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HomeMy WebLinkAbout972159193394 STATE OF WYOMING COUNTY OF LINCOLN 553 COSPkg.doc 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 September 27, 2007, executed and delivered by Danielle Hansen and Ned Davis to Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc., dba Lending Tree Loans, its successors and assigns and (b) that certain mortgage dated September 27, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on September 28, 2007, at Reception No. 933547 in Book 673 at Page 683 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 146 OF STAR VALLEY RANCH PLAT 5, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JUNE 30, 1971 AS INSTRUMENT NO. 431709 OF RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 69 Sage Way, Thayne, WY 83127 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: June 4, 2013 Assignment recorded: June 12, 2013 Assignment recording information: at Reception No. 971445 in Book 813 at Page 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, Federal National Mortgage Association "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 RECEIVED 7/23/2013 at 10:19 AM RECEIVING 972159 BOOK: 816 PAGE: 268 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Hansen 13 -03848 Page 1 of 7 0268 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the June 27, 2013 issue of said newspaper and ending with the July 18, 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 July 23, 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 $209,025.88 "Bid Sum which was bid and offered by Federal National Mortgage Association "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 $2,487.96 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 Remainder of page intentionally left blank Certificate of Sale Hansen 13 -03848 Page 2 of 7 0269 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc WHITNEY HYSELL :.ounty of Incotn My Commission Expire NOTARY PUBLIC State of Wyoming 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 23, 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 23rd day of July 2013. S 1 l M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming SS ACKNOWLEDGMENT 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 23rd day of July 2013. Witness my hand and official seal. Title: Deputy Sheriff Notary Public John P. Stetzenbach Certificate of. Sale Hansen 13 -03848 Page 3 of 7 0270 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 September 27, 2007 (the "Mortgage and recorded on September 28, 2007, at Reception No. 933547 in Book 673 at Page 683 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 Danielle Hansen and Ned Davis "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Center, Inc., dba Lending Tree Loans, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: June 4, 2013 Assignment recorded: June 12, 2013 Assignment recording information: at Reception No. 971445 in Book 813 at Page 553 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: 71969009843000718365 CERTIFIED MAIL NO. FSN: 71969009843000719980 Federal National Mortgage Association PO Box 8517 Portland, OR 97207* CERTIFIED MAIL NO. NOI: 71969009843000718372 CERTIFIED MAIL NO. FSN: 71969009843000719997 CURRENT RESIDENT 69 Sage Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000718389 CERTIFIED MAIL NO. FSN: 71969009843000720009 Danielle Hansen 69 Sage Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000718396 CERTIFIED MAIL NO. FSN: 71969009843000720016 COSPkg.doc EXHIBIT A SS Certificate of Sale Hansen 13 -03848 Page 4 of 7 0271 Danielle Hansen PO Box 13752 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000718402 CERTIFIED MAIL NO. FSN: 71969009843000720023 Ned Davis 69 Sage Way Thayne, WY 83127* CERTIFIED MAIL NO. NOI: 71969009843000718419 CERTIFIED MAIL NO. FSN: 71969009843000720030 Ned Davis PO Box 13752 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000718426 CERTIFIED MAIL NO. FSN: 71969009843000720047 Danielle Hansen PO Box 7004 Jackson, WY 83001 CERTIFIED MAIL NO. NOI: 71969009843000718433 CERTIFIED MAIL NO. FSN: 71969009843000720054 Ned Davis PO Box 7004 Jackson, WY 83001 3. That the date of mailing of the notice of intent to foreclose the Mortgage was June 14, 2013 and the date of the first publication of the notice of foreclosure sale was June 27, 2013. State of Wyoming County of Natrona My commission expires: COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 15 day of 7 2013 by Patricia Anne Michitsch as attorney of The Castle Law Gr LLC. B Patricia nne Mic r ch The Castle aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 ,tom°) c),/,0 (Si nature of notarial officer) f' oi PId Title (atank) IA DEMISE HULA. taw" 0 $11YOMi CommEbsSon rms Fists Certificate of Sale Hansen 13- 03848 Page 5of7 0272 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer Wyominw el o ;e h� eta tiff i "i> b�;�ale) ile Y IUY:�i ilY�Fli1:7. 0 e)K x111 {yelK 1(e) J(o i' Oifi(® ye Ye�b1 +19).b�:}'aili17yColiil itio 0 14i 1Yd�i�P 21iYeltid�e4 t� lY Yd i11 I7o •)llli� °l A evil ��i1= ddXo� o eo l }.:lit" e i Je NO e; w r w e�C1U a4 °J ilk 09 0.5„...4S,€3....! 6 Jt 0104 4 ktIsy w 6��AY BN tIB 6 nn__aa ,ice vi to a l,s,,,I.,v4 AJ Akio t B o /''91 i,4 aJ oi e Y ),�e .At .4...A. m °M.® A,i .tl? 34°1°,P�,A//�;. 1 e.A'W°A.,1' IN Lill 1 401, J €otlJ Ja 9 e il 13; 13;1%41 al -.0,,9 e 1° ytv: rkl t y o I COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN by i ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i' STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 MI h I J ublisher 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 pub -tion being on the 27 day of 20 �5 and the las •ublication being on the lb day of 20 3 and that sai advertisement appeared in each and every number of said newspaper during the period of publication as above stated, (Signed) V L c ae en. Subscribed In my presence and sworn to before I- on this 6 O Q day of A.D., 20 /5, 1 Jen Publisher. •tary Signatu' Certificate of Sale Hansen 13 -03848 Page 6 of 7 0273 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 0274 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 $2,487.96 as compensation for services actually rendered in the foreclosure proceeding. IS day of COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Record AOM Statutory Notice Fee PUB COST FSN 6 -27 -13 TITLE UPDATE Conduct Sale Record Cert. of Sale Record Sheriffs Deed Sheriffs Fee Sale Sheriffs Fee Deed 1,000.00 768.00 11.00 97.76 471.20 25.00 50.00 30.00 15.00 10.00 10.00 Total $2,487.96 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 F NT SAYI .TH NAUGHT Aiy./ y: Patricia A e Michi scl( The Castle L Group, LLC 330 So. W sh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona My commission expires: Z 2.‘f)11(6) The Castle Law Gro- LLC. This instrument was acknowledged before me on 2013 by Patricia Anne Michitsch as attorney of (Signature of notarial officer) `00 Title l Rank) TA PUBLIC 4y} DENISE HULL STATE OF WYOMING COUNTY Or NATRONA Commission tree NM 20 2010 Certificate of Sale Hansen 13 -03848 Page 7 of 7