HomeMy WebLinkAbout965189STATE OF WYOMING_
COUNTY OF LINCOLN
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 August 20, 2002, executed and delivered by
Thomas E Wellard and Tammy J Wellard to U.S. Bank National Association ND
and (b) that certain mortgage dated August 20, 2002 (the "Mortgage securing
said note, which Mortgage was executed and delivered by said mortgagor(s), to
said mortgagee, and was recorded on August 26, 2012, at Reception No.
883538 in Book 497 at Page 683 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:
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, U.S. Bank National Association,
ND "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
forenoon, at the front door of the Lincoln County Courthouse in the City of
COSPkg
CERTIFICATE OF SALE
SS
LOT 1 OF THE MILLER SUBDIVISION, LINCOLN, COUNTY,
WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEROF
with an address of 147 Miller Loop, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 6/19/2012 at 11:02 AM
RECEIVING 965189
BOOK: 788 PAGE: 44
JEANNE WAGNER
LINCOLN COUNTY CLEJ° WY
Certificate of Sale
Wellard 12 -05802
Page 1 of 7
00044
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
$42,250.00 "Bid Sum which was bid and offered by U.S. Bank National
Association, ND "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 $1,768.60 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
19 thday of dune 2012.
COSPkg
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: till
Print Name:
Mitchell Hale
Title: Deputy Sheriff
Certificate of Sale
Wellard 12 -05802
Page 2 of 7
00045
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
COSPkg
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.
C
Notary Public
SAVANNA L RALL OTARY PUBLIC
COUNTY OF STATE OF
LINCOLN tl` WYOMING
My CommlWon fog
Certificate of Sale
Wellard 12 -05802
Page 3 of 7
00040
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 August 20, 2002 (the "Mortgage and
recorded on August 26, 2012, at Reception No. 883538 in Book 497 at Page
683 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 Thomas E Wellard
and Tammy J Wellard "Mortgagor(s) the named mortgagor(s), and U.S. Bank
National Association ND 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: 71969009843000515940
CERTIFIED MAIL NO. FSN: 71969009843000519863
U.S. Bank National Association, ND
4801 Frederica Street
Owensboro, KY 42301
CERTIFIED MAIL NO. NOI: 71969009843000515957
CERTIFIED MAIL NO. FSN: 71969009843000519870
CURRENT RESIDENT
147 Miller Loop
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000515964
CERTIFIED MAIL NO. FSN: 71969009843000519887
Thomas E Wellard
147 Miller Loop
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000515971
CERTIFIED MAIL NO. FSN: 71969009843000519894
Thomas E Wellard
P.O. Box 1692
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000515988
CERTIFIED MAIL NO. FSN: 71969009843000519900
Thomas E Wellard
P.O. Box 7952
Jackson, WY 83002*
CERTIFIED MAIL NO. NOI: 71969009843000515995
CERTIFIED MAIL NO. FSN: 71969009843000519917
Tammy J Wellard
147 Miller Loop
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000516008
CERTIFIED MAIL NO. FSN: 71969009843000519924
Tammy J Wellard
P.O. Box 1692
Afton, WY 83110*
Q: \docs_cas2K \wy \Mailing.doc
EXHIBIT A
SS
Wellard 12 -05802
Page 4of9
00047
CERTIFIED MAIL NO. NOI: 71969009843000516015
CERTIFIED MAIL NO. FSN: 71969009843000519931
Tammy J Welland
P.O. Box 7952
Jackson, WY 83002*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 9, 2012 and the date of the first publication of the notice
of foreclosure sale was May 24, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
I day of Q 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LC.
NtlArve Y Public rs,....r<ar
NANCY KEENER
STATE E OF WYOMING
COUNTY OF NATRONA
My Commission f: pi«s Jan 19 2015
Q: \docs_cas2K \wy \Mailing.doc
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
y: atricia An, e Michitsc
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial officer)
Title (and Rani)
Wellard 12 -05802
Page 5 of 9
00048
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
Q: \docs_cas2K \wy \Mailing.doc
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 4 consecutive issues /weeks;
the first publication being on the 24
day of 20 12
and the last publication being on the 14
day of
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
20 12.;
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES 5/5/16
a u c
Michael J Publisher
Subscribed in my presence and sworn to
before me on this t4 day of
C
by -i±t' -I Jensen, Publ'sh
Wellard 12 -05802
Page 6 of 9
00049
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 5 -24 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriff's Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
FTP Update
State of Wyoming
County of Natrona
NOTARY Fk.?SL ;c
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
My' Commission Expires San 1� 2015
�xc�Pe.aaaca: �Ttietr.
My commission expires:
4 1
Q: \docs_cas2K \wy \Mailing.doc
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 $1,768.60 as compensation for services
actually rendered in the foreclosure proceeding.
(Signature df notarial officer)
Title (and Bank)
600.00
565.00
92.00
379.60
50.00
26.00
11.00
10.00
10.00
25.00
Total $1,768.60
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 AFFIA-T SAY H NAUGHT.
./Aez ,A;
B Patricia An Michit ch"
Castle Stawia ki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day of ----e_ 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
Wellard 12 -05802
Page 7 of 9