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HomeMy WebLinkAbout964346STATE 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 1, 2008, executed and delivered by Darren Dunn and Karalee Dunn to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb. its successors and assigns and (b) that certain mortgage dated July 1, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 8, 2008, at Reception No. 940395 in Book 699 at Page 481 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 THIRTEEN (13) ASPEN RIDGE ESTATES, RECORDED ON PLAT NUMBER 237 -B, FILED APRIL 28, 2004 AS DOCUMENT NUMBER 898828 IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING with an address of 416 Aspen Ridge Trail, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal Deposit Insurance Corporation (Acting in any capacity, "FDIC as receiver for First Bank of Idaho, FSB Assignment dated: August 1, 2011 Assignment recorded: August 8, 2011 Assignment recording information: at Reception No. 960400 in Book 770 at Page 636 Assignee: 2010 -3 SFR Venture, LLC Assignment dated: November 21, 2011 Assignment recorded: December 2, 2011 Assignment recording information: at Reception No. 962181 in Book 777 at Page 258 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. COSPkg 00427 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, 2010 -3 SFR Venture, 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 Certificate of Sale RECEIVED 5/112012 at 9:48 AM Dunn 11-09975 RECEIVING 964346 Page 1 of 7 BOOK: 785 PAGE: 427 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 April 5, 2012 issue of said newspaper and ending with the April 26, 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 May 1, 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 400,000 Bid Sum which was bid and offered by 2010 -3 SFR Venture, 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 $3,370.00 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 May 1, 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 Dunn 11 -09975 Page 2 of 7 00428 DATED at Kemmerer, Lincoln County, State of Wyoming, this 1st day of May 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Witness my hand and official seal. Notary Public sAVVNNA L-". KRALL COUNTY OF LINCOLN My CON M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ACKNOWLEDGMENT SS 0" 0 4 2 0 By: Print Name: f Boyd Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 1st day of May 2012. i.f.; Certificate of Sale Dunn 11 -09975 Page 3 of 7 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 1, 2008 (the "Mortgage and recorded on July 8, 2008, at Reception No. 940395 in Book 699 at Page 481 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 Darren Dunn and Karalee Dunn "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal Deposit Insurance Corporation (Acting in any capacity, "FDIC as receiver for First Bank of Idaho, FSB Assignment dated: August 1, 2011 Assignment recorded: August 8, 2011 Assignment recording information: at Reception No. 960400 in Book 770 at Page 636 Assignee: 2010 -3 SFR Venture, LLC Assignment dated: November 21, 2011 Assignment recorded: December 2, 2011 Assignment recording information: at Reception No. 962181 in Book 777 at Page 258 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. NO1: 71969009843000529879 CERTIFIED MAIL NO. FSN: 71969009843000536891 2010 -3 SFR Venture, LLC 5032 Parkway Plaza Blvd Charlotte, NC 28217* COSPkg Certificate of Sale Dunn 11 -09975 Page 4 of 7 00430 CERTIFIED MAIL NO. NO1: 71969009843000529886 CERTIFIED MAIL NO. FSN: 71969009843000536907 CURRENT RESIDENT 416 Aspen Ridge Trail Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000529824 CERTIFIED MAIL NO. FSN: 71969009843000536914 Darren Dunn 416 Aspen Ridge Trail Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000529893 CERTIFIED MAIL NO. FSN: 71969009843000536921 Dairen Dunn PO Box 3998 Alpine, WY 83128 -3921* CERTIFIED MAIL NO. NOI: 71969009843000529909 CERTIFIED MAIL NO. FSN: 71969009843000536938 Karalee Dunn 416 Aspen Ridge Trail Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000529862 CERTIFIED MAIL NO. FSN: 71969009843000536945 Karalee Dunn PO Box 3998 Alpine, WY 83128 -3921* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 20, 2012 and the date of the first publication of the notice of foreclosure sale was April 5, 2012. State of Wyoming County of Natrona day of 0 Castle Stawiarski, LtC. •3..�i >g8r�ayt;'cfiJ= �?A:- RStriFl ":.�,h'^L NOTARY PUBLIC1 NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA M Commission Expires Jan 19, 2015 M +n'.i3.R'eYa'h' .h. 8.`.�'t2i'TFfit' 1, COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of My commission expires: -I S� t By: Iatricia Anne Michitsch Castle Stawiars1 LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ran Certificate of Sale Dunn 11 -09975 Page5of7 00431 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note (the "Note dated July 1, 2008, executed and delivered by Darren Dunn and Karalee Dunn "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc.. as nominee for First Bank of Idaho, fsb. its successors and assigns, 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 July 8, 2008, at Reception No. 940395 in Book 699 at Page 481 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 was assigned for value as follows: Assignee: Federal Deposit Insurance Corporation (acting in any capac- ity, "FDIC") as receiver for First Bank of Idaho, FSB Assignment dated: August 1, 2011 Assignment recorded: August 8, 2011 Assignment recording information: at Reception No. 960400 in Book 770 at Page 636 Assignee: 2010 -3 SFR Venture, LLC Assignment dated: November 21, 2011 Assignment recorded: December 2, 2011 Assignment recording information: at Reception No. 962181 in Book 777 at Page 258 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 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 $825,308.57 which sum consists' of the unpaid principal balance of $711,659.86 plus interest accrued to the date of the first pub- lication of this notice in the amount of $113,648.71, 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 2010-3 SFR Venture, LLC, 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 May 1, 2012 at the front door of the Lincoln county Courthouse located at 925 Sage Avenue, Kemmerer, incoln County, for application on the above-described amounts secured byhthe tV o tgage, said,mortgagedr'property being described as fallows,'to.wit: LOT THIRTEEN (13) ASPEN RIDGE ESTATES, RECORDED ON PLAT NUMBER= 237 -B,:PILED APRIL 28, 2004 AS DOCUMENT NUMBER 898828 IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING with an address of 416 Aspen Ridge Trail, Alpine WY 83128. Together with all improvements' thereon situate and all fixtures and appurtenances thereto. PUBLISH: April 5, 12, 19, 26, 2012 (11- 09975) 2010 -3 SFR Venture, LLC By: Castle Stawiarski, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609-0000 (307) 333 5379 0405 EXHIBIT B PUBLISHER'S AFFIDAVIT Notary Sig KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 5 day of ,I9 i't.Z.-tr 20 12 and the last publication being on the 2(✓. day of 0 11 AL 20 I Z and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michaeile ..en, Publisher n i∎Mi. i, CAP II i O Ill; i'01,31,1(.; k l lm ,l.� tia r t t, V,., I Y 1 «t Subscribed in my presence and sworn to before me on this day of t SL A.D., 20 1,2. 'y MichaeNensen, Pub ish Dunn 11 -09975 Page 6 of 7 00432 STATE OF WYOMING COUNTY OF NATRONA 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 $3,370.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM FTPDD x 2 PUB COST FSN 4 -5 -12 Conduct Sale Fee Record Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $3,370.00 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 SAYEZNAUGHT. Ay: Patricia Anne Michitsch, Castle Sta■erski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona Nv7ARY PUBLIC NANCY KEENER STATE OF WYOMING COUN:'r OF MATRON/' M Commission Ext�ire ,la,� 19, 201:1 s�wYa£R v" uti�1:% KWNi�i !�3�+YYFGI "�MY:�'�... My commission expires: 7 COSPkg (Signature of notarial officer) Title (and Ra 600.00 1,825.00 69.00 8.00 250.00 511.00 50.00 26.00 11.00 10.00 10.00 This instrument was acknowledged before me on c day of C ,,.J 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. 433 Certificate of Sale Dunn 11 -09975 Page 7 of 7