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HomeMy WebLinkAbout970972STATE 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 December 19, 2008, executed and delivered by Wesley A. Cummings to Mortgage Electronic Registration Systems, Inc., as nominee for New Line Mortgage, DIV. Republic Mortgage Home Loans, LLC its successors and assigns and (b) that certain mortgage dated December 19, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 30, 2008, at Reception No. 944426 in Book 712 at Page 239 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 196 OF NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON OCTOBER 3, 2002 AS INSTRUMENT NO. 884517 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 69 Gallup Drive, Etna, WY 83118 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., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: March 14, 2012 Assignment recorded: March 26, 2012 Assignment recording information: at Reception No. 963805 in Book 783 at Page 631 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, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 5/14/2013 at 10:26 AM RECEIVING 970972 BOOK: PAGE: JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Cummings 13- 00426R Page 1 of 7 0419 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 18, 2013 issue of said newspaper and ending with the May 9, 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 14, 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 70, ins, e, "Bid Sum which was bid and offered by Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP "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 $3,076.62 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 "304 .1 Certificate of Sale Cummings 13- 00426R 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 14, 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 14th day of May 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg WHITNEY HYSELL NOTARY PUBLIC County of, State of Lincoln ia. Wyomin i My Commission Expires IS I Sheriff in and for Lincoln County, State of Wyoming By: SS M. Shane Johnson ACKNOWLEDGMENT Print N= e:John P. Stetzenbach Title: Deputy Sheriff The foregoing instrument was subscribed in my acknowledged before me by John P. Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this May 2013. Witness my hand and official seal. C11- v Notary Public presence and 14th day of pV Certificate of Sale Cummings 13- 00426R Page 3 of 7 10421 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 December 19, 2008 (the "Mortgage and recorded on December 30, 2008, at Reception No. 944426 in Book 712 at Page 239 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 Wesley A. Cummings "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for New Line Mortgage, DIV. Republic Mortgage Home Loans, LLC its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Assignment dated: March 14, 2012 Assignment recorded: March 26, 2012 Assignment recording information: at Reception No. 963805 in Book 783 at Page 631 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:70093410000055809164 CERTIFIED MAIL NO. FSN:70093410000055809331 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000688729 CERTIFIED MAIL NO. FSN: 71969009843000690630 CURRENT RESIDENT 69 Gallup Drive Etna, WY 83118* COSPkg Certificate of Sale Cummings 13- 00426R Page 4 of 7 0 4 2 CERTIFIED MAIL NO. NOI: 71969009843000688736 CERTIFIED MAIL NO. FSN: 71969009843000690647 Wesley A. Cummings 69 Gallup Drive Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000688743 CERTIFIED MAIL NO. FSN: 71969009843000690654 Wesley A. Cummings PO Box 3276 Alpine, WY 83128 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 4, 2013 and the date of the first publication of the notice of foreclosure sale was April 18, 2013. State of Wyoming County of Natrona L This instrument was acknowledged before me on day of f° /C: 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, COSPkg FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC DIAHANN FRANKLIN COUNTY OF WYOMING ISM r Commission Ey*ss May 15 My commission expires: S- /c/ y: Patricia ne Mic ch The Castle w Group, LLC 330 So. alsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Sig� uye of not ,ril of;cer) 6 t Title (and ank) Certificate of Sale Cummings 13- 00426R Page 5 of 7 nctipalandinteresth o to and real estate mortj be ;q200 washexec ecepttonNo 963805 in B KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT 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 1 8 day of i ,20 /3 and the last publication being on the 7 day of "/T) (6( 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by Michael KEMMERER, WYOMING Michael Je e Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this q day of 0 2)(44 A.D., 20 /q nsen, Publisher. 'La Notary Signatie`r Certificate of Sale Cummings 13- 00426R Page 6 of 7 0 U 42 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 $3,076.62 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee TITLE UPDATE x 2 PUB COST FSN 4 -18 -13 Sale Attendance Fee Record Cert. of Sale Record Assign of Cert. of Sale Record Sheriff's Deed Sheriff's Fee Sale Sheriff's Fee Deed Precious 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 AFFIPAIT SAYER NAUGHT. T State of Wyoming County of Natrona day of The Castle Law Gro a, LLC. DIAHANN FRANKUN COUNTY OF NATRONA Commission Ex Ma 15,2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS ll fc' B Patricia Patricia A 'e Michit The Castle LiwGroup, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Title (and Dank) /s 650.00 48.88 150.00 486.40 50.00 26.00 26.00 11.00 10.00 10.00 1,608.34 $3,076.62 This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of (Sig toe of no officer) Certificate of Sale Cummings 13- 00426R Page 7 of 7 0 4 25