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HomeMy WebLinkAbout966620STATE 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 June 26, 2007, executed and delivered by Gerre L. McClintick and Karen E. McClintick to Mortgage Electronic Registration Systems, Inc., as nominee for Quiken Loans Inc. its successors and assigns and (b) that certain mortgage dated June 26, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 11, 2007, at Reception No. 931189 in Book 665 at Page 388 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 107 OF NORDIC RANCHES DIVISION NO. 8, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 226 Roan Way, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: M &T Bank Assignment dated: July 6, 2012 Assignment recorded: July 20, 2012 Assignment recording information: at Reception No. 965643 in Book 789 at Page 804 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, M &T Bank "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 9, 2012 issue of said COSPkg RECEIVED 9/4/2012 at 2:34 PM RECEIVING 966620 BOOK: 793 PAGE: 230 JEANNE WAGNER LINCOLN COUNTY C` KEMMERER, WY Certificate of Sale McClintick 12 -08700 Page 1 of 7 00230 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 $185,000.00 "Bid Sum which was bid and offered by M &T Bank "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 $2,486.00 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 4th day of September 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By Print Name: Mitchell A.Hale Title: Deputy Sheriff Certificate of Sale McClintick 12 -08700 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: CaKTYO LINCOLN t*y Cannission awn:,, COSPkg 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 4th day of September 2012. Witness my hand and official seal. Certificate of Sale McClintick 12 -08700 Page 3 of 7 00232 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 June 26, 2007 (the "Mortgage and recorded on July 11, 2007, at Reception No. 931189 in Book 665 at Page 388 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 Gerre L. McClintick and Karen E. McClintick "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quiken Loans Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: M &T Bank Assignment dated: July 6, 2012 Assignment recorded: July 20, 2012 Assignment recording information: at Reception No. 965643 in Book 789 at Page 804 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: 71969009843000564467 CERTIFIED MAIL NO. FSN: 71969009843000568397 M &T Bank 4425 Ponce De Leon Blvd, 5th floor Coral Gables, FL 33146* CERTIFIED MAIL NO. NOI: 71969009843000564474 CERTIFIED MAIL NO. FSN: 71969009843000568403 CURRENT RESIDENT 226 Roan Way Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000564498 CERTIFIED MAIL NO. FSN: 71969009843000568410 Gerre L. McClintick 226 Roan Way Etna, WY 83118* COSPkg EXHIBIT A SS 00237 Certificate of Sale McClintick 12 -08700 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000564504 CERTIFIED MAIL NO. FSN: 71969009843000568427 Gene L. McClintick P.O. Box 3323 Alpine, WY 83128 -0323* CERTIFIED MAIL NO. NOI: 71969009843000564528 CERTIFIED MAIL NO. FSN: 71969009843000568434 Karen E. McClintick 226 Roan Way Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000564559 CERTIFIED MAIL NO. FSN: 71969009843000568441 Karen E. McClintick P.O. Box 3323 Alpine, WY 83128 -0323* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 25, 2012 and the date of the first publication of the notice of foreclosure sale was August 9, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on 9 day of 4- 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC My commission expires: 1- 19 /s COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOfi AVfa gLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 y: Patricia ne Mic sch Castle Staw'. rski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 a,e) (Signature of notarial officer) Title (and RRn 00234 Certificate of Sale McClintick 12 -08700 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 10Y Rho lln' iSOY lnr l'e��l�€ Yo1�i4gdn�"a7Nl r ��elm',4Y. I'ti1� idnSi 7u DIVt 1l(0 (o) 111 0 1! fd)110llilil( 4 01in� 1uV `:7�il�l, h�? {���i; �O�I ,'(o�;j "iitAwh�4b,4Int °nnw�? 0 ■1107 )i'\?, ipI) :1111 1ru ,f•'a "pl 102,r 'inn 1 1, �vorr�y EXHIBIT B PUBLISHER'S AFFIDAVIT ROSEMARY CAPELLEN COUNTY OF UNCOLN ARY PUBLIC BTATE OF WYOMING MY COMMISSION EXPIRES 5/5/18 Michael Jensen m fisher 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 public tion being on the q day of KEMMERER, WYOMING and the last publica ion being on the STATE OF WYOMING )ss. COUNTY OF LINCOLN ,20 3 day of �liCt i;liV 20 12. 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 30 day of 6 1 6 _j 1 A.D., 20 12 Jensen, Publi h 0. 1Mh J 0 t Notary Sign ertmcate or owe McClintick 12 -08700 Page 6 of 7 00235 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 $2,486.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Recorded AOM PUB COST FSN 8 -9 -12 Conduct Sale Fee Record Cert of Sale Record Assign of Cert of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed FTP Update Total 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 AFF "T SAYET I UGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 9 day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LL OTARY PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19 2015 My commission expires: /1 9 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Patricia An ichits Castle Stawia i LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 700.00 1,128.00 69.00 8.00 438.00 50.00 26.00 11.00 11.00 10.00 10.00 25.00 $2,486.00 a 4 sza -�n� (Signature of/notarial officer) Title Rik) Certificate of Sale McClintick 12 -08700 Page 7 of 7 9023('