HomeMy WebLinkAbout965188STATE OF WYOMING
COUNTY OF LINCOLN
CERTIFICATE OF SALE
SS
M_ Shane JohDSon 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 August 3, 2006, executed and delivered by
Matthew S Schulze and Lindsey R Anderson to Mortgage Electronic Registration
Systems, Inc., as nominee for First Horizon Home Loan Corporation its
successors and assigns and (b) that certain mortgage dated August 3, 2006 (the
"Mortgage securing said note, which Mortgage was executed and delivered by
said mortgagor(s), to said mortgagee, and was recorded on August 8, 2006, at
Reception No. 921032 in Book 629 at Page 314 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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UNIT 2 OF MOOSE RUN CONDOMINIUMS, LINCOLN COUNTY,
WYOMING, ACCORDING TO THAT PLAT RECORDED IN THE
OFFICE OF THE LINCOLN COUNTY CLERK ON SEPTEMBER
22, 2004 AS PLAT NO. 361 -B, AND FURTHER DEFINED AND
DESCRIBED IN THE CONDOMINIUM DECLARATION FOR SAID
PROPERTY RECORDED IN BOOK 567 P.R., PAGE 752
with an address of 28 Larkspur Drive #2, 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 National Mortgage Association
Assignment dated: April 16, 2012
Assignment recorded: April 30, 2012
Assignment recording information: at Reception No. 964338 in Book 785 at Page
388
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, Federal National Mortgage
Association "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 6/19/2012 at 10:59 AM
RECEIVING 965188
BOOK: 788 PAGE: 37
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Schulze 12 -04255
Page 1 of 7
00037
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
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
$188,932.40 "Bid Sum which was bid and offered by Federal National
Mortgage Association "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 $2,047.70 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
19thday of June 2012.
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M Shane Johncon
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print Name: Mitchell Hale
Title: Deputy Sheriff
Certificate of Sale
Schulze 12 -04255
Page 2 of 7
00038
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 Mitchell Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 19th day of
.Tune 2012.
Witness my hand and official seal.
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
COUNTY OF
LINCOLN
My Commission Expires
STATE OF
WYOMING
Certificate of Sale
Schulze 12 -04255
Page 3 of 7
00039
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 August 3, 2006 (the "Mortgage and
recorded on August 8, 2006, at Reception No. 921032 in Book 629 at Page 314
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 Matthew S Schulze and
Lindsey R Anderson "Mortgagor(s) the named mortgagor(s), and Mortgage
Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan
Corporation its successors and assigns is the named mortgagee, which
Mortgage was assigned for value as follows:
Assignee: Federal National Mortgage Association
Assignment dated: April 16, 2012
Assignment recorded: April 30, 2012
Assignment recording information: at Reception No. 964338 in Book 785 at Page
388
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: 71969009843000512505
CERTIFIED MAIL NO. FSN: 71969009843000519634
Federal National Mortgage Association
PO Box 8517
Portland, OR 97207*
CERTIFIED MAIL NO. NOI: 71969009843000512512
CERTIFIED MAIL NO. FSN: 71969009843000519641
CURRENT RESIDENT
28 Larkspur Drive #2
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000512529
CERTIFIED MAIL NO. FSN: 71969009843000519658
Matthew S Schulze
28 Larkspur Drive #2
Alpine, WY 83128*
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Certificate of Sale
Schulze 12 -04255
Page4of7
00040
CERTIFIED MAIL NO. NOI: 71969009843000512536
CERTIFIED MAIL NO. FSN: 71969009843000519665
Matthew S Schulze
PO Box 194
Jackson, WY 83001*
CERTIFIED MAIL NO. NOI: 71969009843000512543
CERTIFIED MAIL NO. FSN: 71969009843000519672
Matthew S Schulze
P.O. Box 10921
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000512550
CERTIFIED MAIL NO. FSN: 71969009843000519689
Lindsey R Anderson
28 Larkspur Drive #2
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000512567
CERTIFIED MAIL NO. FSN: 71969009843000519696
Lindsey R Anderson
P.O. Box 194
Jackson, WY 83011*
CERTIFIED MAIL NO. NOI: 71969009843000512574
CERTIFIED MAIL NO. FSN: 71969009843000519702
Lindsey R Anderson
P.O. Box 10921
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000512581
CERTIFIED MAIL NO. FSN: 71969009843000519719
Moose Run Condominiums
Homeowner's Association
P.O. Box 3039
Jackson, WY 83001*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 4, 2012 and the date of the first publication of the notice
of foreclosure sale was May 24, 2012.
State of Wyoming
County of Natrona
/y day of
Castle Stawiarski,
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FURTHER AFFIANT SAYETH NAUGHT.
PUBLIC
A� KEENER
OF WYOMING
i T OF NATRONA
Commi; l ;s;mn Expires Jan 19 2015
My commission expires:
1 9
9
''y: Patricia A e Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
LC.
2012 by Patricia Anne Michitsch as attorney of
(Signature df notarial officer)
Title (and R k)
Certificate of Sale
Schulze 12 -04255
Page 5 of 7
u0041
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
PUBLISHER'S AFFIDAVIT
Groh 24; 3`1; 14 t (12- 0'4255
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EXHIBIT B
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 Z4
day of --M0 Va 20 1
and the last publication being on the 14
Notary Sig ure
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Jense blisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF $I VE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES SAM
Subscribed in my presence and sworn to
before me on this l4 day of
A.D., 20 12
I Jensen, Pu lis
Schulze 12 -04255
Page 6 of 7
00042
STATE OF WYOMING
COUNTY OF NATRONA
State of Wyoming
County of Natrona
1
NC A Y f
NANCY KE M "l
STATE OF WY C :c
;y COUNTY OF NATRONA
=ONA
r C' mrnis> ion kx sires Ja 2015
My commission expires:
`l -iJ
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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 $2,047.70 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 600.00
Title Commitment 723.00
Statutory Notice Fee 103.50
AOM Recording Fee 11.00
PUB COST FSN 5 -24 -12 467.20
Conduct Sale Fee 50.00
Record Cert of Sale 26.00
Record Assign of Cert of Sale 11.00
Record Sheriffs Deed 11.00
Sheriff's Fee Sale 10.00
Sheriff's Fee Deed 10.00
FTPDD 25.00
Total $2,047.70
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
T -SAY-7. T NAUGHT.
IFfy: atricia An3e Michitsch
Castle Stawiagki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
L/ day of 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, kiLC.
(Signature notarial officer)
Title (and F'artic)
Certificate of Sale
Schulze 12 -04255
Page 7 of 7
00043