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HomeMy WebLinkAbout974105180846 W I C Ga fy x 0 6.; fri V. d1 Q. STATE OF WYOMING COUNTY OF LINCOLN COSPkg CERTIFICATE OF SALE SS with an address of 450 Maple Street, LaBarge, WY 83123 Together with all improvements thereon situate and all fixtures and appurtenances thereto. RECEIVED 11/12/2013 at 11:27 AM RECEIVING 974105 BOOK: 824 PAGE: 8 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 008 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 13, 2009, executed and delivered by Barry Rogers to Wells Fargo Bank, N.A. and (b) that certain mortgage dated October 13, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 21, 2009, at Reception No. 950118 in Book 734 PR at Page 285 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 BLOCK 3 OF ALLEMAN SECOND ADDITION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT NO. 332B FILED ON NOVEMBER 29, 1989 AS INSTRUMENT NO. 711017 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. 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 Rogers 13-01551R Page 1 of 7 0o09 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 $46,800.00 "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 $2,924.99 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 Certificate of Sale Rogers 13-01551R 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 Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Gu; f Print N John P. Stetzenbach Title: Deputy Sheriff 0 0 i u 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. Notary'ublic JANET PAULSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires `t 1 %J Certificate of Sale Rogers 13-01551R 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 October 13, 2009 (the "Mortgage and recorded on October 21, 2009, at Reception No. 950118 in Book 734 PR at Page 285 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 Barry Rogers "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. NOI: 71969009843000757173 CERTIFIED MAIL NO. FSN: 71969009843000761309 CURRENT RESIDENT 450 Maple Street LaBarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000757180 CERTIFIED MAIL NO. FSN: 71969009843000761316 Estate of Barry Rogers 450 Maple Street LaBarge, WY 83123* CERTIFIED MAIL NO. NOI: 71969009843000757197 CERTIFIED MAIL NO. FSN: 71969009843000761323 Estate of Barry Rogers 635 Park Avenue Apt 515 Idaho Falls, ID 83402 CERTIFIED MAIL NO. N0I:70123460000236880868 CERTIFIED MAIL NO. FSN: 71969009843000761347 Steven Rogers and Kathy Thomson c/o Carrie Gorgacz, Beard St.Clair Gaffney, PA 2105 Coronado Street Idaho Falls, ID 83404 COSPkg EXHIBIT A SS 0011 Certificate of Sale Rogers 13-01551R Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000757203 CERTIFIED MAIL NO. FSN: 71969009843000761330 The Heirs and Devisees of the Estate of Barry Rogers 450 Maple Street LaBarge, WY 83123 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 26, 2013 and the date of the first publication of the notice of foreclosure sale was October 17, 2013. State of Wyoming County of Natrona day of Castle Law Group, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. This in rument was acknowledged before me on 2013 by Luck McMahon as attorney of The NOTARY PUBLIC KELLEY L DREUCHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex sires Jan 19, 2015 Title (and Ran My commission expires: (PI 16/r s- 0012 r z By: Lucky M c The Castle Law Group, LLC 123 West 1st Street, Suite 400 Casper, WY 82601 307 333 -5379 Certificate of Sale Rogers 13-01551R Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 1 o Lri coln State o Vy omrng rlgage contains; a power` o f sale which by ir" agee.declares to have become,operatrve, een instituted at" law.' to recover the debt se part`thereof,.nor has any such suit or pros atne discontinued; and notice of,rntent, to foreclose the `M ort be s e� rve d upon n the�record owne e mo t age premises at J.east t 10) clays the highest b d dder forcash ate er'12, 2013 at the front door,ol at.,925 Sage Avenue, Kemm'i on}t above described am Igaged property being describe; COSPkg 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 °L i the first publi day of and the last pu day of by-Nlar Tesoro consecutive issues/weeks; tion being on the /'T 20, lication being on the KEMMERER, WYOMING M. rk Tesoro, Publisher 0 1.3; and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN e,1! WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this of ublisher otary Signe STATE OF WYOMING )ss. COUNTY OF LINCOLN A.D., 20 f,'3 e 0013 Certificate of Sale Rogers 13-01551R 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 $2,924.99 as compensation for services actually rendered in the foreclosure proceeding. Total 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 SAYETJ NAUGHT. State of Wyoming County of Natrona 7 day of Castle Law Group, LLC. COSPkg Attorney Fees (Foreclosure) Statutory Notice Fee TITLE UPDATE x 2 PUB COST FSN 11 -7 -3 Sale Attendance Fee Record Cert of Sale Sheriffs Fee Sale Previous Invoice NOTARY PUaLiC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex =Jan 19, 2015 My commission expires: V /7/2 0/...1 EXHIBIT C AFFIDAVIT OF ATTORNEY SS 650.00 61.10 250.00 395.20 50.00 30.00 10.00 1,478.69 $2,924.99 0014 By: Lucky M ahon The Castle Law Group, LLC 123 West 1st Street, Suite 400 Casper, WY 82601 307 333 -5379 This i j.trument was acknowledged before me on 2013 by Lucky Mc on as attorney of The Title (and Ra Certificate of Sale Rogers 13-01551R Page 7 of 7