HomeMy WebLinkAbout967517STATE OF WYOMING
COUNTY OF LINCOLN
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 July 28, 2005, executed and delivered by Billie J.
Buist to Mortgage Electronic Registration Systems, Inc., as nominee for First
Horizon Home Loan Corporation its successors and assigns and (b) that certain
mortgage dated July 28, 2005 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on August 5, 2005, at Reception No. 910652 in Book 593 at
Page 511 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:
PART OF LOT 3 OF BLOCK 28 OF THE AFTON TOWNSITE, LINCOLN
COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT 13 RODS EAST OF THE
SOUTHWEST CORNER OF SAID LOT 3 AND RUNNING THENCE NORTH 20
RODS; THENCE EAST 4 3/4 RODS; THENCE SOUTH 20 RODS; THENCE
WEST 4 3/4 RODS TO THE POINT OF BEGINNING. EXCEPTING
THEREFROM ANY LAND CONTAINED IN INSTRUMENT RECORDED JUNE
18, 1963 IN BOOK 61 PR ON PAGE 252 OF THE RECORDS OF THE LINCOLN
COUNTY CLERK. EXCEPTING THEREFROM ANY LAND CONTAINED IN
INSTRUMENT RECORDED DECEMBER 8, 1983 IN BOOK 208PR ON PAGE
328 OF THE RECORDS OF THE LINCOLN COUNTY CLERK.
The mortgage was assigned for value as follows:
Assignee: Bank of New York Mellon f /k/a The Bank of New York, as Trustee for
the Holders of the Certificates, First Horizon Mortgage Pass Through Certificates
FH05 -AA9, by First Horizon Home Loans, a division of First Tennessee Bank
National Association, Master Ser
Assignment dated: October 21, 2011
Assignment recorded: October 26, 2011
Assignment recording information: at Reception No. 961597 in Book 775 at Page
210
Assignee: The Bank of New York Mellon f /k/a The Bank of New York, as Trustee
for the holders of the Certificates, First Horizon Mortgage Pass Through
Certificates Series FHAMS 2005 -AA9, by First Horizon Home Loans, a division of
First Tennessee Bank National Associ
Assignment dated: August 13, 2012
Assignment recorded: August 20, 2012
Assignment recording information: at Reception No. 966305 in Book 792 at Page
13
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CERTIFICATE OF SALE
SS
with an address of 137 6th Avenue, Afton, WY 83110
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
RECEIVED 10/23/2012 at 10:35 AM
RECEIVING 967517
BOOK: 796 PAGE: 665
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER, WY
00665
Certificate of Sale
Buist 12 -09325
Page 1 of 7
0GGG
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, The Bank of New York Mellon
f /k/a The Bank of New York, as Trustee for the holders of the Certificates, First
Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -AA9, by First
Horizon Home Loans, a division of First Tennessee Bank National Association,
Master Servicer, in its capacity as agent for the Trustee under the Pooling and
Servicing Agreement "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 27, 2012 issue of
said newspaper and ending with the October 18, 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 23, 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
$18,000.00 "Bid Sum which was bid and offered by The Bank of New York
Mellon f /k/a The Bank of New York, as Trustee for the holders of the
Certificates, First Horizon Mortgage Pass Through Certificates Series
FHAMS 2005 -AA9, by First Horizon Home Loans, a division of First
Tennessee Bank National Association, Master Servicer, in its capacity as
agent for the Trustee under the Pooling and Servicing Agreement
"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 $1,979.60 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
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Certificate of Sale
Buist 12 -09325
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00666
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 23, 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
23rd day of October 2012.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
"H�Q.A'Er^— .'1.:SsAQ'SaS�'.`e!S OM..+ 0. .�Ay'QvfASl1°�'.!O,'.1�•'�S''`'
April Brunshi Notary Public
Country of lY`j d e of
Lincoln Wyoming
My Commission Expires
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M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
Print me:
Title:
ACKNOWLEDGMENT
SS
Witness my hand and official seal.
Deputy Sheriff
The foregoing instrument was subscribed in my presence and
acknowledged before me by John Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this 23rd day of
October 2012.
��41Utl1U�
Certificate of Sale
Buist 12 -09325
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STATE OF WYOMING
COUNTY OF NATRONA
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE 4)06 6 5
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 July 28, 2005 (the "Mortgage and recorded
on August 5, 2005, at Reception No. 910652 in Book 593 at Page 511 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 Billie J. Buist "Mortgagor(s) the
named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as
nominee for First Horizon Home Loan Corporation its successors and assigns is
the named mortgagee, which Mortgage was assigned for value as follows:
Assignee: Bank of New York Mellon f /k /a The Bank of New York, as Trustee for the Holders of
the Certificates, First Horizon Mortgage Pass Through Certificates FH05 -AA9, by First Horizon
Home Loans, a division of First Tennessee Bank National Association, Master Ser
Assignment dated: October 21, 2011
Assignment recorded: October 26, 2011
Assignment recording information: at Reception No. 961597 in Book 775 at Page 210
Assignee: The Bank of New York Mellon f /k /a The Bank of New York, as Trustee for the holders
of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -AA9,
by First Horizon Home Loans, a division of First Tennessee Bank National Associ
Assignment dated: August 13, 2012
Assignment recorded: August 20, 2012
Assignment recording information: at Reception No. 966305 in Book 792 at Page 13
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:70111570000299572567
CERTIFIED MAIL NO. FSN:70120470000020014789
The Bank of New York Mellon f /k/a The Bank of New York, as Trustee for the holders
of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS
2005 -AA9, by First Horizon Horne Loans, a division of First Tennessee Bank National
Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling
and Servicing Agreement
350 Highland Dr.
Lewisville, TX 75067*
CERTIFIED MAIL NO. NOI: 71969009843000592729
CERTIFIED MAIL NO. FSN: 71969009843000599759
CURRENT RESIDENT
137 6th Avenue
Afton, wY 83110*
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Certificate of Sale
Buist 12 -09325
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CERTIFIED MAIL NO. NOI: 71969009843000592736
CERTIFIED MAIL NO. FSN: 71969009843000599766
Billie J. Buist
137 6th Avenue
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000592743
CERTIFIED MAIL NO. FSN: 71969009843000599773
Billie J. Buist
PO Box 196
Story, WY 82842*
CERTIFIED MAIL NO. NOI: 71969009843000592750
CERTIFIED MAIL NO. FSN: 71969009843000599780
Billie J. Buist
PO Box 1727
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000592767
CERTIFIED MAIL NO. FSN: 71969009843000599797
Jonathan Glenn Buist
137 6th Avenue
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000592774
CERTIFIED MAIL NO. FSN: 71969009843000599803
Jonathan Glenn Buist
PO Box 196
Story, WY 82842*
CERTIFIED MAIL NO. NOI: 71969009843000592781
CERTIFIED MAIL NO. FSN: 71969009843000599810
Jonathan Glenn Buist
PO Box 1727
Afton, WY 83110*
CERTIFIED MAIL NO. NOI: 71969009843000592798
CERTIFIED MAIL NO. FSN: 71969009843000599827
First National Bank West
100 Greys River Rd.
PO Box 3110
Alpine, WY 83128*
CERTIFIED MAIL NO. NOI: 71969009843000592804
CERTIFIED MAIL NO. FSN:71969009843000599834
First Horizon Homes
Loan Corporation
4000 Horizon Way
Irving, TX 75063*
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was September 11, 2012 and the date of the first publication of the
notice of foreclosure sale was September 27, 2012.
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
V day of (3 2012 by Patricia Anne Michitsch as attorney of
Castle Stawiarski, LLC.
....6.TMF eta N0 PUBLIC F
NANCY KEENER
STAW. OF WYOMING
',0111\17Y Or NATRONA
■s aca:: +'r T: piro5 Jan i5 2.015
FURTHER AFFIANT SAYETH NAUGHT.
My commission expires:
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/1/.-2:e6ze--e--
By: Patricia Aryne Michitsch
Castle Stawiarski, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
(Signature of notarial p officer)
Title (and Rank)
ccv
00069
Certificate of Sale
Buist 12 -09325
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KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
EXHIBIT B
Michael Jen
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 4 consecutive issues /weeks;
the first publication being on the 21
day of k ./f -0), 20 12
and the las blication being on the I
day of 1PJ2/ 20 i2
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Signed)
ublisher
ROSEMARY CAPELLEN NOTARY PUBLIC
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES 5/5/113
Subscribed in my presence and sworn to
before on this 1 day of
(9Q j A.D., 20 1,2
by ensen, Publis
Notary Sign
0670
KEMMERER, WYOMING
Certificate of Sale
Buist 12 -09325
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STATE OF WYOMING
COUNTY OF NATRONA
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 9 -27 -12
Conduct Sale Fee
Record Certof Sale
Record Sheriff's Deed
Sheriff's Fee Sale
Sheriff's Fee Deed
Record AOM
State of Wyoming
County of Natrona
Castle Stawiarski, LLC.
NANCY KEENER
STATE OF WYOMING
COUNTY OF NATRONA
Commission Expires Jar, '15, 2015
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FURTHER AFFIANT
My commission expires:
EXHIBIT C
AFFIDAVIT OF ATTORNEY
S
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 $1,979.60 as compensation for services
actually rendered in the foreclosure proceeding.
Title (and R. k)
600.00
475.00
115.00
671.60
50.00
26.00
11.00
10.00
10.00
11.00
Total $1,979.60
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.
AYE EIH N U G HT.
By(Patricia AnneMichitsch
Castle Stawiarskj;''LLC
330 So. WalsVDrive, Ste. 202
Casper, WY 82609 -0000
3073335379
This instrument was acknowledged before me on
9 day of Oa 7 2012 by Patricia Anne Michitsch as attorney of
7
(Signature ofl(otarial officer)
00
Certificate of Sale
Buist 12 -09325
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