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HomeMy WebLinkAbout967911126308 CERTIFICATE OF SALE STATE OF WYOMING SS 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 October 26, 2007, executed and delivered by Cheryl Zahne and Marcus Zahne to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage dated October 26, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 2, 2007, at Reception No. 934588 in Book 677 at Page 624 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 18 OF BLOCK 36 OF GLEN KENNINGTON, ET AL, ADDITION TO THE AFTON TOWNSITE, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON SEPTEMBER 13, 1977 AS INSTRUMENT NO. 498185 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 724 Madison, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BAC Home Loans Servicing, L.P. Assignment dated: August 29, 2009 Assignment recorded: August 31, 2009 Assignment recording information: at Reception No. 949193 in Book 730 at Page 833 Assignee: Federal National Mortgage Association Assignment dated: February 13, 2012 Assignment recorded: March 1, 2012 Assignment recording information: at Reception No. 963444 in Book 782 at Page 116 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, Federal National Mortgage Association "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 COSPkg RECEIVED 11/13/2012 at 2:52 PM RECEIVING 967911 BOOK: 798 PAGE: 43 JEANNE WAGNER LINCOLN COUNTY CL :EMMERER, WY Certificate of Sale Zahne 12- 00195R Page 1 of 7 0004" 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 18, 2012 issue of said newspaper and ending with the November 8, 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 November 13, 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 $166,021.07 "Bid Sum which was bid and offered by Federal National Mortgage Association "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 $2,955.90 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 13, 2012, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Zahne 12- 00195R Page 2 of 7 u004 DATED at Kemmerer, Lincoln County, State of Wyoming, this 13th day of November 2012. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COUNTY OF LINCOLN COSPkg JA t E Pn N TA 'y lU i C a1 My Commission Expires Witness my hand and official se SWF. OF 4E3 12 .v y INS SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print U Title: Deputy Sheriff ACKNOWLEDGMENT 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 13th day of November 2012. Public John P. Stetzenbach 00045 Certificate of Sale Zahne 12- 00195R Page 3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Lucky McMahon 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 October 26, 2007 (the "Mortgage and recorded on November 2, 2007, at Reception No. 934588 in Book 677 at Page 624 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 Cheryl Zahne and Marcus Zahne "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: BAC Home Loans Servicing, L.P. Assignment dated: August 29, 2009 Assignment recorded: August 31, 2009 Assignment recording information: at Reception No. 949193 in Book 730 at Page 833 Assignee: Federal National Mortgage Association Assignment dated: February 13, 2012 Assignment recorded: March 1, 2012 Assignment recording information: at Reception No. 963444 in Book 782 at Page 116 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: 71969009843000607324 CERTIFIED MAIL NO. FSN: 71969009843000612687 Federal National Mortgage Association PO Box 8517 Portland, OR 97207* CERTIFIED MAIL NO. NO1: 71969009843000607331 CERTIFIED MAIL NO. FSN: 71969009843000612694 CURRENT RESIDENT 724 Madison Afton, WY 83110* COSPkg Certificate of Sale Zahne 12- 00195R Page 4 of 7 0004€ CERTIFIED MAIL NO. NOI: 71969009843000607348 CERTIFIED MAIL NO. FSN: 71969009843000612700 Cheryl Zahne 724 Madison Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000607355 CERTIFIED MAIL NO. FSN: 71969009843000612717 Cheryl Zahne PO Box 407 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000607362 CERTIFIED MAIL NO. FSN: 71969009843000612724 Marcus Zahne 724 Madison Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000607379 CERTIFIED MAIL NO. FSN: 71969009843000612731 Marcus Zahne PO Box 407 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000607386 CERTIFIED MAIL NO. FSN: 71969009843000612748 Equable Ascent Financial, LLC 1120 West Lake Cook Road Suite B Buffalo Grove, IL 60089* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 2, 2012 and the date of the first publication of the notice of foreclosure sale was October 18, 2012. State of Wyoming County of Natrona This instrument was acknowledged before me on 1 day of -L 2012 by Lucky McMahon as attorney of Castle Stawiarski, LLC. A UtiL NANCY KEENER STATE. OF WYOMING COUNTY OF NATRONA ,Artiozatlis sion ires Jan 19 2.015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Lucky McMahon Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 ca 7 s (Signature of fiotarial officer) Title (and 0004'7 Certificate of Sale Zahne 12- 00195R Page 5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming )?i,' 1 >V�a`CeAUiV"uagi)� Aaw1�n5u`ii4"Na ilcl A��c}et'.yr�tdV, ('.1ks1 1 ln I I COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT Notary Sign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN WV/ by Micha ensen, Pub is 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 (f3 day of 6 20 Vg„ and the last publication being on on the 6 day of -"I' dX0) 20 L 2 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J -nse Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF V% STATE OF LINCOLN \('yyy WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this S day of A.D s L 7, t,emncate of owe Zahne 12- 00195R Page 6 of 7 00048 STATE OF WYOMING COUNTY OF NATRONA Lucky McMahon 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 $2,955.90 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee FTPDD x 2 PUB COST FSN 10 -18 -12 Conduct Sale Fee Record Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriff's Fee Deed Prior Invoice Total $2,955.90 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 SAYET NAUGHT. State of Wyoming County of Natrona r Sri 1 OF WYOMING i•`'' COUNTY OF NATRONA Commission Ex +fires Jan 19 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS ue NANCY KEENER STATE OF WYOMING COUNTY OF NATRONA Commis,ion Fx fires .241;11X 5 G By: Lucky McMahon Castle Stawiarski, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 80.50 150.00 496.40 50.00 26.00 11.00 10.00 10.00 1,522.00 This instrument was acknowledged before me on 7 day of v e J- 2012 by Lucky McMahon as attorney of Castle Stawiarski, LLC. a �Y Cam J (Signature of notarial officer) Title (and Rank) 00049 Certificate of Sale Zahne 12- 00195R Page 7 of 7