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HomeMy WebLinkAbout966161STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 August 9, 2007, executed and delivered by Lamar S. Perry and Christie M. Perry to Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation its successors and assigns and (b) that certain mortgage dated August 9, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 16, 2007, at Reception No. 932188 in Book 669 at Page 18 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: LOT 5 OF CYNOVA ACRES THIRD FILING, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 101 -F FILED JANUARY 8, 2004 AS INSTRUMENT NO. 896490 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 421 Griffey Lane, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1st, 2008 Equifirst Loan Securitization Trust 2008 -1 Assignment dated: December 9, 2011 Assignment recorded: December 27, 2011 Assignment recording information: at Reception No. 962485 in Book 778 at Page 366 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, Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1st, 2008 Equifirst Loan Securitization Trust 2008 -1 "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. Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page 1 of 7 00503 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 July 19, 2012 issue of said newspaper and ending with the August 9, 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 August 14, 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 $464,430.22 "Bid Sum which was bid and offered by Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1st, 2008 Equifirst Loan Securitization Trust 2008 -1 "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 $3,659.30 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 August 14, 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 14th day of August 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 774 7-11 Print Name: Mitchell A. Hale Title: Deputy Sheriff uu50� Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by Mitchell A. Hale Deputy Sheriff of Lincoln County, State of Wyoming, this 14th day of August 2012. My Commission Expires: COSPkg Witness my hand and official seal. Notary Public SAVANNA L KRPLL NOTARY PUBLIC COUNTY OF t'%- STATE OF LINCOLN C WYOMI My Commission E pifor Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page3of7 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 9, 2007 (the "Mortgage and recorded on August 16, 2007, at Reception No. 932188 in Book 669 at Page 18 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 Lamar S. Perry and Christie M. Perry "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1st, 2008 Equifirst Loan Securitization Trust 2008 -1 Assignment dated: December 9, 2011 Assignment recorded: December 27, 2011 Assignment recording information: at Reception No. 962485 in Book 778 at Page 366 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:70112970000393547778 CERTIFIED MAIL NO. FSN:70101870000102334311 Deutsche Bank National Trust Company, as Trustee under Pooling and Servicing Agreement dated as of January 1st, 2008 Equifirst Loan Securitization Trust 2008 -1 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409* CERTIFIED MAIL NO. NOI: 71969009843000552686 CERTIFIED MAIL NO. FSN: 71969009843000555601 CURRENT RESIDENT 421 Griffey Lane Afton, WY 83110* COSPkg 00506 Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000552693 CERTIFIED MAIL NO. FSN: 71969009843000555618 Lamar S. Perry aka Shane Perry 421 Griffey Lane Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000552709 CERTIFIED MAIL NO. FSN: 71969009843000555625 Lamar S. Perry aka Shane Perry PO Bo 1630 Afton, WY 83110 -1630* CERTIFIED MAIL NO. NOI: 71969009843000552716 CERTIFIED MAIL NO. FSN: 71969009843000555632 Christie M. Perry 421 Griffey Lane Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000552723 CERTIFIED MAIL NO. FSN: 71969009843000555649 Christie M. Perry PO Box 1630 Afton, WY 83110 -1630* CERTIFIED MAIL NO. NOI: 71969009843000552730 CERTIFIED MAIL NO. FSN: 71969009843000555656 Jennifer L. Thomas Rodberg PO Box 1505 Afton, WY 83110* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 3, 2012 and the date of the first publication of the notice of foreclosure sale was July 19, 2012. State of Wyoming County of Natrona ID day of Castle Stawiarski, LL COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of (Sig .a re of notarial officer) i O-1,ru abIb G NOTARY PuBLIc CRYSTAL L ll� 3 =sip a `y STATE OF WYOMING r: COUNTY OF NATRQ41A Commission Ex nin i 19 2011 Title (and Ra My commission expires: I.4q45 Patricia Anne ichitsch Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page 5 of 7 00507 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming f0RRECLOSU WHEREAS, default in the paym cuffed under the terms of a promissor; gage "Mortgage The Mortgage da and delivered by Lamar S. Perry and, to Mortgage Electronic Registration S First Corporation itssuccesssors and as$ the same date, and said Mortgagewa Reception No. 932188 in Bonk 669 at. of the County Clerk and ex officio Register o County; State of Wyoming and WHEREAS, the mortgage was assigned Assignee: Deutsche Bank Nationap Pooling and Servicing Agreement 'datpd as;o Loan Securitization Trust 2408 -1 Assignment dated: December9,,2 Assignmentocorded: December Assignment recording information �a 778„ at Page 366 All in the records of the County in and for Lincoln County, Wyomin g c WHEREAS, the Mortgage contain of said default, the Mortgagee declar suit or proceeding has been institute by the Mortgage, or any partthereof, been instituted and the same di'seen WHEREAS, Written notice of in advertisement and sale has ,beensery party'inpossession "of the mortgaged] to the commencement of this public Mortgage on the date of first public total'sum of $462,476.45 which sum ance of $403,079.15 plus interest ace of this, notice in the amount =of $44;22 of $15,169.90; plus attorneys' fees, cc and late charges after the date of ',first 'WHEREAS, The property being liens and encumbrances that wi Any prospective purchaser should submitting a bid; NOW, THEREFORE Deutsche Trustee under Pooling and Servicing 2008 Equifirst Loan Securitization have the Mortgage foreclosed as;byRla' property to be sold at public venue and for Lincoln County, Wyoming to o clock in the forenoon on August County Courthouse located at 925 Sag r nty,,for application on the `above o tg ge mortgaged .property LOT 5 OF CYNOVA ACRES Tf WYOMING AS DESCRIBED ON FILED JANUARY 8, 2004'AS INS RECORDS OF' THE LINCOIN'CO with an address of 421 Griffeyd, Together with all improvements appurtenances thereto. Deutsche Bank National Tryst and Servicing Agreement dated as :ece t on No A 96 2485 in Book fficro, egister'of,Deeds d er of sale which by reason' ave becor e operative,.ant, no xq tt��F�recover! the debt secured as any such suit or proceeding r ualue as follows: ompany as Trusteeunder anuary,, lst, 2008, Equifirst d�r;asg#e he orb u Sheriff in ghest bidder for ,cash at 10 00 at lie fro td r of e L' incoln secured the ainterest has oc- Heal ;:estate e,by prior h tire:' PUBLISH: July 19, 26, >August< +9 he nnp`a ct n1icXpat=xo late "oft'he firstPublication oth costs theamount 'acc ruing interest s`notice of`sale n. may jbe sublecta`to Led', at the "sale. ef ore sr, Trustee under �stPgALghoan ng try 2008,•Egnifrf Securitization Trust'2008 -1 By:.Castle k Stawi rskr ;LLC OS Walsh Drive Ste 202 r uspet 824090000 4 x)3} or qui- e'Iyote, of 6.2007; at e, office o'r"Lincoln EXHIBIT B PUBLISHER'S AFFIDAVIT Michael Jen Notary Sign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPE N NOTARY PUBUC COUNTY C# t STATE OF UNCOUI WYOMING MY COMMISSION EXPIRES 515/18 Jensen, Publis re en, 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 9 day of 1�,k, 20 12 and the last publication being on the C i 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 q day of att. L Lji- A.D., 20 17 Lamar S. Perry aka Shane Perry 10- 25337R Page 6 of 7 00508 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMJ COUNTY OF NATR Corm,nxsion Expires Jan 19 2019 wsi�- .rt+�r- a•.s.r+n':K':; i COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee PUB COST FSN 7 -19 -12 Record Cert of Sale Record Assign of Cert of Sale Record Sheriffs Deed Conduct Sale fee Sheriffs Fee Sale Sheriffs Fee Deed FTPDD x2 Prior Invoice EXHIBIT C AFFIDAVIT OF ATTORNEY (Sign 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 $3,659.30 as compensation for services actually rendered in the foreclosure proceeding. 900.00 80.50 481.80 26.00 11.00 11.00 50.00 10.00 10.00 150.00 1,929.00 Total $3,659.30 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 AFFIAI�'I`SAY NAUGHT.,, By. Patricia Anne ichitsch Castle Stawiars LLC 330 So. Wals Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This ins rument was acknowledged before me on day of Ls 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL C Title (and Ran My commission expires: ��lq -i� Certificate of Sale Lamar S. Perry aka Shane Perry 10- 25337R Page 7 of 7 00509