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HomeMy WebLinkAbout971643STATE 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 April 25, 2005, executed and delivered by Russell S Beck and Stacey C Beck to Wells Fargo Bank, N.A. and (b) that certain mortgage dated April 25, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 29, 2005, at Reception No. 908016 in Book 584 at Page 58 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 7 RODS WEST OF THE NORTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE WEST 3 RODS: THENCE SOUTH 127 FEET; THENCE EAST 3 RODS; THENCE NORTH 127 FEET TO THE POINT OF THE BEGINNING. with an address of 264 East 4th Avenue, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. COSPkg RECEIVED 6/25/2013 at 10:08 AM RECEIVING 971643 BOOK: 814 PAGE: 309 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 030 The mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Securities 2005 -1 Trust, Home Equity Asset Backed Certificates, Series 2005 -1 Assignment dated: March 14, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 970014 in Book 807 at Page 85 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, HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Securities 2005 -1 Trust, Home Equity Asset Backed Certificates, Series 2005 -1 "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 Certificate of Sale Beck 13 -03427 Page 1 of 7 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 30, 2013 issue of said newspaper and ending with the June 20, 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 25, 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 $72,250.00 "Bid Sum which was bid and offered by HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Securities 2005 -1 Trust, Home Equity Asset Backed Certificates, Series 2005 -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 $1,951.42 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 iank Certificate of Sale Beck 13 -03427 Page 2 of 7 U 03 0 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 25, 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 5th day of June 2013. STATE OF COUNTY OF COSPkg WYOMING LINCOLN My Commission Expires: ACKNOWLEDGMENT Witness my hand and official seal. SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: e)-7 Print Name: Troy Jansen Title: The foregoing instrument was subscribed in my presence and acknowledged before me by Troy Janse Deputy Sheriff of Lincoln County, State o n of Wyoming, this 75th day of June 2013. may No(ary lie I,IC STATE OF H WYOMING ..0 -eT fPpiity nffirer Certificate of Sale Beck 13 -03427 Page 3 of 7 03A_I. 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 April 25, 2005 (the "Mortgage and recorded on April 29, 2005, at Reception No. 908016 in Book 584 at Page 58 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 Wells Fargo Bank, N.A. is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Securities 2005 -1 Trust, Home Equity Asset Backed Certificates, Series 2005 -1 Assignment dated: March 14, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 970014 in Book 807 at Page 85 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: NOT SENT PER CLIENT REQUEST CERTIFIED MAIL NO. FSN: NOT SENT PER CLIENT REQUEST HSBC Bank USA, National Association as Trustee for Wells Fargo Home Equity Asset Backed Securities 2005 -1 Trust, Home Equity Asset Backed Certificates, Series 2005 -1 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. N01: 71969009843000706102 CERTIFIED MAIL NO. FSN: 71969009843000709042 CURRENT RESIDENT 264 East 4th Avenue Afton, WY 83110* COSPkg Certificate of Sale Beck 13 -03427 Page 4 of 7 03.2 CERTIFIED MAIL NO. N01: 71969009843000706119 CERTIFIED MAIL NO. FSN: 71969009843000709059 Russell S Beck 264 East 4th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000706126 CERTIFIED MAIL NO. FSN: 71969009843000709066 Russell S Beck 141 W 3300 N Lehi, UT 84043 -3942 CERTIFIED MAIL NO. NOI: 71969009843000706133 CERTIFIED MAIL NO. FSN: 71969009843000709073 Russell S Beck PO Box 1511 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000706140 CERTIFIED MAIL NO. FSN: 71969009843000709080 Stacey C Beck 264 East 4th Avenue Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000706157 CERTIFIED MAIL NO. FSN: 71969009843000709097 Stacey C Beck 141 W 3300 N Lehi, UT 84043 -3942 CERTIFIED MAIL NO. N01: 71969009843000706164 CERTIFIED MAIL NO. FSN: 71969009843000709103 Stacey C Beck PO Box 1511 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 14, 2013 and the date of the first publication of the notice of foreclosure sale was May 30, 2013. State of Wyoming County of Natrona .3C .id—day of The Castle Law ••',"S` F` t J k.1_ B r; COSPkg FURTHER AFFIANT SAYETH NAUGHT. KLLLltiI L DRELUCHARZ STATE OF WYOMING i}rf{ t.;l n yal 9, 2015 My commission expires: This instrument was acknowledged before me on 2013 by Pat( is Anne hitsch as attorney of roup, LLC. Title (and Ran CERTIFIED MAIL NO. NOI: 71969009843000706171 CERTIFIED MAIL NO. FSN: 71969009843000709110 J. Gum Brown PO Box 1511 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000706188 CERTIFIED MAIL NO. FSN: 71969009843000709127 Paula R Brown PO Box 1633 Afton, WY 83110 CERTIFIED MAIL NO. N01: 71969009843000706195 CERTIFIED MAIL NO. FSN: 71969009843000709134 Wells Fargo Bank, N.A. 420 Montgomery Street San Francisco, CA 94104 CERTIFIED MAIL NO. NOI: 71969009843000706201 CERTIFIED MAIL NO. FSN: 71969009843000709141 State of Wyoming, Department of Workforce Services Unemployment Tax PO Box 2760 Casper, WY 82602 -2760 Z �S�r�`' -tom y: Patricia, Michitgch The Castletaw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 Certificate of Sale Beck 13 -03427 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 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 perlod of 4 consecutive Issues/weeks; the first publication being on the �[1 day of 1 1 Y/Iii 20 and the last publ' .aHon being on the day of 20 and that said advertisement appeared In each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jensen Iisher ROSEMARY CAPELLEN NOTARY PUBUC COUNTY OF TV STATE OF LINCOLN H WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed In my presence and sworn to before me on this day of b/j/g/ A.D., 20 try Jenjn, Publisher. JJotary Slgnatur Certificate of Sale Beck 13 -03427 Page 6 of 7 00314 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 $1,951.42 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee Skip Trace PUB COST FSN 5 -30 -13 Title Update Sale Attendance Fee Record Cert of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $1,951.42 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 AFFIA,NrSkY H NAUGHT. State of Wyoming County of Natrona :D(.3 day of The Castle Law group, LLC. COSPkg NC; i RV PUbLUC: KELLEY L DRELUCHARZ STATE Of WYOMING COUNTY OF NATRONA My Conirnoiz.a;ikn Expires ...Ian 19, 2015 t. S4e�T.efimdNearAreliS'6� BiC'� 'i"11'rtT,a My commission expires: /,/V% Ar/j EXHIBIT C AFFIDAVIT OF ATTORNEY SS atricia A ne Michi The Castle Lai Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This instrument was acknowledged before me on 2013 by Pa .ricia Anne Michitsch as attorney of Title (and Ra 600.00 529.00 134.42 20.00 532.00 25.00 50.00 26.00 15.00 10.00 10.00 Certificate of Sale Beck 13 -03427 Page 7 of 7 joJ1