FORECLOSURE SALE.
DATE: August 24, 2010
YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of the Mortgage dated August 24, 2009, executed by
Erick B. Hart and Janell E. Hart, husband and wife, ("Mortgagor"), to Unity Bank, ("Mortgagee"), and recorded on September 11, 2009, as Document Number A000553329, in the Office of the County Recorder, Cass County, Minnesota.
2. The Mortgage has been assigned as follows:
The Mortgage has not been assigned.
3. The original principal amount secured by the Mortgage was: One Hundred Sixty-Two Thousand Six Hundred Sixty-Four and 70/100 ($162,664.70).
4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof, and the Mortgagor is not a "Debtor" within the meaning of the Farmer-Lender Mediation Act, as defined in Minnesota Statutes Section 583.24.
5. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage, and all notice and other requirements of applicable statutes.
6. At the date of this notice the amount due on the mortgage, and taxes, if any, paid by the holder of the Mortgage is: One Hundred Sixty-Four Thousand Nine Hundred Sixty-Nine and 95/100 Dollars ($164,969.95).
7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed and the land described as follows:
The Northwest Quarter of the Southwest Quarter (NW1/4 of SW1/4), Section 35, Township 135, Range 32, Cass County, Minnesota; will be sold by the County Sheriff of Cass County, Minnesota, at public auction on October 26, 2010, at 10 a.m., at the Cass County Sheriff's Office, 300 Minnesota Avenue West, Walker, Minnesota.
8. The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is twelve (12) months after the date of sale.
You must vacate the property on or before 11:59 p.m. on October 28, 2011, if (i) the mortgage is not reinstated under Minnesota Statutes Section 580.30, or (ii) the property is not redeemed under Minnesota Statutes Section 580.23.
THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
9. The street address of the mortgaged premises is 9410 79th Ave. SW, Motley, Minnesota 56466.
10. The tax parcel identification number of the premises is 11-035-3200.
Mortgagee or Assignee of Mortgage:
UNITY BANK
s/Ric L. LaCoursiere,
Its Vice President
Attorney for Mortgagee or
Assignee of Mortgage:
Borstad and Hess Law Offices, P.A., Attorneys at Law
208 NE 4th Street, PO Box 85
Staples, MN 56479
218-894-2711
By Hans B. Borstad
Attorney License No. 9957
(Published in the Pine River Journal, September 2, 9, 16, 23, 30 & October 7, 2010)