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HomeMy WebLinkAbout976340212836 STATE OF WYOMING COUNTY OF LINCOLN COSPkg 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 22, 2007, executed and delivered by Paul A. Phillips and Vicky Phillips to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns and (b) that certain mortgage dated May 22, 2007 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on June 7, 2007, at Reception No. 930121 in Book 661 at Page 107 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: LOTS ONE (1) AND TWO (2) OF BLOCK EIGHTEEN (18), ORIGINAL TOWNSITE OF COKEVILLE, LINCOLN COUNTY, WYOMING. with an address of 205 Sage St, Cokeville, WY 83114 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment dated: May 17, 2013 Assignment recorded: October 15, 2013 Assignment recording information: at Reception No. 973703 in Book 822 at Page 351 Assignee: U.S. Bank, National Association, as Trustee for the CertificateHolders of LXS 2007 -16N Trust Fund Assignment dated: March 6, 2014 Assignment recorded: March 17, 2014 Assignment recording information: at Reception No. 975632 in Book 829 at Page 264 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, U.S. Bank, National Association, as Trustee for the CertificateHolders of LXS 2007 -16N Trust Fund "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) 976340 4/29/2014 11:54 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 831 PAGE: 249 CERTIFICATE JEANNE WAGNER LINCOLN COUNTY CLERK 11111111 1111 1111 IIIII I 111111 11111111 IIIII IIP1I1111111J VIII III Certificate of Sale Philips 13 -07584 Page 1 of 7 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 April 3, 2014 issue of said newspaper and ending with the April 24, 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 29, 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 $153,928.11 "Bid Sum which was bid and offered by U.S. Bank, National Association, as Trustee for the CertificateHolders of LXS 2007 -16N Trust Fund "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 $2,570.92 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 R w. i Riin r of page intentionaily left blank Certificate of Sale Phillips 13 -07584 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 29, 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 29th day of April 2014. STATE OF COUNTY OF WYOMING LINCOLN The foregoing instrument was subscribed in my presence and acknowledged before me by Doug Roberts Deputy Sheriff of Lincoln County, State of Wyoming, this 29th day of April 2014. Witness my hand and official sea My Commission Expires: yI( /l5 April Brlailshl Not rI PISi ^!!c County of s i Lnco!i1 ny Commission Expife5 COSPkg 1 M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming SS Print Name: Doug Roberts Title: Deputy Sheriff ACKNOWLEDGMENT Nota blic lL AILV 'u Certificate of Sale Phillips 13 -07584 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 22, 2007 (the "Mortgage and recorded on June 7, 2007, at Reception No. 930121 in Book 661 at Page 107 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 Paul A. Phillips and Vicky Phillips "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Naitonstar Mortgage LLC Assignment dated: May 17, 2013 Assignment recorded: October 15, 2013 Assignment recording information: at Reception No. 973703 in Book 822 at Page 351 Assignee: U.S. Bank, National Association, as Trustee for the CertificateHolders of LXS 2007 -16N Trust Fund Assignment dated: March 6, 2014 Assignment recorded: March 17, 2014 Assignment recording information: at Reception No. 975632 in Book 829 at Page 264 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: 71969009843000819932 CERTIFIED MAIL NO. FSN: 71969009843000822253 U.S. Bank, National Association, as Trustee for the Certificate Holders of LXS 2007 -16N Trust Fund 350 Highland Dr. Lewisville, TX 75067* COSPkg CERTIFIED MAIL NO. NOI: 71969009843000819949 CERTIFIED MAIL NO. FSN: 71969009843000822260 CURRENT RESIDENT 205 Sage St Cokeville, WY 83114* Certificate of Sale Phillips 13 -07584 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000819956 CERTIFIED MAIL NO. FSN: 71969009843000822277 Paul A. Phillips 205 Sage St Cokeville, WY 83114* CERTIFIED MAIL NO. NOI: 71969009843000819963 CERTIFIED MAIL NO. FSN: 71969009843000822284 Paul A. Phillips PO Box 446 Cokeville, WY 83114 CERTIFIED MAIL NO, NOI: 71969009843000819970 CERTIFIED MAIL NO. FSN: 71969009843000822291 Paul A. Phillips 1775 Carmel Drive Idaho Falls, ID 83402 CERTIFIED MAIL CERTIFIED MAIL Vicky Phillips 205 Sage St Cokeville, WY 831 CERTIFIED MAIL CERTIFIED MAIL Vicky Phillips PO Box 446 Cokeville, WY 831 NO. NOI: 71969009843000819987 NO. FSN: 71969009843000822307 14* NO. N01: 71969009843000819994 NO. FSN: 71969009843000822314 14 3. That the date of mailing of the notice of intent to foreclose the Mortgage was March 19, 2014 and the date of the first publication of the notice of foreclosure sale was April 3, 2014. State of Wyoming County of Natrona day of Castle Law Group, FURTHER AFFIANT SAYETH NAUGHT. LC. KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA RJ d nmmission E,rplres.i x. T115 My commission expires: XS COSPkg Title (and Bank CERTIFIED MAIL NO. NOI: 71969009843000820006 CERTIFIED MAIL NO. FSN: 71969009843000822321 Vicky Phillips 1775 Carmel Drive Idaho Falls, ID 83402 CERTIFIED MAIL NO. NOI: 71969009843000820013 CERTIFIED MAIL NO. FSN: 71969009843000822338 First National Bank West 314 South Washington Street PO Box 1620 Afton, WY 83110 CERTIFIED MAIL NO. NOI: 71969009843000820044 CERTIFIED MAIL NO. FSN: 71969009843000822345 Mortgage Electronic Registration Systems, Inc. PO Box 2026 Flint, MI 48501 -2026 CERTIFIED MAIL NO. NOI: 71969009843000820075 CERTIFIED MAIL NO. FSN: 71969009843000822352 Quicken Loans Inc. 20555 Victor Parkway Livonia, MI 48152 CERTIFIED MAIL NO. NOI: 71969009843000820105 CERTIFIED MAIL NO. FSN: 71969009843000822369 Nationstar Mortgage LLC 350 Highland Drive Lewisville, TX 75067 6g291 By: Lucky M ahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 This instrument was acknowledged before me on 244P 2014 by Lucky McMahon as attorney of The Certificate of Sale Phillips 13 -07584 Page 5 of 7 nlee: ersti0„' t 13 82 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming SALE. NOTICE p a ym ent of prin and interest has noe "N of p ro a 'e d y P and real estate the vtortga e dated May 22,'2007, was executed Phillips and Vicky Phillips "Mortgagor(s), to egrstration'Sy „sfems,Inc as nominee for Quicken rs and assigns, as security for the Note o f t he sam ;e Was r 7, 2, it on, o. Page 1.07 in the records June ofthe 007 office oRecepti f the County:' e gister o Deeds. in and for Lincoln County, "State ge was assigned for value as follows: ortgage LLC 7, 2013 l October.15, 2013 jig information: at Reception No. 973703 in Book National Association,. as Trustee for the Certifi- -16 1" Trust Fund �rch'6,,2014 rch17, 2014 Rrmati Re on:'at ception.No. 975632 in Book s of the County Clerk and,ex =officio Register of Deeds n County, Wyoming y ie Mortgage contains a power of sale which by reason Mortgagee declares to have become operative, and no as been instituted at law to recover the debt secured y 4 part thereof, nor has any such suit or proceeding e same” discontinued; and en notice 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 is,publication, and the amount due upon the st publication of this notice of sale being the which 'sure consists of the unpaid principal i bal nterest accruedito the date of the first publication tut $8 621.71 plus other costs in the amount, fees, costs;; expended, and accruing interest date" of first publication of this notice of sale; p being foreclosed upon may be subject ?ran ces. that will not .be extinguished at the s r s h ou ld research the status of ;title before sub Bank; nl A in, as us fo: S 2007 -16 NatioN Tr a sAt,Fund as `the Mort Tr ee 0reclosed as by law ;provi atio by. causing the sold; at public venue by the Sheriff or• Deputy ,County, Wyoming to the highest bidder for cash orenoon on April 29, 2014 at the front door of !houselocated at, 925 Sage Avenue, Kemmerer, r for application on the above described, amounts ortgnge, said mortgaged property being described as ,AND `TWO (2) OF BLOC EIGHTEEN (18),ORIGI- OF CQKEVTLLE, LINCOL N COUNTY, WYOMING, of-205 Sage St, Cokeville, WY 83114. rovements thereon situate and all fixtures and ssociation, as Trustee for the CertificateHold- ers of LXS 2007-16N Trust Fund By: The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333-5379 0403D t. 7, 24, 2014 (13- 07584) EXHIBIT B PUBLISHER'S AFFIDAVIT 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; 20 /4, and the last publication being on the 24 ,20 /4 the first publication being on the day of «h day of (Signed) before me on this and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to Publisher Notary SignatG KEMMERER, WYOMING STATE OF WYOMING )ss, COUNTY OF LINCOLN day of A.D., 20, Phillips 13 -07584 Page 6 of 7 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 $2,570.92 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 NAUGHT. By: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 State of Wyoming County of Natrona Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee AOM RECORDING FEE AFF_PUB_ FSN TITLE UPDATE x 2 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE Total $2,570.92 �ma�cc../ This i strument was acknowledged before me on Y'-- day of 2014 by Lucky McMaho as attorney of The Castle Law Group,' LC. KEL LEY L DRELIC COUNTY OFNA�TRO WYOMING Commission Ex ires Jan 19, 2015 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS $1000.00 $633.00 $155.52 $12.00 $530.40 $150.00 $50.00 $30.00 $10.00 Certificate of Sale Phillips 13 -07584 Page 7 of 7