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HomeMy WebLinkAbout969674COSPkg 1/0915 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 January 29, 2009, executed and delivered by Robin N. Wilson to Mortgage Electronic Registration Systems, Inc., as nominee for (Freedom Direct Corporation, its successors and assigns and (b) that certain mortgage dated January 29, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on February 2, 2009, at Reception No. 944991 in Book 714 at Page 262 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 74 OF PRATER CANYON ESTATES UNIT NO. 4, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 6, 1970 AS INSTRUMENT NO. 423838 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 52 Aztec Dr, Star Valley Ranch, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 00467 Assignee: JPMorgan Chase Bank, National Association Assignment dated: October 10, 2012 Assignment recorded: October 26, 2012 Assignment recording information: at Reception No. 967553 in Book 796 at Page 804 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, JPMorgan Chase Bank, National Association "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 2/26/2013 at 11:01 AM RECEIVING 969674 BOOK: 805 PAGE: 467 JEANNE WAGNER LINCOLN COUNTY CL FPx KEMMERER, WY Certificate of Sale Wilson 12 -13622 Page 1 of 8 four (4) consecutive weeks, commencing with the December 27, 2012 issue of said newspaper and ending with the January 17, 2013 issue thereof; and again once a week for five (5) consecutive weeks, commencing with the January 24, 2013 issue of said newspaper and ending with the February 21, 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 26, 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 $128,669.80 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National Association "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 $2,795.45 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 004G Certificate of Sale Wilson 12 -13622 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 26, 2013, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 26th DATED at Kemmerer Lincoln County, State of Wyoming, this re day of y 2013. STATE OF COUNTY OF WYOMING LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by .Tnhn p Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 26th day of February 2013. My Commission Expires: COSPkg By: Print ar e: Title: ACKNOWLEDGMENT SS M. Shane Johnson Witness my hand and official seal. r Notary Public WHITNEY HYSELL NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires 1 John P. Stetzenbach Deputy Sheriff 004E Sheriff in and for Lincoln County, State of Wyoming Certificate of Sale Wilson 12 -13622 Page 3 of 8 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 0 0 4 "d 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 January 29, 2009 (the "Mortgage and recorded on February 2, 2009, at Reception No. 944991 in Book 714 at Page 262 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 Robin N. Wilson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for IFreedom Direct Corporation, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: JPMorgan Chase Bank, National Association Assignment dated: October 10, 2012 Assignment recorded: October 26, 2012 Assignment recording information: at Reception No. 967553 in Book 796 at Page 804 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: 71969009843000639349 CERTIFIED MAIL NO. FSN: 71969009843000641816 CERTIFIED MAIL NO. NOPP: 71969009843000653536 JPMorgan Chase Bank, National Association 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000639356 CERTIFIED MAIL NO. FSN: 71969009843000641823 CERTIFIED MAIL NO. NOPP: 71969009843000653543 CURRENT RESIDENT 52 Aztec Dr Star Valley Ranch, WY 83127* COSPkg Certificate of Sale Wilson 12 -13622 Page 4of8 CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Robin N Wilson 52 Aztec Dr Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Robin N Wilson 9455 So Hwy 89 Jackson, WY 83001 NOI: 71969009843000639363 FSN: 71969009843000641830 NOPP: 71969009843000653550 83127* NOI: 71969009843000639370 FSN: 71969009843000641847 NOPP: 71969009843000653567 CERTIFIED MAIL NO. NOI: 71969009843000639387 CERTIFIED MAIL NO. FSN: 71969009843000641854 CERTIFIED MAIL NO. NOPP: 71969009843000653574 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 December 12, 2012 and the date of the first publication of the notice of foreclosure sale was December 27, 2012. State of Wyoming County of Natrona NC:MIRY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA My Commission Expires Jan 19, 2015 a�s.uwr� .ttxs�:rwAi tt4a My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. 1/194 o (Si ;u. y: P atricia A ne Michitsch The Castle w Group, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ran This instrument was acknowledged before me on J day of �L 2w� 2013 by Patricia Anne M Oitsch as attorney of The Castle Law Group, L nat .f notarial ffi er 004 Certificate of Sale Wilson 12 -13622 Page 5 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg PUBLISHER'S AFFIDAVIT i'ghest 013 5; S age abovg- ropery COLN EXHIBIT B by ichaei blish 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 cif Lincoln, in the State of Wyoming, and that said newspaper has a general dirculation 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; Z7 the first ublication being on the Z7 day of eumf g`V 20 IZ and the last ublication being on the 0 day of eCOAX 20 Lei and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen ROSEMARY CAPELLEN NOTARY PUBLIC COUNT( OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 1 4 day of otary Signat KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Publisher A.D,, 20 A 3 041'2 Certificate of Sale Wilson 12 -13622 Page 6 of 8 AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming erecords,pfi Co gun, MENT ecept o'naNq 9,67553 ing3ook p� yt ungA Statutes; Sec- ortgage ,f ounty. Cot e orenpon ourthous S of u'bject to; i the'`sale; Lew before PUBLISH. Jan. 24, 31, KEMMERER GAZETTE COSPkg 60940000. M f nom' X0,7 333t5379R 14, 21, 2013 (12- 13622'NOPP) 0124B EXHIBIT B PUBLISHER'S AFFIDAVIT Interest has oc- );dated Januarys ortgagor(s) as nominee for IF d assign °Mortg of the saute d ate secyring and delivered byjMortgagor(s)p ecorde in the, records of, the m and for Reception ue by Mort- +ns�u, ster of Deeds ortgage by e has; been e mortg Lion of thnotiee of sale; scribed a NO.4,FLINCOLN HE OFHCIAL :PLAT 23838,OF THE; 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 5 consecutive issues /weeks; the first publication being on the 24 day of L l 20 t3 and the last publi ation ng on the day of 1 20 f jj 3 and that said advertisement.ppeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jenen\ Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 515/16 Subscribed in my presence and sworn to before me on this day of by Michael nsen, Publi Notary Sign .t re 0, Certificate of Sale Wilson 12 -13622 Page 7 of 8 0 1 6 I 9 0 4 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona T r day of The Castle Law Group, COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 12 -27 -12 Title Update x 2 PUB COST NOPP 1 -24 -13 Sale Attendance Fee Record Cert of Sale Record Sheriff's Deed Record Special Warranty Deed Sheriffs Fee Sale Sheriffs Fee Deed SCRA Search x 6 84 i::l NOTARY PUBLIC KELLEY L DRELUCHARZ STATE OF WYOMING COUNTY OF NATRONA My Commic.rion Expira�s o)a^ 9 aa�xar =rar�.�a�o�.i:a'.mr.�'� 2015 My commission expires: 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 $2,795.45 as compensation for services actually rendered in the foreclosure proceeding. Total $2,795.45 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 AFFIA d Y/ e /5- AY_ETH NAUGHT. y: Patricia A n'e Michitsch' The Castle Lai Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 813.00 86.25 471.20 150.00 494.00 50.00 29.00 11.00 11.00 10.00 10.00 60.00 his instrument was acknowledged before me on 2013 by Pa cia Anne Michitsch as attorney of l Title (and Ran Certificate of Sale Wilson 12 -13622 Page 8 of 8