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HomeMy WebLinkAbout966487STATE 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 March 23, 2006, executed and delivered by Daniel A. Recla and Mary R. Recla to First National Bank of Pinedale and (b) that certain mortgage dated March 23, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 3, 2006, at Reception No. 918034 in Book 618PR at Page 694 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, Wells Fargo Bank, N.A. successor in interest to First State Bank of Pinedale, formerly known as First National Bank of Pinedale "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 August 2, 2012 issue of said newspaper and ending with the August 23, 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 28, 2012 at 10:00 o'clock in the COSPkg CERTIFICATE OF SALE SS with an address of 421 South Pine Street, Labarge, WY 83123 RECEIVED 8/28/2012 at 10:16 AM RECEIVING 966487 BOOK: 792 PAGE: 573 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY LOT 17 AND 18 OF BLOCK 28 OF FIRST ADDITION TO THE TOWN OF LABARGE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. Together with all improvements thereon situate and all fixtures and appurtenances thereto. 00573 Certificate of Sale Recta 10- 20804R Page 1 of 7 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 $57,660.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. successor in interest to First State Bank of Pinedale, formerly known as First National Bank of Pinedale "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 $5,686.28 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 28, 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 28th day of August 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Cliff Title: Deputy Sheriff Certificate of Sale Recla 10- 20804R Page 2 of 7 010574 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ME PAINTER I PU3UC ?,PTE OF C(U 1Y OF uNco I y Commission 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 28th day of August 2012. Witness my hand and official sea�< 0057 Certificate of Sale Recta 10- 20804R 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: 0 0 7 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 March 23, 2006 (the "Mortgage and recorded on May 3, 2006, at Reception No. 918034 in Book 618PR at Page 694 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 Daniel A. Recla and Mary R. Recta "Mortgagor(s) the named mortgagor(s), and First National Bank of Pinedale is the named mortgagee; 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:NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN2:NOT SENT PER CLIENT REQUEST Wells Fargo Bank, N.A. successor in interest to First State Bank of Pinedale, formerly known as First National Bank of Pinedale 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000539359 CERTIFIED MAIL NO. FSN: 71969009843000543257 CERTIFIED MAIL NO. FSN2: 71969009843000563385 CURRENT RESIDENT 421 South Pine Street Labarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000539366 CERTIFIED MAIL NO. FSN: 71969009843000543264 CERTIFIED MAIL NO. FSN2: 71969009843000563392 Daniel A Recla 421 South Pine Street Labarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000539373 CERTIFIED MAIL NO. FSN: 71969009843000543271 CERTIFIED MAIL NO. FSN2: 71969009843000563408 Daniel A Recla PO Box 11 LaBarge, WY 83123 -0011* CERTIFIED MAIL NO. NOI: 71969009843000539380 CERTIFIED MAIL NO. FSN: 71969009843000543288 CERTIFIED MAIL NO. FSN2: 71969009843000563415 Daniel A Recla PO Box 254 LaBarge, WY 83123* COSPkg Certificate of Sale Recla 10- 20804R Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000539397 CERTIFIED MAIL NO. FSN: 71969009843000543295 CERTIFIED MAIL NO. FSN2: 71969009843000563422 Mary R Recla 421 South Pine Street Labarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000539403 CERTIFIED MAIL NO. FSN: 71969009843000543301 CERTIFIED MAIL NO. FSN2: 71969009843000563439 Mary R Recla PO Box 11 LaBarge, WY 83123 -0011* CERTIFIED MAIL NO. NOI: 71969009843000539410 CERTIFIED MAIL NO. FSN: 71969009843000543318 CERTIFIED MAIL NO. FSN2: 71969009843000563446 Mary R Recla PO Box 254 LaBarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000539427 CERTIFIED MAIL N0. FSN: 71969009843000543325 CERTIFIED MAIL NO. FSN2: 71969009843000563453 Collection Professionals, Inc PO Box 1340 Cody, WY 82414* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 12, 2012 and the date of the first publication of the notice of foreclosure sale was June 28, 2012. Republishing began again on August 2, 2012. State of Wyoming County of Natrona l ti NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 FURTHER AFFIANT SAYETH NAUGHT. My commission expires: COSPkg Patricia ne Michit astle Staw rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL (Signature of notarial officer) Title (and Rrhk) 005'7' Certificate of Sale Recla 10- 20804R Page 5of7 PTJBI ISI-1: AURUst' IRE Wells Fargo, Band Ynedale, formerly, kn ages;, will'havetthe�I t ee ortgegpd props ifftn,and for, 10:00;,ot'dlo >rst'National oreclosedas old at public Coty W y z on enoon on on ionse iocated,al appl` cation, ©n sand mortgaged tI 4 14' tour:! ance': of P 925' KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ,S` 23 Vo rIsy PUBLISHER'S AFFIDAVIT eason 'ago ured e. ef'9re estto of Taw. venue EXHIBIT B to tee 2, 15379 0802 ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Michael Jen Chi Publisher J !1 risen, Publi 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 Z, day of 20 1,2 and the last pub ation being on the Z3 day of 20 IZ and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this day of A.D., 20 L2 by "Michae Notary Sig A L KEMMERER, WYOMING h re STATE OF WYOMING )ss. COUNTY OF LINCOLN 00578 Recla 10- 20804R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.iies Jan 19 2015 My commission expires: %�J /1 COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 6 -28 -12 Postponement Fee PUB COST FSN2 8 -2 -12 FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Previous Invoice 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 $5,686.28 as compensation for services actually rendered in the foreclosure proceeding. 600.00 489.00 138.00 408.80 150.00 394.20 25.00 50.00 26.00 11.00 10.00 10.00 3,374.28 Total $5,686.28 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 SAYET NAUGHT. Patricia Ann ichitsch Castle Stawiars LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of at 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL (Signature oi notarial officer) Title (and Rnk) 00579 Certificate of Sale Recla 10- 20804R Page 7 of 7