: 71969009843000526977
CURRENT RESIDENT
444 Monroe St
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000523402
CERTIFIED MAIL NO. FSN: 71969009843000526984
Michael A Issler
444 Monroe St
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000523419
CERTIFIED MAIL NO. FSN: 71969009843000526991
Michael A Issler
PO Box 3864
Alpine, WY 83128 -3841*
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EXHIBIT A
SS
Certificate of Sale
Issler 12 -02750
Page 4 of 7
778
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 9, 2012 and the date of the first publication of the notice
of foreclosure sale was March 22, 2012.
State of Wyoming
County of Natrona
My commission expires:
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FURTHER AFFIANT SAYETH NAUGHT.
r'
By: Patricia Anne Michitsch
Castle Stawi6rski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
Cfri
(Signature of notarial officer)
Title (and RRnV)
This instrument was acknowledged before me on
/,2 day of Ct.,,J? 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Certificate of Sale
Issler 12 -02750
Page 5 of 7
00779
KEMMERER GAZETTE
\FFIIk \l"1' ()F Ii BLl Vl'IOIN
Ihc.nun[,rc r Gar.rllr
hcn,nuu cr. voming
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 February
9, 2009, executed and delivered by Michael A. Issler "Mortgagor(s) to
Welts Fargo Bank, N.A., and a real estate mortgage (the "Mortgage of
the same date securing the Note, which Mortgage was executed and de-
livered by said Mortgagor(s), to said Mortgagee, and which Mortgage was
recorded on February 17, 2009, at Reception No. 945325 in Book715PR
at Page 566 in the records of the office of the County Cleerk 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, dor 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 $143,412:26 which sum, consists of the unpaid principal
balance of $141,287.76 plus interest accrued to the date of the first pub
lication of this notice in the amount of $2,124.50, 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 hens 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 Wells Fargo Bank, N.A., 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:
BEGINNING AT A POINT WHICH IS 10 RODS WEST FROM THE
SOUTHEAST CORNER OF LOT 1 OF BLOCK 23 OF THE AFTON
TOWNSITE, LINCOLN COUNTY,' WYOMING AND RUNNING
THENCE WEST 10 RODS; THENCE NORTH 10 RODS; THENCE
EAST 10 RODS; THENCE SOUTH 10 RODS TO THE POINT OF
BEGINNING.
ALSO:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF
BLOCK 23 OF THE AFTON TOWNSITE, LINCOLN COUNTY,
WYOMING AND RUNNING THENCE NORTH 5 RODS; THENCE
WEST 5 RODS; THENCE SOUTH 5 RODS; THENCE EAST 5 RODS
TO THE PLACE OF BEGINNING.
LESS AND EXCEPT THE SOUTH 2 RODS THEREOF.
ALSO:
BEGINNING AT A POINT WHICH IS 15 RODS SOUTH FROM
THE NORTHEAST CORNER OF LOT 1 ON BLOCK 23 OF THE AF-
TON TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING
THENCE NORTH'/ ROD; THENCE WEST 5 RODS; THENCE SOUTH
1/2 ROD; THENCE EAST 5 RODS TO THE PLACE OF BEGINNING.
ALSO:
BEGINNING 82.5 FEET WEST AND 165 FEET SOUTH FROM
THE NORTHEAST CORNER OF LOT 1 OF BLOCK 23 OF THE AF-
TON TOWNSITE, LINCOLN COUNTY, WYOMING AND RUNNING
THENCE SOUTH 163 FEET; THENCE WEST 82.5 FEET; THENCE
NORTH 163 FEET; THENCE EAST 82.5 FEET TO THE POINT OF
BEGINNING.
with an address of 444 Monroe St, Afton, WY 83110.
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: March 22, 29, April 5, 12, 2012 (12- 02750)
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 4 consecutive issues /weeks;
the first publication being on the 22
day of 1 \(‘Clh01v 20 l2
and the last publication being on the 2
day of t 511, zo [2.
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Subscribed in my presence and sworn to
before me on this 12 day of
A.D., 20 12
by MicTiael\lensen, Publish
Notary Sign
KEMMERER, WYOMING
Michael Je sen, Publisher
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
v.,.s,
R0 '',:tY CAi t LI 1 •NO !'t't' 1.'J3L'G
Cn.nuy of j State of
r
Lill'aln aJ1' rn,,n
Jv t'nfrI ni F. `t' s MAv ri. 2
Certificate of Sale
Issler 12 -02750
Page 6 of 7
00780
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 3 -22 -12
FTP Update
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
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 $1,976.30 as compensation for services
actually rendered in the foreclosure proceeding.
600.00
644.00
34.50
554.80
25.00
50.00
26.00
11.00
11.00
10.00
10.00
Total $1,976.30
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 AFF-IANT SAYET NAUGHT.
State of Wyoming
County of Natrona
By Patricia Anne Michitsch"
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day of a,-.1 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
My commission expires:
l /9AS
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(Signature of notarial officer)
Title (and R r<)
Certificate of Sale
Issler 12 -02750
Page 7 of 7
4)'0 `7 81