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Home My WebLink About968168156438 STATE OF WYOMING COUNTY OF LINCOLN COSPkg RECEIVED 11/27/2012 at 10:41 AM RECEIVING 968168 BOOK: 799 PAGE: 89 JEANNE WAGNER 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 19, 2006, executed and delivered by Evelyn Ann Furman fka Evelyn Ann Jenkins and Craig M. Furman to Citifinancial, Inc. and (b) that certain mortgage dated April 19, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 20, 2006, at Reception No. 917645 in Book 617 at Page 448 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: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE 1/4 SW 1/4) OF SECTION 28, TOWNSHIP 35 NORTH, RANGE 119 WEST, 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WEST 2528.60 FEET FROM THE SOUTHEAST CORNER OF SECTION 28; THENCE RUNNING WEST ALONG THE SOUTH LINE OF SAID SECTION, 155.04 FEET; THENCE NORTH 280.96 FEET; THENCE EAST 155.04 FEET, THENCE SOUTH 280.96 FEET TO THE POINT OF BEGINNING. with an address of 1482 Freedom Lane, Freedom, WY 83120 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, Citifinancial, 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. 00089 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 November 1, 2012 issue of said newspaper and ending with the November 21, 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 Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 1 of 7 00090 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 27, 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 90,103.60 "Bid Sum which was bid and offered by Citifinancial, 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 $2,068.30 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 27, 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 27th day of November 2012. COSPkg M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print Name: Troy Jansen Title: Deputy Sheriff Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was subscribed in my acknowledged before me by Troy Jansen Deputy Sheriff of Lincoln County, State of Wyoming, this November 2012. My Commission Expires: JAMIE R m ��t PAraTe COUNTY OF LINCOLN My Commission Expires COSPkg PUELiC STATE OF b +✓Y1 ING ACKNOWLEDGMENT SS Witness my hand and official A A ry Public 0009?. presence and 27th day of Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 3 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 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 19, 2006 (the "Mortgage and recorded on April 20, 2006, at Reception No. 917645 in Book 617 at Page 448 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 Evelyn Ann Furman fka Evelyn Ann Jenkins and Craig M. Furman "Mortgagor(s) the named mortgagor(s), and Citifinancial, Inc. is the named mortgagee; 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. CERTIFIED MAIL NO. Citifinancial, Inc. 1111 Noithpoint, Bldg 4 Coppell, TX 75019* CERTIFIED MAIL NO. CERTIFIED MAIL NO. CURRENT RESIDENT 1482 Freedom Lane Freedom, WY 83120* AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE N01: 71969009843000615275 FSN: 71969009843000621191 ,Ste 100 N01: 71969009843000615305 FSN: 71969009843000621207 CERTIFIED MAIL NO. NOI: 71969009843000615459 CERTIFIED MAIL NO. FSN: 71969009843000621214 Evelyn Ann Furman fka Evelyn Ann Jenkins 1482 Freedom Lane Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000615336 CERTIFIED MAIL NO. FSN: 71969009843000621221 Evelyn Ann Furman fka Evelyn Ann Jenkins PO Box 36 Fairview, WY 83119* CERTIFIED MAIL NO. NO1: 71969009843000615350 CERTIFIED MAIL NO. FSN: 71969009843000621238 Evelyn Ann Furman fka Evelyn Ann Jenkins Box 106 Freedom, WY 83120* COSPkg EXHIBIT A SS 00092 Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000615367 CERTIFIED MAIL NO. FSN: 71969009843000621245 Craig M Furman 1482 Freedom Lane Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000615374 CERTIFIED MAIL NO. FSN: 71969009843000621252 Craig M Furman PO Box 36 Fairview, WY 83119* CERTIFIED MAIL NO. NOI: 71969009843000615381 CERTIFIED MAIL NO. FSN: 71969009843000621269 Craig M Furman Box 106 Freedom, WY 83120* CERTIFIED MAIL NO. NOI: 71969009843000615398 CERTIFIED MAIL NO. FSN: 71969009843000621276 Lincoln County Treasurer PO Box 630 Kenunerer, WY 83101* 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 15, 2012 and the date of the first publication of the notice of foreclosure sale was November 1, 2012. State of Wyoming County of Natrona This in trument was acknowledged before me on ode day o 2012 by Pa icia Anne Michitsch as attorney of Castle Stawiarski, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA (mission !?mires Jan 19, 2015 My commission expires: /A? 6 Patricia A e Michi h Castle Stawi. ski, LLC 330 So. W.Ish Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 .tur- of n•tarial (Sig Title (a d Rank) 000 Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming I WHEREAS defau occurred under the "ter mortgage( Mortgage and delivered liy Eves M. Furman (`Mortgag of the same date, arid-Sit Reception No, 917645lrn of the County'Clerk and; County, State of Wyonun WHEREAS "the Mortgage con s a power of sale which by reason of saiddefault, 'the Mc e to have becomeoperative, and no suit (4 oceeding has b 'aishtnted l aw to recove the` debf secured by the 1Vlortgage;, ;pY arly t r of Y non ha any such° s uitor proceeding bee stituted and the'sari► dis�conrinued; and r WHE REAS, ,w hen, nonc of int foreclose.the Mortgage. by advertisement'an d sale, be µserv q,pon the ,record owner and the party in'passessen of the 'mortgag pr ennrses eat,lt asst ten (10) days prior to the commencement of this publication, and the'iamount due upon.the Mortgage on the date,of first publication of this notice of sale being the total sum of $128,484.28 which sum consist f th d al cation O this notice in the amounto $8',13 5 other in`tlie amoun $4,164.39 plus attorne j s fees, costs expend end accruing merest d late c after the date f fi b1' fir a.,�.o- liens Any prospective a bid; NOW, THEREFORE citifinancial,. Inc.,; as the. yiortgagee,, will have the Mortgage foreclosed as by law provided by callsni the mortgaged property to be sold at public venue by the Sheriff or�Deputy Shen f in and for Lincoln county, Wyoming to the highest bidder for cash at 10 :00 o'clock in the forenoon on November 27, 2012 at, the front' door. of the Lincoln County Courthouse located at 925 Sage Avenue, Kennnerer, WY, Lincoln County, for application on the above described amounts; s the M ortgage, said mortga ed property being described as follcows I to wit: A PORTION OF THE SOUTHEAST' QUARTER OF TAB SO a4 WE (SE 1/4 SW 1/4) OF SECTION 28, TOWNSHIP 35 NORTH, RANGE 119 WEST, 6TH P.M. BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING.; AT, 'A POINT WEST 2528,60 FEET FROM THE SOUTHEAST CORNE OF. SECTION 28; THENCE RUNNING WEST ALONG THE SOUTH LINE OF SAID "SECTION, 155.04 FEET; THENCE NORTH 280.96 FEET; THENCE EAST 155.04 FEET, THENCE SOUTH 280 96;FEET TO THE POINT OF BEGINNING. with an address of 1482 Freedom Lane, Freedom; WY 831'20.; Together with all��improvements thereon, situate and all. fixtures and thereto. PUBLISH: Nov. 1, 1 5„ 21, .221 I: V NI Citifinancial, Inc.. By: Castle Stawiarski, LLC S. Walsh Drive, Ste. 202 Casper, WY $2609 -0000 (30,7)333 5379 1101 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 0009' 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 1 consecutive issues /weeks; the first publication being on on��th1e t �Q�I�I day of ,/V( 20_12_, and the last publication being on the 21( 0011t4i)t) 20_12,a_; day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF ;,(h i STATE OF LINCOLN t(, WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before m�eyonl� this �pJ21 day of VQ a •r��+V eh A.D., 2012_, Notary Sig �.ci uwaic vi Ja,G Furman fka Evelyn Ann Jenkins 12 -09940 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 $2,068.30 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 AFFIANT- S-ACThi NAUGHT. State of Wyoming County of Natrona "day of COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee FTP Update x 2 PUB COST FSN 11 -1 -12 Conduct Sale Record Cert of Sale Record Assn of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,068.30 This ins)rument was acknowledged before me on 2012 by Pat' is Anne I id tsch as attorney of Castle Stawiarski, LLC. NOTARY PUBLi1 ti KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Emirs:: Jan 19, 201 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS Patricia Ann- ichitsc Castle Stawiars- LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 700.00 588.00 103.50 150.00 408.80 50.00 26.00 11.00 11.00 10.00 10.00 0009" Certificate of Sale Furman fka Evelyn Ann Jenkins 12 -09940 Page 7 of 7