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Home My WebLink About974455209830 STATE OF WYOMING COUNTY OF LINCOLN CERTIFICATE OF SALE SS RECEIVED 12/10/2013 at 10:30 AM RECEIVING 974455 BOOK: 825 PAGE: 125 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY O. '2 e 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 March 20, 2008, executed and delivered by Anthony Shpart and Tammy Shepard to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, its successors and assigns and (b) that certain mortgage dated March 20, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 11, 2008, at Reception No. 938198 in Book 691 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: LOT 3 OF BLOCK 40 OF FIRST ADDITION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 610 Emerald St, Kemmerer, WY 83101 -3322 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Assignment dated: June 21, 2012 Assignment recorded: July 2, 2012 Assignment recording information: at Reception No. 965360 in Book 788 at Page 705 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, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP "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. COSPkg.doc Certificate of Sale Shepard 13 -06935 Page 1 of 7 d 26 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 November 14, 2013 issue of said newspaper and ending with the December 5, 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 December 10, 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 $68,640.00 "Bid Sum which was bid and offered by BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP "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 $2,207.68 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 Shepard 13 -06935 Page 2 of 7 STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: JANET PAULSON NOTARY PUBLIC County of State of Lincoln ,F Wyoming My Commission Expires 1C0 COSPkg.doc ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Print Na John P. Stetzenbach Title: Deputy Sheriff MA 01-kkkrk Nota Public 0.27 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 December 10, 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 10th day of December 2013. Sheriff in and for Lincoln County, State of Wyoming By: foregoing instrument was subscribed in my presence and acknowledged before me by John P. Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 10th day of December 2013. Certificate of Sale Shepard 13 -06935 Page3of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS o 28 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 March 20, 2008 (the "Mortgage and recorded on April 11, 2008, at Reception No. 938198 in Book 691 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 Anthony Shpart and Tammy Shepard "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Assignment dated: June 21, 2012 Assignment recorded: July 2, 2012 Assignment recording information: at Reception No. 965360 in Book 788 at Page 705 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: 70122210000098720340 CERTIFIED MAIL NO. FSN:70123460000236881261 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Horne Loans Servicing, LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000769527 CERTIFIED MAIL NO. FSN: 71969009843000772787 CURRENT RESIDENT 610 Emerald St Kenunerer, WY 83101 -3322 COSPkg.doc Certificate of Sale Shepard 13 -06935 Page4of7 CERTIFIED MAIL NO. NOI: 71969009843000769534 CERTIFIED MAIL NO. FSN: 71969009843000772794 Anthony C Shepard 610 Emerald St Kemmerer, WY 83101 -3322 CERTIFIED MAIL NO. NOl: 71969009843000769541 CERTIFIED MAIL NO. FSN: 71969009843000772800 Tammy J Shepard 610 Emerald St Kemmerer, WY 83101 -3322 3. That the date of mailing of the notice of intent to foreclose the Mortgage was October 29, 2013 and the date of the first publication of the notice of foreclosure sale was November 14, 2013. State of Wyoming County of Natrona day o Castle Law Group, LLC. FURTHER AFFIANT SAYETH NAUGHT. This i strument was acknowledged before me on 2013 by Lucky Mc :hon as attorney of The �F?1. psi. r.> 1. u�. ,'t•.'.� >�:i,..'.'7:..sty;a:rn4 Fri Int 16 r►! E„t.4t HARZ VtlY0h1lING COUNTY OF t ATI ONA i S t xpice::s Jean 99, 2015 My commission expires: COSPkg.doc /Yl y: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 0 c`i 129 Title (and Rank) Certificate of Sale Shepard 13 -06935 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming the; ayme t of principal and P °�soryt rote and real o age datedMarch'20 2008, R zdnd,Tammy Shepard "",Mort a on Systems, Inc as nominee, ou and, assigns, k s security for; e Was recordedon April 11 at Page 756'in the records of; ex-o rio Register of Deeds -in'andfoi n'g oreclo t w l 0 pieastta r (10) d ays`prioru i e amount due upon the noticetof sale being the bar- St, Kemmerer, WY 83101 -3322. toregn situate and all fixtures; and, Street 0 E' uu Kg.aoc tied for value as follows; A SUCCESSOR; BY MERGER P FICA COUNTRYWIDE" PUBLISHER'S AFFIDAVIT te estnte mort- Vy as executed g g or(s) oun v ote at no” inc'oln ister of ,LC Ste'400 asper, WY ",8261 0000:' 307) 5379, Nov. 14, 21,27, Dec. 5, 2013`(13- 06935) 1114A EXHIBIT B KEMMERER, WYOMING 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 4/ consecutive issues /weeks; the first publication being on the day of !1 �J 20 /3 STATE OF WYOMING )ss. COUNTY OF LINCOLN and the las ublication being on the 5 day of -brh,' 20 /3 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by Mark Publisher otary Mark Tesoro, Publisher 0 30 ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF j STATE OF LINCOLN ,,(r? WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to befo me L.,Y k onn this Lq 5 day of 1 J t:Y A.D., 20 /3, Signature Certificate of Sale Shepard 13 -06935 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 $2,207.68 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 SAYE NAUGHT. State of Wyoming County of Natrona dayo Castle Law Group, LLC. NANG Aa an 19, 201 4n My commission expires: COSPkg.doc Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 12 -5 -13 Title Update x 1 Sale Attendance Fee Record Cert of Sale Sheriff's Fee Sale EXHIBIT C AFFIDAVIT OF ATTORNEY SS Total $2,207.68 NO•1AR` KELLEY �L DRFLICHARZ STATE: OF WYOMING M COOKY OF NATRONA o rnaliz loll Expires Jan 19, 201 J OJs tme--Ae- y: Lucky 'cMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Thi strument was acknowledged before me on 2013 by Lucky McMahon as attorney of The atu riai o ic_ Title (and Rank 1,000.00 529.00 48.88 514.80 25.00 50.00 30.00 10.00 0_31- Certificate of Sale Shepard 13 -06935 Page 7 of 7