HomeMy WebLinkAbout978045 Alliance Title Escrow,
PO Box 1367
Kemmerer WY S.'. n1
CERTIFICATE OF SALE
J J
"y STATE OF WYOMING
SS
2 y COUNTY OF LINCOLN
V
M. Shane Johnson of lawful age, being first duly 9 Y sworn
upon his oath, states and certifies as follows:
8
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 July 31, 2009, executed and delivered by Kenneth
Albert Hollis and Bonnie Hollis to Bank of America, N.A. and (b) that certain
mortgage dated July 31, 2009 (the "Mortgage securing said note, which
Mortgage was executed and delivered by said mortgagor(s), to said mortgagee,
and was recorded on August 20, 2009, at Reception No. 949036 in Book 730 at
Page 297 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:
PARCEL 1
THE N1/2N1/2NW1/4NE1/4 OF SECTION 6, T32N R119W OF
THE 6TH P.M., LINCOLN COUNTY, WYOMING.
PARCEL 2
THE RIGHT OF ACCESS AS PROVIDED FOR IN INSTRUMENT
RECORDED MARCH 15, 1991 IN BOOK 294PR ON PAGE 614
OF THE RECORDS OF LINCOLN COUNTY CLERK.
THE RIGHT OF ACCESS AS PROVIDED FOR IN INSTRUMENT
RECORDED APRIL 2, 1991 IN BOOK 295PR ON PAGE 371 OF
THE RECORDS OF LINCOLN COUNTY CLERK.
THE RIGHT OF ACCESS AS PROVIDED FOR IN INSTRUMENT
RECORDED OCTOBER 19, 1996 IN BOOK 389PR ON PAGE 181
OF THE RECORDS OF LINCOLN COUNTY CLERK.
with an address of 1716 Stump Creek Rd, Auburn, WY 83111
8802
Together with all improvements thereon situate and
all fixtures and appurtenances thereto.
The mortgage was assigned for value as follows:
Assignee: Christiana Trust, a division of Wilmington Savings Fund Society, FSB,
not in its individual capacity but as Trustee of ARLP Trust 4
Assignment dated: April 8, 2014
Assignment recorded: April 21, 2014
Assignment recording information: at Reception No. 976232 in Book 830 at Page
742
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, Christiana Trust, a division of
COSPkg 978045 8/19/2014 10:11 AM Certificate of Sale
LINCOLN COUNTY FEES: $30.00 PAGE 1 OF 7 Hollis 14 -01469
BOOK: 838 PAGE: 102 CERTIFICATE Page 1 of 7
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111M IIII III IIIII II MI III IIQ IIIII IIQ IIIII IIIII ID II I III II III1
Wilmington Savings Fund Society, FSB, not in its individual capacity but as
Trustee of ARLP Trust 4 "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 July 24, 2014 issue of said
newspaper and ending with the August 14, 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 August 19, 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
$447,602.43 "Bid Sum which was bid and offered by Christiana Trust, a
ivision of Wilmington Savings Fund Society, FSB, not in its individual
capacity but as Trustee of ARLP Trust 4 "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 $3,037.42 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.
Remainder of praae Intentionally left blank
COSPkg Certificate of Sale
Hollis 14 -01469
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 August 19, 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
19th day of August 2014.
M. Shane Johnson
Sheriff in and for Lincoln County, State
of Wyoming
L
Prin John P. Stetzenbach
Title: Deputy Sheriff
ACKNOWLEDGMENT
STATE OF WYOMING
SS
COUNTY OF LINCOLN
The foregoing instrument was subscribed in my presence and
acknowledged before me by John P. Stetzenbach
Deputy Sheriff of Lincoln County, State of Wyoming, this 19th day of
August 2014.
Witness my hand and official seal. II
..r.... j
j i i A i
Notary u•
My Commission Expires:
CHRISTY MISPLAY NOTARY PUBLIC
County of ,t; 3, State of
Lincoln I .s' Wyoming
My Commission Expires 710 `1 S
COSPkg Certificate of Sale
Hollis 14 -01469
Page 3 of 7
EXHIBIT A
AFFIDAVIT OF SERVICE OF WRITTEN NOTICE
OF INTENT TO FORECLOSE MORTGAGE
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 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 July 31, 2009 (the "Mortgage
and recorded on August 20, 2009, at Reception No. 949036 in Book 730 at
Page 297 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 Kenneth Albert
Hollis and Bonnie Hollis "Mortgagor(s) the named mortgagor(s), and Bank of
America, N.A. is the named mortgagee, which Mortgage was assigned for value
as follows:
Assignee: Christiana Trust, a division of Wilmington Savings Fund Society, FSB,
not in its individual capacity but as Trustee of ARLP Trust 4
Assignment dated: April 8, 2014
Assignment recorded: April 21, 2014
Assignment recording information: at Reception No. 976232 in Book 830 at Page
742
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: Sent Electronically Per Client Request
CERTIFIED MAIL NO. FSN: Sent Electronically Per Client Request
Christiana Trust, a division of Wilmington Savings Fund Society, FSB,
not in its individual capacity but as Trustee of ARLP Trust 4
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409*
CERTIFIED MAIL NO. NOI: 71969009843000828934
CERTIFIED MAIL NO. FSN: 71969009843000830326
CERTIFIED MAIL NO. NOPP: 71969009843000834553
CERTIFIED MAIL NO. FSN2: 71969009843000840578
CURRENT RESIDENT
1716 Stump Creek Rd
Auburn, WY 83111-8802
COSPkg Certificate of Sale
Hollis 14 -01469
Page 4 of 7
CERTIFIED MAIL NO. NOI: 71969009843000828941
CERTIFIED MAIL NO. FSN: 71969009843000830333
CERTIFIED MAIL NO. NOPP: 71969009843000834560
CERTIFIED MAIL NO. FSN2: 71969009843000840585
Kenneth Albert Hollis
1716 Stump Creek Rd
Auburn, WY 83111 -8802
CERTIFIED MAIL NO. NOI: 71969009843000828958
CERTIFIED MAIL NO. FSN: 71969009843000830340
CERTIFIED MAIL NO. NOPP: 71969009843000834577
CERTIFIED MAIL NO. FSN2: 71969009843000840592
Kenneth Albert Hollis
3792N475E
Ogden, UT 84414 -7517
CERTIFIED MAIL NO. NOI: 71969009843000828965
CERTIFIED MAIL NO. FSN: 71969009843000830357
CERTIFIED MAIL NO. NOPP: 71969009843000834584
CERTIFIED MAIL NO. FSN2: 71969009843000840608
Bonnie Hollis
1716 Stump Creek Rd
Auburn, WY 83111 -8802
CERTIFIED MAIL NO. NOI: 71969009843000828972
CERTIFIED MAIL NO. FSN: 71969009843000830364
CERTIFIED MAIL NO. NOPP: 71969009843000834591
CERTIFIED MAIL NO. FSN2: 71969009843000840615
Bonnie Hollis
3792 N 475 E
Ogden, UT 84414 -7517
CERTIFIED MAIL NO. NOI: 71969009843000828989
CERTIFIED MAIL NO. FSN: 71969009843000830371
CERTIFIED MAIL NO. NOPP: 71969009843000834607
CERTIFIED MAIL NO. FSN2: 71969009843000840622
Lincoln County Treasurer
PO Box 630
Kemmerer, WY 83101
3. That the date of mailing of the notice of intent to foreclose
the Mortgage was April 30, 2014 and the date of the first publication of the notice
of foreclosure sale was May 15, 2014. Re- Publication began on June 12, 2014
and again July 24, 2014.
FURTHER AFFIANT SAYETH NAUGHT.
M
By: Lucky Mc ahon, of counsel ate
The Castle Law Group, LLC
123 West 1st Street, Ste. 400
Casper, WY 82601 -0000
(307) 333 -5379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
1'1 day of iAL 2014 by Lucky McMahon, attorney of counsel, for
The Castle Law Grou LLC.
(Si (nature o otarial offic r)
/(O (j41 1I
Title (and RaW)
My commission expires:4 -Li it°
COSPkg Certificate of Sale
NOTARY PUBLIC Hollis 14 -01469
fr. ti` s'
FARRAH S. BORCHARDT Page 5 of 7
STATE OF WYOMING g
COUNTY OF NATRONA
t My Commission Expires Sep 4, 201
EXHIBIT B
PUBLISHER'S AFFIDAVIT
KEMMERER GAZETTE KEMMERER, WYOMING
AFFIDAVIT OF PUBLICATION STATE OF WYOMING
Kemmerer Gazette )ss.
Kemmerer, Wyoming COUNTY OF LINCOLN
M e Y 1 CE 2 e'� I, Mark Tesoro, do hereby, upon my
�Y 3 C' a,"�` ,r 2p" n '7 c n fi z t v
yd �4, at' 1i r �a 11 1CI `Slid a thaS "OC
11 ��o� ''''''','.1.1i oath de depose and say that I am the
r1 e1 .,ari rd 1e O t tc F 'd oath, P Y
1 Y ti Kt$„ ei q i t i ti 1 i brtga da" tl 1 i 4 1 2OO9 wa e xe cu ted a
1 e i I e iAHo 1 9®e'�i 1eT llis $'f a or s' Publisher of the KEMMERER GAZETTE
t `r y \a a 'Y 'e r has seci tag,...-- 'he 1V o 4-1, e. same date, NEWSPAPER, a once weekly newspaper
i J aY�l p ier a I fe i ti 3 Itith 0.
,g t 1�i11 t r ge 2 fj a' e a e" e f th 1 'Th C
3 0 tev g I `i� o
terx, s r Ltno'1�uC 1,...e,,,,-°
ty State published in the City of Kemmerer, County
or h�,e)1e1'ie ,lif t e, „1 v 4, i 04#
';a.`F Y :4 t' i1 Ia a a y 1, l J Y a a w s t ^a� of Lincoln, in the State of Wyoming, and
e T 1 @k C� e' 1 gs„EFu n
d'.
ass a aq ',u a YM� n r, 11 a '4 t<, that said newspaper has a general
C t f r� 9 I A PTrn 9
w1 Hm�1YT 1U t a :l= 1 e 1 't 3 4a c x
p r. 1 n ti 4 a E s, .J pn at
z elt.i 0 a l 1 1 t s circulation in said County and State; and
b 1 P L 1 -',41,4*. S” a 1 6 i o a 1 I 1 1 a �tk,R ep tiO No 9 7 6L 32.rn B ook
,4: �,4 w k u that the legal notice herein attached was `VEfil Y �e Li, Ill er i r1 e” e ii ".4 glst
1 11 t la e4 da 1a 0l 1 e n 1 published in said newspaper for the full
's t tL` Id rii 3 l i1 1 1 1 a a i e "Oi.it'�s a le whic b reason
b 1 4 1V� a a 1 x 0 I 1 ane rati "�dno period of l consecutive issues /weeks;
.s F e1 a fY� )�E 7 :�e, i t r yer e debt secured
li 7 t 1, o t`I1 1 iiF'i` 0 i6f 11 Stichsuttrdr^proCeeili the first publication being on the
1 i e b r i 1 n i1 n ei a 'o. p n ,,,,,p,,,,;,„.1% 10. f 1 e s
s Y. 1 }11 sti 1 18 1 to e a Mortgage by
da y of 20 Ji
e a� ie �a Y L el Z1 l. e ti e 4'u i 1 rd o wner and the
p, +t a.411, r o wa 'mi e 1(10) y sp for and the last pu is ti on being on the /f
e ,4ei) r rho lal e o h a e "lit p`�d p onv the /il
e a r o a a r z 1 1 o-° e a a dl1 ot{�fr e m d ay of 20
t a .11 ;I o�t r ry r a i i e psis 0 f Ul pal pfl bar,
aa, r a >r °i� s°�tti dat t heirsiiubllcation and that said ad isement appeared in
1 •d a n
b a r51 1 e e Jp 1 ri d�"� n c`1 e Y l 1 'p�]e T �StS 7II�1� ambllRt
o �t,' i�/ X Y y a e1 o t 1 s`e'd an ecrm nterest
.„r+ dic g each and every number of said newspaper
'r e1 1 ,0 y? rf� �1 1 n I) 1) 1 .U 611, o i o l ee lo f
il �1 l e 1 a :i, a�a` �bb §'u b, I ect t to during the period of publication as above
e °I(� r 31 h a le e 1 e 1 e i x t i nguiahed at the sa le.
r I 1 a 11 '1 X1 1 1 1 1' II o '1 tlhe Statxth of t b efo r e stated.
5 +1111 e1 1�411 r `r tt `n a
i� 1 1.� 1, 1`tv till G� Ni br ilmm Sav (Signed)
7a o 1 ®Itlt 1 �a T` e `d SS stee of
a -k 9e gas b
law iya1n al 1.1 a%"+i1 t 0,4 n e rt °s ta, n a 0 1 o 1 at Iu"b V
z�- Mark Tesoro, Publisher
,1 e e��5ekec e4iriD) is y �S° r a j v 1 a o eke w o
L ar1 Q a' ;:Y 4 t 1 +110 �0,� a 111a sa4i e IIee onAu g ust
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yell ,l 1 Idll �a1 q -1 9,�,, F7"1 e I a Ya a k .-,,'''-'11'r. *r y, UNCOLI4 WYOMING
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MY COMMISSION EXPIRES 5/5/1Q
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�r t r s Subscribed in my presence and sworn to If t r� s 4 .0. s r' S;A e POOR 1N 1 Y S +TR UME N T
•B.fNC5 -t l sum �V�),1 9 tom 94 e RA GE 614.OF before me on this day of
1 r f .3[+,� 2 11), c9 L111_.1 ®a k w -y.
r 1 6 r t R q FOR 1NJNs'FR NT $111 A.D., 20 14
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b it a�,c „'�[as fa' W t; LTNT,; g by Mark T4410 o, Publisher
i 4, ,,i i r r O'. S`PRO�:4 S R 1JME 1
e;( -t tim 11,,� c�� it I>ra `9 1" O T .4 I81 OF 1 /.l „A..
4 a� mac`* a �r�1i�.(� a t4! ERI�€� Notary Signal, e
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EXHIBIT C
AFFIDAVIT OF ATTORNEY
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 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 $3,037.42 as compensation
for services actually rendered in the foreclosure proceeding.
Attorney Fees (Foreclosure) 1,000.00
Statutory Notice Fee 155.52
RECORDING OF AOM POA 33.00
PUB COST FSN 6 -5 -14 577.20
PUB COST NOPP 7 -10 -14 604.50
PUB COST FSN2 8 -8 -14 577.20
SALE ATTENDANCE FEE 50.00
RECORD CERT. OF SALE 30.00
SHERIFF'S FEE SALE 10.00
Total $3,037.42
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. 7Y/V/ii
By: Lucky McMahon, of counsel Date
The Castle Law Group, LLC
123 West 1st Street, Ste. 400
Casper, WY 82601 -0000
(307) 333 -5379
State of Wyoming
County of Natrona
This instrument was acknowledged before me on
"y day of 2014 by Lucky McMahon, attorney of counsel, for
The Castle Law Gro LLC.
■rcG'
(Sig t re of a�� officer)
b
Title (and R. k)
My commission expires:6/_ /r'o
yr
COSPkg NOTA Certificate of Sale
STATE OF WY
FARRA S, B OR CHARDT OMING Hollis 14-01469
<5 9
COUNTY OF NATRONA Page 7 of 7
1 M Commission Expires Sep 4, 2016