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Mortgage Electronic Registration Systems, Inc. vs Esby

Thursday, May 23, 2013 - 12:00am

NOTICE OF MORTGAGE FORECLOSURE SALE

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.

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: August 9, 2006

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $323,914.00

MORTGAGOR(S): Andrew W. Esby and Gina M. Esby, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware Corporation as nominee for Brier Mortgage Corporation, a Minnesota Corporation

DATE AND PLACE OF FILING: Recorded on September 1, 2006 in the Office of the Dakota County Recorder as Document Number 2458113.

ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A.by written assignment recorded on February 7, 2013 as Document Number 2928660 in the Office of the County Recorder of Dakota County, Minnesota.

LEGAL DESCRIPTION OF PROPERTY:

Lot 9, Block 1, Charleswood Crossing

STREET ADDRESS OF PROPERTY:

19651 ESTES PATH, FARMINGTON, MN 55024-7201

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota County, Minnesota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $300,876.32

THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;

PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: July 17, 2013 at 10:00 AM

PLACE OF SALE: Dakota County Sheriff`s office, Law Enforcement Center, 1580 Highway 55, Hastings, Minnesota

to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is Six (6) months from the date of sale.

Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on January 17, 2014.

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."

Dated: May 14, 2013

WELLS FARGO BANK, N.A.

Mortgagee

SCHILLER & ADAM, P.A.

Rebecca F. Schiller, Esq.

Sarah J.B. Adam, Esq.

N. Kibongni Fondungallah, Esq.

James J. Pauly, Esq.

Steven R. Pennock, Esq.

Curt N. Trisko, Esq.

Jeffrey D. Klobucar, Esq.

Attorneys for Mortgagee

The Academy Professional Building

25 North Dale Street

St. Paul, MN 55102

(651) 209-9760

(13-2032-FC01)

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALE

FORECLOSURE DATA

Minn. Stat. ยง 580.025

(1) Street Address, City and Zip Code of Mortgaged Premises

19651 ESTES PATH

FARMINGTON, MN 55024-7201

(2) Transaction Agent

Mortgage Electronic Registration Systems, Inc., a Delaware Corporation as nominee for Brier Mortgage Corporation, a Minnesota Corporation

(3) Name of Mortgage Originator (Lender)

Mortgage Electronic Registration Systems, Inc., a Delaware Corporation as nominee for Brier Mortgage Corporation, a Minnesota Corporation

(4) Residential Servicer

Wells Fargo Bank, N.A.

(5) Tax Parcel Identification Number

14.16600.01.090

(6) Transaction Agent`s Mortgage ID Number (MERS number)

1001975-0000030036-8

5/23-6/27