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HomeMy WebLinkAbout969437167727 STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 October 20, 2011, executed and delivered by David A. Stiver and Amanda S. Stiver to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Research Center LLC DBA VAMortgageCenter.com, its successors and assigns and (b) that certain mortgage dated October 20, 2011 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 21, 2011, at Reception No. 961524 in Book 774 at Page 810 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 7 OF PLEASANT ESTATES SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON NOVEMBER 17, 2006 AS INSTRUMENT NO. 924526 OF THE RECORDS OF THE LINCOLN COUNTY CLERK with an address of 912 Gales Way, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0030 1 Assignee: Wells Fargo Bank, N.A. Assignment dated: June 27, 2012 Assignment recorded: July 2, 2012 Assignment recording information: at Reception No. 965370 in Book 788 at Page 741 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, Wells Fargo Bank, N.A. "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 2/12/2013 at 10:25 AM RECEIVING 969437 BOOK: 804 PAGE: 383 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Stiver 12 -12701 Page 1 of 8 0038 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 29, 2012 issue of said newspaper and ending with the December 20, 2013 and again once a week for four (4) consecutive weeks, commencing with the January 17, 2013 issue of said newspaper and ending with the February 7, 2013 issue thereof issue thereof; that said notices were 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 notices 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 12, 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 $193,886.00 "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 $2,672.20 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 Stiver 12 -12701 Page 2 of 8 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 12, 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 12 th day of Februar 2013. STATE OF WYOMING COUNTY OF LINCOLN The foregoing acknowledged before me Deputy Sheriff of Lincoln February 2013. My Commission Expires: COSPkg ACKNOWLEDGMENT SS Witness my hand and official sel, WHITNEY HYSELL NOTARY PUBLIC County or State of Lincoln Wyoming Ic 11" My Commission Expires M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: 7 Print Name: Troy Jansen Title: Deputy Sheriff instrument was subscribed in my presence and by roy Jansen Y County, State of Wyoming, this Notary Public 12th day of 1 Certificate of Sale Stiver 12 -12701 Page 3 of 8 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: 00388 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 October 20, 2011 (the "Mortgage and recorded on October 21, 2011, at Reception No. 961524 in Book 774 at Page 810 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 David A. Stiver and Amanda S. Stiver "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Research Center LLC DBA VAMortgageCenter.com, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, N.A. Assignment dated: June 27, 2012 Assignment recorded: July 2, 2012 Assignment recording information: at Reception No. 965370 in Book 788 at Page 741 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 CERTIFIED MAIL NO. FSN:NOT SENT PER CLIENT CERTIFIED MAIL NO. NOPP: NOT SENT PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000628725 CERTIFIED MAIL NO. FSN: 71969009843000631473 CERTIFIED MAIL NO. NOPP: 71969009843000650184 CURRENT RESIDENT 912 Gales Way La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000628732 CERTIFIED MAIL NO. FSN: 71969009843000631480 CERTIFIED MAIL NO. NOPP: 71969009843000650191 David A Stiver 912 Gales Way La Barge, WY 83123* COSPkg Certificate of Sale Stiver 12 -12701 Page 4 of 8 CERTIFIED MAIL NO. NOI: 71969009843000628749 CERTIFIED MAIL NO. FSN: 71969009843000631497 CERTIFIED MAIL NO. NOPP: 71969009843000650207 David A Stiver 32021 41st Ave SW Federal Way, WA 98023 -2402* CERTIFIED MAIL NO. NOI: 71969009843000628756 CERTIFIED MAIL NO. FSN: 71969009843000631503 CERTIFIED MAIL NO. NOPP: 71969009843000650825 David A Stiver 816 Beech Ave #3 Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000628763 CERTIFIED MAIL NO. FSN: 71969009843000631510 CERTIFIED MAIL NO. NOPP: 71969009843000650214 Amanda S Stiver 912 Gales Way La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000628770 CERTIFIED MAIL NO. FSN: 71969009843000631527 CERTIFIED MAIL NO. NOPP: 71969009843000650221 Amanda S Stiver 32021 41st Ave SW Federal Way, WA 98023 -2402* CERTIFIED MAIL NO. NOI: 71969009843000628787 CERTIFIED MAIL NO. FSN: 71969009843000631534 CERTIFIED MAIL NO. NOPP: 71969009843000650238 Amanda S Stiver 816 Beech Ave #3 Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000628794 CERTIFIED MAIL NO. FSN: 71969009843000631541 CERTIFIED MAIL NO. NOPP: 71969009843000650245 Department of Veterans Affairs VA Regional Loan Center Box 25126 Denver, CO 80225 3. That the date of mailing of the notice of intent to foreclose the Mortgage was November 13, 2012 and the date of the first publication of the notice of foreclosure sale was January 17, 2013. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. T is instrument was acknowledged before me on '7 1/46 day of 2013 by P. ricia Anne Michitsch as attorney of The Castle Law Group, LLC. COSPkg NOTARY PUEIi..Is,: KELLEY L DRELUCHARZ STATE OF WYOMING COUNTY OF NATRONA Comrnisslon cx fires Jan 19, 2015 My commission expires: ,By: Patricia Anne ichits The Castle Law roup, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Rank 0030 Certificate of Sale Stiver 12 -12701 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B ni 1E51 IiC•LI I'o A mein A\/IT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 �Dikininh) and the I, t publication being on the 70 day of j1 ttwi L v 1J, 20 12 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/t6 Subscribed in my presence and sworn to before me on this 20 day of A.D., 20 12 by Mich -I Jensen, Publ's 030 v JL (a• Ia7o1 Certificate of Sale Stiver 12 -12701 Page 6 of 8 ver ;an cl a �,trattgn Syste A V prtgllgee its and assigns ("Mortgagee and a real estate mo aM ortgage" x of the;same date securing- the Note, which Mo c. a a nd el ed brys ortgagor(s) t0 M agee a; recorded to the records of the o ffice o e County Cl mKarc lJ''° `a lo nCounty State ofWyc �11in r° o ld' Co ty 1 'R officioeg�ste o a d 'Or me Co ot', yomi 1 ;'�w tt r n ee 4a x G o foreclose they or ag s e,,,RUrsuant to the terns. caf .the.,Mo ba ed upon the record owner and party in possession o the mortgag alses atleastten (10) days prior first` publication ofthe e,„ enty '4cover�ed by s A� gaff e is d s gibed ds O F PLEASANT ES; UBDI ISION, b C TY, C ,„OMING AS. DES ON TIDE OF KIAL P NO EMBER 1'7, 2006 A S "INSTR l NT NO: 924526 RECORDS OFrTHE Ia1NCOLNrCOIJNTY CLERK an y addre,ss of 912 Gale W Barge, 83123 ItLAS,`" the property "being foreclosed upon may, be subject .liens an enapinbrances. that "will a eating ed at.thess p pe ive purchaser should r r t CE S T 'EREBY GIVEN, pu 4;4 109. (2003) that the foredo Wed for January ^8, 2013, at? the o nse�located "at 925 SageAyenue Hof Wyoming has, he postponed iifItA l crier;° Lincoln ou to 10.00 "o'clock in th foreno n e 6� ountt tatk of KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT ROSEMARY CAPELLEN NOTARY PUBLIC COUNT/ OF t' STATE OF tINCUtJ1 WYOMING MY COMMISSION EXPIRES 515/14 Michael n, Publisher e 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 pu ication being on the 11- ,20 f- and the last ppbli ation b ing on the q 4,„,.' .0, A 20 I and that said advertisement eared in day of day of each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this by Michael Jensen, Pub otary Signa KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN day of D., 20 (3 Certificate of Sale Stiver 12 -12701 Page 7 of 8 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 $2,672.20 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Skip Trace PUB COST FSN 11 -29 -12 FTP Update x2 PUB COST NOPP 1 -17 -13 Sale Attendance Fee Record Cert. of Sale Sheriffs Fee Sale Sheriff's Fee Deed Record Special Warranty Deed Record Sheriff's Deed Total $2,672.20 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 SAYET NAUGHT. State of Wyoming County of Natrona "7 day of The Castle Law Group, LL NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Expires J as; 19, 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY (Si SS 600.00 835.00 138.00 20.00 438.00 125.00 395.20 50.00 29.00 10.00 10.00 11.00 11.00 ay: Patricia Anne Michitsc The Castle Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 T is instrument was acknowledged before me on 2013 by Patricia An Michitsch as attorney of at e offi Title (and Rank 9� t 0'0� Certificate of Sale Stiver 12 -12701 Page 8 of 8