HomeMy WebLinkAbout967387STATE OF WYOMING
COUNTY OF LINCOLN
M. Shane Johnson
COSPkg
CERTIFICATE OF SALE
SS
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 August 16, 2007, executed and delivered by
Joseph Sadler and Ginnie D Sadler to Beneficial Wyoming Inc. and (b) that
certain mortgage dated August 16, 2007 (the "Mortgage securing said note,
which Mortgage was executed and delivered by said mortgagor(s), to said
mortgagee, and was recorded on August 20, 2007, at Reception No. 932316 in
Book 669 at Page 442 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:
LOTS 5, 6, 7 AND 8 OF BLOCK 28 OF THE FIRST ADDITION TO
THE TOWN OF LABARGE, FORMERLY TULSA, LINCOLN
COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT
THEREOF.
with an address of 440 S. Oak St., Labarge, WY 83123
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 10/16/2012 at 10:32 AM
RECEIVING 967387
BOOK: 796 PAGE: 275
JEANNE WAGNER
LINCOLN COUNTY CI (EMMERER, WY
00275
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, Beneficial Wyoming, Inc
"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 September 20, 2012 issue of
said newspaper and ending with the October 11, 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 October 16, 2012 at 10:00 o'clock in the
Certificate of Sale
Sadler 12 -09943
Page 1 of 7
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
$110,593.05 "Bid Sum which was bid and offered by Beneficial Wyoming,
Inc "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 $1,880.60 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 October 16, 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
15th day of October 2012.
COSPkg
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
f,41
By:
Print Na
Title: Deputy Sheriff
John Stetzenbach
Certificate of Sale
Sadler 12 -09943
Page 2 of 7
002 G
STATE OF
COUNTY OF
My Commission Expires:
tea„[_ 131.1c
LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this 16th day of
October 2012.
COSPkg
COUNTY OF
Me Con SSKN1 ExpN
WYOMING
Witness my hand and official seal.
STATE OF
WING
ACKNOWLEDGMENT
SS
Certificate of Sale
Sadler 12 -09943
Page 3 of 7
0027'7
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 August 16, 2007 (the "Mortgage and
recorded on August 20, 2007, at Reception No. 932316 in Book 669 at Page
442 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 Joseph Sadler and
Ginnie D Sadler "Mortgagor(s) the named mortgagor(s), and Beneficial
Wyoming Inc.
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: 71969009843000587114
CERTIFIED MAIL NO. FSN: 71969009843000594372
Beneficial Wyoming, Inc
636 Grand Regency Blvd
Brandon, FL 33510*
CERTIFIED MAIL NO. NOI: 71969009843000587121
CERTIFIED MAIL NO. FSN: 71969009843000594389
CURRENT RESIDENT
440 S. Oak St.
Labarge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000587138
CERTIFIED MAIL NO. FSN: 71969009843000594396
Joseph John Sadler
440 S. Oak St.
Labarge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000587145
CERTIFIED MAIL NO. FSN: 71969009843000594402
Joseph John Sadler
PO Box 158
LaBarge, WY 83123*
CERTIFIED MAIL NO. NOI: 71969009843000587152
CERTIFIED MAIL NO. FSN: 71969009843000594419
Ginnie Dean Sadler
440 S. Oak St.
Labarge, WY 83123*
COSPkg
EXHIBIT A
SS
Certificate of Sale
Sadler 12 -09943
Page4of7
00278
CERTIFIED MAIL NO. NOI: 71969009843000587169
CERTIFIED MAIL NO. FSN: 71969009843000594426
Ginnie Dean Sadler
PO Box 158
LaBarge, WY 83123*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 4, 2012 and the date of the first publication of the
notice of foreclosure sale was September 20, 2012.
State of Wyoming
County of Natrona
�'i 7r>,c't iR.FikfriKRFr.Warx�t"lr- .:.1M. ..rm:.,�u
STATE OF INYVMiNG
COUNTY OF NATRo1
My Commission Expires Jail i j. 2025
reviGm:ut' xaias'd'arsa;:kct.
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
y
COSPkg
y: atricia Ane Michi
Castle Stawiaki, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
day of 0 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature of notarial officer)
Title (and
Certificate of Sale
Sadler 12 -09943
Page 5 of 7
00279
bred'
PUSh Sept. 20;
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
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EXHIBIT B
PUBLISHER'S AFFIDAVIT
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day of
before
o this day of
Notary Signa
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 T consecutive issues /weeks;
the first publi at on being on the ,ZO
day of A1;' 11 i1
and the last bIic tion being on the 1
,20(2
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
Michael Je iii Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF `i'' STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES 5/5/16
Subscribed in my presence and sworn to
V GI L,I1VOIG V, VOID
Sadler 12 -09943
Page 6 of 7
00 '2
STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 9 -20 -12
Conduct Sale Fee
Record Cert of Sale
Record Sheriffs Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
FTP Update
State of Wyoming
County of Natrona
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My commission expires:
COSPkg
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 $1,880.60 as compensation for services
actually rendered in the foreclosure proceeding.
Total $1,880.60
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 AFFIANT NAUGHT.
By: Patricia An Michitsc
Castle Stawia i, LLC
330 So. .lsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
I D day of O a- Q.::aLi 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
(Signature of notarial officer)
i' t 2
Title (and Rat' k)
600.00
700.00
69.00
379.60
50.00
26.00
11.00
10.00
10.00
25.00
0028
Certificate of Sale
Sadler 12 -09943
Page 7 of 7