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HomeMy WebLinkAbout9755110 218356 W Y a W Q Q r Z M LL O o 0 d- O U o V Z N 0 w Z W J z_ O N W 1-4 u4 0 z U0 Z z 0 w Qf J CO STATE OF WYOMING COUNTY OF LINCOLN 121 COSPkg.doc CERTIFICATE OF SALE SS 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 May 1, 2007, executed and delivered by Robyn A. Bircher to Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons, its successors and assigns and (b) that certain mortgage dated May 1, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 3, 2007, at Reception No. 929003 in Book 656 at Page 641 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: UNIT 9 OF ROCKY POINT CONDOMINIUMS TOGETHER WITH UNDIVIDED INTEREST IN COMMON ELEMENTS IN ACCORDANCE WITH THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED JUNE 21, 2006 IN BOOK 624PR ON PAGE 34 AND THE CORRECTED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED AUGUST 24, 2006 IN BOOK 631 PR ON PAGE 423 AND BY THE OFFICIAL PLAT FILED ON JUNE 21, 2006 AS INSTRUMENT NO. 919536 AND ON THE CORRECTED PLAT FILED AUGUST 24, 2006 AS INSTRUMENT NO. 921671 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 9 Fresian Circle, Thayne, WY 83127 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: April 9, 2012 Assignment recorded: April 23, 2012 Assignment recording information: at Reception No. 964199 in Book 785 at Page 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 Bircher 14 -00364 Page 1 of 7 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. 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 February 6, 2014 issue of said newspaper and ending with the February 27, 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 March 4, 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 $91,733.19 "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 $2,255.51 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 Bircher 14 -00364 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 March 4, 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 4th day of March 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires -/4-f COSPkg.doc Sheriff in and for Lincoln County, State of Wyoming By: ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Print Na e: 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 4th day of March 2014. ILL Thilaviittk Public April Br nskf Notlry Puh?ic m 1.1."100%1 yUm�.l�U F 1 1 e"' t,�y Commission ExAirese� Certificate of Sale Bircher 14 -00364 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 May 1, 2007 (the "Mortgage and recorded on May 3, 2007, at Reception No. 929003 in Book 656 at Page 641 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 Robyn A. Bircher "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Bank of Idaho, fsb, dba First Bank of the Tetons, 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: April 9, 2012 Assignment recorded: April 23, 2012 Assignment recording information: at Reception No. 964199 in Book 785 at Page 121 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: 70112970000393584254 CERTIFIED MAIL NO. FSN:70132630000091005474 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000802071 CERTIFIED MAIL NO. FSN: 71969009843000803634 CURRENT RESIDENT 9 Fresian Circle Thayne, WY 83127* COSPkg.doc Certificate of Sale Bircher 14 -00364 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000802088 CERTIFIED MAIL NO. FSN: 71969009843000803641 Robyn A. Bircher 9 Fresian Circle Thayne, WY 83127* CERTIFIED MAIL NO. NO1: 71969009843000802095 CERTIFIED MAIL NO. FSN: 71969009843000803658 Robyn A. Bircher PO Box 13257 Jackson, WY 83002 CERTIFIED MAIL NO. NOI: 71969009843000802101 CERTIFIED MAIL NO. FSN: 71969009843000803665 Robyn A. Bircher 209 2nd St Idaho Falls, ID 83401 CERTIFIED MAIL NO. NOI: 71969009843000802118 CERTIFIED MAIL NO. FSN: 71969009843000803672 Robyn A. Bircher 9 Fresian Circle aka 262 Fresian Circle 49 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000802125 CERTIFIED MAIL NO. FSN: 71969009843000803689 Robyn A. Bircher PO BOX 1123 Thayne, WY 83127 CERTIFIED MAIL NO. NOI: 71969009843000802132 CERTIFIED MAIL NO. FSN: 71969009843000803696 Bank of America, N.A. 1001 Liberty Avenue, Suite 675 Pittsburgh, PA 15222 CERTIFIED MAIL NO. NOI: 71969009843000802149 CERTIFIED MAIL NO. FSN: 71969009843000803702 Bank of America, N.A. 8609 Westwood Center Vienna, VA 22183 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 23, 2014 and the date of the first publication of the notice of foreclosure sale was February 6, 2014. State of Wyoming County of Natrona 7--- day of Castle Law Group, LLC. NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex Ires Jan 19 2015 My commission expires: COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. 3his instrument was acknowledged before me on 2014 by L cky McMa r s as attorney of The //7? /-1 Gi2iI� By: Lucky M Mahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and Ran Certificate of Sale Bircher 14 -00364 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming EXHIBIT B "if by Mark Tesoro, 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 C,c day of 20 /_T and the last p blication bei on the day of ��.II !I. ,20 14 and that said advertisem each and every number of said newspaper during the period of publication as above stated. (Signed) Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF STATE OF LINCOLN `p: t's!; WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this day of A.D., 20 I`T otary Signa KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN appeared in Certificate of Sale Bircher 14 -00364 Page 6of7 STATE OF WYOMING COUNTY OF NATRONA Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 2 -27 -14 Title Update x 1 Sale Attendance Fee Record Certificate of Sale Sheriffs Fee Sale State of Wyoming County of Natrona 2 7 day of Castle Law Group, LLC. 'lARY PU.sUC L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex Tres Jan 19 2015 My commission expires: COSPkg.doc EXHIBIT C AFFIDAVIT OF ATTORNEY SS 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 $2,255.51 as compensation for services actually rendered in the foreclosure proceeding. 850.00 600.00 113.31 577.20 25.00 50.00 30.00 10.00 Total $2,255.51 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 AUGHT. V 7 6r—--- 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 2014 by Lucky McM on as attorney of The "z„‘, Title (and ,Rtank) Certificate of Sale Bircher 14 -00364 Page 7 of 7