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HomeMy WebLinkAbout974104STATE OF WYOMING COUNTY OF LINCOLN RECEIVED 11/12/2013 at 11:27 AM RECEIVING 974104 CERTIFICATE OF SALE BOOK: 824 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SS 0001 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 May 9, 2008, executed and delivered by Cody L Hollibaugh and Rachel T. Hollibaugh to Wells Fargo Bank, N.A. and (b) that certain mortgage dated May 9, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 16, 2008, at Reception No. 939067 in Book 694PR at Page 756 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: COSPkg LOT 17 OF THE TAYLOR THIRD SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED JANUARY 19, 1979 AS INSTRUMENT NO. 518798. with an address of 14 Thors Lane, Cokeville, WY 83114 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, Wells Fargo Bank, N.A. "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 October 17, 2013 issue of said newspaper and ending with the November 7, 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 November 12, 2013 at 10:00 o'clock in the Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 1 of 7 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 $45,000.00 "Bid Sum which was bid and offered by Wells Fargo Bank, N.A. "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 $1,892.74 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 Remainder of page intentionally left blank 0002 Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 2 of 7 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 November 12, 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 12th day of November 2013. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Print 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 12th day of November 2013. Witness my hand and official seal. \\Lk ?(',ULdi)(A Public 0003 County of /i� State of Lincoln Wyoming My Commission Expires �I Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 3 of 7 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 May 9, 2008 (the "Mortgage and recorded on May 16, 2008, at Reception No. 939067 in Book 694PR at Page 756 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 Cody L Hollibaugh and Rachel T. Hollibaugh "Mortgagor(s) the named mortgagor(s), and Wells Fargo 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. N01: DO NOT SEND PER CLIENT CERTIFIED MAIL NO. FSN: DO NOT SEND PER CLIENT Wells Fargo Bank, N.A. 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. N01: 71969009843000755360 CERTIFIED MAIL NO. FSN: 71969009843000761743 CURRENT RESIDENT 14 Thors Lane Cokeville, WY 83114* CERTIFIED MAIL NO. N01: 71969009843000755377 CERTIFIED MAIL NO. FSN: 71969009843000761750 Cody L Hollibaugh aka Cody Lynn Hollibaugh 14 Thors Lane Cokeville, WY 83114* CERTIFIED MAIL NO. NOI: 71969009843000755384 CERTIFIED MAIL NO. FSN: 71969009843000761767 Cody L Hollibaugh aka Cody Lynn Hollibaugh 599 N Washington St Dietrich, ID 83324 -5095 CERTIFIED MAIL NO. NOI: 71969009843000755391 CERTIFIED MAIL NO. FSN: 71969009843000761774 Cody L Hollibaugh aka Cody Lynn Hollibaugh PO Box 443 Cokeville, WY 83114 COSPkg EXHIBIT A SS 0004 Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000755407 CERTIFIED MAIL NO. FSN: 71969009843000761781 Rachel T Hollibaugh 14 Thors Lane Cokeville, WY 83114* CERTIFIED MAIL NO. NOI: 71969009843000755414 CERTIFIED MAIL NO. FSN: 71969009843000761798 Rachel T Hollibaugh 599 N Washington St Dietrich, ID 83324 -5095 CERTIFIED MAIL NO. NOI: 71969009843000755421 CERTIFIED MAIL NO. FSN: 71969009843000761804 Rachel T Hollibaugh PO Box 443 Cokeville, WY 83114 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 24, 2013 and the date of the first publication of the notice of foreclosure sale was October 17, 2013. State of Wyoming County of Natrona FURTHER AFFIANT SAYETH NAUGHT. This ins .ument was acknowledged before me on 7d day of �.�1` 2013 by Lucky Mc on as attorney of The Castle Law Group, LLC. COSPkg NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex »fires Jan 19, 2015 The Castle Law Group, LLC 123 West 1 Street, Suite 400 Casper, WY 82601 307 333 -5379 Title (and Ra k) My commission expires: //91,26/.1 y: Lucky McMahon 0005 Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page5of7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming COSPkg EXHIBIT B PUBLISHER'S AFFIDAVIT by Mark esoro 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 publi a being on the T day of 20 /3 and the last publication being on the day of 9 zM th MJ f3 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) before me on this ublisher Of_ r otary Signaturi KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN Mark Tesoro, Publisher Subscribed in my presence and sworn to day of A.D., 20 73 O06 ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i'„, STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES W18 Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 6 of 7 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 $1,892.74 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 11 -7 -13 Sale Attendance Fee Record Cert of Sale Sheriffs Fee Sale Title Update x 1 Total $1,892.74 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. 1/) L 11): Cf--- By: Lucky McMahon The Castle Law Group, LLC 123 West 1 Street, Suite 400 Casper, WY 82601 307 333 -5379 State of Wyoming County of Natrona COSPkg This in)rument was acknowledged before me on 2013 by Lucky McMa. .4 as attorney of The ?V/ day Castle Law Group, LLC. a NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Expires Jan 19, 2015 My commission expires: EXHIBIT C AFFIDAVIT OF ATTORNEY X Gt SS Title (and R. k) 850.00 447.00 85.54 395.20 50.00 30.00 10.00 25.00 0007 Certificate of Sale Hollibaugh aka Cody Lynn Hollibaugh 13 -06505 Page 7 of 7