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HomeMy WebLinkAbout970395177339 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 August 6, 2007, executed and delivered by Karl B. Yost and Lois K. Yost to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender, its successors and assigns and (b) that certain mortgage dated August 6, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on August 7, 2007, at Reception No. 931950 in Book 668 at Page 228 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: COSPkg LOT TWELVE (12) OF STAR VALLEY RANCH PLAT 3, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED MARCH 3, 1971 AS MAP NUMBER 176 AND DOCUMENT NUMBER 428885 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY. with an address of 243 Aspen Way, 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: February 11, 2013 Assignment recorded: February 21, 2013 Assignment recording information: at Reception No. 969616 in Book 805 at Page 258 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. RECEIVED 4/9/2013 at 10:14 AM RECEIVING 970395 BOOK: 808 PAGE: 709 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Yost 13 -00591 Page 1 of 7 0' )09 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 March 14, 2013 issue of said newspaper and ending with the April 4, 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 April 9, 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 $255,252.38 "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 $2,646.04 is to be paid to The Castle LawGroup, 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 Yost 13 -00591 Page 2 of 7 ,0710 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 April 9, 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 9th day of April 2013. STATE OF COUNTY OF My Commission Expires: COSPkg WYOMING LINCOLN By: ACKNOWLEDGMENT SS Witness my hand and official seal. ..1/ NOiary Public WHITNEY HYSELL ;ounty ci incoln My Commission Expires NOTARY PUBLIC State of Wyoming 1, :2 O M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Doug Roberts Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts Deputy Sheriff of Lincoln County, State of Wyoming, this 9th April 2013. uce sir 0' 11 day of Certificate of Sale Yost 13 -00591 Page3of7 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: 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 August 6, 2007 (the "Mortgage and recorded on August 7, 2007, at Reception No. 931950 in Book 668 at Page 228 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 Karl B. Yost and Lois K. Yost "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: February 11, 2013 Assignment recorded: February 21, 2013 Assignment recording information: at Reception No. 969616 in Book 805 at Page 258 All in the records of the County Clerk and ex- officio Regi.ster 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: 71969009843000672896 CERTIFIED MAIL NO. FSN: 71969009843000674890 Federal National Mortgage Association PO Box 8517 Portland, OR 97207* CERTIFIED MAIL NO. NOI: 71969009843000672902 CERTIFIED MAIL NO. FSN: 71969009843000674906 CURRENT RESIDENT 243 Aspen Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000672919 CERTIFIED MAIL NO. FSN: 71969009843000674920 Karl B. Yost 243 Aspen Way Thayne, WY 83127* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000672926 CERTIFIED MAIL NO. FSN: 71969009843000674937 Karl B. Yost P.O. Box 748 Wauna, WA 98395 CERTIFIED MAIL NO. NOI: 71969009843000672933 CERTIFIED MAIL NO. FSN: 71969009843000674944 Karl B. Yost P.O. Box 7813 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000672940 CERTIFIED MAIL NO. FSN: 71969009843000674951 Karl B. Yost 3201 Singletree Dr. Jackson, WY 83001 Certificate of Sale Yost 13 -00591 Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000672957 CERTIFIED MAIL NO. FSN: 71969009843000674968 Lois K. Yost 243 Aspen Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000672964 CERTIFIED MAIL NO. FSN: 71969009843000674975 Lois K. Yost P.O. Box 748 Wauna, WA 98395 CERTIFIED MAIL NO. NOI: 71969009843000672971 CERTIFIED MAIL NO. FSN: 71969009843000674982 Bank ofAmerica, N.A. BAC, M /C: CA6- 914 -01 -43 1800 Tapo Canyan Road Siini Valley, CA 93063 CERTIFIED MAIL NO. NOI: 71969009843000672988 CERTIFIED MAIL NO. FSN: 71969009843000674999 Batik of Jackson Hole 990 West Broadway P.O. Box 7000 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000672995 CERTIFIED MAIL NO. FSN: 71969009843000675002 State of Wyoming Department of Employment Unemployment Tax Division P.O. Box 2760 Casper, WY 82602 CERTIFIED MAIL NO. NOI: 71969009843000673008 CERTIFIED MAIL NO. FSN: 71969009843000675019 Star Valley Ranch Owners Assocation ATTN: Tallia Booker HC62 Box 7008 Star Valley Ranch, WY 83127 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 28, 2013 and the date of the first publication of the notice of foreclosure sale was March 14, 2013. State of Wyoming County of Natrona This i strument was acknowledged before me on day of 2013 by Pa i;icia Anne Michitsch as attorney of The Castle Law Group, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA M Commission Ex. Tres Jan 19, 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. //0/ )-61-5--- y Patricia ne Michi ch The Castle aw Group, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 of notargaI 9ffjter) Title (and Rarik) Certificate of Sale Yost 13 -00591 Page 5 of 7 interest bas occ 4t b� o a p o s note ot d real estate mort A t August t6, �00'7& wasa ex ecut tl sar e�de a u$ Y "ost (f`,lYl ortgagor(s).'' to w.. Ogg Mortgage Electronic Registration Systems, Inc., as nominee for Country- wide Loans, Inc. dba America's Wholesale Lender, its successors and assigns, as security for the Note of the same date, and said Mor was recorded on August 7, 2007, at Reception No. 931950 in B;o at Page 228 in the records the of the County ClerI Register of Deeds' in and` for Lincoln County, State''of W REAS,, }the mortgagee was assigned for value as Assignee: Federal National Mortgage Association Assignment dated: February 11, 2013 a'rgn lent recorded: February 21! 2013 Assignment recording information atReception No. 969616 in 805 a'tPage Alt in the records of the County Clerk and ex -officio Register ofDi in an Afor Lincoln County, Wyoming, W RI AS, the Mortgage contains x alpower of sale whit of said default, t1 e Mortgagee declares,to�havebecome operative, and n suit or'.proeeeding has been instituted atlaw to recover the debt secured by the Mortgage, or' any part thereof, nor has any such suitor proceeding been instituted and the same discontinued;; and WHE EAS, ;written, notice of intent to. foreclose the Mortgage by adverpise an d sale has been served upon the record owner and the party possession of the mortgaged premi ses at least teni(1,0) days prior to thegcomniencement of this publication; and the amount due upon the Mortgae on the date of firstpublication of, this notice of sale being, the 4,40 s e t 253 whlo hs4!�? cosist f� he „nnpaidkppncrp ;bal- its interest aQ e to"the, to of the first pu lbation. `522.4 p u in s other cost* the a cunt es,')costs ex` ended, and accruing Jaterest 44' '44 tice is upon may tie s b et t to tguis a status o title pore KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming lattonal Mortgage Association' l have the; Mortgage foreclosed as by pro la,w gaged prilperty to be sold f at p ublie venue b tl�ie; iff 1ii,nd for Lincoln County, Wyoming to "the 1 aid :9 1 :c01:4 6 tC in the forelnoonton;April`9, 20 Lincoln County yCourthouse 1ocated at 925 ,5 'ge, F, >tin�theKaboi° -t RANCH PLAT 3, LINCOLN ,ESC THE OFFICIAL ORDE1 MARC4 3 1971'AS' NUMBER 176`` 5,' NUMBER 428885 IN THE'OFHCE OF THE CLIP es‘ of 243 Aspen W ay, 'Tliayne, WY 83127. i thereon situate and all fixtures and ereto. Federal National Mortgage Association By: The Castle Law. Group, LLC 330 S. Waist Drive, Ste; Casper, WY. 8260 (307) 333.5379 Anri14, 201 3 (13- 00591) 0314C COSPkg PUBLISHER'S AFFIDAVIT EXHIBIT B 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 e /z 20 i day of and the last pug tcation bei g on the day of j 20 and that said a.vertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING MY COMMISSION: EXPIRES S/5/t6 sen, ublisher ViUS Michael le Subscribed in my presence and sworn to before me this by Micha Notary Signat day of A.D., 20 Publisher. Certificate of Sale Yost 13 -00591 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 $2,646.04 as compensation for services actually rendered in the foreclosure proceeding. day of The Castle Law COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Record AOM PUB COST FSN 3 -14 -13 Title Update Sale Attendance Fee Record Cert. of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed Total $2,646.04 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 AF {(ANT SAY&TH NAUGHT. State of Wyoming County of Natrona This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of roup, LLC. NOTARY PUBLIC i -LLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA v Commission Ex ices Jan 19, 2016 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY SS 1 By: Patricia nne Michi The Cast!, Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and R. k) 1,000.00 870.00 146.64 486.40 11.00 25.00 50.00 26.00 11.00 10.00 10.00 Certificate of Sale Yost 13 -00591 Page 7 of 7 otrWi