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HomeMy WebLinkAbout9741062 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS RECEIVED 11/12/2013 at 11:27 AM RECEIVING 974106 BOOK: 824 PAGE: 15 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0015 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 January 7, 2005, executed and delivered by William W Hunter to Mortgage Electronic Registration Systems, Inc., as nominee for Cherry Creek Mortgage Co., Inc. its successors and assigns and (b) that certain mortgage dated January 7, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 11, 2005, at Reception No. 905814 in Book 576 at Page 878 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: 9 COSPkg LOT 2, 3 AND 4 OF TRACT C OF THE ARCHIE HILL SUBDIVISION, ACCORDING TO THAT PLAT FILED DECEMBER 7, 1962, FILING NO. 372631 IN THE OFFICE OF COUNTY CLERK, LINCOLN, WYOMING. with an address of 61 First Avenue, Alpine, WY 83128 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: October 29, 2012 Assignment recorded: November 13, 2012 Assignment recording information: at Reception No. 967896 in Book 798 at Page Assignee: PennyMac Mortgage Investment Trust Holdings I, LLC Assignment dated: November 1, 2012 Assignment recorded: November 19, 2012 Assignment recording information: at Reception No. 968034 in Book 798 at Page 422 Assignee: PennyMac Mortgage Investment Trust Holdings 1, LLC Assignment dated: March 14, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 970001 in Book 807 at Page 43 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. Certificate of Sale Hunter 13 -06228 Page 1 of 7 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, PennyMac Mortgage Investment Trust Holdings I, 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 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 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 $93,100.00 "Bid Sum which was bid and offered by PennyMac Mortgage Investment Trust Holdings I, 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 $2,314.96 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 Remainder of page intentionally left blank 0016 Certificate of Sale Hunter 13 -06228 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 SS Witness my hand and official seal. M. Shane Johnson ACKNOWLEDGMENT Sheriff in and for Lincoln County, State of Wyoming By: Print N. o, John P. Stetzenbach 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. 0017 JANET PAULSON NOTARY PUBLIC State of County of Wyoming Lincoln My Commission Expires Certificate of Sale Hunter 13 -06228 Page3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS 0018 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 January 7, 2005 (the "Mortgage and recorded on January 11, 2005, at Reception No. 905814 in Book 576 at Page 878 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 William W Hunter "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Cherry Creek Mortgage Co., Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: CitiMortgage, Inc. Assignment dated: October 29, 2012 Assignment recorded: November 13, 2012 Assignment recording information: at Reception No. 967896 in Book 798 at Page 9 Assignee: PennyMac Mortgage Investment Trust Holdings I, LLC Assignment dated: November 1, 2012 Assignment recorded: November 19, 2012 Assignment recording information: at Reception No. 968034 in Book 798 at Page 422 Assignee: PennyMac Mortgage Investment Trust Holdings I, LLC Assignment dated: March 14, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 970001 in Book 807 at Page 43 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: COSPkg Certificate of Sale Hunter 13 -06228 Page4of7 CERTIFIED MAIL NO. NOI: 71969009843000753298 CERTIFIED MAIL NO. FSN: 71969009843000761354 PennyMac Mortgage Investment Trust Holdings I, LLC 27001 Agoura Rd. Calabasas, CA 91301* CERTIFIED MAIL NO. N01: 71969009843000753311 CERTIFIED MAIL NO. FSN: 71969009843000761361 CURRENT RESIDENT 61 First Avenue Alpine, WY 83128* CERTIFIED MAIL NO. N01: 71969009843000753328 CERTIFIED MAIL NO. FSN: 71969009843000761378 William W Hunter 61 First Avenue Alpine, WY 83128* CERTIFIED MAIL NO. NOI: 71969009843000753335 CERTIFIED MAIL NO. FSN: 71969009843000761385 William W Hunter PMB 094 970 W Broadway Jackson, WY 83001 3. That the date of mailing of the notice of intent to foreclose the Mortgage was September 18, 2013 and the date of the first publication of the notice of foreclosure sale was October 17, 2013. State of Wyoming County of Natrona This in rument was acknowledged before me on day o{ 44142013 by L cky Mahon as attorney of The Castle Law Group, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex{Siri Jan 19, 2015 Title (and R. k) My commission n exp COSPkg FURTHER AFFIANT SAYEThI NAUGHT. P `-By: Lucky Mc ahon The Castle Law Group, LLC 123 West 1 Street, Suite 400 Casper, WY 82601 307 333 -5379 (S CERTIFIED MAIL NO. NOI: 71969009843000753342 CERTIFIED MAIL NO. FSN: 71969009843000761392 William W Hunter PO Box 3493 Alpine, WY 83128 CERTIFIED MAIL NO. NOI: 71969009843000753359 CERTIFIED MAIL NO. FSN: 71969009843000761408 Mortgage Electronic Registration Systems, Inc., (MERS) PO Box 2026 Flint, MI 48501 CERTIFIED MAIL NO. NOI: 71969009843000753366 CERTIFIED MAIL NO. FSN: 71969009843000761415 Cherry Creek Mortgage, Inc. 7600 East Orchard Road, #250 N Greenwood Village, CO 80111 CERTIFIED MAIL NO. N01: 71969009843000753298 CERTIFIED MAIL NO. FSN: 71969009843000761422 PennyMac Mortgage Investment Trust Holdings I, LLC 6101 Condor Drive Moorpark, CA 93021 natur of not ria o) icer) Certificate of Sale Hunter 13 -06228 Page 5 of 7 0019 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming essors a n assignn as,se unty foist} e M ortgage was recorded on Janua 11: ,'2 Book 576. at Page t37k8 in the records o 4opnt�,Clerk and ex of cto Register of Deed 'Inky', Stateof Wyoming,, A'S, the mortgage was ,assigned fc CitiMo7rtgage, ent „dated October 29, 2012 enttrecort ed f November 139929. 1,2 1 info rmati o at Reeption tga e'Investment Lber,1. 201.2. Irtgage contains'`a power of sale which by re agee*ckares to have be ome operative, ar een in stituted :at law to recover,the debt sec part th ereof, nor has any such suitor prose time discontinued d en `noti o f intent to oreclose a Mortga i h s loe n4erved upon, record owner apt t d�prerises at feast ten 40) days cation up andt ie; amount due on s B,otice of saler'beine ORE PennyMac Mortgage Investment T rust 11°1(41 s; gagee w ill h ijve the Mortgage foreclo as by; a the mortgag property to be sold at public venue pu enfi lo,, and for County, Wyoming t ;r cash at f 00 o'clock to the forenoon bn November tvc oor of�the Lincoln=County Courthouse locate at t euu erer, Lincoln County for _application. on anlounts secured by.tbe Mortgage said mortgaged nbedi fo llo w s to wjt O F RAC�T C OF T HE ARC E HILL SUBDIVI rsTO T T PLA FILED D 962 MBER� 1 Hl °1~'10E. OF COUNTY CLER I I1Vr 'YOMING 61, First Ave Alpine W 83� Dg 1 prpvein thereon situate an d all' fixtures and a ea vestment Tru Holdings 1,, LLC ;on n o 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 consecutive issues /weeks; the first public 'on being on the thn 20 /.-3 day of and the last publication being on the day of ,20/3 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, Publisher Subscribed in my presence and sworn to T day of before me on this 201, Publisher otary Signatur 0020 KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUUBLLUC cowl OF `Ji' STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES SPLITS Certificate of Sale Hunter 13 -06228 Page6of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS 002 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 $2,314.96 as compensation for services actually rendered in the foreclosure proceeding. 2X day o COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 11 -7 -13 Title Update Sale Attendance Fee Record Cert of Sale Sheriffs Fee Sale Total $2,314.96 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 SAYE jFLNAUGHT. 64, 7' 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 Castle Law Group, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA 'mission Ex +ires Jan, 19, 2015 awr My commission expires: 7/2-d /r This ins ment was acknowledged before me on n., 2013 by Lucky M M. :has attorney of The of na arial Title (and Ra K 1,000.00 555.00 97.76 547.20 25.00 50.00 30.00 10.00 Certificate of Sale Hunter 13 -06228 Page 7 of 7