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Home My WebLink About965379STATE OF WYOMING CERTIFICATE OF SALE SS 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 September 24, 2009, executed and delivered by Brad L. Schroeder and Melinda M. Schroeder to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns and (b) that certain mortgage dated September 24, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 14, 2009, at Reception No. 950042 in Book 733 at Page 848 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: COSPkg PART OF LOT 4 BLOCK 29 OF THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 6 RODS SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 AND RUNNING THENCE SOUTH 4 RODS; THENCE WEST 10 RODS; THENCE NORTH 4 RODS; THENCE EAST 10 RODS TO THE POINT OF BEGINNING. ALSO PART OF LOT 4 OF BLOCK 29 OF THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 5 RODS SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 AND RUNNING THENCE WEST 10 RODS; THENCE SOUTH 1 ROD; THENCE EAST 10 RODS; THENCE NORTH 1 ROD TO THE POINT OF BEGINNING. with an address of 564 Adams St, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: July 20, 2011 Assignment recorded: July 27, 2011 Assignment recording information: at Reception No. 960251 in Book 770PR at Page 66 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. RECEIVED 7/3/2012 at 10:28 AM RECEIVING 965379 BOOK: 788 PAGE: 791 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00701 Certificate of Sale Schroeder 12 -05837 Page 1 of 7 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 June 7, 2012 issue of said newspaper and ending with the June 28, 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 July 3, 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 $205,462.52 "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $2,189.40 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 July 3, 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 Schroeder 12 -05837 Page 2 of 7 00792 DATED at Kemmerer, Lincoln County, State of Wyoming, this 3rd day of July 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Print Name: ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by Mitchelle A Hale Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of July 2012. Witness my hand and official seal. Notary Public SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF LINCOLN My Commission Expires STATE OF WYOMING M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming BY: 2 r Mitchell A Hale Title: Deputy Sheriff Kt 00793 Certificate of Sale Schroeder 12 -05837 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 September 24, 2009 (the "Mortgage and recorded on October 14, 2009, at Reception No. 950042 in Book 733 at Page 848 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 Brad L. Schroeder and Melinda M. Schroeder "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: July 20, 2011 Assignment recorded: July 27, 2011 Assignment recording information: at Reception No. 960251 in Book 770PR at Page 66 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:70112970000393548195 CERTIFIED MAIL NO. FSN:70110470000154724869 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Horne Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000526731 CERTIFIED MAIL NO. FSN: 71969009843000529633 CURRENT RESIDENT 564 Adams St Afton, WY 83110* COSPkg Certificate of Sale Schroeder 12 -05837 Page 4 of 7 00794 CERTIFIED MAIL NO. NOI: 71969009843000526748 CERTIFIED MAIL NO. FSN: 71969009843000529640 Brad L. Schroeder 564 Adams St Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000526755 CERTIFIED MAIL NO. FSN: 71969009843000529657 Brad L. Schroeder 1821 W. Devanny Ln Port Angeles, WA 98363 -8488* CERTIFIED MAIL NO. NOI: 71969009843000526762 CERTIFIED MAIL NO. FSN: 71969009843000529664 Brad L. Schroeder PO Box 1242 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000526779 CERTIFIED MAIL NO. FSN: 71969009843000529671 Melinda M. Schroeder 564 Adams St Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000526786 CERTIFIED MAIL N0. FSN: 71969009843000529688 Melinda M. Schroeder 1821 W. Devanny Ln Port Angeles, WA 98363 -8488* CERTIFIED MAIL NO. NOI: 71969009843000526793 CERTIFIED MAIL NO. FSN: 71969009843000529695 Melinda M. Schroeder PO Box 1242 Afton, WY 83110* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 23, 2012 and the date of the first publication of the notice of foreclosure sale was June 7, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski,( LC. Lo�°tt N!,yeAlmtre3oola eF fk3£d F' NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19, 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. �By: Patricia An Michitsc Castle StawiarLLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature officer) Title (and R'nk) Certificate of Sale Schroeder 12 -05837 Page 5 of 7 00'795 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming u @"Boo 1 61 e`I!l,4 RTTBT f,1 une 1` 21. 8.281 (12 -05837 EXHIBIT B PUBLISHER'S AFFIDAVIT 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 day of �n t tLP 20 12 and the last publication being on the 2� day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Ju Michael Jensen blisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF LINCOLN ero Subscribed in my presence and sworn to before me on this S day of A.D., 20 tZ I Jensen, Publis er Notary Signat KEMMERER, WYOMING 20 I STATE OF WYOMING )ss. COUNTY OF LINCOLN STATE OF WYOMING MY COMMISSION EXPIRES 5/5/16 Certificate of Sale Schroeder 12 -05837 Page 6 of 7 00798 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona O At2Y PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex ices Jan 19 2015 twaicafa2�tel�'�'' COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY My commission expires: i 7 9 CJ )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 $2,189.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 650.00 Title Commitment 735.00 Statutory Notice Fee 92.00 PUB COST FSN 6 -7 -12 569.40 FTPDD 25.00 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 Sheriffs Fee Deed 10.00 Total $2,189.40 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 NT SAYETH NAUGHT. /7 By(Patricia Ann9'Michitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R This instrument was acknowledged before me on __day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LC. (Signature of notarial officer) Certificate of Sale Schroeder 12 -05837 Page 7 of 7 007 07