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HomeMy WebLinkAbout972907STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS 0750 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 22, 2010, executed and delivered by John W Shray and Lori M Shray to JPMorgan Chase Bank, N.A. and (b) that certain mortgage dated October 22, 2010 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 9, 2010, at Reception No. 956607 in Book 757 at Page 1 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 6 OF COYOTE HILLS SUBDIVISON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON AUGUST 16, 2001 AS INSTRUMENT NO. 875323 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 25 Cougar Ln, Bedford, WY 83112 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, JPMorgan Chase Bank, National 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 having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the August 1, 2013 issue of said newspaper and ending with the August 22, 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 August 27, 2013 at 10:00 o'clock in the COSPkg.doc RECEIVED 8/27/2013 at 10:41 AM Certificate of Sale Shray 13 -04898 RECEIVING 972907 Page 1 of 7 BOOK: 818 PAGE: 750 JEANNE WAGNER LINCOLN COUNTY CLERK VIERER, WY 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 $237,241.28 "Bid Sum which was bid and offered by JPMorgan Chase Bank, National 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 $2,412.96 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 Shray 13 -04898 Page 2 of 7 0751 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 August 27, 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 27th day of August 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg.doc M. Shane Johnson By: ACKNOWLEDGMENT SS Sheriff in and for Lincoln County, State of Wyoming Prin Witness my hand and official seal. 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 27th day of August 2013. Notary Public John P. St-ptzpnharh Certificate of Sale Shray 13 -04898 Page 3 of 7 0752 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Lucky McMahon 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 22, 2010 (the "Mortgage and recorded on November 9, 2010, at Reception No. 956607 in Book 757 at Page 1 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 John W Shray and Lori M Shray "Mortgagor(s) the named mortgagor(s), and JPMorgan Chase Bank, N.A. is the named mortgagee 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: 71969009843000729323 CERTIFIED MAIL NO. FSN: 71969009843000731234 JPMorgan Chase Bank, National Association 10790 Rancho Bernardo Road San Diego, CA 92127* CERTIFIED MAIL NO. NOI: 71969009843000729330 CERTIFIED MAIL NO. FSN: 71969009843000731241 CURRENT RESIDENT 25 Cougar Ln Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000729347 CERTIFIED MAIL NO. FSN: 71969009843000731258 John W Shray 25 Cougar Ln Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000729354 CERTIFIED MAIL NO. FSN: 71969009843000731265 John W Shray 329 Maple St Pantego, NC 27860 -9596 CERTIFIED MAIL NO. NOI: 71969009843000729361 CERTIFIED MAIL NO. FSN: 71969009843000731272 Lori M Shray 25 Cougar Ln Bedford, WY 83112* CERTIFIED MAIL NO. NOI: 71969009843000729378 CERTIFIED MAIL NO. FSN: 71969009843000731289 Lori M Shray 329 Maple Street Pantego, NC 27860 -9596 COSPkg.doc EXHIBIT A SS Certificate of Sale Shray 13 -04898 Page 4 of 7 0753 CERTIFIED MAIL NO. NOI: 71969009843000729385 CERTIFIED MAIL NO. FSN: 71969009843000731296 Coyote Hills Homeowners Association c/o James Sanderson Sanderson Law Office PO Box 159 Afton, WY 83110 -0159 CERTIFIED MAIL NO. NOI: 71969009843000729392 CERTIFIED MAIL NO. FSN: 71969009843000731302 Internal Revenue Service ATTN: Technical Services Grp. Mngr. 1999 Broadway; MS 5021DEN Denver, CO 80202 -2490 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 19, 2013 and the date of the first publication of the notice of foreclosure sale was August 1, 2013. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. aakia,_. 2013 by Lucky McMahon as attorney of The This instr, ment was acknowledged before me on ay of di., Castle Law Group, LL' PtioLIC KELLEY L DREL1CHARZ STATE OF WYOMING coumY OF NNATRONA Ally c ornrn z'oion EX p ires Jan 19 2171 �:wtw!ti ,+:atoa:: lui iu: wi.'vliu l"ai+dF.iG:in: COSPkg.doc My commission expires: /h/i LK Z1 G By: Lucky McMilon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 (Si Title (and Rank Certificate of Sale Shray 13 -04898 Page5of7 0754 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ie di ttd otice of intent+ to foreclo eennserve d'uppn't] tgaged premises a F s �phnitaation, andt ttbiicati of this no s1 xn consist of tlie t accrued t'o the, date ements thereon situate Lase Bank,' National' Association y The Castle Law Group LLC 330 "S Walsh Drive, Ste 262 C asp er WY 82609 0 COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT by NTark Tes I, Mark Tesoro, 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 o the day of 20 /i, and the last publ tion being on the 22- day of f 20 1.'3; and that said adve ment appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) KEMMERER, WYOMING Mark Tesoro, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF j r STATE OF LINCOLN \I+ WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 22- day of itt, •r Publishher otary Signatur A.D., 20 1. Certificate of Sale Shray 13 -04898 Page 6 of 7 0755 STATE OF WYOMING COUNTY OF NATRONA State of Wyoming County of Natrona My commission expires: COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 8 -1 -13 TITLE DD Conduct Sale Record Cert. of Sale Record Assn of Cert. of Sale Record Sheriffs Deed Sheriff's Fee Sale Sheriff's Fee Deed SCRA x 8 $80.00 EXHIBIT C AFFIDAVIT OF ATTORNEY (//y SS Lucky McMahon, 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 $2,412.96 as compensation for services actually rendered in the foreclosure proceeding. 850.00 835.00 97.76 395.20 25.00 50.00 30.00 15.00 15.00 10.00 10.00 80.00 Total $2,412.96 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 AFFIANT SAYET,, NAUGHT. y: Lucky Mc Mahon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 i This instr ment was acknowledged before me on day of 2013 by Luck McMaho s attorney of The Castle Law Group, L C. a e f h�. ....41:: L s ORWL HARZ STAaEQ SP+IYOiiI1NG an P COUNTY OF NATRONA 119y Commission Expires Jan 19, 2015 Title (and Ran Certificate of Sale Shray 13 -04898 Page 7 of 7 0756