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HomeMy WebLinkAbout970727louc551 STATE OF WYOMING COUNTY OF LINCOLN 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 March 18, 1998, executed and delivered by Mary M Fahringer to First Security Bank, N.A. and (b) that certain mortgage dated March 18, 1998 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 25, 1998, at Reception No. 849207 in Book 409PR at Page 410 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 51 OF STAR VALLEY RANCH PLAT 10, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT THEREOF. with an address of 180 Vista West 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: Mortgage Electronic Registration Systems, Inc. Assignment dated: January 31, 2001 Assignment recorded: February 20, 2001 Assignment recording information: at Reception No. 871598 in Book 459pr at Page 682 Assignee: Wells Fargo Bank, N.A. Assignment dated: December 21, 2012 Assignment recorded: December 27, 2012 Assignment recording information: at Reception No. 968717 in Book 801 PR at Page 420 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 4/30/2013 at 11:20 AM RECEIVING 970727 BOOK: 810 PAGE: 290 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Fahringer 13 -01150 Page 1 of 7 10290 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 April 4, 2013 issue of said newspaper and ending with the April 25, 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 30, 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 8. 1 "Bid Sum which was bid and, offered by Mi CVnct.2,i Mt g f Jenni R. ACW r T (2 kA A• da +ed L\unL 1 "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 $1,724.16 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 Fahringer 13 -01150 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 April 30, 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 30th day of April 2013. STATE OF WYOMING COUNTY OF LINCOLN 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 30th day of April 2013. My Commission Expires: COSPkg By: SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print me: John P. Stetzenbach Title: Deputy Sheriff ACKNOWLEDGMENT X1� (Z; -i/ Notary Public WHITNEY HYSHLL NOTARY PUBLIC County of State of incoln Wyomin My Commission Expires V I Certificate of Sale Fahringer 13 -01150 Page 3 of 7 o299 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 March 18, 1998 (the "Mortgage and recorded on March 25, 1998, at Reception No. 849207 in Book 409PR at Page 410 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 Mary M Fahringer "Mortgagor(s) the named mortgagor(s), and First Security Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment dated: January 31, 2001 Assignment recorded: February 20, 2001 Assignment recording information: at Reception No. 871598 in Book 459pr at Page 682 Assignee: Wells Fargo Bank, N.A. Assignment dated: December 21, 2012 Assignment recorded: December 27, 2012 Assignment recording information: at Reception No. 968717 in Book 801 PR at Page 420 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: Per Client Request Do Not Send CERTIFIED MAIL NO. FSN: Per Client Request Do Not Send Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000680853 CERTIFIED MAIL NO. FSN: 71969009843000683472 CURRENT RESIDENT 180 W Vista Drive Mayne, WY 83127* COSPkg Certificate of Sale Fahringer 13 -01150 Page4of7 CERTIFIED MAIL NO. NOI: 71969009843000680860 CERTIFIED MAIL NO. FSN: 71969009843000683489 Mary M. Fahringer 180 W Vista Drive Thayne, WY 83127* CERTIFIED MAIL NO. CERTIFIED MAIL NO. Mary M. Fahringer HC 62 Box 7175 Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO, Maly M. Fahringer P.O. Box 176 Thayne, WY 83127 NOI: 71969009843000680877 FSN: 71969009843000683496 83127 NOI: 71969009843000680884 FSN: 71969009843000683502 CERTIFIED MAIL NO. NOI: 71969009843000680891 CERTIFIED MAIL NO. FSN: 71969009843000683519 Wells Fargo Bank P.O. Box 31557 Billings, MT 59107 CERTIFIED MAIL NO. NOI: 71969009843000680907 CERTIFIED MAIL NO. FSN: 71969009843000683526 Wells Fargo Bank 1 Home Campus Des Moines, IA 50328 CERTIFIED MAIL NO. NOI: 71969009843000680914 CERTIFIED MAIL NO. FSN: 71969009843000683533 Portfolio Recovery Associates, LLC c/o Larry Harrington P.O. Box 51328 Casper, WY 82605 -1328 CERTIFIED MAIL NO. NOI: 71969009843000680921 CERTIFIED MAIL NO. FSN: 71969009843000683540 Lincoln County Treasurer P.O. Box 630 Keimnerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 20, 2013 and the date of the first publication of the notice of foreclosure sale was April 4, 2013. State of Wyoming County of Natrona This in trument was acknowledged before me on 5 of r 2013 by P. ricia Anne Michitsch as attorney of The Castle Law Gr p, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. h01ARY KELLEY" L ORELICHARZ STATE OF WYOMING COUNTY OF N /TRONA My Conic tlon E xofros J a n 10, 201 My commission expires: y: Patricia nne Mic`hitch The Castl aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Si Title (and Rank air -tur- of notarial •ffic-, Certificate of Sale Fahringer 13 -01150 Page 5 of 7 FO.., WILEREAS, d ono,. cLunder inoit, ere s foliows, F51 ana Together win appurtenances, KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg SA NOTICE r ryment gf principal an interest has of a promissory note ("Note") an 08 Tire, Mortgage ,date M 1 8, 1998, Was cr (Mortgagor(s)'') First fo Q ,of t he same d 4 .said 8 492 1 at Receptioti Noi records t he price of the, Coun y ids in a for Lincoln Co State the mortgage bus,as igtredy or value as follows y r, .q e,E.1 c omc',Registratton Systems, Inc. ent dated .January 31,,2001 lent recorded: F'ebruary 200 Assignment recording information at Reception No 87159$ in..Book 459pr atPage C82? As s i gne e; !W e� argoE�N Assigntiaent date December 21,.2012 Assia recgx ed December 27, 2012 Assigning t recor ng informatio at Reception No 968717 in Book 8.011'Rdat'Ilase:20 p p 1 Y k£ bounty l t e? bffic o Re inter of Deeds uitY Yo? g ortgago cant hs ow r f s c b ason ga€ee declares to oiler tve, ac no sti t ,ate to ecoyer the ebt cured erepf, or as such suitor proceeding e same discontinue e notice of intent to foreclose the Mortgage by e h I se a u n th eco o net an d the s been essionf o the mortgaged preen seNats],eastten prior cement of thi i publi,cati the arnount�du he 'he da e of first pub,tcutton H of thts,notice o sate l eipg.the ,`967.75 which sum,consists the unpaid principal bat 32 p lus 4 interestacciued to tine da*of the firs "he aunt of ,017 52 1u` other co is in tile amo t lus attorneys fees, costs expended,, and accruing terest and late chargek:aften the date of firs publtcahon of, s the notic of sale,; WHEREAS; The properly being' upon may b subject to other 1 en s l id encum brances that,wtll not he extinguished at ,sale. A ny ,pros e t} ve, purchaser should `researeh the status of title,before S b `AFORE 'Wells .Far N go A as the lklort page, ill y u i $oi e4�osed. a by aim prov by :Causing the m4 a ged F to b sold a »it e Teri or eputy a �Ye gh est'bidcierforsash e, orenoon o,4„,„ ,0, f8 at the front door, of ourthouse located at 925 Sage Avenue Kem merer ty, for appP•cation k on the- above describedk`amounts rkgage said mortgaged property being described as VALLEY R�QNCH PLAT 10, LINCOLN:CO[JNTY SCRIB DON „7?1 O CAL LAT TH EOF. s of 1 80Vista, We Drive, Thapne, WY 83127 improvements. thereon situate >and.al fixtures an ,eto� Wells Fargo Bank, N.A. By: The Castle Law Group, LLC 330 S. Walsh Drive, Ste; 202 Casper, WY 82609 -0000 (307) 33,3 5379 PUBLISH: April 4,`11, 18, 25, 2013 (13- 01150) 0404C EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN by Michael _Jetisen; Publis 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 3/ consecutive issues /weeks; the first publication bein on the 1 20 /'3 and the last .u•lication being on the ,20 day of day of and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jensn, Publisher Notary Sig ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN 1s, WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me •n this 24 day of 7 A.D. Certificate of Sale Fahringer 13 -01150 Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 4 -4 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Assn of Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed EXHIBIT C AFFIDAVIT OF ATTORNEY 'ELLEN' L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Common Expiros Jan 19, 2015 My commission expires: 7/1 /S' (Si 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 $1,724.16 as compensation for services actually rendered in the foreclosure proceeding. 700.00 297.00 97.76 486.40 25.00 50.00 26.00 11.00 11.00 10.00 10.00 Total $1,724.16 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 T SAYE NAUGHT. y: Patricia Agile Mich(t. The Castle w Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 l J This in trument was acknowledged before me on "day of 2013 by Patr'' is Anne Michitsch as attorney of The Castle Law Gr p, LLC. ature o notari.. o Title (and Ran Certificate of Sale Fahringer 13 -01150 Page 7 of 7 THIS PAGE INTENTIONALLY LEFT BLANK