Loading...
HomeMy WebLinkAbout975414217937 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: COSPkg CERTIFICATE OF SALE o STATE OF WYOMING U I- l J J W °a ,-z SS m COUNTY OF LINCOLN a c 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 July 14, 2008, executed and delivered by Richard w L. Johnson and Lori A. Johnson to Mortgage Electronic Registration Systems, Q Y Inc., as nominee for Ace Mortgage Funding LLC, its successors and assigns and a W W (b) that certain mortgage dated July 14, 2008 (the "Mortgage securing said a note, which Mortgage was executed and delivered by said mortgagor(s), to said o "6 z mortgagee, and was recorded on July 24, 2008, at Reception No. 940784 in E o Book 700 at Page 715 in the records of the office of the County Clerk and ex- o M W z officio Register of Deeds in and for Lincoln County, State of Wyoming, and which N N o Mortgage covers that certain real property described below, as follows, to -wit: N W z J BEGINNING AT THE SOUTHWEST CORNER OF THE a z SOUTHEAST QUARTER SOUTHEAST QUARTER OF SECTION co 7, TOWNSHIP 34 NORTH, RANGE 118 WEST OF THE 6TH P.M., z w LINCOLN COUNTY, WYOMING, AND RUNNING EAST 165 FEET; o z THENCE NORTH 528 FEET; THENCE WEST 185 FEET; w z m w THENCE SOUTH 528 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THERETO. with an address of 777 Lost Creek Road, Thayne, WY 83127 -9732 Assignee: Wells Fargo Bank, NA Assignment dated: February 20, 2012 Assignment recorded: February 23, 2012 Assignment recording information: at Reception No. 963341 in Book 781 at Page 657 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, Wells Fargo Bank, NA "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 Johnson 14 -00212 Page 1 of 8 co LL 0 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 $99,060.00 "Bid Sum which was bid and offered by Wells Fargo Bank, NA "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 $2,614.82 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 m ..index of pa- intentionally left blank Certificate of Sale Johnson 14 -00212 Page 2 of 8 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 25tiday of February 2014. STATE OF WYOMING COUNTY OF LINCOLN Title: Deputy Sheriff ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming 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. My Commission Expires:) J4 6 COSPkg Witness my hand and official sea By: Prin John Stetzenbach &AA mkt: Nota Public April PrinsIsi Natmy P is Cour.:1 of 1 Certificate of Sale Johnson 14 -00212 Page 3 of 8 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 July 14, 2008 (the "Mortgage and recorded on July 24, 2008, at Reception No. 940784 in Book 700 at Page 715 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 Richard L. Johnson and Lori A. Johnson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Ace Mortgage Funding LLC, its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Wells Fargo Bank, NA Assignment dated: February 20, 2012 Assignment recorded: February 23, 2012 Assignment recording information: at Reception No. 963341 in Book 781 at Page 657 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: 8q: \docs_cas2K \wy \Mailing.doc Certificate of Sale Johnson 14 -00212 Page 4 of 8 CERTIFIED MAIL NO. NOI: DO NOT SEND PER CLIENT CERTIFIED MAIL NO. FSN: DO NOT SEND PER CLIENT Wells Fargo Bank, NA 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED MAIL NO. N0I: 71969009843000799609 CERTIFIED MAIL NO. FSN: 71969009843000800817 CURRENT RESIDENT 777 Lost Creek Road Thayne, WY 83127 -9732 CERTIFIED MAIL NO. NOI: 71969009843000799616 CERTIFIED MAIL NO. FSN: 71969009843000800824 Richard L. Johnson 777 Lost Creek Road Thayne, WY 83127 -9732 CERTIFIED MAIL NO. NOI: 71969009843000799623 CERTIFIED MAIL NO. FSN: 71969009843000801043 Richard L. Johnson 777 County Road 120 Thayne, WY 83127 CERTIFIED MAIL NO. N01: 71969009843000799630 CERTIFIED MAIL NO. FSN: 71969009843000800848 Richard L. Johnson PO Box 152 Thayne, WY 83127 -0152 CERTIFIED MAIL NO. NOI: 71969009843000799647 CERTIFIED MAIL NO. FSN: 71969009843000800855 Lori A. Johnson 777 Lost Creek Road Thayne, WY 83127 -9732 CERTIFIED MAIL NO. NOI: 71969009843000799654 CERTIFIED MAIL NO. FSN: 71969009843000800862 Lori A. Johnson 777 County Road 120 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000799661 CERTIFIED MAIL NO. FSN: 71969009843000800879 Lori A. Johnson PO Box 152 Thayne, WY 83127 -0152 CERTIFIED MAIL NO. NOI: 71969009843000799678 CERTIFIED MAIL NO. FSN: 71969009843000800886 Mortgage Electronic Registrairon Systems, Inc. (MERS) 1901 E Voohees Street, Suite C Danville, IL 61834 CERTIFIED MAIL NO. NOI: 71969009843000799685 CERTIFIED MAIL NO. FSN: 71969009843000800893 Mortgage Electronic Registrairon Systems, Inc. (MERS) PO Box 2026 Flint, MI 48501 -2026 CERTIFIED MAIL NO. N01: 71969009843000799692 CERTIFIED MAIL NO. FSN: 71969009843000800909 Ace Mortgage Funding LLC 7820 Innovation Blvd., Suite 300 Indianapolis, IN 46278 CERTIFIED MAIL NO. NOI: 71969009843000799708 CERTIFIED MAIL NO. FSN: 71969009843000800916 Wells Fargo Bank, N.A. 1 Home Campus Des Moines, IA 50328 8q: \docs_cas2K \wy \Mailing.doc Certificate of Sale Johnson 14 -00212 Page 5 of 8 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 17, 2014 and the date of the first publication of the notice of foreclosure sale was January 30, 2014. State of Wyoming County of Natrona 8q: \docs_cas2K \wy \Mailing.doc FURTHER AFFIANT SAYETH NAUGHT. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA omission Ex fires Jan 19, 2015 My commission expires: )//7/./..dAr By: Lucky McM hon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 T. is instrument was acknowledged before me on ,e)6 1 8-- day of 2014 by Lucky McMahon as attorney of The Castle Law Group, LLC. Title (and R nk) Certificate of Sale Johnson 14 -00212 Page 6 of 8 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming "IaOJ „SAL NOTICE in,the p ayment aim. interest has oc fxa promissory note "Note and real estate rngrt I© A f e Mortgage dated July 14," 2008, was executed and chard L. Johnson and Lon A. Jol n�son t "M rtgagor(s) e E lectronic Registration S r s, I uuo, as ominee for Ace ,ruitdtng Y i' C, its successor as security for, the da te, and said Mortgag, ase,M�e qn July 24 2008, 0 40784 in Book 700`'�age ui the records; of the gedg in and for piny Clerk and ex-officio of Wyoming; e mortgage was assi Is;Fargo ank,'NA c1 February 20 2012 corded uE9Y 23, 2012 cording information: at Reception No. 963341 in Book =i County Clerk and ex- officio Register of Deeds, J yomtng. ortgagecontains. a power; of sale which by reason, ortgagee;declares.to have become operative, and stbee ?in'stttuted at law to recover the debt secured. n ,thereof, nor has any such suit or proceeding' i a eisame discontinued; and A writt notice of intent to foreclose the Mortgage by on d' s lehas been served upon=the record owner and the sst of te mortgaged premises at least,ten (10) days prior endement h of this publication, and the amount due upon the e�'date' of first ublication of this notice of sale being the, lists of the unpaid princip bat= ucc1t9, the date of the -first s pu bl catto nottntof° 4, 6 84.20; plus t other cos to the amoun r meYs' fees, costs expended, and accruing interest erthe date of first publication of this notice of sale,; i neproperty?being foreclosed upon may be subject to encumbrances that will not be extinguished a t t�1e sale, purchaser should. research the status; of title before FORE Welis Fargo Bank, NA, as the Mortgagee, will,. gage foreclosed as by law provided by causing the wort- y Lob e: old at public venue by the Sheriff or D eputya Sh er i ff p o Wyarmng „to the h ghest'bidder for ;Gash at forenoon on ,Februa y 25, 2014. 'at the front door of 'fourehotse' at =925 Sage Ave Kemm erer, fo on the above described amounts t• age, said m being describedd'as THE SOUT, WEST CORNER OF THE S f JTH- OUTHEASTQUARTER OF'SECTION 7, TOWN RANGE x,18 ST OF 6TH P LINCOLN, :,RUNNING EA'SAI165 FEET; THENCE ;NCE WEST 185 "1`, THENCE S0 `1 TH POINTOFBE to i (3'TO CrETHER'WITHALL VEMENT6'A APPURTENANC T ON YWISB APPE =G Lo st C F `reek'Rdad;rihayne, WY 83127 -9732. vements J th ereon ,situate and' allf fixtures and le Wells Fargo Ba k, NA By: The. Castle Law Group, T2 Wes 1�cf Street Ste 400 per, Ntsrir EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN by Mark 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 publication being on the 66 day of '"T L' II J 20 and the las p blication being on the 26 day of 20 14 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 ROSEMARY CAPELLEN NOTARY PUBUC COUNTY OF t' STATE OF LINCOLN h WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me an this 20 day of }:e_ t Alit iv,,. A.D., 20 /�f esoro, Publisher ure 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 $2,614.82 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee TITLE UPDATE x 1 PUB COST FSN 2 -20 -14 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE EXHIBIT C AFFIDAVIT OF ATTORNEY SS 1,000.00 835.00 134.42 25.00 530.40 50.00 30.00 10.00 Total $2,614.82 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 SAYETH4IAUGHT. State of Wyoming County of Natrona a�8 day of Castle Law Group, LLC. NOTARY PUBLIC KI ST E O Y FW WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19, 2015 My commission expires: 8q: \docs_cas2K \wy \Mailing.doc 121 By: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 his instrument was acknowledged before me on 2014 by Lupky McMah e attorney of The Certificate of Sale Johnson 14 -00212 Page 8 of 8