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HomeMy WebLinkAbout973293198303 STATE OF WYOMING COUNTY OF LINCOLN 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 November 11, 2005, executed and delivered by Dale R. Sequera and Susan J. Sequera to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns and (b) that certain mortgage dated November 11, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on November 21, 2005, at Reception No. 913893 in Book 605 at Page 435 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: THE LOT NUMBERED TWELVE (12) OF THE BLOCK NUMBERED THIRTY -FOUR (34) IN THE FIRST ADDITION TO THE TOWN OF KEMMERER, COUNTY OF LINCOLN, STATE OF WYOMING, TOGETHER WITH ALL BUILDING, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THEREUNTO with an address of 501 Pearl St, Kemmerer, WY 83101 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: 0383 Assignee: OneWest Bank, FSB Assignment dated: April 19, 2010 Assignment recorded: April 26, 2010 Assignment recording information: at Reception No. 953097 in Book 746 at Page 87 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, OneWest Bank, FSB "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. RECEIVED 9/17/2013 at 10:09 AM RECEIVING 973293 BOOK: 820 PAGE: 383 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Certificate of Sale Sequera 12- 07537R Page 1 of 7 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 8, 2013 issue of said newspaper and ending with the August 29„ 2013 issue thereof; and again once a week for two (2) consecutive weeks, commencing with the September 5, 2013 issue of said newspaper and ending with the September 12, 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 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 September 17, 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 $132,658.47 "Bid Sum which was bid and offered by OneWest Bank, FSB "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 $2,252.67 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 Sequera 12- 07537R Page 2 of 7 0384 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 September 17, 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 17th day of September 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: `a- `Ci_t JANET PAULSON NOTANY PUBLIC 1 State of County of Lincoln Wyoming My Commission Expires COSPkg.doc ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 17th day of September 2013. Witness my hand and official seal. Notary Public Certificate of Sale Sequera 12- 07537R Page 3 of 7 0385 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 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 November 11, 2005 (the "Mortgage and recorded on November 21, 2005, at Reception No. 913893 in Book 605 at Page 435 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 Dale R. Sequera and Susan J. Sequera "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: OneWest Bank, FSB Assignment dated: April 19, 2010 Assignment recorded: April 26, 2010 Assignment recording information: at Reception No. 953097 in Book 746 at Page 87 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: 71969009843000730329 CERTIFIED MAIL NO. FSN: 71969009843000732958 CERTIFIED MAIL NO. NOPP: 71969009843000744296 OneWest Bank, FSB 888 East Walnut Street Pasadena, CA 91101* CERTIFIED MAIL NO. NOI: 71969009843000730336 CERTIFIED MAIL NO. FSN: 71969009843000732965 CERTIFIED MAIL NO. NOPP: 71969009843000744302 CURRENT RESIDENT 501 Pearl St Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000730343 CERTIFIED MAIL NO. FSN: 71969009843000732972 CERTIFIED MAIL NO. NOPP: 71969009843000744319 Estate of Dale R. Sequera 501 Pearl St COSPkg.doc Kenunerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000730350 CERTIFIED MAIL NO. FSN: 71969009843000732989 CERTIFIED MAIL NO. NOPP: 71969009843000744326 Estate of Dale R. Sequera PO Box 686 Kemmerer, WY 83101 -3313 CERTIFIED MAIL NO. NOI: 71969009843000730367 CERTIFIED MAIL NO. FSN: 71969009843000732996 CERTIFIED MAIL NO. NOPP: 71969009843000744333 Estate of Dale R. Sequera PO Box 1891 Pinedale, WY 82941 Certificate of Sale Sequera 12- 07537R Page 4of7 0386 CERTIFIED MAIL NO. NOI: 71969009843000730374 CERTIFIED MAIL NO. FSN: 71969009843000733009 CERTIFIED MAIL NO. NOPP: 71969009843000744340 Susan J. Sequera 501 Pearl St Kenunerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000730381 CERTIFIED MAIL NO. FSN: 71969009843000733016 CERTIFIED MAIL NO. NOPP: 71969009843000744357 Susan J. Sequera PO Box 686 Kemmerer, WY 83101 -3313 CERTIFIED MAIL NO. NOI: 71969009843000730398 CERTIFIED MAIL NO. FSN: 71969009843000733023 CERTIFIED MAIL NO. NOPP: 71969009843000744364 Susan J. Sequera PO Box 1891 Pinedale, WY 82941 CERTIFIED MAIL NO. NOI: 71969009843000730404 CERTIFIED MAIL NO. FSN: 71969009843000733030 CERTIFIED MAIL NO. NOPP: 71969009843000744371 Security Credit Services, LLC 2653 West Oxford Loop, Suite 108 Oxford, MS 38655 State of Wyoming County of Natrona day of Castle Law Group, NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA M Commission Ex Tres Jan 19, 2015 COSPkg.doc CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Coiy Jared Sequera PO Box 686 Kemmerer, WY 83101- CERTIFIED MAIL NO. CERTIFIED MAIL NO. CERTIFIED MAIL NO. Coiy Jared Sequera PO Box 1891 Pinedale, WY 82941 FURTHER AFFIANT SAYETH NAUGHT. LC. By: Lucky McMaf'ion The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 This i trument was acknowledged before me on 2013 by Lucky McMahon as attorney of The F My commission expires: /704 --©/5' Title (and Ran 3313 CERTIFIED MAIL NO. NOI: 71969009843000730411 CERTIFIED MAIL NO. FSN: 71969009843000733047 CERTIFIED MAIL NO. NOPP: 71969009843000744388 Cory Jared Sequera 501 Pearl St Kemmerer, WY 83101* NOI: 71969009843000730428 FSN: 71969009843000733054 NOPP: 71969009843000744395 NOI: 71969009843000730435 FSN: 71969009843000733061 NOPP: 71969009843000744401 CERTIFIED MAIL NO. NOPP: 71969009843000744418 Susan Sequera 802 Cedar Ave. Kemmerer, Wy. 83101 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 23, 2013 and the date of the first publication of the notice of foreclosure sale was August 8, 2013, and the date of the first publication of the notice of Postponement of foreclosure sale was September 5, 2013. Certificate of Sale Sequera 12- 07537R Page 5 of 7 0387 KEMMERER GAZ5T7E AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming U2- 07531 +0905. COSPkg.doc EXHIBIT B PUBLISHER'S AFFIDAVIT 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 dreulatlon In said County and State; and that the legal notice herein attached was published In said newspaper for the full period of ,2 consecutive Issues /weeks; the first ;Dublin Ion being on the 3 day of .4 20 l3 and the last publication being on the 12 day of and that said advertisement appeared In each and every number of said newspaper during the period of publication as above stated. (Signed) Subscribed In my presence and sworn to before me on 1 12 day of be4 J .D., 20�, by Rietraet sen, Publisher. otary Signet KEMMERER, WYOMING STATE OF WYOMING )ss, COUNTY OF LINCOLN 20J.; Certificate of Sale Sequera 12- 07537R Page 7 of 7 ®388 AFFIDAVIT OF PUBLICATION Kemmerer Gazelle Kemmerer, Wyoming KEMMERER GAZETTE �RECLOSURE SALE NOTICE 'd the pay of princ and in terest has e,terms`of a promissory note "Note' and real estate �rtg Sh e Mortgage dated Nove 11 2005 nd'delivered Dale:k: Sequera and Susan J.`Sequera Mortg Electronic Registration, 3 em s Inc as no •n e i 0t► oans tnc. itsrsuccessors a a ss i gns, a s s ecuri ty for the Note! f the same <date, and s41‘4'1'--°'1,7665' o age was recorde on No vember ecepton No, 9 1 3893jinBoo a Page 4 35 in t he r ecords of the Coun Clerk,and ex offici Regi ter of Deeds.in a nd or. Lincoln County ;',State,of Wyoming, and t/ER A, the m ortgage, was assigned for value as follows: Assignee OneWes B FSB Assignment dated7April'19 `2070 s ignmentrec orded April,26 010 2 s igpmen t•recording i at Reception No. 953097 in '6'.' 7 cords of the Co and ex officio Register of Deeds 4 �e coma ils a power which byjreason mo rtgag ee declar b ecome operative and no as been i at law to re c ov er the debt secured any part thereof,: ha s any su suitor proceeding he sam e, discon ued; anore tte n otice of i n t e nt t f clos e th M,4 i 1S by o o h as been serve e cd upo the rec ord bwnl n s ses si° e t o mortgage prem ises a 1 0) 'day p s rior me nceine nt of th s publica ©n; and;th amo duel u pon the a, e d s tk i no tice d sale being the o ,a ir 45 which st t c on t of th u principal bat- a a I? fir u intere t acgived�to th date o f,the first pub lication 40, plus o ther c osts m the a mount a o ei�s eo� osts expended and accruiit terest l ar aft e ofifi t ubbc ,oliI this,ntice sle, ub: e ��se ^prgpemy being for „may be sublet to WEB e.g V6 Yl not be e at the sle. y�, rust o y ve x p u r chase r sho uldres e a r 'I, the status of ti tle before W est'B;ank, FSB, as `the Mortg will have law de d;by ca usi n g the mort v enue by the, She o r Deputy Sh er i ff in ming to th h bidder for c ash at 10;00 o'clock in;the� ;ro epo on' °Sep tember 3, 20 at do o f t Lincoln County, Courthouse locate a t 925;.;:Sage Ave Kemmere WY,'LincolnCounty, for application on}the above desc ribed a mo un ts 'secured f c 9 the Mortgage, said'mortgaged property bein d escribed a folio `,Yo wit T'HE L OT NUMBE R ED 'TWELVE (12).' OF THE BLQCK NU ML f;) RED STATE OF g GF i �THERW U ELD R, G,IMPROVE AND APP ENANC THE ITHALLB R O N SIT A E OR IN AN YWI S E MENT UNTO Pearl St, Kemmerer, WY 83101 proyernents thereon situate and all fixtures and OneWest Bank, FSB By: The Castle Law Group, LLC 330 S. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)_ 5379 PUBLISH August 8, 15, 22, 29, 2013 (12- 07547R) 0808B uUbrKg.aOC PUBLISHER'S AFFIDAVIT EXHIBIT B I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of Che 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 the first pubticatl. being on the 2 ,2013 and the last publi being on the 2 1 20 /3'; and that sald adve day of day of each and every number of said newspaper during the period of pUbllcatlon as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF t STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Michael Jensen, P Subscribed In my presence and sworn to o this ,Z day of A.D., 20 /3, Wisher. consecutive Issues /weeks; KEMMERER, WYOMING STATE OF WYOMING )ss” COUNTY OF LINCOLN ment appeared In Uertlticate of sale Sequera 12- 07537R Page 6 of 7 0389 STATE OF WYOMING COUNTY OF NATRONA 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 $2,252.67 as compensation for services actually rendered in the foreclosure proceeding. 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. State of Wyoming County of Natrona Th's day of Castle Law Group, LC. NOTARY PUBLIC KELLEY L DRELICHARZ r ;lr COUNTY OF NAOTRONA Commission Ex Tres Jan 19, 2015 My commission expires: COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 8 -8 -13 PUB COST NOPP 9 -5 -13 Conduct Sale Record Cert. of Sale Record Assn. of Cert. of Sale Record Sheriff's Deed Sheriffs Fee Sale Sheriffs Fee Deed Title Update Total $2,252.67 EXHIBIT C AFFIDAVIT OF ATTORNEY SS By. Lucky ahon The Castle Law Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 600.00 577.00 226.07 486.40 205.20 50.00 33.00 15.00 15.00 10.00 10.00 25.00 trument was acknowledged before me on I., 2013 by Lu Icy McMa• n\as attorney of The (Si Title (and Ra Certificate of Sale Sequera 12- 07537R Page 8 of 7 0390