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HomeMy WebLinkAbout967388STATE 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 April 10, 2009, executed and delivered by Kristofer S. Krosch and Taelor J. Krosch to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage dated April 10, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 13, 2009, at Reception No. 946512 in Book 720 at Page 441 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 13 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 25 Barberry Way, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: October 24, 2011 Assignment recorded: November 4, 2011 Assignment recording information: at Reception No. 961731 in Book 775 at Page 646 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 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. RECEIVED 10/16/2012 at 10:36 AM RECEIVING 967388 BOOK: 796 PAGE: 282 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Krosch 12 -10153 Page 1 of 7 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 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 $234,482.55 "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 $2,165.70 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 16thday of October 2012. COSPkg Sheriff in and for Lincoln County, State of Wyoming By: Print Title: M. Shane Johnson John Stetzenbach Deputy Sheriff 0028, Certificate of Sale Krosch 12 -10153 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this October 2012. Witness my hand and official seal. presence and 16th day of ,Notary n ublic Certificate of Sale Krosch 12 -10153 Page 3 of 7 OO28� 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 April 10, 2009 (the "Mortgage and recorded on April 13, 2009, at Reception No. 946512 in Book 720 at Page 441 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 Kristofer S. Krosch and Taelor J. Krosch "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: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: October 24, 2011 Assignment recorded: November 4, 2011 Assignment recording information: at Reception No. 961731 in Book 775 at Page 646 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:70112970000393527459 CERTIFIED MAIL NO. FSN:70112970000393536819 Bank of America, N.A., successor by merger to BAC Horne Loans Servicing, LP fka Countrywide Horne Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000590817 CERTIFIED MAIL NO. FSN: 71969009843000594488 CURRENT RESIDENT 25 Barbeny Way Thayne, WY 83127* COSPkg CERTIFIED MAIL NO. N01: 71969009843000590831 CERTIFIED MAIL NO. FSN: 71969009843000594495 Kristofer S. Krosch 25 Barberry Way Thayne, WY 83127* CERTIFIED MAIL NO. N01: 71969009843000590848 CERTIFIED MAIL NO. FSN: 71969009843000594501 Kristofer S. Krosch 1274 Swisher Rd Pocatello, ID 83204 -1929* CERTIFIED MAIL NO. NOI: 71969009843000590855 CERTIFIED MAIL NO. FSN: 71969009843000594518 Kristofer S. Krosch PO Box 8496 Jackson, WY 83002* Certificate of Sale Krosch 12 -10153 Page 4 of 7 4) 0 CERTIFIED MAIL NO. NOT: 71969009843000590862 CERTIFIED MAIL NO. FSN: 71969009843000594525 Taelor J. Krosch 25 Barberry Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000590886 CERTIFIED MAIL NO. FSN: 71969009843000594532 Taelor J. Krosch 1274 Swisher Rd Pocatello, ID 83204 -1929* CERTIFIED MAIL NO. NOI: 71969009843000590893 CERTIFIED MAIL NO. FSN: 71969009843000594549 Taelor J. Krosch PO Box 8496 Jackson, WY 83002* CERTIFIED MAIL NO. NOI: 71969009843000590909 CERTIFIED MAIL NO. FSN: 71969009843000594556 Star Valley Ranch Association HC 62, PO Box 7008 Star Valley Ranch, WY 83127* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 7, 2012 and the date of the first publication of the notice of foreclosure sale was September 20, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of alzv t, 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg a f x t GN A IN 0 swi Ji 400 C011hllY !J` Ni M C E r. }1 1 cn 0 My commission expires: I 9 ,By: atricia A r`l'e Michit Castle Stawi ski, LLC 330 So. W Ish Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signature of fflotarial officer) Title (and Rank 0028€ Certificate of Sale Krosch 12 -10153 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming wnef Country EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN by ensen, Publis 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 publ'cation being on the N' day of ,2042. and the last lic tion being on the 1 day of X)V 20�; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael JenliPublisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i�' STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to befor :�e on this 11 day of it 11 A. D Notary Signa 0024 Krosch 12 -10153 Page 6 of 7 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 $2,165.70 as compensation for services actually rendered in the foreclosure proceeding. 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 WT SAYE NAUGHT. Patricia Ann ichi Castle Stawiars LLC 330 So. Wals Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on /1 day of £0, 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 9 -20 -12 FTPDD Conduct Sale Fee Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed Total $2,165.70 r L s lC NA N CY KEENER NLR STATE OF WYOMING COUPi1 Y OF NATRONA My Commission Exph s Jan 13 2015 My commission expires: 5 COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS Title (an•. "an (Signature of notarial officer) 650.00 802.00 103.50 467.20 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Certificate of Sale Krosch 12 -10153 Page 7 of 7 0 0 2 88