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HomeMy WebLinkAbout976250CERTIFICATE OF SHERIFF'S SALE The undersigned, by virtue of a foreclosure by advertisement and sale, as previously published in favor of Mortgage Electronic Registration Systems, Inc. "MERS as nominee for Premium Capital Funding, LLC d/b /a Topdot Mortgage, and under authority of that Mortgage as recorded on July 28, 2008 as Rec. No. 940845, Book 700, Page 881 -891, as recorded in the Office of the County Clerk, Lincoln County, Wyoming and Wyo. Stat. §34 -4 -102, as assigned to BAC Home Loans Servicing, LP, predecessor in interest to Bank of America, N.A. as Mortgagee, recorded March 9, 2010 as Rec. No. 952440, Book 743, Page 515 in the public records of the County Clerk of Lincoln County, Wyoming. I, Shane Johnson, the Sheriff of Lincoln County, Wyoming, or his assignee, was directed to sell the property described below, according to law, and to apply the proceeds of the sale to satisfy the debt of $317,211.91 which includes the unpaid principal and accrued but unpaid interest which continues to accrue at the rate of $43.22 per day for a total bid of $90,480.00. I certify that on April 22, 2014, I sold to the highest bidder at public auction conducted by me at the Lincoln County Courthouse, Kemmerer, Wyoming, according to law and after due notice as published in the local paper, a paper of general circulation in the County, all of the following real property: Lot 201 of Nordic Ranches Subdivision No. 13, Lincoln County, Wyoming as described on the official plat recorded October 3, 2002 as Document Number 884517 and Map Number 189 -A in the Office of the Clerk, Lincoln County, Wyoming; with an address of 111 Spur Loop, Etna, Wyoming 83118. The sale was conducted according to notice; the highest bidder was Bank of America, N.A., for the amount of $90,480.00. The sale is subject to redemption within four months, dependent on status as specified in W.S. §1 -18 -103. I have executed this Certificate on this 22 day of April, 2014. STATE OF WYOMING COUNTY OF LINCOLN SS Sheriff 1 ep i ty Sheriff, 1 incoln County, Wyoming The foregoing instrument was acknowledged before m e y 101} S Q C as Sheriff Deputy Sheriff, Lincoln County, Wyoming this 0 iit day of April, 2014. My Commission Expires: 6 lit (5 `Y No ar l 1 /111A$ 1lA- April Brunskl Notary Public 976250 4/22/2014 10:07 AM t County of .Ij1 LINCOLN COUNTY FEES: $33.00 PAGE 1 OF 8 Lincoln BOOK: 830 PAGE: 818 CERTIFICATE JEANNE WAGNER, LINCOLN COUNTY CLERK My Commission Expires Y.r'4i'N•e0.��'�d' "S9'G`4 �*+•He.6t>4i%•e4' ti'�. 111111 II 1111 III 111 1111111111111111 1111111111111111111111111111111 AFFIDAVIT OF COUNSEL I, Bruce S. Asay, being first duly sworn to depose and state as follows: 1. I am an attorney duly licensed in the state of Wyoming to practice law and am familiar with the prerequisites to foreclosure as contained in W.S. 34 -4 -101 et seq and specifically in W.S. 34 -4 -103 and that the prerequisites have been accomplished in regard to the foreclosure sale of Randy A. Weifenbach, as published in the County of Lincoln in the Star Valley Independent newspaper as required by the referenced statute. Further, an Affidavit of Publication is attached to this affidavit. In addition, a written Notice of Intent to Foreclose the Mortgage was served upon Randy A. Weifenbach, the record owners and persons in possession if different, pursuant to statute, specifically W.S. 34 -4 -103 at least ten days prior to publication as evidenced by a copy of the Notice as contained in the attachment. 2. As the prerequisites up to foreclosure have been accomplished as contained in W.S. 34 -4 -103, and that Notice of said foreclosure sale has been mailed to specific parties, including the record owners and person in possession if different and subordinate lienholders of record (if any), then published appropriately in a newspaper in Lincoln County, Wyoming consistent with the requirements of W.S. 34 -4 -104, said foreclosure sale is appropriate. 3. As an attorney licensed to practice law in the state of Wyoming, I would provide this Affidavit consistent with W.S. 34 -4 -112 and request costs and expenses associated with the sale: including the costs of advertisement ($450.00); record report ($768.00); Sheriff's fee ($10.00); Agent fee ($100.00); photocopies, recording and postage ($159.76); and attorney's fee ($650.00) as authorized by mortgagee. 4. Further the affiant would state that there has been and is no agreement, express or implied, between the undersigned and his client, nor between him and any other person except a practicing attorney in this state engaged with him as an attorney in the foreclosure proceeding, for any sharing or division of fees so to be allowed or added to the debt involved, and said fee when so allowed or added to the debt shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in this state and residing therein. FURTHER the affiant sayeth naught. Dated this day of April, 2014. Bruc Associated Legal coup LLC 1807 Capitol Avenue, Ste 203 Cheyenne, WY 82001 307 632 -2888 STATE OF WYOMING COUNTY OF LARAMIE ss. Subscribed, sworn to and acknowledged before more, a Notary Public, by Bruce S. Asay, this 11 day of April, 2014. My Commission Expires: 7-115 /7- MY COMMISSION EXPIRES FEB. 15, 2015 notary Public I SARAH HALE, Managing Editor of the Star Valley Independent, published weekly at Afton, Lincoln County, Wyoming, do solemnly swear that the notice, a copy of which is hereto attached, was published weekly in the regular and gntire issue of said newspaper, and not in any supplement thereof, for /'G i r consecutive issues, commencing with the issue date /274fr-c.G? 2014, and ending with issue dated /9/)r. 2014. NOTICE OF FORECLOSURE SALE WHEREAS, default in the pay- ment of principal and interest has occurred under the terms of a promissory note dated June 25, 2008 executed and delivered by Randy A. Weifenbach to .lender,, Premium Capital Funding, LLC d/b/a Topdot Mortgage, and a real estate mortgage of the same date securing the Note, which Mortgage was recorded in favor of Mortgage Electronic Registration Systems, Inc "MERS as Mortgagee acting solely as nominee for Lender and Lender's successors and assigns, recorded on, July 28, 2008 as Rec. No. 940845, Book 700, Page 881-891, in the public records in the office of the County. Clerk of. Lincoln County Wyoming; as assigned to BAC Home Loans Servicing, LP, pred- ecessor in interest to Bank of America, N.A. as Mortgagee recorded March 9, 2010 as Rec No. 952440, Book 743, Page 515 in the public records in the office of the County Clerk of Lincoln County, Wyoming. The premises that are described in the Mortgage are as follows: m in before me this day of 2014. My commission expires August 31, 2017 Lot 201 of Nordic Ranches Subdivision No. 13, Lincoln County, Wyoming as described on the official plat recor ed October 3, 2002 as Document Number 884517 and Map Number 189 -A in the Office of the Clerk, Lincoln County, Wyoming; with an address of 111 Spur Loop, Etna, Wyoming 83118. Bank of America, N.A., has served a written Notice of Intent to Foreclose the Mortgage by Advertisement and Sale pur- suant to the terms of the Mortgage to the record owner or party in possession in accor- dance with the statute ten (10) days prior to the first publica- tion of the sale. The amount due and owing on the date of the first publication is $317,863.67 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of $43.22 per day. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective .pur chaser should research the sta- tus of title before submitting a bid. JANA BRYANT NOTARY PUBLIC County of i State of Lincoln Wyoming My Commission Expir e s August 31, 2017 NOTICE IS HEREBY GIVEN, pur- suant to W S.e ,34-3-101 et seq., (1977 Republished Edition) that the, above described property will be at public venue sold by the. Sheriff of Lincoln County, to the highest bidder at the hour of 10 :00 o'clock A.M. on the 22nd of April, 2014, at the courthouse steps of Lincoln County. DATED this 4th day of March, 2014. BY:, Bruce .S. Asay Associated Legal Group, LLC 1807 Capitol Ave Suite 203 Cheyenne, WY 82001 (307) 632 -2888 Attorney for Bank,. of America, N.A. Publish Mardi 12, 19, 26 April 2, 2014 WHEREAS, default in the payment of principal and interest has occurred under the terms of a promissory note dated June 25, 2008 executed and delivered by Randy A. Weifenbach to Lender, Premium Capital Funding, LLC d/b /a Topdot Mortgage, and a real estate mortgage of the same date securing the Note, which Mortgage was recorded in favor of Mortgage Electronic Registration Systems, Inc., "MERS as Mortgagee acting solely as nominee for Lender and Lender's successors and assigns, recorded on July 28, 2008 as Rec. No. 940845, Book 700, Page 881 -891, in the public records in the office of the County Clerk of Lincoln County, Wyoming; as assigned to BAC Home Loans Servicing, LP, predecessor in interest to Bank of America, N.A., as Mortgagee, recorded March 9, 2010 as Rec. No. 952440, Book 743, Page 515 in the public records in the office of the County Clerk of Lincoln County, Wyoming. The premises that are described in the Mortgage are as follows: Lot 201 of Nordic Ranches Subdivision No. 13, Lincoln County, Wyoming as described on the official plat recorded October 3, 2002 as Document Number 884517 and Map Number 189 -A in the Office of the Clerk, Lincoln County, Wyoming; with an address of 111 Spur Loop, Etna, Wyoming 83118. Bank of America, N.A., has served a written Notice of Intent to Foreclose the Mortgage by Advertisement- and Sale pursuant to the terms of the Mortgage to the record owner or party in possession in accordance with the statute ten (10) days prior to the first publication of the sale. The amount due and owing on the date of the first publication is $317,863.67 which includes the unpaid principal and accrued but unpaid interest. Interest continues to accrue on the unpaid balance at the rate of $43.22 per day. The property being foreclosed upon may be subject to other liens and encumbrances that will not be extinguished at the sale and any prospective purchaser should research the status of title before submitting a bid. NOTICE IS HEREBY GIVEN, pursuant to W.S.§ 34 -3 -101 et seq., (1977 Republished Edition) that the above described property will be at public venue sold by the Sheriff of Lincoln County, to the highest bidder at the hour of 10:00 o'clock A.M. on the 22 of April, 2014, at the courthouse steps of Lincoln County. DATED this 4 day of March, 2014. BY: Bruce S. Asay Associated Legal Group, LLC 1807 Capitol Ave Suite 203 Cheyenne, WY 82001 (307) 632 -2888 Attorney for Bank of America, N.A. NOTICE OF FORECLOSURE SALE Publish dates: March 13, 20, 27, and April 3, 2014. SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we,can return the card to you. Attach this card to the back of the mailpiece, or on the" ont if space permits. 1. Article Randy A Wei f'enbac.h P.O. box 31Qq- AlPine \NY 1 331a8 O'7� Ir nJ L7 c11 C3 O C7 ru ru m 0 N sed to: 2. Article Number (Transfer from service label) r PS Form 3811, July 2013 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Fees 0, 48 3.30 .70 $6oq8 Se To or PO Box No. /1 p irw 11 LL City, State, ZIP +4 AI •Ine WY 83Ia8 -b7art PS Form 3800, August 2006 See Reverse for Instructions Domestic Return Receipt ark B. Received tit y r ri/ infeAi ame)) C. Date of Deily ry J e address D. Is deli ry s different from Ite` m 1? Yes If YES, enter delivery address below:. 3. Service Type ¢ELCertified Mail® Priority Mail Express"" Registered Return Receipt for Merchandise Insured Mail Collect on Delivery 4. Restricted. Delivery? (Extra Fee) 7013 2250 0000 8980 2779 Yes TO: Randy A. Weifenbach 111 Spur Loop Etna, WY 83118 NOTICE OF INTENTION TO FORECLOSE MORTGAGE BY ADVERTISEMENT AND SALE Default in a condition of the hereinafter described mortgage having occurred by reason of which the power of sale therein has become operative, and pursuant to Wyoming Statutes 34-4 103(a)(iv), you are hereby notified that after ten days from date hereof, Bank of America, N.A. intends to commence publication in the Star Valley Independent newspaper, at Afton, Wyoming, the notice of sale, to wit: Real Estate Mortgage executed by Randy A. Weifenbach, as Mortgagor, in favor of Mortgage Electronic Registration Systems Inc. "MERS as Mortgagee solely as nominee for Premium Capital Funding, LLC d/b /a Topdot Mortgage, recorded on July 28, 2008 as Rec. No. 940845, Book 700, Page 881 -891, in the public records in the office of the county clerk of Lincoln County, Wyoming; as assigned to BAC Home Loans Servicing, LP, as predecessor in interest to Bank of America, N.A., recorded on March 9, 2010 as Rec. No. 952440, Book 743, Page 515, in the public records in the office of the county clerk of Lincoln County, Wyoming given to secure, payment of the original principal: sum of $249,690.00 and mortgaging all of the property located at 111 Spur Loop, Etna, Wyoming 83118, more particularly described as: Lot 201 of Nordic Ranches Division No. 13, Lincoln County, Wyoming as described on the official plat recorded October 3, 2002 as Document Number 884517 and Map Number 189 -A in the Office of the Clerk, Lincoln County, Wyoming. DATED thisiay of February, 2014. Mailing Address: P.O. Box 3724 Alpine, WY 83128 -0724 Bank of America, N.A. By: Bruce say Associated Legal Group, LLC 1807 Capitol Ave., Suite 203 Cheyenne, WY 82001 307 632 -2888 Attorney for Bank of America, N.A. Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 1 Total Postage Fees U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma _J 0 0 a. Postage Certified Fee tr) tr) cO C.) ■1•11•1111■11101•11=111.11110.11 11■11•NIMINNIII owri■i■ 1■111•101EM 1111111111■1111■111111 m ru ru D Llt9 3.30 d 10 Randy A. Weifenbach 111 Spur Loop Etna, WY 83118 N LJ [CI U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Poster P. Postage Certified Fee Sent To Randy A. Weifenbach Street, Apt P.O. Box 3724 or PO Box 1 City, State, Alpine, WY 83128-0724 0 00 cI rf 00 0 CD 1-9 ru