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Jacob and Allison Temple vs TCF Natl Bank - Mortgage Foreclosure

Thursday, October 4, 2012 - 12:00am

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTIFICATION OF THE ORIGINAL CREDITOR WITHIN THE TIME PERIOD PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the mortgage dated March 19, 2008, executed by Jacob M. Temple and Allison Temple, husband and wife, as mortgagors, to TCF National Bank, a national banking association, as mortgagee, recorded in the office of the County Recorder of Dakota County, Minnesota, on April 4, 2008, as Document No. 2582236, which mortgage conveyed and mortgaged the following described property, situated in the County of Dakota and State of Minnesota, which property has a street address of 15869 Gooseberry Way, Apple Valley, Minnesota 55124, and tax identification number 014910601380:

Lot 38, Block 1, Morningview 7th Addition, Dakota County, MN

That the original principal amount secured by said mortgage was $161,082.00; that there has been compliance with any condition precedent to acceleration of the debt secured by said mortgage and foreclosure of said mortgage required by said mortgage, any note secured thereby, or any statute; that no action or proceeding has been instituted at law to recover the debt remaining secured by said mortgage, or any part thereof; that there is claimed to be due upon said mortgage and is due thereon at the date of this notice, the sum of $154,043.24 in principal and interest.

That by virtue of the power of sale contained in said mortgage, the said mortgage will be foreclosed by the sale of the above described premises with appurtenances, which said sale will be made by the Sheriff of Dakota County, Minnesota, at the Sheriff's office in Lobby Number S-100, Law Enforcement Center, 1580 Highway 55, Hastings, Minnesota, on November 19, 2012, at 10:00 o'clock a.m., at public auction to the highest bidder, to pay the amount then due on said mortgage, together with the costs of foreclosure, including attorneys' fees as allowed by law, in accordance with the provisions of said mortgage. The time allowed by law for redemption by the mortgagors, their personal representatives or assigns, is six (6) months from the date of said sale.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE

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.

If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the mortgaged property by 11:59 p.m. on May 20, 2013, unless the foreclosure is postponed pursuant to Minn. Stat. §580.07, or the redemption period is reduced to five (5) weeks under Minn. Stat. §582.032.

THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

DATED: October 4, 2012

TCF National Bank

FOLEY & MANSFIELD, P.L.L.P.

By: Karl K. Heinzerling

Atty. No. 142475

Attorneys for Mortgagee

250 Marquette Avenue, Suite 1200

Minneapolis, Minnesota 55401

(Oct 4, 11, 18, 25, Nov. 1, 8)


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