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Home My WebLink About976856225223 2 cab- g Cot 47 T. a. L. ctt IN THE DISTRICT COURT FOR THE THIRD JUDICIAL DISTRICT IN AND FOR LINCOLN COUNTY, STATE OF WYOMING WELLS FARGO BANK, N.A. Plaintiff, vs. MICHAEL L. BROOKBANK WANDA G. BROOKBANK STATE OF WYOMING COUNTY OF LINCOLN Defendants. CERTIFICATE OF SALE SS Civil Action No. CV 2013 -99 -DC 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 December 16, 2008, executed and delivered by Michael L. Brookbank and Wanda G. Brookbank to Wells Fargo Bank, N.A. and (b) that certain mortgage dated December 16, 2008 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on January 13, 2009, at Reception No. 944667 in Book 712 at Page 844 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: That part of the SE1 /4SW1/4 of Section 13, T32N, R119W, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County Book 359 of Photostatic Records on Page 303, and all of that tract of record in Book 476 of Photostatic Records on Page 16, Described as follows: Beginning at the Southwest Spike of said tract in Book 476 on the South line of said SE1 /4SW1/4 North 89 °06'24" E, 543.00 feet from the Southeast Spike of said tract in Book 476; thence N89 °06'24" E, 264.00 feet to a spike; thence N00 °30'43" W, 660.00 feet, to a point; thence S89 °06'24" W, 528.00 feet, to a point on an existing fence line; thence S00 °30'43" East, 630.00 along said fence line to a point on the North Right -of Way line of the Kennington- Burton Land County Road No. 12 -136; thence continuing S00 °30'43" E, 30.00 feet, to the spike of beginning; with an address of 620 Kennington Burton Rd, Afton, WY 83110 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. COSPkg 976856 6/3/2014 10:34 AM Certificate of Sale LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 Brookbank 12 02465 BOOK: 833 PAGE: 272 CERTIFICATE Page 1 of 7 JEANNE WAGNER LINCOLN COUNTY CLERK 1 I I I II I I I II I I I II II 111111 I II 111 I1 1 111 I I II 11 1111 I I11I I JI1.u] X I I II 1111 1 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Wells Fargo Bank, 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. 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 $170,310.00 "Bid Sum which was bid and offered by Wells Fargo Bank, 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 $3,952.72 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 Remainder of page intentionally left blank Certificate of Sale Brookbank 12-02465 Page 2of7 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: S dr COSPkg ACKNOWLEDGMENT SS Witness my hand and official seal. M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: t...- 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. blic JAMIE PAINTER TARY PUBLIC STATE OF COUNTY OF "rt I M� WYOMING LINCOLN MY Corm nieslon Certificate of Sale Brookbank 12 -02465 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 December 16, 2008 (the "Mortgage and recorded on January 13, 2009, at Reception No. 944667 in Book 712 at Page 844 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 Michael L. Brookbank and Wanda G. Brookbank "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: SENT ELECTRONICALLY TO CLIENT CERTIFIED MAIL NO. FSN: SENT ELECTRONICALLY TO CLIENT Wells Fargo Bank, N.A. 800 Walnut St Des Moines, IA 50309* CERTIFIED MAIL NO. NOI: 71969009843000828156 CERTIFIED MAIL NO. FSN: 71969009843000829115 CURRENT RESIDENT 620 Kennington Burton Rd Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000828163 CERTIFIED MAIL NO. FSN: 71969009843000829122 Michael L Brookbank 620 Kennington Burton Rd Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000828170 CERTIFIED MAIL NO. FSN: 71969009843000829139 Wanda G Brookbank 620 Kennington Burton Rd Afton, WY 83110* CERTIFIED MAIL NO. NOI: 71969009843000828187 CERTIFIED MAIL NO. FSN: 71969009843000829146 Mortgage Electronic Registration Systems, Inc. 1901 E. Voorhees Street, Suite C Danville, IL 61834 COSPkg Certificate of Sale Brookbank 12-02465 Page 4of7 CERTIFIED MAIL NO. NOI: 71969009843000828194 CERTIFIED MAIL NO. FSN: 71969009843000829269 Mortgage Electronic Registration Systems, Inc. PO Box 2026 Flint, MI 48501 -2026 CERTIFIED MAIL NO. NOI: 71969009843000828200 CERTIFIED MAIL NO. FSN: 71969009843000829160 State Farm Bank, F.S.B. 111 Corporate Office Drive Suite 300 Earth City, MO 63045 CERTIFIED MAIL NO. NOI: 71969009843000828217 CERTIFIED MAIL NO. FSN: 71969009843000829177 Wells Fargo Bank, NA 2441 Foothill Blvd, 1243 Rock Springs, WY 82901 3. That the date of mailing of the notice of intent to foreclose the Mortgage was April 25, 2014 and the date of the first publication of the notice of foreclosure sale was May 8, 2014. State of Wyoming County of Natrona Pt-I day of Castle Law Group, LL COSPkg FURTHER AFFIANT SAYETH NAUGHT. This instrument was acknowledged before me on 2014 by Lucky n attorney of The 1 na re of notar r) NOTARY PU011,10 KELLEY L DREUCHARZ STATE OF yuYONIIPIG COUNTY OF NATRONA Commission Ex ires Jan 19, 2015 y commission expires: me7pi,J By: Lucky McMahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Ti e (and Ra k) Certificate of Sale Brookbank 12-02465 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming 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 day of day of l a before me on this Notary Sign KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN consecutive issues /weeks; the first publication being on the and the last publication being on the Publisher 20 20 and that said advertis °ment appeared in 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 E <s, f STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to day of A.D., 20 14, Brookbank 12-02465 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 $3,952.72 as compensation for services actually rendered in the foreclosure proceeding. My co COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee TITLE RESOULTION FEE PUB COST FSN 5 -29 -14 SALE ATTENDANCE FEE RECORD CERT. OF SALE SHERIFF'S FEE SALE Total $3,952.72 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 SAYET NAUGHT. State State of Wyoming County of Natrona EXHIBIT C AFFIDAVIT OF ATTORNEY SS //2/0-o/d By: Lucky Mailllahon The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 546.00 50.00 30.00 10.00 This instrument was acknowledged before me on 9 —day of cp 2014 by Lucky I1lsMahon as attorney of The Castle. Law Group, LLC. iI S ti ��'ssion ex• Tres; CDU OF NATRO A 4 M Co' on Ex Ores Jan 19, 2015 R.MARZ tflAi1 r r�u01 Ifr KELLEY L DRELICHARZ 0 ti Commission Ex. fires Jan 19, 2015 STATE OF WYOMING COUNTY OF NATRONA e4 ofnp _411 Air icer) Title (and R. nk) 1,000.00 2,076.00 90.72 150.00 Certificate of Sale Brookbank 12-02465 Page 7 of 7