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Foreclosure: Swiech

Friday, July 31, 2009 - 1:26pm

NOTICE OF ASSESSMENT LIEN Foreclosure SALE

NOTICE IS HEREBY GIVEN that default has been made in the terms and conditions of the Declaration of Valley Oaks Townhomes Association (henceforth the "Declaration") recorded in the office of the Registrar of Titles for Dakota County, Minnesota on August 5, 1997, as Document No. 358888, which covers the following property:

Lot Eighteen (18), Block One (1), Valley

Oaks Townhomes, Common Interest Community

No. 232, a planned community located in the County

of Dakota, State of Minnesota, and according to

the recorded plat thereof.

WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of July 27, 2009, from Thomas Swiech and Cheryl Swiech, title holders, to Valley Oaks Townhomes Association, a Minnesota non-profit corporation, the principal amount of Four Thousand, Five Hundred Sixteen and 50/100ths Dollars ($4,516.50) for assessments, late fees and related charges, plus assessments, collection costs, attorneys' fees and other amounts will be incurred since said date, including costs of collection and foreclosure;

WHEREAS, no action is now pending at law or otherwise to recover said debt or any part thereof;

WHEREAS, the owners have not been released from the financial obligation to pay said amount;

WHEREAS, pursuant to the Declaration and Minn. Stat. ยง515B.3-116(h), said debt created a lien upon said premises in favor of Valley Oaks Townhomes Association as evidenced by the lien statement recorded on June 8, 2009 in the office of the Dakota County Registrar of Titles as Document No. T645151;

WHEREAS, pursuant to the power of sale granted by the owner(s) in taking title to the premises subject to said Declaration, said lien will be foreclosed by the sale of said property by the sheriff of said county at the Dakota County Sheriff's Department, 1580 Highway 55, Hastings, Minnesota, on September 23, 2009, at 10:00 o'clock a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorneys' fees as allowed by law. The time allowed by law for redemption by the unit owners, their personal representatives or assigns is six (6) months from the date of said sale.

The following information is provided pursuant to Minnesota Statutes Sections 580.025 and 580.04:

Street Address of Property: 12847 Glen Way, Apple Valley, MN 55124

Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A

Tax Parcel Identification Number of the Property: 01-81320-180-01

Transaction Agent's Mortgage Identification Number, if known: N/A

Name of Mortgage Originator, if stated on mortgage: N/A

Date on which Occupant must vacate Property, if mortgage is not reinstated under Section 580.30 or property redeemed under 580.23: 11:59 p.m. on March 23, 2010.

REDEMPTION NOTICE

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 FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: July 27, 2009

HELLMUTH & JOHNSON, PLLC

Jennifer C. Toohey, I.D. #343742

Attorneys for Lienor

10400 Viking Drive, Suite 500

Eden Prairie, MN 55344

(952) 941-4005

Lienor:

Valley Oaks Townhomes Association

Jennifer C. Toohey

Its: Attorney in Fact

THIS INSTRUMENT WAS DRAFTED BY:

HELLMUTH & JOHNSON, PLLC

10400 Viking Drive, Suite 500

Eden Prairie, MN 55344

(952) 941-4005

File No. 12635.0004

7/31-9/4