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HomeMy WebLinkAbout96898116288 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 July 12, 2006, executed and delivered by Jim Henderson aka James M. Henderson and Jolene Henderson to Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit, its successors and assigsn and (b) that certain mortgage dated July 12, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 24, 2006, at Reception No. 920542 in Book 627 at Page 335 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: LOTS 7 AND 8 OF BLOCK 1 OF ALLEMAN 2ND ADDITION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 332B FILED ON NOVEMBER 29, 1989 AS INSTRUMENT NO. 711017 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 341 4th Street, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 23, 2010 Assignment recorded: July 7, 2010 Assignment recording information: at Reception No. 954259 in Book 750 at Page 200 Assignee: Wells Fargo Bank, N.A. Assignment dated: August 1, 2012 Assignment recorded: August 10, 2012 Assignment recording information: at Reception No. 966097 in Book 791 at Page 301 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 been made operative by reason of such "Mortgagee elected to foreclose the same Mortgagee a written notice of the intention to COSPkg RECEIVED 1/10/2013 at 2:45 PM RECEIVING 968981 BOOK: 802 PAGE: 524 JEANNE WAGNER I IN(.fI N irni INTY (I FPI( IVFIIAl1AFDFD lnly contained in the Mortgage having default, Wells Fargo Bank, N.A. and at the request and direction of foreclose the Mortgage was served Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 1 of 7 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 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 $190,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $2,643.05 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 00 Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 2 of 7 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 My Commission Expir COSPkg COUNN or uNC rr q MY Comm �ssun ACKNOWLEDGMENT SS Witness my hand and official sea M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: ,L Print N e: John P. Stetzenbach Title: Deputy Sheriff 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. Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 3 of 7 00v2P, 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 July 12, 2006 (the "Mortgage and recorded on July 24, 2006, at Reception No. 920542 in Book 627 at Page 335 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 Jim Henderson aka James M. Henderson and Jolene Henderson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit, its successors and assigsn is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 23, 2010 Assignment recorded: July 7, 2010 Assignment recording information: at Reception No. 954259 in Book 750 at Page 200 Assignee: Wells Fargo Bank, N.A. Assignment dated: August 1, 2012 Assignment recorded: August 10, 2012 Assignment recording information: at Reception No. 966097 in Book 791 at Page 301 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:NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN2: NOT SENT PER CLEINT REQUEST Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* COSPkg Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 4 of 7 00527 CERTIFIED MAIL NO. NOI: 71969009843000607607 CERTIFIED MAIL NO. FSN: 71969009843000612595 CERTIFIED MAIL NO. FSN2: 71969009843000636744 CURRENT RESIDENT 341 4th Street La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000607614 CERTIFIED MAIL NO. FSN: 71969009843000612601 CERTIFIED MAIL NO. FSN2: 71969009843000636751 Jim Henderson aka James M. Henderson 341 4th Street LaBarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000607621 CERTIFIED MAIL NO. FSN: 71969009843000612618 CERTIFIED MAIL NO. FSN2: 71969009843000636768 Jim Henderson aka James M. Henderson PO Box 439 La Barge, WY 83123 -0439 CERTIFIED MAIL NO. NOI: 71969009843000607638 CERTIFIED MAIL NO. FSN: 71969009843000612625 CERTIFIED MAIL NO. FSN2: 71969009843000636775 Jim Henderson aka James M. Henderson 431 4th Ave La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000607645 CERTIFIED MAIL NO. FSN: 71969009843000612632 CERTIFIED MAIL NO. FSN2: 71969009843000636782 Jim Henderson aka James M. Henderson 336 Hobit Holy Drive 3 Douglas, WY 82633* CERTIFIED MAIL NO. NOI: 71969009843000607652 CERTIFIED MAIL NO. FSN: 71969009843000612649 CERTIFIED MAIL NO. FSN2: 71969009843000636799 Jolene Henderson 341 4th Street La Barge, WY 83123* 3. That the date of mailing of the Notice of Intent to foreclose the Mortgage was October 11, 2012 and the date of the first publication of the notice of foreclosure sale was October 18, 2012. Re- publication began on December 13, 2012. State of Wyoming County of Natrona 3 rd day o The Castle Law Group, L My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY Pi i t '.;r >aAI L DA; ��1111� C I rr, prtrW sioit 'H+4': ,�...✓A rAK�i'K3 X' Ma(b�¢f -eK Ct..,r. CERTIFIED MAIL NO. NOI: 71969009843000607652 CERTIFIED MAIL NO. FSN: 71969009843000612649 CERTIFIED MAIL NO. FSN2: 71969009843000636799 Jolene Henderson PO Box 439 La Barge, WY 83123 -0439 CERTIFIED MAIL NO. NOI: 71969009843000607676 CERTIFIED MAIL NO. FSN: 71969009843000612663 CERTIFIED MAIL NO. FSN2: 71969009843000636812 Jolene Henderson 431 4th Ave La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000607683 CERTIFIED MAIL NO. FSN: 71969009843000612670 CERTIFIED MAIL NO. FSN2: 71969009843000636829 Jolene Henderson 336 Hobit Holly Drive 3 Douglas, WY 82633* BY: Patricia Anne'Michi s The Castle Law Group, LLC 330 So. Wal4h Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on n 2013 by Patricia Anne Michitsch as attorney of Aos BarniLd (SignaYuXee f nottaria0tflic k Title (and Rank) 00528 Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT cioRe son i nc d. 213J 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 consecutive issues /weeks; the first publication being on the 13 day of (2J-2 20 I x and the last publication being on the day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) in KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 20 Michae en, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i�' STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this day of A.D., 20 13 Notary Sig .;ture Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 6 of 7 29 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona day of COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 10 -18 -12 Postponement Fee PUB COST FSN2 12 -13 -12 Conduct Sale Fee Record Cert. of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed Record Assign of Cert. of Sale FTP Update The Castle La roup, My commission expires: 17 91 ),a/S' 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 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 $2,643.05 as compensation for services actually rendered in the foreclosure proceeding. d Title (and Ran 700.00 745.00 155.25 248.20 150.00 501.60 50.00 26.00 11.00 10.00 10.00 11.00 25.00 Total $2,643.05 0053 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 AFF1ANTSAETH NAUGHT. /4( )24/ Patri 'a Anne itsch The Ca e Law Group, LLC 330 o. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Patricia Anne Mi ''tsch as attorney of Certificate of Sale Henderson aka James M. Henderson 12 -11633 Page 7of7