HomeMy WebLinkAbout966725STATE 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 October 15, 2010, executed and delivered by Ron
D. Merritt and Gail H. Merritt to Wells Fargo Bank, N.A. and (b) that certain
mortgage dated October 15, 2010 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on November 9, 2010, at Reception No. 956590 in Book 756
at Page 827 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:
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THAT PART OF LOT 3 OF BLOCK 16 OF THE AUBURN
TOWNSITE, LINCOLN COUNTY, WYOMING SAID LOT OF
RECORD IN THE OFFICE OF THE CLERK OF LINCOLN
COUNTY IN BOOK 23 OF DEEDS ON PAGE 462, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 3, N
00 DEGREES 34' E. 306.01 FEET FROM THE NORTHWEST
CORNER OF BLOCK 17 (INCORRECTLY SHOWN AS BLOCK 14)
OF SAID TOWNSITE, SAID CORNER MARKED BY A P -K NAIL IN
A FENCE POST;
THENCE N 00 DEGREES 34' E. 127.20 FEET ALONG SAID
WEST LINE COMMON TO FENCE LINE TO AN INTERSECTION
WITH AN EXISTING EAST -WEST FENCE MARKED BY A P -K
NAIL IN A FENCE POST;
THENCE N 89 DEGREES 24' E. 342.44 FEET ALONG THE SAID
EAST -WEST FENCE LINE COMMON TO THE NORTH LINE OF
SAID LOT 3 TO AN INTERSECTION WITH AN EXISTING
NORTH -SOUTH FENCE LINE MARKED BY A P -K NAIL IN A
FENCE POST;
THENCE S 00 DEGREES 34' W. 127.20 FEET PARALLEL TO
THE SAID WEST LINE AND ALONG SAID NORTH -SOUTH
FENCE TO A POINT AND LEAVE SAID FENCE LINE;
THENCE S 89 DEGREES 24' W. 342.44 FEET PARALLEL TO
SAID NORTH LINE TO THE POINT OF BEGINNING.
with an address of 346 S 1st West St, Auburn, WY 83111
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 9/11/2012 at 10:15 AM
RECEIVING 966725
BOOK: 793 PAGE: 651
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Certificate of Sale
Merritt 12 -09300
Page 1 of 7
0065111
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 16, 2012 issue of said
newspaper and ending with the September 6, 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.
00652
6. That on the date, and at the time and place specified in said
notice of foreclosure sale, to -wit: On September 11, 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
$75,000.00 "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 $2,037.10 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 11, 2012, the date of the
sale, unless the property shall have been redeemed as provided by law prior to
that time.
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Certificate of Sale
Merritt 12 -09300
Page 2 of 7
STATE OF WYOMING
COUNTY OF LINCOLN
DATED at Kemmerer, Lincoln County, State of Wyoming, this 11th
day of September 2012.
The foregoing instrument was subscribed in my presence and
acknowledged before me by Michell A. Hale
Deputy Sheriff of Lincoln County, State of Wyoming, this 11th day of
September 2012.
My Commission Expires:
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ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Al
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By: 7 /.1.7a/
Print Name: Mitchell A. Hale
Title: Deputy Sheriff
Nota
Public
A
C®UNTY OF
LINCOLN `I
IN Commission Expl
RALL NOTARY PUBLIC
STATE OF
WYOMING
00653
Certificate of Sale
Merritt 12 -09300
Page 3 of 7
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 October 15, 2010 (the "Mortgage and
recorded on November 9, 2010, at Reception No. 956590 in Book 756 at Page
827 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 Ron D. Merritt and
Gail H. Merritt "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank,
N.A. 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
CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT
Wells Fargo Bank, N.A.
3476 Stateview Blvd
Fort Mill, SC 29715*
CERTIFIED MAIL NO. NOI: 71969009843000571410
CERTIFIED MAIL NO. FSN: 71969009843000573261
CURRENT RESIDENT
346 S 1st West St
Auburn, WY 83111*
CERTIFIED MAIL NO. NOI: 71969009843000571441
CERTIFIED MAIL NO. FSN: 71969009843000573278
Ron D Merritt
346 S 1st West St
Auburn, WY 83111*
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Ron D Merritt
PO Box 411
La Barge, WY 83123 -0
CERTIFIED MAIL NO.
CERTIFIED MAIL NO.
Ron D Menitt
PO Box 11
Auburn, WY 83111*
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N01: 71969009843000571458
FSN: 71969009843000573285
411*
NOI: 71969009843000571465
FSN: 71969009843000573292
EXHIBIT A
SS
Certificate of Sale
Merritt 12 -09300
Page 4 of 7
0065
CERTIFIED MAIL NO. NOI: 71969009843000571472
CERTIFIED MAIL NO. FSN: 71969009843000573308
Gail H Merritt
346 S 1st West St
Auburn, WY 83111*
CERTIFIED MAIL NO. NOI: 71969009843000571489
CERTIFIED MAIL NO. FSN: 71969009843000573315
Gail H Merritt
PO Box 411
La Barge, WY 83123 -0411*
CERTIFIED MAIL NO. NOI: 71969009843000571496
CERTIFIED MAIL NO. FSN: 71969009843000573322
Gail H Merritt
PO Box 11
Auburn, WY 83111*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 3, 2012 and the date of the first publication of the
notice of foreclosure sale was August 16, 2012.
State of Wyoming
County of Natrona
ikitYtAiiY HUt LIC
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
My Commission Ex,. ims Jan 19 2015
s:znr;
FURTHER AFFIANT SAYETH NAUGHT.
This instrument was acknowledged before me on
6 day of S l-0-7 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
My commission expires:
/19
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y: atricia A e Michits
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signatur�otarial officer)
Title (and Ra
0065
Certificate of Sale
Merritt 12 -09300
Page 5 of 7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
FORECLOSURE SALE NOTICE
WHEREAS, default in the payment of principal and interest has oc-
icurred under the terms of a promissory note "Note ")and real estate mort-
gage "Mortgage The Mortgage dated October 15, 2010, was executed
and delivered by Ron D. Merritt and Gail H. Merritt "Mortgagor(s) to
Wells Fargo Bank, N.A., as security for the Note of the same date, and
said Mortgage was recorded on November 9, 2010, at Reception No.
956590 in Book 756 at Page '827 in the records of the office of the County
Clerk ex officio,Regi Deeds in 'and for Lincoln County„State
of yom
ing ,:and
�REAS, the, Mortgage,
contains a power of sale which by reason
of said default the Mortgagee declares to have become operative, and no
suitor ft deed jngb a Xteen instituted at law to oyez
tlle� o re e r debt secured
by
rtgage, bf an part thereof, nor has any such suit or proceeding
been instituted and the same discontinued; ands
Wi.EREAS, n otice of..i.ntent uto foreclose .the Mortgage by
.advertisement and sale7has been,, served upon the record owner and the
party in possession of the mortgaged premises at' least ten (10) days prior
to the commencement ofrthi ublication da e
s p ari th ana„ountrdue upon the
,M ga e >o the ate of first publication n f o f notice of sale bein the
totalwsum $1.19,1:06 8 Which sum' cosists th ci
tli►� Nnp�d FH`dcipal
;balance of interest a crue4, to the date of the "first pub-
lication of,this notice in the= amount';; of $2,150.75;plus other costs,
amount of $119.21, less an escrow balance of $491.04, plus attorneys'
fees costs expended, and accruing interest and late charges after th e date
of first ublicatttln g„44§,119,04/,.0.,01e; F M
REAS �Thexproperty beig ?foreclosed upon may be subject to
other liens and encumbrances that .7,411 not be extinguished; at the sale.
Any °prospective purchaser should research the status of title.:before
submitting a bid;
NOW THEREFORE Wells Fargo Bank, N.A., as the,Mortgagee, will
have the M ortgage foreclosed as by law provided by causing y g uty She gaged
an property t h e sold, public venue. bye a��'henf�
or�l�e�ut}���hemi
e E oln County, Wy,pming est for
o'clock forenoon on September
Lincoln 'County Courthouse located a
WY, Lincoln County, for application
secured by the'°Mortgage, said mortga
follows, to -wit:
THAT PART OF LOT 3 OF'BLOCK 16 OF THE AUBURN TOWN
SITE, LINCOLN COUNTY, WYOMING SAID LOT OF RECORD IN
THE QFFICE Off'' THE CLERK OF LINCOI COUNTY IN BOOK 23
OF SDEEb ,O F1�r 464 DESCRIBEDYA ¢FOLLOW °l
�'�GINNING AT A POINT ON THE WES'I'L1NEOP SAID LOT
RrC 2d�
a' A l A
F i'..;
w I �.A,
STING EAS p WI S N
AFE tby 1 s ,�r«,
'61n( �N
DEGRPE.S nab F 342 '244 scam T
SOUtH FENCELINE MARKED B Y A P'-IC N INA FENCE POST;
THENCE S 00 DEGREES 34' W 127.20 FEET PARALLEL TO THE
SAID WEST LINE ANI) ALONG SAID NORTII=SOU.TH FENCE TO
In
00
the
fifer,
ums
e`, as
Wells Fargo Bank, N.A.
By: Castle Stawiarski, LLC
330 S. Walsh Drive,, Ste. 202
Casper, WY 82609 -0000
(307) 333 5'379
3 BLISH: August 16, 23, 30, Sept 6, 2012,02-09300) OE,ij
GC7
PUBLISHER'S AFFIDAVIT
EXHIBIT B
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
the first publ' tion being on the 1
day of 1.�.,,: 20 (Z
and the last blica an being on the
day of i a r �j4 �'i )20 I
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 m
consecutive issues /weeks;
on this LP day of
N.tary Signat r
KEMMERER, WYOMING
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
0
�+Cruii.,ut uu JcQT
Merritt 12 -09300
Page 6 of 7
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 8 -16 -12
FTP Update
Conduct Sale
Record Cert of Sale
Record Assn of Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
State of Wyoming
County of Natrona
day of So
Castle Stawiarski,
LC.
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Cornmissiool Ex irPS Jan 19 2015
My commission expires:
gig if
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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 $2,037.10 as compensation for services
actually rendered in the foreclosure proceeding.
Total $2,037.10
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 SAYE I NAUGHT.
Patricia Anp Michits
Castle ki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument
2012 was by Patricia Anne acknowledged Michitsch before me as on attorney of
(Signatureo� fndtarial officer)
Title (and Ra
700.00
588.00
80.50
525.60
25.00
50.00
26.00
11.00
11.00
10.00
10.00
0065
Certificate of Sale
Merritt 12 -09300
Page 7 of 7