HomeMy WebLinkAbout969437167727
STATE OF WYOMING
COUNTY OF LINCOLN
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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.
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Certificate of Sale
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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:
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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*
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Certificate of Sale
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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.
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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
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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
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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
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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:
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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
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