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HomeMy WebLinkAbout970915o c c O to- CC M v d m �o o m M. Shane Johnson of lawful age, being first duly sworn t upon his oath, states and certifies as follows: STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS 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 July 13, 2012, executed and delivered by Richard A. Gunyan and Tara Gunyan to Mortgage Electronic Registration Systems, Inc., as nominee for Guild Mortgage Company and (b) that certain mortgage dated July 13, 2012 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on July 16, 2012, at Reception No. 965552 in Book 789 at Page 461 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 5 (NE1 /4NE1/4) OF SECTION 10,T22N, R116 W OF THE 6TH P.M., LINCOLN COUNTY with an address of 1937 Lupine Lane, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Guild Mortgage Company Assignment dated: January 15, 2013 Assignment recorded: January 24, 2013 Assignment recording information: at Reception No. 969161 in Book 803 at Page 282 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, Guild Mortgage Company "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 RECEIVED 5/9/2013 at 2:24 PM RECEIVING 970915 BOOK: 811 PAGE: 266 JEANNE WAGNER LINCOLN COUNTY CL ,EMMERER, WY Certificate of Sale Gunyan 12 -13107 Page 1 of 7 60266 UO2(Y 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 $249,764.90 "Bid Sum which was bid and offered by Guild Mortgage Company "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 $2,640.76 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 Gunyan 12 -13107 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 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 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 7th day of May 2013. My Commission Expires: COSPkg Witness my hand and official seal. WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln i'I Wyoming My Commission Expires I' C 7 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ACKNOWLEDGMENT SS By: Print e: John P. Stetzenbach Title: Deputy Sheriff Notary Public o02 Certificate of Sale Gunyan 12 -13107 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE CERTIFIED MAIL NO. NOI: 71969009843000685537 CERTIFIED MAIL NO. FSN: 71969009843000687227 Guild Mortgage Company 5898 Copley Dr 4th Floor San Diego, CA 92111* CERTIFIED MAIL NO. NOI: 71969009843000685544 CERTIFIED MAIL NO. FSN: 71969009843000687234 CURRENT RESIDENT 1937 Lupine Lane Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000685551 CERTIFIED MAIL NO. FSN: 71969009843000687241 Richard A Gunyan 1937 Lupine Lane Keimnerer, WY 83101* COSPkg EXHIBIT A SS UO2 9 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 July 13, 2012 (the "Mortgage and recorded on July 16, 2012, at Reception No. 965552 in Book 789 at Page 461 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 Richard A. Gunyan and Tara Gunyan "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Guild Mortgage Company is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Guild Mortgage Company Assignment dated: January 15, 2013 Assignment recorded: January 24, 2013 Assignment recording information: at Reception No. 969161 in Book 803 at Page 282 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 Gunyan 12 -13107 Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000685568 CERTIFIED MAIL NO. FSN: 71969009843000687258 Richard A Gunyan P.O. Box 1210 Kemmerer, WY 83101 CERTIFIED MAIL NO. NOI: 71969009843000685575 CERTIFIED MAIL NO. FSN: 71969009843000687265 Tara Gunyan 1937 Lupine Lane Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000685582 CERTIFIED MAIL NO. FSN: 71969009843000687272 Tara Gunyan 50 Reliance Road, #81 Rock Springs, WY 82902 CERTIFIED MAIL NO. NOI: 71969009843000692627 CERTIFIED MAIL NO. FSN: 71969009843000692641 Richard A Gunyan PO Box 3270 Rock Springs, WY 82902 -3270 CERTIFIED MAIL NO. NOI: 71969009843000692634 CERTIFIED MAIL NO. FSN: 71969009843000692658 Tara Gunyan PO Box 3270 Rock Springs, WY 82902 -3270 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 This instrument was acknowledged before me on t� day of A, 2013 by P ricia Anne Michitsch as attorney of The Castle Law Group, C. aR PUt �I.� KELLEY L DR F ARZ STATE. OF WYOMING COU lY OF NATRONA �.orrirnS:, ion E:x aaos jar 10, 15 :��rxr sr �FzxirKrrx iea�. 20 u auara My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. Patricia Arne Mic it h "/(5/ The CastleJw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 gnaturelof not ria, officer) Title (and k) UO270 Certificate of Sale Gunyan 12 -13107 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming FORECLOSURE SALE NOTICE WHEREAS default in the payment of principal and interest has occurred under the terms of a promissory note "Note and real estate mortgage ("Mortgage"). The Mortgage dated July 13, 2012, was executed a ndrdelivered by Richard A. Gunyan and Tara Gunyan "Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., as nominee for Guild Mortgage ,Company, as security for the Note of the same date, and said Mortgage was recorded on July 16, 2012, at Reception No. 965552 in Book' 789 at Page 461 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 WHEREAS, the mortgage was assigned for value as follows: Assignee: Guild Mortgage Company Assignment dated January 15, 2013 Assignment recorded: January 24, 2013 Assignment recording information: at Reception No. 969161 in Book 803 at Page 282 ill in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. REAS, the Mortgage contains. a power of sale which by reason of said default, the Mortgagee declares to have become operative, and no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof, nor has any such suit or proceeding been- instituted and the same discontinued; and WHEREAS, written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the pattyin possession of the mortgaged premises at least ten (10) days prior to die commencement of this publication, and the amount due upon the Mortgage on the date of first publication of this notice of sale being the totalsum of $310,310.15 which sum consists of the unpaid principal bal- e,of $301,350.00 plus interest accrued to the date of the first publication notice in the amount of $8,820.59, plus other costs in the amount 9.56 plus attorneys' fees, costs expended, and' accruing interest e charges after the date of first publication of this notice of sale; WHEREAS, The property being foreclosed upon may be subJect to .liens and encumbrances that will not be extinguished at the sale. prospective purchaser should research the status of title before Ittting a bid; OW, THEREFORE Guild Mortgage Company, as the Mortgagee, will have the Mortgage foreclosed as by law provided by causing the mortgaged property to be sold at public venue by the Sheriff or Deputy Sheriff in and for Lincoln County, Wyoming to the highest bidder for „at 10:00 o'clock in the forenoon on May 7, 2013 at the front door of th o.hincoln County Courthouse located at 925 Sage Avenue, Kemmerer, t incoln County, for application on the above described amounts secured by the Mortgage, said mortgaged property being described as follows, to-wit: LOT 5 (NE1 /4NE1/4) OF SECTION 10,T22N, R116 W OF THE 6TH f M., LINCOLN. COUNTY with an address of 1937 Lupine Lane, Kemmerer, WY 83101. Together with all improvements thereon situate and all fixtures and appurtenances thereto. Guild Mortgage Company By: The. Castle Law Group, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307) 333 {5379 PUBLISH: April 11, 18, 25, May 2, 2013 (12- 13107) 0411 COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 s aid newspaper for the full period of consecutive issues/weeks; the first publica ''n being on the 1/ day of 20 /3 and the last publication being on the 2 day of 20/; and that said adve sement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed in my presence and sworn to before me on this 2 day of L. 7 Michael le Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN \f .'_G WYOMING MY COMMISSION EXPIRES 5/5/16 en, Publisher a Notary Signat e A.D., 29 L Certificate of Sale Gunyan 12 -13107 Page 6 of 7 02 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona 74/ day of LLC. DIAHANN FRANKLIN STATE OF WYOMING COUNTY OF NATRONA Conan 16 2014 The Castle Law Grou My commission expires: 3 j3 COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Recorded AOM Title Claim Fee Title Update x 2 PUB COST FSN 4 -11 -13 Sale Attendance Fee Record Assign of Cert. of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriffs Fee Deed EXHIBIT C AFFIDAVIT OF ATTORNEY 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 $2,640.76 as compensation for services actually rendered in the foreclosure proceeding. 600.00 1,005.00 97.76 8.00 150.00 225.00 456.00 50.00 26.00 11.00 10.00 10.00 Total $2,640.76 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 AFFIANT E, H NAUGHT. ,&Z/ B'y: Patricia A e Mic t h The Castle L... w 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 naure o Si g f notaria°ff'cggr t 6, 177/e- Title (and Rarfk) Certificate of Sale Gunyan 12 -13107 Page 7 of 7