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HomeMy WebLinkAbout966726STATE 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 November 9, 2010, executed and delivered by Jonathan Ayling and Allicia Ayling to Wells Fargo Bank, N.A. and (b) that certain mortgage dated November 9, 2010 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 19, 2010, at Reception No. 956831 in Book 757 at Page 562 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 LOT 116 OF STAR VALLEY RANCH PLAT 5, LINCOLN WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED JUNE 30, 1971 AS MAP NUMBER 177 AND DOCUMENT NUMBER 431709 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING with an address of 94 Holly Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 00658 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. RECEIVED 9/11/2012 at 10:24 AM RECEIVING 966726 BOOK: 793 PAGE: 658 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Ayling 12 -09456 Page 1 of 7 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 128,669.80 "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 $2,143.20 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. DATED at Kemmerer, Lincoln County, State of Wyoming, this 11th day of September 2012. COSPkg M.Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Michell _A. }Tale_ Title: Deputy Sheriff Certificate of Sale Ayling 12 -09456 Page 2 of 7 90`6.59 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 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 11th day of September 2012. Witness my hand and official seal. Notary Public SAVANNA L. KRALL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN `4!t' WYOMING My Commission Expires Certificate of Sale Ayling 12 -09456 Page 3 of 7 006439 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 November 9, 2010 (the "Mortgage and recorded on November 19, 2010, at Reception No. 956831 in Book 757 at Page 562 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 Jonathan Ayling and Allicia Ayling "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: 71969009843000571342 CERTIFIED MAIL NO. FSN: 71969009843000575302 CURRENT RESIDENT 94 Holly Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000571359 CERTIFIED MAIL NO. FSN: 71969009843000575319 Jonathan Ayling 94 Holly Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000571366 CERTIFIED MAIL NO. FSN: 71969009843000575326 Jonathan Ayling PO Box 7733 Jackson, WY 83002 -7733* CERTIFIED MAIL NO. NOI: 71969009843000571373 CERTIFIED MAIL NO. FSN: 71969009843000575333 Allicia Ayling 94 Holly Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000571380 CERTIFIED MAIL NO. FSN: 71969009843000575340 Allicia Ayling PO Box 7733 Jackson, WY 83002 -7733* COSPkg EXHIBIT A SS 00661 Certificate of Sale Ayling 12 -09456 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000571397 CERTIFIED MAIL NO. FSN: 71969009843000575357 Department of Veterans Affairs 155 Van Gordon Street Denver, CO 80225* 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 (o day of Castle Stawiarski, COSPkg FURTHER AFFIANT SAYETH NAUGHT. NCTA UBLI C NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19 20•15 My commission expires: 9J) y: Patricia AnMichitschr Castle Stawia ki, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2012 by Patricia Anne Michitsch as attorney of LC. (Signature of r5otarial officer) Title (and Ran Certificate of Sale Ayling 12 -09456 Page 5 of 7 06632 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming L IJ rKg PUBLISHER'S AFFIDAVIT EXHIBIT B KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN P:; WYOMING MYCOMMISSION EXPIRES 5/5/16 Michael J:ffii Publisher 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 consecutive issues /weeks; the first publication being on the 1 Lo day of ,20 1,7 and the last pu lication being on the t,p day of 20 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 e on this (o day of by Michael J nsen, Publis lr Notary Sign A.D., 20 L Ayling 12 -09456 Page 6 of 7 006G 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 $2,143.20 as compensation for services actually rendered in the foreclosure proceeding. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 8 -16 -12 FTP Update Conduct Sale Record Cert of Sale Record Sheriffs Deed Record Special Warranty Deed Sheriffs Fee Sale Sheriffs Fee Deed EXHIBIT C AFFIDAVIT OF ATTORNEY SS 600.00 937.00 69.00 394.20 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $2,143.20 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.NT "SAYE` NAUGHT. State of Wyoming County of Natrona N ARV PUBLIC NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commission Ex.ires Jan 19 2015 arargr My commission expires: /7 .`Patricia An Michitsc Castle Stawiarki LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of S, o�Ri, 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, CLC. (Signature of n Title (and R fN tarial officer) 0066V Certificate of Sale Ayling 12 -09456 Page 7 of 7