YOU ARE HEREBY NOTIFIED.
that default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE FORECLOSED
1. Date of Mortgage: April 6, 2005, extended on April 29, 2009.
2. Mortgagors: Michael D. Horak and Kari L. Huseth, now known as Kari L. Horak, (both single persons at the time of execution of the mortgage), husband and wife.
3. Mortgagees: Brainerd Savings and Loan Association, a Federal Association organized and existing under the laws of the United States of America.
4. Recording Information: recorded on April 11, 2005, as Document Number A0684834, and as modified pursuant to Document Number A763472, in the Recorder's Office of Crow Wing County, Minnesota.
5. Assignments of Mortgage, if any: None.
INFORMATION REGARDING MORTGAGED PREMISES
6. Tax parcel identification of the mortgaged premises: 860073300000009; 860072100A0009; 8600724000A0009; 860073100A0009; 860073200C0009; 860073400A00889.
7. Legal description of mortgaged premises: The Southwest Quarter of the Southwest Quarter, the Northwest Quarter of the Southwest Quarter except the North 825 feet thereof, the West 631 feet of the Southeast Quarter of the Southwest Quarter, the Northeast Quarter of the Southwest Quarter, except the North 765 feet of the West 285 feet thereof, and the West 825 feet of the East Half of the Northwest Quarter, all in Section 7, Township 43, Range 29.
8. The physical street address, city and zip code of the mortgage premises: 16370 County Road 2, Brainerd, MN 56401.
OTHER FORECLOSURE DATA
9. The person holding the Mortgage:
Is a transaction agent, as defined by Minn. Stat. 58.02, subd.30.
Is not a transaction agent, as defined by Minn. Stat. 58.02. subd. 30.
The name of the residential mortgage servicer and the lender or broker, as defined by Minn. Stat. 58.02 is Brainerd Savings and Loan.
10. If stated on the Mortgage, the name of the mortgage originator, as defined by Minn. Stat. 58.02 is Brainerd Savings and Loan Association.
INFORMATION REGARDING FORECLOSURE
11. The requisites of Minn. Stat. 580.02 have been satisfied.
12. The original principal amount secured by the Mortgage was $165,000.00
13. At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage, is: $160,229.06.
14. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Crow Wing County, Minnesota at public auction on October 7, 2010, 10:00 A.M. at the sheriff's office in Brainerd, MN.
15. The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is 12 months after the date of sale.
16. Minn. Stat. 580.04(b) provides, "If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23." If this statute applies, the time to vacate the property is 11:59 p.m. on October 6, 2011.
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.
Brainerd Savings & Loan Association, 524 South Sixth Street, P.O. Box 503, Brainerd, MN 56401
BREEN & PERSON
J. Bradley Person #0296302
Attorney for Mortgagee
510 Laurel Street
PO Box 472
Brainerd, MN 56401
(218) 828-1248
(Published in the Lake Country Echo, August 26, September, 2, 9, 16, 23 & 30, 2010)