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HomeMy WebLinkAbout970025170034 STATE OF WYOMING COUNTY OF LINCOLN 753 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 June 11, 2004, executed and delivered by Tom N. Nelson and Deborah A. Lynch to Argent Mortgage Company, LLC and (b) that certain mortgage dated June 11, 2004 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 17, 2004, at Reception No. 900265 in Book 559 at Page 241 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 20 OF THE VIOLA SUBDIVISION PHASE NO. 1, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 188 Big Spring Drive, La Barge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: CitiFinancial Mortgage Company, Inc. Assignment dated: April 11, 2005 Assignment recorded: April 11, 2005 Assignment recording information: at Reception No. 907573 in Book 582 at Page 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, CitiMortgage, Inc., successor by merger to CitiFinancial Mortgage Company, Inc. "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 four (4) consecutive weeks, commencing with the February 21, 2013 issue of RECEIVED 3/19/2013 at 10:39 AM RECEIVING 970025 BOOK: 807 PAGE: 139 JEANNE WAGNER LINCOLN COUNT RK, KEMMERER, WY Certificate of Sale Nelson 13 -00571 Page 1 of 7 001.39 said newspaper and ending with the March 14, 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 19, 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 $121,662.52 "Bid Sum which was bid and offered by CitiMortgage, Inc., successor by merger to CitiFinancial Mortgage Company, Inc. "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 $2,055.08 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 Nelson 13 -00571 Page 2 of 7 00110 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 19, 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 19th day of March 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln 1 Wyoming My Commission Expi es 1 �.'C COS Pkg By: ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print'Nanle: John P. Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by John P. Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 19th day of March 2013. Witness my hand and official seal. Notary Public k Certificate of Sale Nelson 13 -00571 Page3of7 00141 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 11, 2004 (the "Mortgage and recorded on June 17, 2004, at Reception No. 900265 in Book 559 at Page 241 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 Tom N. Nelson and Deborah A. Lynch "Mortgagor(s) the named mortgagor(s), and Argent Mortgage Company, LLC is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiFinancial Mortgage Company, Inc. Assignment dated: April 11, 2005 Assignment recorded: April 11, 2005 Assignment recording information: at Reception No. 907573 in Book 582 at Page 753 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: 71969009843000664204 CERTIFIED MAIL NO. FSN: 71969009843000665591 CitiMortgage, Inc., successor by merger to CitiFinancial Mortgage Company, Inc. 1000 Technology Drive, MS 314 0 Fallon, MO 63368 -2240 CERTIFIED MAIL NO. NOI: 71969009843000664211 CERTIFIED MAIL NO. FSN: 71969009843000665607 CURRENT RESIDENT 188 Big Spring Drive La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000664228 CERTIFIED MAIL NO. FSN: 71969009843000665614 Estate of Torn N Nelson 188 Big Spring Drive La Barge, WY 83123* COSPkg EXHIBIT A SS CERTIFIED MAIL NO. NOI: 71969009843000664235 CERTIFIED MAIL NO. FSN: 71969009843000665621 Estate of Tom N Nelson PO Box 227 La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 71969009843000664242 CERTIFIED MAIL NO. FSN: 71969009843000665638 Deborah A Lynch 188 Big Spring Drive La Barge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000664259 CERTIFIED MAIL NO. FSN: 71969009843000665645 Deborah A Lynch PO Box 227 La Barge, WY 83123 Certificate of Sale Nelson 13 -00571 Page 4 of 7 00 :1.42 CERTIFIED MAIL NO. NOI: 71969009843000664266 CERTIFIED MAIL NO. FSN: 71969009843000665652 Deborah A Lynch PO Box 226 La Barge, WY 83123 CERTIFIED MAIL NO. NOI: 71969009843000664273 CERTIFIED MAIL NO. FSN: 71969009843000665669 1st Bank 716 Pine Avenue Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000664280 CERTIFIED MAIL NO. FSN: 71969009843000665676 Department of Revenue 122 West 25th Street, 2 West Cheyenne, WY 82002 -0110 CERTIFIED MAIL NO. NOI: 71969009843000664297 CERTIFIED MAIL NO. FSN: 71969009843000665683 Wyoming Workers' Safety Compensation 1510 East Pershing Blvd Cheyenne, WY 82002 CERTIFIED MAIL NO. NOI: 71969009843000664303 CERTIFIED MAIL NO. FSN: 71969009843000665690 State of Wyoming Department of Employment Unemployment Tax Division PO Box 2760 Casper, WY 82602 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 8, 2013 and the date of the first publication of the notice of foreclosure sale was February 21, 2013. State of Wyoming County of Natrona This in trument was acknowledged before me on day of(-,L, 2013 by Patricia nne kitsch as attorney of The Castle Law Group, LLC. FURTHER AFFIANT SAYETH NAUGHT. c �r? ei: r'rr:3 <�8.;�,.�t.' „:cyv.S�ET. Nr :2, I ANY Pi; SL.JC KELLEY L DREUCHARZ STATE OF WYOMING COUiTY OF NATRONA My Comn;is E=xpires Jan 19 2015 COSPkg My commission expires: L /7/0-6/s Title (and Ra CERTIFIED MAIL NO. NOI: 71969009843000664310 CERTIFIED MAIL NO. FSN: 71969009843000665706 Internal Revenue Service 1999 Boadway MS 5021DEN Attn: Technical Svc Gip. Mngr Denver, CO 80202 -2490 CERTIFIED MAIL NO. NOI: 71969009843000664327 CERTIFIED MAIL NO. FSN: 71969009843000665713 State of Wyoming Department of Workforce Services 122 West 25 Street, E #2 Cheyenne, WY 82002 CERTIFIED MAIL NO. NOI: 71969009843000664334 CERTIFIED MAIL NO. FSN: 71969009843000665720 CollectionCenter Wyoming 406 6 Street Rawlins, WY 82301 6%-„,r-cc /Patricia An Michit The Castle La Group, LLC 330 So. W sh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Nelson 13 -00571 Page 5 of 7 00143 date 900, PUB KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 582 at as a f p g c a 'ds of the Coi d ex officio Register of Deeds e 'dFL a "tQn �aS older ave bec° reco &any SUO I1 t t0� G ®CEOs ga was assigned for value as follows: at Mortgage Company, Inc. F7 0 n 11, 2005'` i ig information at'Reception No. 907573 in Book COSPkg igd 's} ecurtty for the Note of the`same on June 17, 2Q04 at' Reception' No. records of the,office'of the County s in,'anjd for Lincoln County, State o forecl on the ie own r an d c o g g" p o ses at least t en X10) dais prior ent of thi publication and tfie amount due upon the e�of first pub of thus notice of sale beingthe total the fu paid principarnalance coof rof at nation on' mortgaged' EXHIBIT B PUBLISHER'S AFFIDAVIT ss; and ge 0400 5379 4.2013 (13- 00571) 0221A 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 consecutive issues /weeks; the first publication being on the day of Ct) 20 3 and the last publication being on the tL(- day of cU t 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jens Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN h. WYOMING MY COMMISSION EXPIRES 5/5!18 Subscribed in my presence and sworn to before me on this 1ft day of ss .D., 20 t :4 1141, h' a Notary Si Certificate of Sale Nelson 13 -00571 Page 6 of 7 00144 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 $2,055.08 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 AFF A' NAUGHT. State of Wyoming County of Natrona /0-- day The Castle Law Group, LLC. NO iARY KELLEY L DREL.ICHARZ STATE OF WYOMMING COUNTY OF NATRONA WI)/ Commission Expires Jan 19, 2975 My commission expires: COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 2 -21 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriffs Fee Deed SS Total $2,055.08 /7A ofs" EXHIBIT C AFFIDAVIT OF ATTORNEY 42 tI y: Patricia ne Michitsch The Castle aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Ra 700.00 585.00 171.08 456.00 25.00 50.00 26.00 11.00 11.00 10.00 10.00 This in 'rument was acknowledged before me on 2013 by Patr" ia,Anne N kitsch as attorney of Certificate of Sale Nelson 13 -00571 Page 7 of 7 001.45