HomeMy WebLinkAbout965268STATE 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 December 21, 2006, executed and delivered by
Melanie Simon and Kyle Clancy to lndymac Bank, F.S.B. and (b) that certain
mortgage dated December 21, 2006 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on December 28, 2006, at Reception No. 925658 in Book 644
at Page 772 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 6 OF SHADOW DANCER ESTATE, LINCOLN COUNTY,
WYOMING ACCORDING TO THAT PLAT FILED AUGUST 11,
2004 IN THE OFFICE OF THE COUNTY CLERK AS PLAT NO.
173 -C
with an address of 60 Dancer Cir, Alpine, WY 83128
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: OneWest Bank, FSB
Assignment dated: January 25, 2010
Assignment recorded: March 15, 2010
Assignment recording information: at Reception No. 952550 in Book 744 at Page
7
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, OneWest Bank, FSB
"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 31, 2012 issue of said
RECEIVED 6/26/2012 at 10:16 AM
RECEIVING 965268
BOOK: 788 PAGE: 288
JEANNE WAGNER
LINCOLN COUNTY CL`"'" "EMMERER, WY
Certificate of Sale
Simon 11- 15117RR
Page 1 of 7
00288
newspaper and ending with the June 21, 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 26, 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
253,509.43 "Bid Sum which was bid and offered by
OneWest Bank, FSB "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 $1,421.50 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 26, 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
26th day of June 2012.
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Sheriff in and for Lincoln County, State
of Wyoming
By:
M. Shane Johnson
4.
Print Name. Cli f Boyd
Title: Deputy Sheriff
Certificate of Sale
Simon 11- 15117RR
Page2of7
0028`0
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 Cliff Boyd
Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of
June 2012.
Witness my hand and official seal.
9_0
Notary Public
SAVANNA L. KRALL NOTARY PUBLIC
STATE OF
COUNT`! OF sj
LINCOLN WYOMING
My Commission Expires
Certificate of Sale
Simon 11- 15117RR
Page 3 of 7
00290
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 December 21, 2006 (the "Mortgage and
recorded on December 28, 2006, at Reception No. 925658 in Book 644 at Page
772 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 Melanie Simon and
Kyle Clancy "Mortgagor(s) the named mortgagor(s), and Indymac Bank,
F.S.B. is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: OneWest Bank, FSB
Assignment dated: January 25, 2010
Assignment recorded: March 15, 2010
Assignment recording information: at Reception No. 952550 in Book 744 at Page
7
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: 71969009843000517128
CERTIFIED MAIL NO. FSN: 71969009843000524386
OneWest Bank, FSB
888 East Walnut Street
Pasadena, CA 91101*
CERTIFIED MAIL NO. NOI: 71969009843000517142
CERTIFIED MAIL NO. FSN: 71969009843000524393
CURRENT RESIDENT
60 Dancer Cir
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000517159
CERTIFIED MAIL NO. FSN: 71969009843000524409
Melanie Simon
60 Dancer Cir
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000517166
CERTIFIED MAIL NO. FSN: 71969009843000524416
Melanie Simon
970 W Broadway 313
Jackson, WY 83001*
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EXHIBIT A
SS
Certificate of Sale
Simon 11- 15117RR
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00291
CERTIFIED MAIL NO. NOI: 71969009843000517173
CERTIFIED MAIL NO. FSN: 71969009843000524423
Melanie Simon
16 W. Mission St. Ste N
Santa Barbara, CA 93105*
CERTIFIED MAIL NO. NOI: 71969009843000517180
CERTIFIED MAIL NO. FSN: 71969009843000524430
Melanie Simon
674 Minaret
June Lake, CA 93529*
CERTIFIED MAIL NO. NOI: 71969009843000517197
CERTIFIED MAIL NO. FSN: 71969009843000524447
Kyle Clancy
60 Dancer Cir
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000517203
CERTIFIED MAIL NO. FSN: 71969009843000524454
Kyle Clancy
970 W Broadway 313
Jackson, WY 83001*
CERTIFIED MAIL NO. NOI: 71969009843000517210
CERTIFIED MAIL NO. FSN: 71969009843000524461
Kyle Clancy
16 W. Mission St. Ste N
Santa Barbara, CA 93105*
CERTIFIED MAIL NO. NOI: 71969009843000517227
CERTIFIED MAIL NO. FSN: 71969009843000524478
Kyle Clancy
674 Minaret
June Lake, CA 93529*
CERTIFIED MAIL NO. NOI: 71969009843000517234
CERTIFIED MAIL NO. FSN: 71969009843000524485
Shadow Dancer Estates
Owners Association
P.O. Box 3207
Alpine, WY 83128*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was May 10, 2012 and the date of the first publication of the notice
of foreclosure sale was May 31, 2012.
State of Wyoming
County of Natrona
/Sday of
Castle Stawiars1 i, LLC.
FURTHER AFFIANT SAYETH NAUGHT.
DR
KELLE L PUBLIC
EAr�Y STATE OF WYOMING
+t�4. COUNTY OF NATRONA
M Commission Ex ires Jan 19, 2015
My commission expires:
///Y
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4 AZIZZ/
y: Patricia A rie Michits6h
Castle Stawi s ki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2012 by Patricia Anne M ghitsch as attorney of
(Si rv notarry o
l4AO(A f
Title (and Ran
Certificate of Sale
Simon 11- 15117RR
Page 5 of 7
00292
app
PUBLISH: May 331. Junei
KEMMERER. GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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EXHIBIT B
day of 4'1/1
day of
Michael Jensen
Subscribed in my presence and sworn to
before me on this 2.1 day of
(J
Pik, A.D., 20 t2„
by Michae ensen, Publis
otary Signat
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 �I
,20 12
and the last publication being on the Z1
20 I2
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 h_ I WYOMING
MY COMMISSION EXPIRES 515/16
lkisher
*j
Simon 11- 15117RR
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00293
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 $1,421.50 as compensation for services
actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure)
Statutory Notice Fee
FTPDD x 2
PUB COST FSN 5 -31 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
Total $1,421.50
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 -S A E/TH NAUGHT
State of Wyoming
County of Natrona
/day of
Castle Stawiars1 i, LLC.
NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
Commission Ex.ires Jan 19, 2015
My commission expires:
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Ott
y: Patricia ne Michi ch
Castle Stayr'arski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
2012 by Pat' .'a Anne Mjsch as attorney of
2
Title (and R. k)
600.00
126.50
150.00
438.00
50.00
26.00
11.00
10.00
10.00
Certificate of Sale
Simon 11- 15117RR
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