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HomeMy WebLinkAbout972019188721 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 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 October 12, 2005, executed and delivered by Jennifer Goodman to Wells Fargo Bank, N.A. and (b) that certain mortgage dated October 12, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 20, 2005, at Reception No. 913025 in Book 602 at Page 101 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 77 OF BRIDGER FOREST RANCH SUBDIVISION, AS AMENDED, FOURTH FILING, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT NO. 396 -D FILED NOVEMBER 19, 2002 AS INSTRUMENT NO. 885727 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 46 Strawberry Creek Circle, Bedford, WY 83112 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -16 Assignment dated: March 12, 2013 Assignment recorded: March 14, 2013 Assignment recording information: at Reception No. 969950 in Book 806 at Page 788 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, U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -16 "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. COSPkg.doc RECEIVED 7/16/2013 at 10:23 AM RECEIVING 972019 BOOK: 815 PAGE: 717 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Goodman 13 -03008 Page 1 of 8 0717 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 16, 2013 issue of said newspaper and ending with the June 6, 2013 issue thereof; and again once a week for five (5) consecutive weeks, commencing with the June 13, 2013 issue of said newspaper and ending with the July 11, 2013 issue thereof; that said notices were 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 notices 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 notices 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 July 16, 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 $97,750.00 "Bid Sum which was bid and offered by U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -16 "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 $2,663.98 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.doc Certificate of Sale Goodman 13 -03008 Page 2 of 8 0718 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 July 16, 2013, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. 16th DATED at Kemmerer, Lincoln County, State of Wyoming, this KM day of July 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc ACKNOWLEDGMENT WHITNEY HYSELL NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires I SS M Shane Johnson Witness my hand and official seal. Sheriff in and for Lincoln County, State of Wyoming By: Prin Title: Deputy Sheriff 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 16th day of July 2013. Notary Public Certificate of Sale Goodman 13 -03008 Page 3 of 8 0719 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 October 12, 2005 (the "Mortgage and recorded on October 20, 2005, at Reception No. 913025 in Book 602 at Page 101 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 Jennifer Goodman "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: U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -16 Assignment dated: March 12, 2013 Assignment recorded: March 14, 2013 Assignment recording information: at Reception No. 969950 in Book 806 at Page 788 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:70121640000234894041 CERTIFIED MAIL NO. FSN:70121640000234894034 CERTIFIED MAIL NO. NOPP:70122210000098742502 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass- Through Certificates, Series 2005 -16 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. NOI: 71969009843000700728 CERTIFIED MAIL NO. FSN: 71969009843000703767 CERTIFIED MAIL NO. NOPP: 71969009843000714848 CURRENT RESIDENT 46 Strawberry Creek Circle Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000700735 CERTIFIED MAIL NO. FSN: 71969009843000703774 COSPkg.doc Certificate of Sale Goodman 13 -03008 Page 4 of 8 0720 CERTIFIED MAIL NO. NOPP: 71969009843000714855 Jennifer Goodman 46 Strawberry Creek Circle Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000700742 CERTIFIED MAIL NO. FSN: 71969009843000703781 CERTIFIED MAIL NO. NOPP: 71969009843000714862 Jennifer Goodman 1850 Bittern Drive Ammon, ID 83406 -0476 CERTIFIED MAIL NO. NOI: 71969009843000700759 CERTIFIED MAIL NO. FSN: 71969009843000703798 CERTIFIED MAIL NO. NOPP: 71969009843000714879 Jennifer Goodman PO Box 4374 Turnerville, WY 83112 CERTIFIED MAIL NO. N01: 71969009843000700766 CERTIFIED MAIL NO. FSN: 71969009843000703804 CERTIFIED MAIL NO. NOPP: 71969009843000714886 Lincoln County Treasurer 925 Sage Avenue, Suite 102 Kemmerer, WY 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 1, 2013 and the date of the first publication of the notice of foreclosure sale was May 16, 2013, postponement publication began on June 13, 2013. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on day of 2013 by Patricia Anne Michitsch as attorney of The Castle La roup, C. COSPkg.doc V2i., L•I:z3 ::tnr e.: LF:"nf NOT/SW PUBLIC !i n c KELLEY Y L DRELICHARZ e OF WYOMING i ='i COUNTY OF NATRONA My, i�cunmiss,Ion f=, Jan 19, 2015 My commission expires: B Patricia A nne M' h sch The Castl- aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 natur Ti le (and R n Certificate of Sale Goodman 13 -03008 Page 5 of 8 0721 and ex o$nCX4 xegl to o er of sale which b to have become operativ 1'aw to recover the tlebi s any such suit o or KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ss ocikt i o111"4 rustee, succe m i atidnal Association, as Trustee for Wells Fargo' sk t atrt n,'1VTortgageePass Through Certificates,7"Series" ..s .nnne COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT 6i' 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 al consecutive issues /weeks; the first publication being on the day of 7 ,20 t and the last publicati being on the day of iwtfie, 201A; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated, (Signed) Michael Jensen, bli her ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF j�'1 STATE OF LINCOLN p3!' WYOMING MY COMMISSION EXPIRES 515/16 Subscribed in my presence and sworn to before me on ibis 4€9 day of jr 1 ,�4e, A.D., 20 by Mic ael Je .en, Publisher. tary Signature' KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN aL Certificate of Sale Goodman 13 -03008 Page 6 of 8 0722 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming eU d ote, w ti r(s) to Mortgagee e office the>County C oln County Stateof 13025 in, Book. 602 at'P i ned orv. Trustee F 88 P!`"14:15' O G etc C cleBedford, WY upon may ybe su otrbe e t nguished at,` e'status 'i ofN'title COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF cc t' STATE OF LINCOLN '1(, WYOMING MY COMMISSION D(PIRES 5/5/15 Michael J 4 r 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 /5 day of C after 20 and the last publication being on the 1/ day of Subscribed in my presence and sworn to before me on this I day of otary Signatur KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) se Pr! ublisher A.D., 20 1:5 by Jensen, Publisher. /44 J Lt" Certificate of Sale Goodman 13 -03008 Page 7 of 8 0723 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 $2,663.98 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 5 -16 -13 Postponement Fee PUB COST NOPP 6 -13 -13 Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed Total $2,663.98 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 AFFI: AY(ETH NAUGHT. State of Wyoming County of Natrona /fL�- day of The Castle Law COSPkg.doc t3:44"1 Y. %•t'..� =::;'.a�;. i.:.a:.rT. NOTARY Pi) b C KELLEY L DRELICHARZ y STATE WYOMING COUNTY OF O F W NATRONA M 1 rtiz!"= r :.'.(slrrss Jvn 's9, 2015 My commission expires: /4? /or 5= EXHIBIT C AFFIDAVIT OF ATTORNEY SS y Patricia ne Mic sch The Castle w Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 622.00 109.98 532.00 150.00 532.00 50.00 33.00 15.00 10.00 10.00 This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of roup,/ LC. Title (and Ran Certificate of Sale Goodman 13 -03008 Page 8 of 8 0724