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HomeMy WebLinkAbout976855STATE OF WYOMING COUNTY OF LINCOLN 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 March 25, 2011, executed and delivered by Joshua C Simms, and Kristi N Simms to Bank of America, N.A. and (b) that certain mortgage dated March 25, 2011 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on April 5, 2011, at Reception No. 958746 in Book 765 at Page 1 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: COSPkg.doc THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LINCOLN, STATE OF WYOMING, AND IS DESCRIBED AS FOLLOWS: LOT 218 IN NORDIC RANCHES DIVISION NO. 13, LINCOLN COUNTY, WYOMING DESCRIBED ON THE OFFICIAL PLAT THEREOF. with an address of 150 Spur Loop, Etna, WY 83118 Together with all improvements thereon situate and all fixtures and appurtenances thereto. 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, BANK OF AMERICA, N.A. "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 May 8, 2014 issue of said newspaper and ending with the May 29, 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. 976855 6/3/2014 10:29 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 BOOK: 833 PAGE: 265 CERTIFICATE JEANNE WAGNER LINCOLN COUNTY CLERK 1 Certificate of Sale Simms 13- 06752R Page 1 of 7 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On June 3, 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 $101,932.65 "Bid Sum which was bid and offered by BANK OF AMERICA, N.A. "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 $4,115.12 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 Simms 13- 06752R 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 June 3, 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 3rd day of June 2014. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: 8k01(- 1 COSPkg.doc Sheriff in and for Lincoln County, State of Wyoming By: ACKNOWLEDGMENT Witness my hand and official seal. if JAMIE PAR NO 74 RYPUBLIC COUNTY Or LINCOLN My Commission Expims SS M. Shane Johnson Print Name: Troy Jansen Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Troy Jansen Deputy Sheriff of Lincoln County, State of Wyoming, this 3rd day of June 2014. STATE OF MMIG Certificate of Sale Simms 13- 06752R Page 3 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 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 March 25, 2011 (the "Mortgage and recorded on April 5, 2011, at Reception No. 958746 in Book 765 at Page 1 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 Joshua C Simms, and Kristi N Simms "Mortgagor(s) the named mortgagor(s), and Bank of America, 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: Sent Electronically Per Client Request CERTIFIED MAIL NO. FSN: Sent Electronically Per Client Request BANK OF AMERICA, N.A. 400 National Way, SV 35, P.O. Box 10232 Simi Valley, CA 93065 -6298 CERTIFIED MAIL NO. NOI: 71969009843000827524 CERTIFIED MAIL NO. FSN: 71969009843000829184 CURRENT RESIDENT 150 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000827531 CERTIFIED MAIL NO. FSN: 71969009843000829191 Joshua C Simms 150 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000827548 CERTIFIED MAIL NO. FSN: 71969009843000829207 Joshua C Simms PO BOX 13603 Jackson, WY 83002 -3603 CERTIFIED MAIL NO. NOI: 71969009843000827555 CERTIFIED MAIL NO. FSN: 71969009843000829214 Kristi N Simms 150 Spur Loop Etna, WY 83118* CERTIFIED MAIL NO. NOI: 71969009843000827562 CERTIFIED MAIL NO. FSN: 71969009843000829221 Kristi N Simms PO BOX 13603 Jackson, WY 83002 -3603 COSPkg.doc EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Certificate of Sale Simms 13- 06752R Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000827579 CERTIFIED MAIL NO. FSN: 71969009843000829238 Bank of America, N.A. 101 South Tryon Street Charlotte, NC 28255 CERTIFIED MAIL NO. NOI: 71969009843000827586 CERTIFIED MAIL NO. FSN: 71969009843000829245 Mortgage Electronic Registration Systems, Inc. P.O. BOX 2026 Flint, MI 48501 -2026 CERTIFIED MAIL NO. NOI: 71969009843000827593 CERTIFIED MAIL NO. FSN: 71969009843000829252 First Bank of Idaho, FSB, DBA First Bank of the Tetons P. 0. Box 12860 170 East Broadway Jackson, WY 83002 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 22, 2014 and the date of the first publication of the notice of foreclosure sale was May 8, 2014. State of Wyoming County of Natrona dayo Castle Law Group, COSPkg.doc FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2014 by lycky McMahon as attorney of The I. ,,t NOTARY PUBLIC KELLEY L DRELICHARZ c i"3 STATE OF WYOMING "vswijlas" COUNTY OF NATRONA 1, ti RA Cornml99ion Ex Tres Jan 19, 2015 My commission expires: 1L By: Lucky McMa}lon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Certificate of Sale Simms 13- 06752R Page 5 of 7 v 4$1,114K., the,, tri gagecl p,rom�o Sheriff inn a`i�i 1'for Apt .,.n cassliat;it0 h�e�lii14 I$ coln secured on to vhv b ESP E ISI®110 OtP KEMMERER GAZETTE ,.AFFIDAVIT OF PUBLICATION 'Kemmerer Gazette Kemmerer, Wyoming rtga e on ce 197 of thi'srnottce of$"3 Of 0 08 dl clan` cattsn' A nMERICA, L'aw Group,r..LLC. st,Street,bSt9.; V Y 8260'1 Q000' (30 333 37 p 9 p Ofeys 1 ce ocee fr P3194.0 Idrtga ieen `in tIt +.h.1' vex hsem S n t` r ssession c o e dateF o. i`367' 20. 4(1.3' -06752 Ii PUBLISHER'S AFFIDAVIT as e¢; 'drain Mortgage` contains a powerv,of sale which by reason ve an no rtgagee declares to have become o erati d na`s,been instituted at law to re cover the debt secured or�any part�thereof, nor has any such suit or proceeding grid the4same discontinued tari� t written notice o£ uitent touforeclosel the Mortgage; aridsale has been�served�upon�the record o w,ner and h ;aged,premis {least ten u (10)Aday prior i,the due upbnfthe s notice of salelbein, le un aid pink `L e da a of the first'publi us other costs in therainount" 5.ji nf4 N 1 M1n ,f ;and accruing int erest; s notice %of<sale.. ontma erin or Lkpu e`st bidder for,'; 'e front "door of e Avenue, K emerer,; ove described a y being described as SITUATED: WWYOMING, 'Mpg RDIC;RAIYCI-IE b *01NE EXHIBIT B day of 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 •1- consecutive issues /weeks; w the first publication being on the cS day of 20 R and the last publication being on the 29 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) by-Mar Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF t) STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to before me on this 27 day of J A.D., 20. 14, %//(in WLblisher otary Signatur Simms 13- 06752R 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 $4,115.12 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Statutory Notice Fee PUB COST FSN 5 -29 -14 Title Update x 2 Sale Attendance Fee Record Certificate of Sale Sheriffs Fee Sale Previous Invoice Total $4,115.12 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. State of Wyoming County of Natrona 9 Z' d ay of Castle Law Group, LLC NOTARY PUBLIC •a My commission expires: COSPkg.doc NOTARY PUBLIC 1 KELLEY L DRELICHARZ t? STATE OF WYOMING COUNTY OF NATRONA Commission Ex fires Jan 19 2015 EXHIBIT C AFFIDAVIT OF ATTORNEY By: Lucky McM hon 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 2014 by Lucky McMahon as attorney of The Title (and Ra, k) /?46/1/4.1 850.00 103.68 421.20 250.00 50.00 30.00 10.00 2,400.24 Certificate of Sale Simms 13- 06752R Page 7of7