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STATE OF WYOMING
COUNTY OF LINCOLN
COSPkg.doc
CERTIFICATE OF SALE
SS
0113
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 February 12, 2009, executed and delivered by
Deah J. Carbaugh to Mortgage Electronic Registration Systems, Inc., as
nominee for GMAC Bank its successors and assigns and (b) that certain
mortgage dated February 12, 2009 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on July 28, 2009, at Reception No. 948597 in Book 728 at
Page 528 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 TWO (2) OF CMR SUBDIVISION, LINCOLN COUNTY,
WYOMING, ACCORDING TO THE PLAT RECORDED JUNE 15,
1995 AS DOCUMENT NUMBER 803595 AND MAP NUMBER 363,
IN THE OFFICE OF THE CLERK LINCOLN COUNTY, WYOMING
with an address of 320 CMR Rd, Etna, WY 83118
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: June 10, 2013
Assignment recorded: June 17, 2013
Assignment recording information: at Reception No. 971520 in Book 813 at Page
804
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, Ocwen Loan Servicing, LLC
"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
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
Page 1 of 7
four (4) consecutive weeks, commencing with the August 29, 2013 issue of said
newspaper and ending with the September 19, 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 September 24, 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
$91,649.91 "Bid Sum which was bid and offered by Ocwen Loan Servicing,
LLC "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 $2,083.94 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
Carbaugh aka Deah J. Carley 13 -05064
Page 2 of 7
0114
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 24, 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
24th day of SPpi-PmhPr 2013.
STATE OF WYOMING
COUNTY OF LINCOLN
My Commission Expires:
WHITNEY HYSELL NOTARY PUBLIC
County of
Lincoln State of
Wyoming
My Commission Expires i i f
COSPkg.doc
ACKNOWLEDGMENT
SS
The foregoing instrument was s bscribed in ray,, presence and
acknowledged before me by 3010 Skei2e ckch
Deputy Sheriff of Lincoln County, State of Wyoming, this 24th day of
SeptPmhor 2013.
Witness my hand and official s-a
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
By:
PrinWme:3 `r l n lA
Title: Deputy Sheriff
No ary Public
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
Page 3 of 7
O11
STATE OF WYOMING
COUNTY OF NATRONA
CERTIFIED MAIL NO. NOI:
CERTIFIED MAIL NO. FSN:
Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite
West Palm Beach, FL 33409*
CERTIFIED MAIL NO. NOI:
CERTIFIED MAIL NO. FSN:
CURRENT RESIDENT
320 CMR Rd
Etna, WY 83.118*
COSPkg.doc
71969009843000739049
71969009843000741783
100
71969009843000739056
71969009843000741790
CERTIFIED MAIL NO. NOI: 71969009843000739063
CERTIFIED MAIL NO. FSN: 71969009843000741806
Deah J. Carbaugh aka
Deah J. Carley
320 CMR Rd
Etna, WY 83118*
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 February 12, 2009 (the
"Mortgage and recorded on July 28, 2009, at Reception No. 948597 in Book
728 at Page 528 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 Deah J.
Carbaugh "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic
Registration Systems, Inc., as nominee for GMAC Bank its successors and
assigns is the named mortgagee, which Mortgage was assigned for value as
follows:
Assignee: Ocwen Loan Servicing, LLC
Assignment dated: June 10, 2013
Assignment recorded: June 17, 2013
Assignment recording information: at Reception No. 971520 in Book 813 at Page
804
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:
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
Page 4 of 7
0116
CERTIFIED MAIL NO. NOI: 71969009843000739070
CERTIFIED MAIL NO. FSN: 71969009843000741813
Deah J. Carbaugh aka
Deah J. Carley
PO Box 5397
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71969009843000739087
CERTIFIED MAIL NO. FSN: 71969009843000741820
Seth Michael Carley
320 CMR Rd
Etna, WY 83118*
CERTIFIED MAIL NO. NOT: 71969009843000739094
CERTIFIED MAIL NO. FSN: 71969009843000741837
Seth Michael Carley
PO Box 5397
Etna, WY 83118
CERTIFIED MAIL NO. NOI: 71969009843000739100
CERTIFIED MAIL NO. FSN: 71969009843000741844
Department of Veterans Affairs
VA Regional Loan Center
Box 25126
Denver, CO 80225
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was August 16, 2013 and the date of the first publication of the
notice of foreclosure sale was August 29, 2013.
State of Wyoming
County of Natrona
—day of
Castle Law Group, LLC.
NOTARY PUBLIC
KELLEY L DRELICHARZ
STATE OF WYOMING
COUNTY OF NATRONA
M Commission Ex .ires Jan 19, 2015
My commission expires:
/sir
COSPkg.doc
FURTHER AFFIANT SAYETH NAUGHT.
By: Lucky Mc hon
The Castle Law Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
This in ,trument was acknowledged before me on
2013 by Lucky McMahon as attorney of The
i r
Title (and Ra
0117
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
Page 5of7
KEMMERER GAZETTE
AFFIDAVIT OF PUBLICATION
Kemmerer Gazette
Kemmerer, Wyoming
COSPkg.doc
EXHIBIT B
PUBLISHER'S AFFIDAVIT
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 publica
day of
and the last publ
day of
KEMMERER, WYOMING
ion being on the ,2,
20 13,
on being on the
0
`.ali /1/
and that said advertisement appeared in
each and every number of said newspaper
during the period of publication as above
stated.
(Sign
Mark Tesoro, Publisher
ROSEMARY CAPELLEN NOTARY PUBLIC
c0UN1YOF V STATE OF
LINCOLN j, WYOMING
MY COMkMISSIONEXPIRES 51511
Subscribed in my presence and sworn to
before me on thi /9 day of
blisher
Notary Signatur
4-
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
Page 6 of 7
0118
STATE OF WYOMING
COUNTY OF NATRONA
COSPkg.doc
Attorney Fees (Foreclosure)
Title Commitment
Statutory Notice Fee
PUB COST FSN 8 -29 -13
TITLE UPDATE X 1
Conduct Sale
Record Cert. of Sale
Record Sheriffs Deed
Record Special Warranty Deed
Sheriffs Fee Sale
Sheriffs Fee Deed
State of Wyoming
County of Natrona
NOTARY PUBLIC
KELLEY L DRELICHARZ
COUNTY O N TRONA
M Commission Ex ires Jan 19, 2015
ti
My commission expires:
il?/
EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 $2,083.94 as compensation
for services actually rendered in the foreclosure proceeding.
Total $2,083.94
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 SAYETH NAUGHT.
By: Lucky Mc ahon
The Castle Law Group, LLC
330 So. Walsh Drive, Ste. 202
Casper, WY 82609 -0000
3073335379
ez I, This ins ument was acknowledged before me on
day of
Castle Law Group, LC.
2013 by Lucky McMahon as attorney of The
Title (an Ran
600.00
757.00
85.54
486.40
25.00
50.00
30.00
15.00
15.00
10.00
10.00
0119
Certificate of Sale
Carbaugh aka Deah J. Carley 13 -05064
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