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HomeMy WebLinkAbout975759221308 a Q Ts•o LLJ DD x o i" m L C D ca STATE OF COUNTY OF 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 October 20, 2008, executed and delivered by Kirby Joe Booth and Donna L Booth to Wells Fargo Bank, N.A. and (b) that certain mortgage dated October 20, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 24, 2008, at Reception No. 943141 in Book 707 at Page 637 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: 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 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 March 6, 2014 issue of said newspaper and ending with the March 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 April 1, 2014 at 10:00 o'clock in the COSPkg WYOMING LINCOLN CERTIFICATE OF SALE SS LOT 2 OF HIALEAH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON MAY 27, 1982 AS INSTRUMENT NO. 578121 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. with an address of 2487 Hwy 241, Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. Certificate of Sale Booth 14 -00790 Page 1 of 7 D O z z O n 'ar z 0 r z uD Di n c z �c z 'c D 1 rn r m p. Z N m n t r) r v Z rn O rn 0 c m 0 Z n rn "ft p m v 7 N 0 0 D 3 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 $85,800.00 "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 $2,361.84 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 of page intentionally left blank Certificate of Sale Booth 14 -00790 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 April 1, 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 1st day of April 2014. STATE OF COUNTY OF WYOMING LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Troy Jansen Deputy Sheriff of Lincoln County, State of Wyoming, this 1st day of April 2014. Witness my hand and official seal. My Commission Expires... (t COSPkg ACKNOWLEDGMENT SS By: M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming Print Name: Troy Jansen Title: Deputy Sheriff NotaFv Public Certificate of Sale Booth 14 -00790 Page 3 of 7 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE 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 October 20, 2008 (the "Mortgage and recorded on October 24, 2008, at Reception No. 943141 in Book 707 at Page 637 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 Kirby Joe Booth and Donna L Booth "Mortgagor(s) the named mortgagor(s), and Wells Fargo Bank, N.A. is the named mortgagee; 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: 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. NOI: 71969009843000811110 CERTIFIED MAIL NO. FSN: 71969009843000813060 CURRENT RESIDENT 2487 Hwy 241 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000811127 CERTIFIED MAIL NO. FSN: 71969009843000813077 Kirby Joe Booth 2487 Hwy 241 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000811134 CERTIFIED MAIL NO. FSN: 71969009843000813084 Kirby Joe Booth PO Box 161 Afton, WY 83110 -0161 CERTIFIED MAIL NO. NOI: 71969009843000811141 CERTIFIED MAIL NO. FSN: 71969009843000813091 Donna L Booth 2487 Hwy 241 Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000811158 CERTIFIED MAIL NO. FSN: 71969009843000813107 Donna L Booth PO Box 161 Afton, WY 83110 -0161 COSPkg EXHIBIT A SS Certificate of Sale Booth 14 -00790 Page 4 of 7 CERTIFIED MAIL NO. N01: 71969009843000811165 CERTIFIED MAIL NO. FSN: 71969009843000813114 Wells Fargo Bank, N.A. P.O. Box 11701 Newmark, NJ 07101 -4701 CERTIFIED MAIL NO. FSN: 71969009843000814265 Kirby Joe Booth Donna L Booth 195 N 6 i St Montpelier, ID 83254 3. That the date of mailing of the notice of intent to foreclose the Mortgage was February 19, 2014 and the date of the first publication of the notice of foreclosure sale was March 6, 2014. State of Wyoming County of Natrona 2? Castle Law Group, LLC. My commission expires: /1/ 3' COSPkg FURTHER AFFIANT SAYETH NAUGHT. .?r,. NOTARY PUBLIC %L VY L DRIELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 Lucky Mc ahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 This i gtrument was acknowledged before me on 2014 by Lu ky McMahar1 attorney of The Certificate of Sale Booth 14 -00790 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ate?o l ereto. Bank, NA le,L w Group, LLC te. 1 RE SALE NOTICE Payment of principal and interest has a promissory note "Note and real es- ;dge) The Mortgage dated October 20, 2008, vered by Kirby Joe Booth and Donna L Booth 'ells Fargo Bank, N.A.,' as security for the Note �ortgage was recorded on October, 24, 2008, ut ;Book 707 at Pager 637 in the records of the erk and ex- officio Register of Deeds in and for yoming; and tgage contains a power of sale which by reason M agee declares to have become operative, and no een instituted at law to recover the debt secured *+art thereof, nor has an suit or proceedtrig e discontinued; and otiee of intent to foreclose` the Mortgage by has been served upon the' record owner and the e mortgaged premises at least ten (10) days prior merit 'of this publication, and the amount due upon the first publication of this notice of sale being the 84 which sum consists of the unpaid principal bal- l s interest accrued to the date of the first publication amount, of $3,889.06, plus other costs in the amount *bunt attorneys'` fees, costs expended, and accruing interest date of first publication of this notice of sale; awe ,roper.ty'being foreclosed'upon may be subject to rances that will not be extinguished at the sale: user should research the status of title before PUBLISHER'S AFFIDAVIT RE Wells Fargo Bank, NA, as the Mortgagee, will by law provided by causing the mort- etsold at public venue by the Sheriff or Deputy Sheriff aunty,:Wyoming to the highest bidder for cash at,10 oe enoon on April 1, 2014 at the front door of the Lincoln ,o c ated at 925 Sage Avenue, Kemmerer, WY, Lincoln on ont he above- described amounts secured by the aged property being described as follows, to -wit: i SUBDIVISION, LINCOLN COUNTY, WYO- ON THE OFFICIAL PLAT FILED, ON MAY LJMENT NO, 578121 OF THE RECORDS OF THE 7k Hwy 241, Afton, WY 83110. rovements thereon situate and all fixtures and 20, 27, 2014 (14- 00790) 0306 EXHIBIT B KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN 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 6) day of 1) t Lehi 20 and the last publication being on the day of 2 20 /4 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. ENV ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF n I STATE OF UNCOLN r! WYOMING MY COMMISSION EXPIRES 5/5/te Subscribed in my presence and sworn to before M me on this 2. Tday of dAfi- A.D., 20 by Mark Tesor�, Publisher /Notary Signa Mar Tesoro, Publisher Booth 14 -00790 Page 6 of 7 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 $2,361.84 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 SAYETH AUGHT. By: Lucky McM hon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 State of Wyoming County of Natrona 7 day of y d'„ Castle Law Group, LLC. COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 3 -27 -14 TITLE UPDATES x 1 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE Total $2,361.84 This in "trument was acknowledged before me on 2014 by Lupky McM 1167Cas attorney of The COUNTY OF Cornmiaaio "ARZ Jan 19, 2015 My commission expires: NOTARY PUBLIC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA 'mission Ex Tres Jan 19, 2015 EXHIBIT C AFFIDAVIT OF ATTORNEY 1,000.00 757.00 84.24 405.60 25,00 50.00 30.00 10.00 Certificate of Sale Booth 14 -00790 Page 7 of 7