Loading...
HomeMy WebLinkAbout975413216328 CERTIFICATE OF SALE STATE OF WYOMING SS COUNTY OF LINCOLN 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 25, 2009, executed and delivered by Danny Sid Adams and Joanne E. Adams to Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank, its successors and assigns and (b) that certain mortgage dated February 25, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on March 3, 2009, at Reception No. 945647 in Book 716 at Page 576 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 1 OF COTTONWOOD SUBDIVISION AMENDED, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICAL PLAT FILED ON APRIL 4, 1978 AS INSTRUMENT NO. 506316 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 78521 Hwy 89, Smoot, WY 83126 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. Assignment dated: January 31, 2013 Assignment recorded: February 7, 2013 Assignment recording information: at Reception No. 969370 in Book 804 at Page 161 Assignee: Green Tree Servicing LLC Assignment dated: March 8, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 969996 in Book 807 at Page 38 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, Green Tree 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 Certificate of Sale Adams 13 -08209 Page 1 of 7 1 0 Ili Q W J w H U p o U M v 0 1— 0 rt 0 O 2 VZ n�i cii u 0 U N w a z u_ IL! J z<w- 0. :zr o0- U N Z w 7ntri 0 z 1 Of�m�= 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 January 30, 2014 issue of said newspaper and ending with the February 20, 2014 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 February 25, 2014 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 $154,891.01 "Bid Sum which was bid and offered by Green Tree 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 $2,394.27 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 Adams 13 -08209 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 February 25, 2014, 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 25th day of February 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires�J4(S COSPkg By: Title: ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming gz Pri t Nam John Stetzenbach Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by John Stetzenbach Deputy Sheriff of Lincoln County, State of Wyoming, this 25th day of February 2014. Witness my hand and official sea (),0 Not a ublic April [3' isf;6 Notary Public Mate of kl I� (;emm kSiel1 Expires I Certificate of Sale Adams 13 -08209 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA 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 25, 2009 (the "Mortgage and recorded on March 3, 2009, at Reception No. 945647 in Book 716 at Page 576 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 Danny Sid Adams and Joanne E. Adams "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for 1st Bank, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Bank of America, N.A. Assignment dated: January 31, 2013 Assignment recorded: February 7, 2013 Assignment recording information: at Reception No. 969370 in Book 804 at Page 161 Assignee: Green Tree Servicing LLC Assignment dated: March 8, 2013 Assignment recorded: March 18, 2013 Assignment recording information: at Reception No. 969996 in Book 807 at Page 38 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: 71969009843000798077 CERTIFIED MAIL NO. FSN: 71969009843000801104 Green Tree Servicing LLC 7360 Kyrene Road Tempe, AZ 85283* CERTIFIED MAIL NO. NOI: 71969009843000798084 CERTIFIED MAIL NO. FSN: 71969009843000801128 CURRENT RESIDENT 78521 Hwy 89 Smoot, WY 83126* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000798091 CERTIFIED MAIL NO. FSN: 71969009843000801135 Danny Sid Adams 78521 Hwy 89 Smoot, WY 83126* CERTIFIED MAIL NO. NOI: 71969009843000798107 CERTIFIED MAIL NO. FSN: 71969009843000801142 Danny Sid Adams 337 Indian Paintbrush St Casper, WY 82604 -5322 Certificate of Sale Adams 13 -08209 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000798114 CERTIFIED MAIL NO. FSN: 71969009843000801159 Joanne E. Adams 78521 Hwy 89 Smoot, WY 83126* CERTIFIED MAIL NO. N01: 71969009843000798121 CERTIFIED MAIL NO. FSN: 71969009843000801166 Joanne E. Adams 337 Indian Paintbrush St Casper, WY 82604 -5322 CERTIFIED MAIL NO. N01: 71969009843000798138 CERTIFIED MAIL NO. FSN: NOT SENT PO BOX Assigned to someone else Cottonwood Property Owner's Association Inc PO Box 248 Afton, WY 83110 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 14, 2014 and the date of the first publication of the notice of foreclosure sale was January 30, 2014. State of Wyoming County of Natrona ,(6 day of Castle Law Group, LLC. COSPkg FURTHER AFFIANT SAYETH NAUGHT. Tj is instrument was acknowledged before me on 2014 by ucky McMon as attorney of The NOTARY PUBLIC KELLEY L DRELICHARZ COUNTY OFN Commission Ex, Tres Jan 19 2015 My commission expires: 1/ 0 Title (and rank) CERTIFIED MAIL NO. N01: 71969009843000798145 CERTIFIED MAIL NO. FSN: 71969009843000801173 Cottonwood Property Owner's Association Inc PO Box 1463 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000798152 CERTIFIED MAIL NO. FSN: 71969009843000801180 1st Bank 314 South Washington Street PO Box 1620 Afton, WY 83110 By: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Certificate of Sale Adams 13 -08209 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming age,was assigned for value as follows erica, b1.A d J anlaary 31, 2013 �e orded:,February 2 1 recording information: at Reception No. 969370 in Book lee 'vytormation at Reception 1Vo 9t 999t t f e Go uty Clerk, and ex officio Register o �ttuty, Wyoming tort gage contains s a power of sale w hich by brtgagee declares to have become operative een instituted at law to recover the debt se n y art Thereof, nor has any such suit' or`p e filt #41e, ands rte intent ok: oreclose the Mortgaf h s been erve ,upon the recor owner ortgaget{ premi at least ten (10) ?day Smoot, WX' $3126 aereen situate all' fixtures and n„ and the amp rstpu c ation of:this n otic e ,Ruch 4 sum consists of the unpaid nrinct l al terest accrue t o t he date o f the first ub .4nt a t nonnt pf 76, pl oth er ,c osts m, a oust torneys fees, •costs exp an accruing inter er the d of first p ublication of this notice of sale; 4e propert •being forec upon may be subject •to o P a nt es atwill�not be extinguished; tth s ale. ih a s st t4' d research the st tus,o title b fore,, e,ext Tree Servicing: forreclos a s by;law pro is venue by e e t he Shrii'f'or Dputy e'so ming to the i nghest bidder for Gash on on February '2 at the front door of ouse loeated'at 925 Sage.Avenue, Kemmerer, applicat on the above described, amounts said mortgaged, property being described as bMSI ,1 ®i✓b,LINCOLN EXHIBIT B PUBLISHER'S AFFIDAVIT reen Tree Servicing LLC e Castle_ Group LL C st,st Street Ste. 400 of 0 Teso` p, Pub sher 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 _V ,20 ng on the i s 1 20 and that said advertisem 4 appeared in day of and the last L day of ublication b before me on this KEMMERER, WYOMING each and every number of said newspaper during the period of publication as above stated. (Signed) Notary Sig Mark Tesoro, Publisher STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES 5/5/18 Subscribed in my presence and sworn to day of l A.D., 20 Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 2 -20 -14 Title Update x 1 Attend Sale Fee Sheriff Fee sale Record Certificate of Sale State of Wyoming County of Natrona ,;;20 f4 day of Castle Law Group, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex T res Jan 19, 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY STATE OF WYOMING SS 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 $2,394.27 as compensation for services actually rendered in the foreclosure proceeding. Total $2,394.27 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. ///y 0/,r- By: Lucky cMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 1,000.00 645.00 103.87 530.40 25.00 50.00 10.00 30.00 his instrument was acknowledged before me on 2014 by Lucky McMahon as attorney of The ignatu of not Title (and R. k Certificate of Sale Adams 13 -08209 Page 7 of 7