HomeMy WebLinkAbout965186STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
M. Shane Jphpsop 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 January 17, 2008, executed and delivered by
Santos S. Garcia to Wells Fargo Bank, N.A. and (b) that certain mortgage dated
January 17, 2008 (the "Mortgage securing said note, which Mortgage was
executed and delivered by said mortgagor(s), to said mortgagee, and was
recorded on January 18, 2008, at Reception No. 936343 in Book 684PR at Page
178 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:
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LOT 5 AND THE NORTHERLY ONE -HALF OF LOT 6 OF BLOCK
7 OF THE FAIRVIEW ADDITION TO THE TOWN OF KEMMERER,
LINCOLN COUNTY, WYOMING, AS DESCRIBED ON THE
OFFICIAL PLAT THEREOF.
with an address of 1421 Central Ave, Kemmerer, WY 83101
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.
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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.
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 May 24, 2012 issue of said
newspaper and ending with the June 14, 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 June 19, 2012 at 10:00 o'clock in the
Certificate of Sale
RECEIVED 6/19/2012 at 10:45 AM Garcia 12 -02399
RECEIVING 965186 Page 1 of 7
BOOK: 788 PAGE: 23
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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
$131,900.00 "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 $2,896.20 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 June 19, 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
19th day of June 2012.
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M- Shang. JrIhnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Mitchell Hale
Title:
Deputy Sheriff
Certificate of Sale
Garcia 12 -02399
Page 2 of 7
00024
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGMENT
SS
uuu25
The foregoing instrument was subscribed in my presence and
acknowledged before me by Mitchell Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 19th day of
2012.
My Commission Expires:
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Witness my hand and official seal.
Notary Public
SAVANNA L. KRALL NOTARY PUCLIC
COUNTY s 1 `4r STATE i
LINCOLN 04,1. 1�'Y0 i'�•iC;
My Ccltlttll;,5NX1 Expires
Certificate of Sale
Garcia 12 -02399
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 January 17, 2008 (the "Mortgage and
recorded on January 18, 2008, at Reception No. 936343 in Book 684PR at Page
178 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 Santos S. Garcia
"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
CERTIFIED MAIL NO. NOPP: NOT SENT PER CLIENT
CERTIFIED MAIL NO. FSN2: NOT SENT PER CLIENT
Wells Fargo Bank, N.A.
3476 Stateview Blvd
Fort Mill, SC 29715*
CERTIFIED MAIL NO. NOI: 71969009843000519290
CERTIFIED MAIL NO. FSN: 71969009843000522436
CERTIFIED MAIL NO. NOPP: 71969009843000540331
CERTIFIED MAIL NO. FSN2: 71969009843000519993
CURRENT RESIDENT
1421 Central Ave
Kemmerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000519306
CERTIFIED MAIL NO. FSN: 71969009843000522443
CERTIFIED MAIL NO. NOPP: 71969009843000540348
CERTIFIED MAIL NO. FSN2: 71969009843000520005
Santos S Garcia
1421 Central Ave
Kemmerer, WY 83101*
CERTIFIED MAIL NO. NOI: 71969009843000519313
CERTIFIED MAIL NO. FSN: 71969009843000522450
CERTIFIED MAIL NO. NOPP: 71969009843000540355
CERTIFIED MAIL NO. FSN2: 71969009843000520012
Santos S Garcia
308 Garnet St
Kemmerer, WY 83101 -2901*
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Certificate of Sale
Garcia 12 -02399
Page 4 of 7
00026
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was March 2, 2012 and the date of the first publication of the notice
of foreclosure sale was March 15, 2012. Republishing began again on May 24,
2012.
State of Wyoming
County of Natrona
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FURTHER AFFIANT SAYETH NAUGHT.
is rR ;Ay7,.Rk!C' SRN?[ S�. M3? •lf.S%•r:�a£.fd's.�- •.1+aenv�
McIANY PL:b1A
NANCY KEENER
STATE OF h^,F"YO?IVG
COUNTY OF NATRONA
Commission Expires jr ar i3 20'35
:ae Ear a .uaze;.r crerxa:ii
My commission expires:
i 9
y: Patricia A9ne Michitsch'
Castle Stawia(`ski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
1 day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, N.LC.
(Signature of notarial officer)
Title (and Ra)
1
Certificate of Sale
Garcia 12 -02399
Page 5 of 7
u0027
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B
PUBLISHER'S AFFIDAVIT
day of
Michael
bylict'rae5ensen, Publis
4.:
Notary Signa
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Je
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF
F o Y 1 STATE OF
LINCOLN kk+ WYOMING
MY COMMISSION EXPIRES 5/5/16
►Q�_
0 Or
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 "t consecutive issues /weeks;
the first publication being on the A
day of f(Y)C11 20 1�
and the last publication being on the
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated,
(Signed)
Publisher
Subscribed in my presence and sworn to
before me on this 14- day of
PL f A.D., 20_1
e
Garcia 12 -02399
Page 6 of 7
00028
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 $2,896.20 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 SAY H NAUGHT.
State of Wyoming
County of Natrona
day of
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 3 -15 -12
FTP Update x 3
PUB COST NOPP 4 -12 -12
PUB COST FSN2 5 -24 -12
Conduct Sale.
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $2,896.20
Castle Stawiarski, LC.
i aza. :aR14 a T1.t €xt
fii`�a w NANCY' Y^ it i, 1 A�a C s' o ENER
TA r r YC) full NG
R`;�' ou NATRONA
��q!.
CC/1 ioH c Jan 19, 2015
w'^w'fsieiirifen'i -rJ4 T mia L c iG3iXaRia
This instrument was acknowledged before me on
2012 by Patricia Anne Michitsch as attorney of
My commission expires:
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
SS
By: "atricia An Michitsch'
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of friotarial officer)
Title (and lily)
700.00
610.00
69.00
379.60
275.00
365.00
379.60
50.00
26.00
11.00
11.00
10.00
10.00
Certificate of Sale
Garda 12 -02399
Page 7of7
00029