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Home My WebLink About96933217245 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 June 15, 2006, executed and delivered by Timothy D Heggenstaller and Jennifer M Heggenstaller to Mortgage Electronic Registration Systems, Inc., as nominee for Ditech.com f /k/a Ditech.com, Inc., its successors and assigns and (b) that certain mortgage dated June 15, 2006 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 14, 2006, at Reception No. 920232 in Book 626 at Page 370 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 27 OF BLOCK 37 OF GLEN KENNINGTON ETAL ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 240 East 8th Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: August 30, 2011 Assignment recorded: September 9, 2011 Assignment recording information: at Reception No. 960912 in Book 772 at Page 569 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, Nationstar Mortgage LLC "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 RECEIVED 2/5/2013 at 11:12 AM RECEIVING 969332 BOOK: 804 PAGE: 26 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Heggenstaller 12 -13995 Page 1 of 7 00020 four (4) consecutive weeks, commencing with the January 10, 2013 issue of said newspaper and ending with the January 31, 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 February 5, 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 $132,679.84 "Bid Sum which was bid and offered by Nationstar Mortgage LLC "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 $1,957.70 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 Heggenstaller 12 -13995 Page 2 of 7 000 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 February 5, 2013, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 5th day of February 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg DATED at Kemmerer, Lincoln County, State of Wyoming, this By: ACKNOWLEDGMENT SS The foregoing instrument was subscribed ir} m presenc acknowledged before me by Deputy Sheriff of Lincoln County, State of Wyoming, this February 2013. Witness my hand and official seal. 111 WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln t. Wyoming My Commission Expires 1 Z M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Title: '0 Op �t Notary Public Certificate of Sale Heggenstaller 12 -13995 Page 3 of 7 002'P) copy -vo(t 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 The Castle Law Group, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated June 15, 2006 (the "Mortgage and recorded on July 14, 2006, at Reception No. 920232 in Book 626 at Page 370 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 Timothy D Heggenstaller and Jennifer M Heggenstaller "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Ditech.com f /k/a Ditech.com, Inc., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: August 30, 2011 Assignment recorded: September 9, 2011 Assignment recording information: at Reception No. 960912 in Book 772 at Page 569 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: 71969009843000645197 CERTIFIED MAIL NO. FSN: 71969009843000647504 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* CERTIFIED MAIL NO. NOI: 71969009843000645203 CERTIFIED MAIL NO. FSN: 71969009843000647511 CURRENT RESIDENT 240 East 8th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000645210 CERTIFIED MAIL NO. FSN: 71969009843000647528 Timothy D. Heggenstaller 240 East 8th Avenue Afton, WY 83110* q: \docs_cas2K \wy \Mailing.doc EXHIBIT A SS 00029 Heggenstaller 12 -13995 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000645227 CERTIFIED MAIL NO. FSN: 71969009843000647535 Timothy D. Heggenstaller P.O. Box 151 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000645234 CERTIFIED MAIL NO. FSN: 71969009843000647542 Jennifer Heggenstaller 240 East 8th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000645319 CERTIFIED MAIL NO. FSN: 71969009843000647559 Jennifer Heggenstaller P.O. Box 151 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000645678 CERTIFIED MAIL NO. FSN: 71969009843000647566 Wyoming Dept. of Revenue Excise Tax Division 122 West 25th Street, 2 -West Cheyenne, Wyoming 82002 -0110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was December 27, 2012 and the date of the first publication of the notice of foreclosure sale was January 10, 2013. State of Wyoming County of Natrona 2 day of The Castle Lava FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA My Commission Ex ires Jan 19, 2015 My commission expires: */.44:V:S' q: \docs_cas2K \wy \Mailing.doc 8y: atriciaJd ne Mi i sch The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Pat 'cia Anne Mic itsch as attorney of (Si nature notarial o Title and Rank) 000 3 Heggenstaller 12 -13995 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming q:\docs_caszrc\wy \Malung.aoc 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 pulAcation being on the i® day of and the last day of ublicatiori KEMMERER, WYOMING 20 1 eing on the �I 20 13 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael J: ns =n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION WIRES 5/5/16 Subscribed in my presence and sworn to beforeyne -e- is J clay of b Mic ael Je -n, Publish Notary Sign. re STATE OF WYOMING )ss. COUNTY OF LINCOLN Heggenstaller 12 -13995 Page 6 of 7 00031 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 $1,957.70 as compensation for services actually rendered in the foreclosure proceeding. 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of The Castle Law Group, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFFIANT SAY.ETH NAUGHT State of Wyoming County of Natrona 2/SP day of The Castle La ''nom$ NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING NATRONA _My eornmission Ex ires Jan 19, 2015 My commission e Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 1 -10 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Assn of Cert of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $1,957.70 q: \docs_cas2K \wy \Mailing.doc EXHIBIT C AFFIDAVIT OF ATTORNEY SS 8y: Patricia ne Michits h The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank) 600.00 663.00 80.50 471.20 25.00 50.00 26.00 11.00 11.00 10.00 10.00 '''.1 e ,o '",/j e e ff/ This instrument was acknowledged before me on 2013 by Patricia Ann- ichitsch as attorney of e,..oLnotaria o O003 Heggenstaller 12 -13995 Page 7 of 7