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HomeMy WebLinkAbout970853170260 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 May 22, 2009, executed and delivered by Russell S. Beck and Stacey C. Beck to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc. its successors and assigns and (b) that certain mortgage dated May 22, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 11, 2009, at Reception No. 947701 in Book 725 at Page 177 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: PART OF LOT 1 OF BLOCK 22 TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 13 1/3 RODS SOUTH OF THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING THE NORTHEAST CORNER OF LAND CONTAINED IN WARRANTY DEED RECORDED FEBRUARY 14, 1980 IN BOOK 163 PR ON PAGE 419 OF RECORDS OF LINCOLN COUNTY CLERK AND RUNNING THENCE WEST 165 FEET, ALONG THE NORTH LINE OF SAID LAND IN BOOK 163, THENCE NORTH 93 FEET, THENCE EAST 165 FEET, THENCE SOUTH 93 FEET TO THE POINT OF BEGINNING with an address of 430 Madison, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Bank of America, N.A. Assignment dated: August 3, 2012 Assignment recorded: August 13, 2012 Assignment recording information: at Reception No. 966108 in Book 791 at Page 313 Assignee: EverBank Assignment dated: October 2, 2012 Assignment recorded: October 22, 2012 Assignment recording information: at Reception No. 509 All in the records of the County Clerk and ex- officio Lincoln County, Wyoming. COSPkg RECEIVED 5/7/2013 at 11:04 AM RECEIVING 970853 BOOK: 811 PAGE: 33 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 967452 in Book 796 at Page Register of Deeds in and for Certificate of Sale Beck 12- 13095R Page 1 of 7 00033 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, EverBank "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 April 11, 2013 issue of said newspaper and ending with the May 2, 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 May 7, 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 $281,686.93 "Bid Sum which was bid and offered by EverBank "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 $3,633.34 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 Beck 12- 13095R Page 2 of 7 U0034 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 May 7, 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 7th day of May 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. WHITNEY HYSELL- NOTARY PUBLIC aR County of State of Lincoln Wyoming My Commission Expires 0'10 11 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print e: John P. Stetzenharh Title: Deputy Sheriff ACKNOWLEDGMENT The foregoing instrument was subscribed in my presence and acknowledged before me by John P. Stetzenharh Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of May 2013. Certificate of Sale Beck 12- 13095R Page 3 of 7 00031 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 May 22, 2009 (the "Mortgage and recorded on June 11, 2009, at Reception No. 947701 in Book 725 at Page 177 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 Russell S. Beck and Stacey C. Beck "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A. Assignment dated: August 3, 2012 Assignment recorded: August 13, 2012 Assignment recording information: at Reception No. 966108 in Book 791 at Page 313 Assignee: EverBank Assignment dated: October 2, 2012 Assignment recorded: October 22, 2012 Assignment recording information: at Reception No. 967452 in Book 796 at Page 509 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: 71969009843000685261 CERTIFIED MAIL NO. FSN: 71969009843000687289 EverBank 301 West Bay Street, Default Outsourcing /CC 325 Jacksonville, FL 32256* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000685278 CERTIFIED MAIL NO. FSN: 71969009843000687296 CURRENT RESIDENT 430 Madison Afton, WY 83110* Certificate of Sale Beck 12- 13095R Page 4 of 7 60036 CERTIFIED MAIL NO. NOI: 71969009843000685285 CERTIFIED MAIL NO. FSN: 71969009843000687302 Russell S. Beck 430 Madison Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000685292 CERTIFIED MAIL NO. FSN: 71969009843000687319 Russell S. Beck P.O. Box 1511 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000685308 CERTIFIED MAIL NO. FSN: 71969009843000687326 Stacey C. Beck 430 Madison Afton, WY 83110* CERTIFIED MAIL NO. NOl: 71969009843000685315 CERTIFIED MAIL NO. FSN: 71969009843000687333 Stacey C. Beck P.O. Box 1511 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000685322 CERTIFIED MAIL NO. FSN: 71969009843000687340 State of Wyoming Department of Workforce Services Unemployment Tax PO Box 2760 Casper, WY 82602 -2760 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 29, 2013 and the date of the first publication of the notice of foreclosure sale was April 11, 2013. State of Wyoming County of Natrona __day of The Castle Law Group, NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA M Commission Ex Iros Jan 19, 2015 COSPkg FURTHER AFFIANT SAYETH NAUGHT. My commission expires: th1/46/5 Patricia ne Mic 'i ch The Castle aw Group, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of Title (and Ra Certificate of Sale Beck 12- 13095R Page 5 of 7 00037 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT EXHIBIT B 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 s aid newspaper for the full period of consecutive issues /weeks; the first publication being on the day of and the last publication being day of /(2 advertis�me and t h at said nt appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN i WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 2 day of KEMMERER, WYOMING STATE OF WYOMING )ss, COUNTY OF LINCOLN 20, on the 2 ,20.3; Michael Jej, Publisher i 0038 Certificate of Sale Beck 12- 13095R Page 6 of 7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 00039 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 $3,633.34 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee TITLE UPDATE x 2 PUB COST FSN 4 -11 -13 Sale Attendance Fee Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriff's Fee Deed Previous Billing Total 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 IANT SA -T NAUGHT. State of Wyoming County of Natrona The Castle Law Group,,, C. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19, 2015 My commission expires: COSPkg 650.00 85.54 150.00 562.40 50.00 26.00 11.00 11.00 10.00 10.00 2,067.40 $3,633.34 y: atricia ne Mic ch The Castl: aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of ett (Sigxfaturof notari o f ic el Title (and Rank) Certificate of Sale Beck 12- 13095R Page 7 of 7