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HomeMy WebLinkAbout966619STATE 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 May 13, 2008, executed and delivered by Jack T. Kendall to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage dated May 13, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 15, 2008, at Reception No. 939025 in Book 694 at Page 652 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 104 OF NORDIC RANCHES SUBDIVISION NO. 7, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 8, 1996 AS INSTRUMENT NO. 819464 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 1132 Saddle Drive, Etna, WY 83118 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 Assignment dated: September 16, 2010 Assignment recorded: September 22, 2010 Assignment recording information: at Reception No. 955647 in Book 754 at Page 157 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: May 25, 2012 Assignment recorded: June 8, 2012 Assignment recording information: at Reception No. 964985 in Book 787 at Page 495 00223 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, 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 RECEIVED 9/4/2012 at 2:30 PM RECEIVING 966619 BOOK: 793 PAGE: 223 JEANNE WAGNER Certificate of Sale Kendall aka Jack Kendall 12 -08958 Page 1 of 7 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 9, 2012 issue of said newspaper and ending with the August 30, 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 September 4, 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 $279,892.75 "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 $2,251.60 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 September 4, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg 0022 Certificate of Sale Kendall aka Jack Kendall 12 -08958 Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 4th day of Septemhe.r 2012. STATE OF WYOMING COUNTY OF LINCOLN 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 4th day of September 2012. My Commission Expires: COSPkg Witness my hand and official seal. f� Wzg tarptoic ANIN OF STATE Of SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Mitchelle A. Hale Title: Deputy Sheriff ACKNOWLEDGMENT 0J02r) C� Certificate of Sale Kendall aka Jack Kendall 12 -08958 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 May 13, 2008 (the "Mortgage and recorded on May 15, 2008, at Reception No. 939025 in Book 694 at Page 652 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 Jack T. Kendall "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP Assignment dated: September 16, 2010 Assignment recorded: September 22, 2010 Assignment recording information: at Reception No. 955647 in Book 754 at Page 157 Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: May 25, 2012 Assignment recorded: June 8, 2012 Assignment recording information: at Reception No. 964985 in Book 787 at Page 495 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:70 1 1 29700003 93 548430 CERTIFIED MAIL NO. FSN:70101870000102334243 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* COSPkg Certificate of Sale Kendall aka Jack Kendall 12 -08958 Page 4 of 7 0022S CERTIFIED MAIL NO. NOI: 71969009843000565907 CERTIFIED MAIL NO. FSN: 71969009843000568274 CURRENT RESIDENT 1132 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000565914 CERTIFIED MAIL NO. FSN: 71969009843000568281 Jack T. Kendall aka Jack Kendall 1132 Saddle Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000565921 CERTIFIED MAIL NO. FSN: 71969009843000568298 Jack T. Kendall aka Jack Kendall PO Box 3667 Etna, WY 83128 -0667* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 26, 2012 and the date of the first publication of the notice of foreclosure sale was August 9, 2012. State of Wyoming County of Natrona COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of (2.t., 4 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLCO NOTARY PUBLIC NANCY KEENER STATE COUNTY NA A Commission Ex.ires Jan 19 2015 My commission expires: 1—/ 9 r f y: Patricia ne Mic its Castle Staw'. rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of Notarial officer) Title (and Rak) 00227 Certificate of Sale Kendall aka Jack Kendall 12 -08958 Page 5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B PUBLISHER'S AFFIDAVIT the first publication being on the and the last publication being day of day of sen, Publish 1' otary Signatu 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; 20 1? on the _ELL A l 20_1; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen Publisher Subscribed in my presence and sworn to before me on this 30 day of 4 .1,1 A.D., 2 Kendall aka Jack Kendall 12 -08958 Page 6 of 7 00228 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 0022,9 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 $2,251.60 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) 600.00 Title Commitment 937.00 Statutory Notice Fee 46.00 PUB COST FSN 8 -9 -12 525.60 FTPDD 25.00 Conduct Sale Fee 50.00 Record Cert. of Sale 26.00 Record Assign of Cert. of Sale 11.00 Record Sheriff's Deed 11.00 Sheriff's Fee Sale 10.00 Sheriffs Fee Deed 10.00 Total $2,251.60 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 H N A UGHT. State of Wyoming County of Natrona NOTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 My commission expires: y: Patricia ne Michitsch Castle Sta 'arski, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of notarial officer) Title (and R R) This instrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLg. Certificate of Sale Kendall aka Jack Kendall 12 -08958 Page 7 of 7