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HomeMy WebLinkAbout966488STATE 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 16, 2010, executed and delivered by Celeste Longoria to Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company and (b) that certain mortgage dated December 16, 2010 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 22, 2010, at Reception No. 957282 in Book 759 at Page 169 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 A PARCEL OF PROPERTY BEING PARALLEL TO THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 26 NORTH RANGE 112 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING AND BEING PARALLEL TO THE NORTHERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6, MARKED BY A 3.5 INCH BRASS CAP STAMPED T26N R112W, SS, 1/16, S6, RLS 164, WITH THE ORIGINAL STONE ALONG SIDE; THENCE SOUTH 88 °56'06" EAST, ALONG THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, 165.75 FEET TO A POINT; THENCE SOUTH 01 °03'59" WEST, ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,351.59 FEET TO A POINT; THENCE NORTH 88 °56'06" WEST, ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, 165.75 FEET TO A POINT, SAID POINT BEING ON THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 01 °03'59" EAST, ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6,351.59 FEET TO A POINT, BEING THE POINT OF BEGINNING. with an address of 1029 West Messer Drive, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 8/28/2012 at 10:20 AM RECEIVING 966488 BOOK: 792 PAGE: 580 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Longoria 12 -08784 Page 1 of 7 00580 The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 9, 2012 Assignment recorded: May 11, 2012 Assignment recording information: at Reception No. 964505 in Book 786 at Page 1 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, Wells Fargo Bank, N.A. "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 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 $188,549.04 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,216.40 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. COSPkg Certificate of Sale Longoria 12 -08784 Page 2 of 7 00581 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. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Witness my hand and official seal. UV1ING M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming SS -it 4e f f Boyd By: Print Name: Title: Deputy Sheriff ACKNOWLEDGMENT 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. 005 9 Certificate of Sale Longoria 12 -08784 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000558862 CERTIFIED MAIL NO. FSN: 71969009843000564320 CURRENT RESIDENT 1029 West Messer Drive La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000558879 CERTIFIED MAIL NO. FSN: 71969009843000564337 Celeste Maya Longoria 1029 West Messer Drive La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000558886 CERTIFIED MAIL NO. FSN: 71969009843000564344 Celeste Maya Longoiia PO Box 129 Big Piney, WY 83113 -0129* COSPkg EXHIBIT A 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 December 16, 2010 (the "Mortgage and recorded on December 22, 2010, at Reception No. 957282 in Book 759 at Page 169 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 Celeste Longoria "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Primelending, a Plainscapital Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: May 9, 2012 Assignment recorded: May 11, 2012 Assignment recording information: at Reception No. 964505 in Book 786 at Page 1 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:NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN:NOT SENT PER CLIENT REQUEST Wells Fargo Baiik, N.A. 3476 Stateview Blvd Foit Mill, SC 29715* Certificate of Sale Longoria 12 -08784 Page 4 of 7 00583 CERTIFIED MAIL NO. NOI: 71969009843000558893 CERTIFIED MAIL NO. FSN: 71969009843000564351 Celeste Maya Longoria PO Box 216 La Barge, WY 83123* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 16, 2012 and the date of the first publication of the notice of foreclosure sale was August 2, 2012. State of Wyoming County of Natrona NOTARY PUBLIC 7'• NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA M Commission Ex.ires Jan 19 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. �y: Iatricia A tle Mishit i Castle Stawi ski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and Ral) This instrument was acknowledged before me on 3 day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLO. Certificate of Sale Longoria 12 -08784 Page 5 of 7 0058 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 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 Z day of 20 on being on the ?3 day of l_ &7e'(�{} ,20 (7. and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) and the last public Michae sen, Publisher ROSEMARY GAPELLEN NOTARY PUBLIC COUNTY OF i'' STATE OF L. +JCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 23 day of Jensen, Pub ish Notary Sign KEMMERER, WYOMING A.D STATE OF WYOMING )ss. COUNTY OF LINCOLN (2 Certificate of Sale Longoria 12 -08784 Page 6 of 7 005V STATE OF WYOMING COUNTY OF NATRONA 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 $2,216.40 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 8 -2 -12 FTP Update Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,216.40 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 AFFIA iTH NAUGHT. y: Patricia A pie Michitscf'i Castle Stawi fski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on (2 3 day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex. ires Jan 19 2015 My commission expires: 9 /J COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS 650.00 735.00 46.00 642.40 25.00 50.00 26.00 11.00 11.00 10.00 10.00 (Signatur�tarial officer) /Y1�4 Title (and 0058 Certificate of Sale Longoria 12 -08784 Page 7 of 7