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HomeMy WebLinkAbout9772700 ZS U N I- M 111 tx) M d X o and co 231728 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 1, 2009, executed and delivered by Steven A. Zaragoza and Tina L. Zaragoza to Wells Fargo Bank, N.A. and (b) that certain mortgage dated May 1, 2009 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on May 1, 2009, at Reception No. 946863 in Book 721 at Page 818 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: LOT 22 OF BLOCK 2 OF THE LINCOLN HEIGHTS 4TH SUBDIVISION TO THE TOWN OF KEMMERER, LINCOLN COUNTY, WYOMING AS DESCRIBED IN THE OFFICIAL PLAT THEREOF Lij with an address of 1401 Antelope St, Kemmerer, WY 83101 D Together with all improvements thereon situate and 00 0 o W all fixtures and appurtenances thereto. in W Q Z tii 0 W z 3. That no suit or proceeding has been instituted at law to W recover the debt secured by the Mortgage, or any part thereof. z¢w D Q 4. That the power of sale contained in the Mortgage having U been made operative by reason of such default, Wells Fargo Bank, NA z Mortgagee elected to foreclose the same and at the request and direction of uoz z m W 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 June 5, 2014 issue of said newspaper and ending with the June 26, 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 July 1, 2014 at 10:00 o'clock in the Certificate of Sale Zaragoza 14 -02152 Page 1 of 7 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 172,500.00 "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 $2,406.40 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 Zaragoza 14 -02152 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 July 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 lst day of July 2014. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Deputy Sheriff of Lincoln Cou 4 .6d2f 7 2014. Witness my hand and official seal. My Commission Expires: e /02D/I1 COSPkg JAMIE PAINTER —NOTARY PUBLIC COUNTY OF LINCOLN. My Commission Expires ACKNOWLEDGMENT SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming By: Prin Title: John P. Stetzenbach Deputy Sheriff ubscribed in my ,presence and oming, this /7 day of Certificate of Sale Zaragoza 14 -02152 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 of counsel to 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 1, 2009 (the "Mortgage and recorded on May 1, 2009, at Reception No. 946863 in Book 721 at Page 818 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 Steven A. Zaragoza and Tina L. Zaragoza "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, NA 3476 Stateview Blvd Fort Mill, SC 29715* CERTIFIED. MAIL NO. NOI: 71969009843000833242 CERTIFIED MAIL NO. FSN: 71969009843000833570 CURRENT RESIDENT 1401 Antelope St Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000833259 CERTIFIED MAIL NO. FSN: 71969009843000833587 Steven A. Zaragoza 1401 Antelope St Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000833266 CERTIFIED MAIL NO. FSN: 71969009843000833594 Steven A. Zaragoza 28 Incline Dr Evanston, WY 82930 -3760 COSPkg Certificate of Sale Zaragoza 14 -02152 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000833273 CERTIFIED MAIL NO. FSN: 71969009843000833600 Tina L. Zaragoza 1401 Antelope St Kemmerer, WY 83101* CERTIFIED MAIL NO. NOI: 71969009843000833280 CERTIFIED MAIL NO. FSN: 71969009843000833617 Tina L. Zaragoza 28 Incline Dr Evanston, WY 82930 -3760 3. That the date of mailing of the notice of intent to foreclose the Mortgage was May 23, 2014 and the date of the first publication of the notice of foreclosure sale was June 5, 2014. State of Wyoming County of Natrona e� rd This instrument was acknowledged before me on d ay of V .kL,E 2014 by Lucky McMahon, attorney of counsel, for The Castle Law Group, LLC. NOTARY PUBLIC CRYSTAL L BARNES STATE OF WYOMING COUNTY OF NATRONA k .Commission Ex Ire J n 1 2515 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. By: Lucky McMahon, of counsel The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 Title (and Ran t-a3- t t Certificate of Sale Zaragoza 14 -02152 Page 5 of 7 KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming ij !I li�,l I l ll i,:�.. 147 �I ,�U! IR )�1 ii :t Tr.o' -,i "li t i ./0;101111 i fi l Llnl=• 11 h,11r1.ioii u I -1 i 1 14(11 •416 i c 1 111'4 io o ,o1c:- m0 I 1 1 1bu11-11 1 7:irlt:' u 1 lltiLn,: oll (c rr' ^oUl 11!14,11 1 njCllr' ;1010.1 :n (I 1 10 ;1411` ,;1c :r 1 I,.' •'I .'-'910 1 ;g c,f.14 1 1 110101 1 I. ■.1 ;1j s 7 +,n?- (al 10 1'.I 011liirltS 11 1 111.,14. 11.14- 14f,�7r: i..•(. ..7 ;itt4'4(111.,01:111!1(•'fr, y 1 ii 0Oj, 1. ,6 4 3 A! :1111 I, :(1 1a 11 .Ii,11; i[0oo- i 191,':0; '11114. 111 .1 ,4141: 44 4 11 1 1 4. 1.10 14:1001 nds, ",'j .1 111 Ifi ::10'1 111 6I ll'i1, !'l�I11 i1 10.1100000 ,:i1 '00 ,:1 t.I .1111. :.f'd- lilt .t,d .,bnr .1411 \,.i1 ,111 4 a. :1 j1".. 11 1 ',lint a ,,1� 111:1,1,41(Z..41` 1." 111 -114 :1 1001. •niul 1,'100 4,10 110101 1014 44 11 ,1141 .1 :L.111IJ.,.: 17 1 1w 0011 00p{4l :it ii, It;'� li0 0 :_,f 001 •11 I :'141141 ^~4.1 uii i0l\ 1040: X14 I 10:1_ 104,011 I('r 100' 00 10 e bt. it 101•':):1 jl 01` 41 -1fi11 i ,Jam'1n1 101(11 :10, na[ ;,qh1 1 N1 ";'171 f ,411 {•i i ;t tll2: n argnilrt 51 1 :11 I1 iri 11„ -kG as 1:1'0 b _rl PS'. !'•1' °i 1J 0)11 10 I l 101,1 Y 71 111 Il 011r.1J1b1 I 11[/71100 4 11.V.i114 10000:' u•, 44 4441., -u 1 1 ,I; {,:1111; 117;.., 1_ 1 41: 17 act 10 1 6- jl 111° 11`1`1_ :11111 %1:1 1 1 14.1: 1i1,V.t1! f I r 1!!•„'; 1 C.tq 1 I (l:; i,ip trt :Ui0i, i. 19 0'1 llt I0, tl is u0 1: 1111: a 0 v 1 10 111 .•l 1 �3, ;I _,101 1001 1 111007_:' 1100 10 )c 4 ,,101 0i•, 1' 4 4 fr. n .1 :1•. 1, I 1 14 .1 U Idrli1110 r 'cli 110••• 104 i 1;Ircia -n rr.• 1 1 o;i .I, 1 nl 4.1901=•? I 1i'. �lirn} 1} •.1'd .i 1.1. ;I "1141, :'0 1: t' .0 1 1 i1,..1,L- 1 'S101i1P {114 f 1lr h ;j ?ICI ;�1 1 0 L' :d 1 ,9' I t 1' 1.1 ;3:• 0d. I t. r s 1 •11 11 1 1 1 1 1 y(111.1 1 0 1 1 .C; 1) 1 :'!1 1\ Vii ;,.0 i'• 1141,: ,•F l i +•111!1�I 1%1'. ,0101 0 It 1 +111 01111 /1101 11 <1 a. "i d11 I. 1.1 %7'„ ,?1,t!' qtr t .1 I I. 1111 a r11a1 11 .77; ;1 1 4' (.;t II' '-14;1. 19 ..1 4 141' 1fI -.0: 01%01: "11 10/117 "1'l t 1 'I P' l l .,j. n' 1 114.1.11,1„1[ 1 1 10,'. tn1!Ic;_I t :nn1r -,T _I 11 1 '1'• 111' ..l' ::•1. ,i 111,. 1,i•l: 1 1 1 l 1 01 S :a 141 it 1i• ^r h} 1 .1 +1'((11 ok'," i7 ?iilfnl F. 1 .1. ,1':(.l. 1 4,4,i 1 1ti 4rfirlf 1 D, c:; r 1 II 411.1'1j1 +Yd'1';l f 0 q:1., 1 1 1 4 4,9•1`.1'7 4 ,1 1 o:: ei ;it••' ll'l l 1 1 1 1 itfi,' f' ,11.:10.1, 0 it4,r -1llo1 t 607,01' ,1144! 11'0\ Y I 141. 11 t.11 :1 l it 1`. r,cs1. ;1 i :1` -1 o.IBl 1 ,11( 1 1 11 11(: 1 11 yr 1ilA EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ar esoro, 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 0 day of 20 J4L, and the lasiublication being on the day of 20 /4; and that s advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Sign before me on this Mark Tesoro, Publisher ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF i` STATE OF LINCOLN (1�'•' WYOMING MY- COMMISSION EXPIRES 5/5/16 Subscribed in my presence and sworn to Publisher Notary Signet day of A.D., 20 14 Zaragoza 14. 021.52 P 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 of counsel to 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 $2,406.40 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. State of Wyoming County of Natrona a3 rd This instrument was acknowledged before me on rd of C,U,,� 2014 by Lucky McMahon, attorney of counsel, for The Castle Law Group, LLC. NOTARY PUBLIC CRYSTAL L BARNES STATE OF WMONIING couNrr of NATRC7:A Commission Ex ires Jan 19, 2615 Title (and Rank) My commission expires: In COSPkg Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 6 -26 -14 Attend Sale Fee Sheriff Fee sale Record Certificate of Sale SS (Signat EXHIBIT C AFFIDAVIT OF ATTORNEY Total $2,406.40 FURTHER AFFIANT SAYETH NAUGHT. 1, 000.00 690.00 64.80 561.60 50.00 10.00 30.00 y: Lucky McMahon, of counsel The Castle Law Group, LLC 123 West 1st Street, Ste. 400 Casper, WY 82601 -0000 (307) 333 -5379 d i I &M Certificate of Sale Zaragoza 14 -02152 Page 7 of 7