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HomeMy WebLinkAbout9715301ti9U.55 STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS M. Shane .Tohnson 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 November 6, 2008, executed and delivered by Cary Chidester and Natalie Chidester to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB its successors and assigns and (b) that certain mortgage dated November 6, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 7, 2008, at Reception No. 943471 in Book 708 at Page 647 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 38 OF STAR VALLEY RANCH PLAT 18, LINCOLN COUNTY, WYOMING, AS SHOWN ON THE OFFICIAL PLAT THEREOF FILED MAY 3, 1979, AS RECEIVING NO. 523540, IN THE OFFICE OF THE CL ERK, LINCOLN COUNTY, WYOMING, AS PLAT NO. 236. with an address of 15 Ponderosa Cir, Star Valley Ranch, WY 83127 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: April 2, 2012 Assignment recorded: April 9, 2012 Assignment recording information: at Reception No. 964024 in Book 784 at Page 344 Assignee: Nationstar Mortgage LLC Assignment dated: January 8, 2013 Assignment recorded: January 14, 2013 Assignment recording information: at. Reception No. 969019 in Book 802 at Page 605 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, Nationstar Mortgage LLC RECEIVED 6/18/2013 at 10:47 AM RECEIVING 971530 BOOK: 813 PAGE: 816 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Chidester 13 -03010 Page 1 of 7 0.08 "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 May 23, 2013 issue of said newspaper and ending with the June 13, 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 June 18, 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 $170,220.45 "Bid Sum which was bid and offered by Nationstar Mortgage LLC "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 $2,117.78 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 Certificate of Sale Chidester 13 -03010 Page 2 of 7 6id!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 June 18, 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 18th day of June 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg SS Witness my hand and official seal. 1. WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln t Wyomin My Commission Expires 1 I M. Shane Johnson By ACKNOWLEDGMENT Sheriff in and for Lincoln County, State of Wyoming Print Name: Bart Julander Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Bart Julander Deputy Sheriff of Lincoln County, State of Wyoming, this t Rth day of June 2013. Notary Public 4/ Certificate of Sale Chidester 13 -03010 Page 3 of 7 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 November 6, 2008 (the "Mortgage and recorded on November 7, 2008, at Reception No. 943471 in Book 708 at Page 647 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 Cary Chidester and Natalie Chidester "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB 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: April 2, 2012 Assignment recorded: April 9, 2012 Assignment recording information: at Reception No. 964024 in Book 784 at Page 344 Assignee: Nationstar Mortgage LLC Assignment dated: January 8, 2013 Assignment recorded: January 14, 2013 Assignment recording information: at Reception No. 969019 in Book 802 at Page 605 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: 71969009843000704382 CERTIFIED MAIL NO. FSN: 71969009843000706669 Nationstar Mortgage LLC 350 Highland Dr. Lewisville, TX 75067* COSPkg Certificate of Sale Chidester 13 -03010 Page 4of7 0 V -'L 9 CERTIFIED MAIL NO CERTIFIED MAIL NO. CURRENT RESIDENT 15 Ponderosa Cir Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. Cary Chidester 15 Ponderosa Cir Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. Cary Chidester PO Box 1495 Thayne, WY 83127 CERTIFIED MAIL NO CERTIFIED MAIL NO. Natalie Chidester 15 Ponderosa Cir Star Valley Ranch, WY CERTIFIED MAIL NO. CERTIFIED MAIL NO. Natalie Chidester PO Box 1495 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000704443 CERTIFIED MAIL NO. FSN: 71969009843000706720 Star Valley Ranch Owners Association Attn: Tallia Booker HC62, Box 7008 Star Valley Ranch, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000704450 CERTIFIED MAIL NO. FSN: 71969009843000706737 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, SuiteC Danville, WY 61834 CERTIFIED MAIL NO. NO1: 71969009843000704467 CERTIFIED MAIL NO. FSN: 71969009843000706744 Countrywide Bank, FSB 1199 North Fairfax St., Ste 500 Alexandria, VA 22314 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 9, 2013 and the date of the first publication of the notice of foreclosure sale was May 23, 2013. State of Wyoming County of Natrona t-1 day of The Castle Law N01: 71969009843000704399 FSN: 71969009843000706676 83127* N01: 71969009843000704405 FSN: 71969009843000706683 83127* N01: 71969009843000704412 FSN: 71969009843000706690 N01: 71969009843000704429 FSN: 71969009843000706706 83127* N01: 71969009843000704436 FSN: 71969009843000706713 i +�4; F ?.Nx^�+_<Et:ii�YY3%:,= :.s: >•.k `??a3�'F"1� 3k7+ NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATROtNA 11gy Commission Expires Jan '19, 2015 My commission expires: COSPkg FURTHER AFF ANT 'SAY TH NAUGHT. /406 /i ,-(41k-et '-auk y: Patrici Anne Miohitsch The Castl Law 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 roup, LLC. natur- of nota ial officer) (S. Title (and Ra k) r6 Certificate of Sale Chidester 13 -03010 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazelle Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 1, 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 4f- consecutive Issues /weeks; the first publication being on the day of 'l /v,. 20 and the last publication being on the day of �b✓�J a�. 20 and that said advertisement appeared In each and every number of said newspaper during the period or publication as above stated. (Signed) Michael ns; n, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTYOF ;[,`'ti�, STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5 116 Subscribed In my presence and sworn to before me on this /."'j, day of A.D., 20 JO en, Publisher. N.111 N¢.tary Signature Certificate of Sale Chidester 13 -03010 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 $2,117.78 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -23 -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 Total $2,117.78 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,FVNT S7fiY. H NAUGHT. y. Patricia Anne Michits The Castle Jaw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona )2 day of The Castle Law oup, LLC. COSPkg !}fi`tl'::I�?k �;:7.t{� Fiy.Y.':ti}'i11s:'CY i, :i,.:e,. _t1Y» :t NO OAR'( PUdL.IC KELLEY L DRELUCHARZ STATE OF WYOMING COUNTY OF NATRONA nrnis•Dion is x,)b'n Jan 19 201s My commission expires: his instrument was acknowledged before me on 2013 by P. ricia Anne Michitsch as attorney of EXHIBIT C AFFIDAVIT OF ATTORNEY SS atur notarial f Title (and Rank) 650.00 690.00 109.98 516.80 25.00 50.00 26.00 15.00 15.00 10.00 10.00 Certificate of Sale Chidester 13 -03010 Page 7 of 7 60822