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HomeMy WebLinkAbout969777141964 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 March 19, 2008, executed and delivered by Gary Nagel and Ellen Maxfield to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank, N.A., its successors and assigns and (b) that certain mortgage dated March 19, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 21, 2008, at Reception No. 937744 in Book 690 at Page 175 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 82 OF PRATER CANYON ESTATES, UNIT NO. 1, LINCOLN COUNTY, WYOMING AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED OCTOBER 3, 1967, AS RECEIVING NO. 404249, IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY, WYOMING AS PLAT NO. 166 with an address of 43 East Elkhorn Drive, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: May 23, 2011 Assignment recorded: June 6, 2011 Assignment recording information: in Book 767 at Page 589 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, Federal National Mortgage 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 COSPkg RECEIVED 3/5/2013 at 10:59 AM RECEIVING 969777 BOOK: 806 PAGE: 108 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Nagel 13 -00398 Page 1 of 7 00108 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the February 7, 2013 issue of said newspaper and ending with the February 28, 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 March 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 $316,315.50 "Bid Sum which was bid and offered by Federal National Mortgage 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 $2,695.14 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 00109 Certificate of Sale Nagel 13 -00398 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 March 5, 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 5th day of March 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Sheriff in and for Lincoln County, State of Wyoming SS Title: ACKNOWLEDGMENT Witness my hand and official seal, County of Lincoln My Commission Expires M. Shane Johnson Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 5th day of March 2013. X. �'t.. Notary Public Certificate of Sale Nagel 13 -00398 Page 3 of 7 0011.0 STATE OF WYOMING COUNTY OF NATRONA COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000656605 CERTIFIED MAIL NO. FSN: 71969009843000659446 Federal National Mortgage Association PO Box 8517 Portland, OR 97207* CERTIFIED MAIL NO. NOI: 71969009843000656612 CERTIFIED MAIL NO. FSN: 71969009843000659453 CURRENT RESIDENT 43 East Elkhorn Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000656629 CERTIFIED MAIL NO. FSN: 71969009843000659460 Gary Nagel aka Gaiy E. Nagel 43 East Elkhorn Drive Thayne, WY 83127* SS 00111 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 March 19, 2008 (the "Mortgage and recorded on March 21, 2008, at Reception No. 937744 in Book 690 at Page 175 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 Gary Nagel and Ellen Maxfield "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loans, a Division of First Tennessee Bank, N.A., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: May 23, 2011 Assignment recorded: June 6, 2011 Assignment recording information: in Book 767 at Page 589 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: Certificate of Sale Nagel 13 -00398 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000656636 CERTIFIED MAIL NO. FSN: 71969009843000659477 Ellen Maxfield aka Ellen J. Maxfield 43 East Elkhorn Drive Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000656643 CERTIFIED MAIL NO. FSN: 71969009843000659484 Gary Nagel aka Gary E. Nagel P.O. Box 5416 Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000656650 CERTIFIED MAIL NO. FSN: 71969009843000659491 Ellen Maxfield aka Ellen J. Maxfield P.O. Box 5416 Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000656667 CERTIFIED MAIL NO. FSN: 71969009843000659507 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 CERTIFIED MAIL NO. NOI: 71969009843000656674 CERTIFIED MAIL NO. FSN: 71969009843000659514 First Horizon Horne Loans 4000 Horizon Way Irving, TX 75063 CERTIFIED MAIL NO. NOI: 71969009843000656681 CERTIFIED MAIL NO. FSN: 71969009843000659521 State of Wyoming, Dept. of Emp. Unemployment Tax Division 1510 East Pershing Cheyenne, WY 82001 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 22, 2013 and the date of the first publication of the notice of foreclosure sale was February 7, 2013. State of Wyoming County of Natrona fa; day of The Castle Law Group, LL NOTARY Ptl31.IC KELLEY L I�IZEL,ICI# STATE OF WYOMING OF NATRONA Expires •d 9, COSPkg FURTHER AFFIANT SAYETH NAUGHT. KEG ARZ S G C NA My Cornmissi 2015 My commission expires: y: atricia An Michitsch The Castle La Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Pat is Anne Michitsch as attorney of Certificate of Sale Nagel 13 -00398 Page 5 of 7 00112 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 767" „at Page 589E fficio Regi`ster`oJ iSH: Fob. ^7,'"1 "4; 21.28. 20 +<"(1 0(1398)R) `jx''; 020714 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 7 day of and the last publication bei day of and that said advertisement :ppeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Notary Sig V�l4ar.d o ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before e on this �Q day of A.D., 20 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 00113 Certificate of Sale Nagel 13 -00398 Page 6 of 7 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 $2,695.14 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 2 -7 -13 Title Update Sale Attendance Fee Sheriff's Fee Sale Sheriffs Fee Deed Record Cert. of Sale Record Sheriffs Deed Total $2,695.14 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 AFFI A'`EH NAUGHT. BY: Patricia An /e Michitsch The Castle La Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona day of The Castle Law Group, L COSPkg This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of ■01:ARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19, 2015 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY /`o ir SS Title (and Ra 1,000.00 970.00 106.74 486.40 25.00 50.00 10.00 10.00 26.00 11.00 ignatur f notar's offf Certificate of Sale Nagel 13 -00398 Page 7of7 00114