NOTICE OF MORTGAGE Foreclosure SALE
Date: May 14, 2009
YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of the Mortgage dated February 28, 2005, executed by Daniel J. Miller and Debbie L. Miller, husband and wife, as Mortgagors, to Wells Fargo Financial Minnesota, Inc., as Mortgagee, and filed for record April 13, 2005, as Document No. 2312573, in the office of the County Recorder of Dakota County, Minnesota. The land described in the Mortgage is not registered land.
2. The original principal amount secured by the Mortgage was $163,658.22.
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 $180,878.63.
6. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:
Legal Description: That part of Lot 4, Block 1, Cinnamon Ridge 5th Addition, lying Easterly of a line drawn from a point on the South line of said Lot 4 distant 42.0 feet East of the Southwest Corner thereof, to a point on the North line of said Lot 4 Distant 25.53 feet East of the Northwest Corner thereof.
Property Address: 4426 Cinnamon RidgeTrail, Eagan, Minnesota 55122
Tax Identification number: 10-17404-041-01
will be sold by the Sheriff of Dakota County, Minnesota, at public auction on July 23, 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 AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW 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 Financial Minnesota, Inc.
Attorneys for Mortgagee
Mark D. Stephenson
STEPHENSON, SANFORD & THONE, P.L.C.
Suite 220, 1905 East Wayzata Boulevard
Wayzata, MN 55391