Loading...
HomeMy WebLinkAbout967821147567 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 4058 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 December 4, 2009, executed and delivered by Melissa Cramer and Daniel Wood to Bank of The West and (b) that certain mortgage dated December 4, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 15, 2009, at Reception No. 951097 in Book 738 at Page 332 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: LOT 227 OF LAKEVIEW ESTATES INC., TRACT "A A SUBDIVISION OF THE S1/2SE1/4, SECTION 29, TOWNSHIP 37 NORTH, RANGE 118 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT RECORDED DECEMBER 5, 1961 AS DOCUMENT NUMBER 364997 AND MAP NUMBER 157 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 744 Pine Crest Cir Lot 227, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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 the West "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 October 11, 2012 issue of said newspaper and ending with the November 1, 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 COSPkg RECEIVED 11/6/2012 at 10:45 AM RECEIVING 967821 BOOK: 797 PAGE: 581 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cramer 12 -07418 Page 1 of 7 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 November 6, 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 $23,000.00 "Bid Sum which was bid and offered by Bank of the West "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 $1,857.20 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 November 6, 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 5th day of November 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print e: John P. Stetzenbach Title: Deputy Sheriff Certificate of Sale Cramer 12 -07418 Page 2 of 7 0058 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg JAMIE PAINTER NOTARY PUBLIC COUNTY OF LINCOLN My Commission Ex STATE OF ACKNOWLEDGMENT SS The foregoing instrument was subscribed in my presence and acknowledged before me by John P. Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 6th day of November 2012. Witness my hand and official seal. f No a Public 005x Certificate of Sale Cramer 12 -07418 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 December 4, 2009 (the "Mortgage and recorded on December 15, 2009, at Reception No. 951097 in Book 738 at Page 332 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 Melissa Cramer and Daniel Wood "Mortgagor(s) the named mortgagor(s), and Bank of The West is the named mortgagee. 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:71969009843000604286 CERTIFIED MAIL NO. FSN: 71969009843000605696 Bank of the West 2608 West Howesdale Road Spokane, WA 99208* CERTIFIED MAIL NO. NOI:71969009843000604293 CERTIFIED MAIL NO. FSN: 71969009843000605702 CURRENT RESIDENT 744 Pine Crest Cir Lot 227 Alpine, WY 83128* CERTIFIED MAIL NO. NOI:71969009843000604347 CERTIFIED MAIL NO. FSN: 71969009843000605719 Melissa Cramer 744 Pine Crest Cir Lot 227 Alpine, WY 83128* CERTIFIED MAIL NO. NOI:71969009843000604330 CERTIFIED MAIL NO. FSN: 71969009843000605726 Melissa Cramer 1975 Houston Rd Phoenix, OR 97535* CERTIFIED MAIL NO. NOI:71969009843000604323 CERTIFIED MAIL NO. FSN: 71969009843000605733 Melissa Cramer 624 Orange Street Apt 2A New Haven, CT 06511* CERTIFIED MAIL NO. NOI:71969009843000604354 CERTIFIED MAIL NO. FSN: 71969009843000605740 Daniel Wood 744 Pine Crest Cir Lot 227 Alpine, WY 83128* COSPkg EXHIBIT A SS Certificate of Sale Cramer 12 -07418 Page 4 of 7 0058 CERTIFIED MAIL NO. NOI:71969009843000604361 CERTIFIED MAIL NO. FSN: 71969009843000605757 Daniel Wood 1975 Houston Rd Phoenix, OR 97535* CERTIFIED MAIL NO. NOI:71969009843000604378 CERTIFIED MAIL NO. FSN: 71969009843000605764 Daniel Wood 624 Orange Street Apt 2A New Haven, CT 06511* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 26, 2012 and the date of the first publication of the notice of foreclosure sale was October 11, 2012. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. My commission expires: S'- /C-6 COSPkg y: Patricia ne Michit ch Castle Stavdi LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 at ,This i nstrument was acknowledged before me on day of 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. (Sign ur4 of notarial officer) Title (and Rank) 0050 Certificate of Sale Cramer 12 -07418 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= curred under the terms of a promissory note "Note") and real estate ("Mortgage"). The Mortgage dated December 4'2009, was execiIted and delivered by Melissa Cramer and Daniel Wood (`Mortgagor(s)'" to Bank of The West, as security for the Note of the same date, and said Mortgage was recorded on December 15,2009, at Reception No. 9517. in Book 738 at Page 332 in the records of the office of the County C erk and ex- officio Register of Deeds in and for Lincoln County, Stag Hof Wyoming; and WHEREAS, the Mortgage contains a "power of sale which by reason of said default, the Mortgagee declares to have become operative, and ap suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or 'proceeding been instituted and the same discontinued and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and'thh party in possession of the mortgaged premises at least ten (10) days prior to the commencement of this publication, and the amount due upon. the Mortgage on the date of first publication of this notice of sale beingythb total sum of $86,533.59 which sum consists of the unpaid principal bah- ance of $79,825.70 plus interest accrued to the date of the first publicatio$ of this notice in the amount of $6,035.20, plus other costs in the amount, of 672.69, plus attorneys' fees, costs expended, and accruing interest and late charges after the date of first publication of this notice of sate;; WHEREAS, The property being foreclosed upon may be subjeet, to other liens and encumbrances that will not be extinguished at the sin. Any prospective purchaser should research the status of title `bef re submitting a bid; NOW, THEREFORE Bank of the West, as the Mortgagee, will have'thh Mortgage foreclosed, as by Iaw provided by causing the mortgaged prop- erty to be sold at public venue by the Sheriff or Deputy Sheriff in and for Linc Comity, Wyoming to the highest bidder for cash at 10:00 o' clout in the r`enoon on November 6, 2012 at the front door of the Lincoln County Courthouse located at 925 Sage Avenue, Kemmerer, WY, Lincoln County, for application on the above- described amounts secured 'brthe Mortgage, said mortgaged property being described as follows, to- wit: LOT 227 OF LAKEVIEW ESTATES INC., TRACT "A A St7BPP,- VISION OF THE S1 /2SE1/4, SECTION 29, TOWNSHIP 37 NORTH,: RANGE 118 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, ACCORDING TO THAT PLAT RECORDED DECEMBER 5, 1961 AS DOCUMENT NUMBER 364997 AND MAP NUMBER 157 IN 1 r OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. with an address of 744 Pine Crest CirLot 227 Alpine, WY 83118. Together with all improvements thereon situate and all fixtures na appurtenances thereto. E of eWeS By: Castle Stawtarski LLC" 330 S. Walsh Drive, Ste. 2,02: Casper, WY 82609 -0001 (307) 333 5379 PUBLISH: Oct. 11, 18, 25, Nov, 1, 2012 (12-07418) 101,1A: COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 pubii tion being on the t 0. day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 12 and the last publication being on the day of �1 1 J 20 U.. and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNIY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 515116 Subscribed in my presence and sworn to before me on this I day of t A.D., 20 (2 nsen, Publish otary Signat 0058' Certificate of Sale Cramer 12 -07418 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Title Resolution Fee PUB Cost 10 -11 -12 Conduct Sale Fee Record Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriff's Fee Deed FTP Update State of Wyoming County of Natrona 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 $1,857.20 as compensation for services actually rendered in the foreclosure proceeding. 600.00 489.00 92.00 150.00 394.20 50.00 26.00 11.00 10.00 10.00 25.00 Total $1,857.20 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 AFFI NT "SAYETi NAUGHT. B Patricia Ann Michit ch' Castle Stawiar i, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on day of /7 DO)J7t i 2012 by Patricia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg Si patuie of no ri I nOta Title (and Rank) My commission expires: ST/s" q /44(1Z- 64) Certificate of Sale Cramer 12 -07418 Page 7 of 7 0000