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HomeMy WebLinkAbout96893012797 STATE 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 August 25, 2005, executed and delivered by Randal Hill and Diana Hill to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns and (b) that certain mortgage dated August 25, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 7, 2005, at Reception No. 911618 in Book 596 at Page 819 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 6 OF SHOOTING STAR SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 319 Shooting Star Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2005- 13 Assignment dated: March 25, 2011 Assignment recorded: April 13, 2011 Assignment recording information: at Reception No. 958878 in Book 765 at Page 358 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 FKA The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2005 -13 "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 1/8/2013 at 11:39 AM RECEIVING 968930 BOOK: 802 PAGE: 358 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hill 10- 04272RR Page 1 of 7 0031 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 December 13, 2012 issue of said newspaper and ending with the January 3, 2013 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 January 8, 2013 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 $220,500.00 "Bid Sum which was bid and offered by The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2005 -13 "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 $5,126.75 is to be paid to The Castle Law Group, 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. COSPkg Remainder of page intentionally left blank Certificate of Sale Hill 10- 04272RR Page 2 of 7 003 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 January 8, 2013, 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 8th day of January 2013. STATE OF WYOMING COUNTY OF LINCOLN 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 8th day of January 2013. My Commission Expires: COSPkg Witness my hand and official seal. 1 Ildr ii N SfAi'F 1. Wile ING M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: �L- Print e: John P. Stetzenbach Title: Deputy Sheriff Certificate of Sale Hill 10- 04272RR Page 3 of 7 ti O3 1 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 The Castle Law Group, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated August 25, 2005 (the "Mortgage and recorded on September 7, 2005, at Reception No. 911618 in Book 596 at Page 819 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 Randal Hill and Diana Hill "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2005- 13 Assignment dated: March 25, 2011 Assignment recorded: April 13, 2011 Assignment recording information: at Reception No. 958878 in Book 765 at Page 358 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:70112970000393549574 CERTIFIED MAIL NO. FSN:70102780000105815669 CERTIFIED MAIL NO. FSN2:70122210000098734507 The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2005 -13 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298* CERTIFIED MAIL NO. NOI: 71969009843000613578 CERTIFIED MAIL NO. FSN: 71969009843000616746 CERTIFIED MAIL NO. FSN2: 71969009843000636546 CURRENT RESIDENT 319 Shooting Star Drive Thayne, WY 83127 COSPkg 03G Certificate of Sale Hill 10- 04272RR Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000613653 CERTIFIED MAIL NO. FSN: 71969009843000616753 CERTIFIED MAIL NO. FSN2: 71969009843000636553 Randal Hill 319 Shooting Star Drive Thayne, WY 83127* CERTIFIED MAIL NO, NOI: 71969009843000613592 CERTIFIED MAIL NO. FSN: 71969009843000616760 CERTIFIED MAIL NO. FSN2: 71969009843000636560 Randal Hill PO Box 4163 Bedford, WY 83112 -0163 CERTIFIED MAIL NO. NOI: 71969009843000613608 CERTIFIED MAIL NO. FSN: 71969009843000616777 CERTIFIED MAIL NO. FSN2: 71969009843000636577 Diana Hill aka Diana M. Allen 319 Shooting Star Drive Thayne, WY 83127* 3. That the date of mailing of Mortgage was October 11, 2012 and the d of foreclosure sale was October 25, 2012. 13, 2012. State of Wyoming County of Natrona rd This instrument was acknowledged before me on day ofcJQnUG►1- 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LLC. NO TAEY Si TT' OF COUNTY OF R�GVI1;: i_xpiws 1'w llY is.vKf:IM[Y. 6b1ZN:Cfpi'%� P _.f. My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. J Iatricia Ann ichitsch- The Castle La Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Signat Title (and Rank CERTIFIED MAIL NO. NOI: 71969009843000613615 CERTIFIED MAIL NO. FSN: 71969009843000616784 CERTIFIED MAIL NO. FSN2: 71969009843000636584 Diana Hill aka Diana M. Allen PO Box 4163 Bedford, WY 83112 -0163 CERTIFIED MAIL NO. NOI: 71969009843000613622 CERTIFIED MAIL NO. FSN: 71969009843000616791 CERTIFIED MAIL NO. FSN2: 71969009843000636591 Diana Hill aka Diana M. Allen 1350 Midway #3 Idaho Falls, ID 83406* CERTIFIED MAIL NO. NOI: 71969009843000613639 CERTIFIED MAIL NO. FSN: 71969009843000616807 CERTIFIED MAIL NO. FSN2: 71969009843000636607 Shooting Star Subdivision Owner's Association, Inc. PO Box 1201 Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000613646 CERTIFIED MAIL NO. FSN: 71969009843000616814 CERTIFIED MAIL NO. FSN2: 71969009843000636614 1st Bank PO Box 1620 Afton, WY 83110 the notice of intent to foreclose the ate of the first publication of the notice Re- publication began on December Certificate of Sale Hill 10- 04272RR Page 5 of 7 0036 sot 0 le m a e,• se400 O $43 t 1 6 wh X2 04 er a ttce ini em ount�of 7 f tt orney s fee er the cite of ode 0 advo oat M� ano of $23 a r other 'sub PUB iS Dec ;1 "2i KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg '27, Jan. 3 2 I n j o tlt�ei u ne rp 9 f sale" lining the pf7thepatdprincipalPbal sect cute of the first publication ot us o er�cos m a amo �n 7 6 1 1 h t th h t ss expended, and accrwng tntereSt i 3 PUBLISHER'S AFFIDAVIT aveand`n e debt secured' orproceedin ;c of:this notice of sale;, 0,'4,00 0.94 s Of ti tle be ore of Inc. A0., cke`d wilt "have theM gage ortgaged property'tobe ork'as' eFtih 0 5 713 LLC te•202 :09-1;0 3' '4' EXHIBIT B 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 day of 1)P..� P Vht,'4,6) 20 \Z and the last publication being on the 3 day of KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 1?) and that said advertiseme appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jens =n, ublisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i'' STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this .3 day of A.D., 20 13 Notary Sig Certificate of Sale Hill 10- 04272RR Page 6 of 7 003E 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 The Castle Law Group, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That The Castle Law Group, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $5,126.75 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 The Castle Law Group, 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 AFFIANZ- SAYE73 NAUGHT. atricia An Michitsc The Castle La Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona The Castle Law Group, LLC My commission expires: t 41_6 COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee FTPDD x 4 PUB COST FSN 10 -25 -12 PUB COST FSN2 12 -13 -12 NOPP Letter Fee Conduct Sale Fee Record Cert. of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed Previous File Total $5,126.75 f'd day of n Art EXHIBIT C AFFIDAVIT OF ATTORNEY SS This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of of nottaritI r T (Sig Title (and Ran 600.00 155.25 350.00 481.80 486.40 35.00 50.00 26.00 11.00 10.00 10.00 2,911.30 u3G Certificate of Sale Hill 10- 04272RR Page 7 of 7