NOTICE OF MORTGAGE Foreclosure SALE
Date: July 13, 2009
YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of the Mortgage dated January 30, 2006, executed by Steven M. Mihm and Jacque W. Mihm, as husband and wife, as Mortgagors, to Wells Fargo Bank, National Association, as Mortgagee, memorialized on Certificate of Title No. 90875 for record on March 2, 2006, as Document No. 585705, in the office of the Registrar of Titles of Dakota County, Minnesota, which Mortgage was duly recorded on June 22, 2009 as Document No. 2665865 in the office of the Dakota County Recorder. A portion of the land described in the Mortgage is registered land.
2. The original principal amount secured by the Mortgage was $250,000.00.
3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.
4. 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.
5. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is $264,242.56.
6. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:
Legal Description: Lot 6, Block 1, Kingsley Cove.
Property Address: 16584 Klamath Terrace,
Lakeville, Minnesota 55044
Tax Identification Number: 22-41860-060-01
will be sold by the Sheriff of Dakota County, Minnesota, at public auction on September 24, 2009 at 10:00 a.m. at the office of the Dakota County Sheriff, 1580 Highway 55, Hastings, Minnesota.
7. The time allowed by law for redemption by Mortgagors or Mortgagors' personal representatives or assigns is 6 months after the date of sale.
8. 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.
9. THE RIGHT TO VERIFICATION OF THE DEBT, INCLUDING A DEBT DISCHARGED BY A BANKRUPTCY, WHICH DEBT IS SECURED BY THE MORTGAGE, AND IDENTITY OF THE ORIGINAL MORTGAGEE IS NOT AFFECTED BY THIS ACTION. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
10. THE MORTGAGEE DOES NOT INTEND A MERGER OF TITLE WITH ANY OTHER INTEREST IT HOLDS.
Wells Fargo Bank, National Association
Attorneys for Mortgagee
Katherine J. Ford
STEPHENSON, SANFORD & THONE, P.L.C.
Suite 220, 1905 East Wayzata Boulevard
Wayzata, MN 55391