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 conditions of the following described mortgage:
DATE OF MORTGAGE:February 22, 2005
MORTGAGOR:Wendy R Osterberg and Dennis L Osterberg, joint tenants, wife and husband.
MORTGAGEE: Mortgage Electronic Registration Systems, Inc..
DATE AND PLACE OF RECORDING: Recorded April 25, 2005 Dakota County Recorder, Document No. 2315521.
ASSIGNMENTS OF MORTGAGE: Assigned to: The Bank of New York Mellon FKA The Bank of New York, as indenture trustee for Encore Credit Receivables Trust 2005-1. Dated July 30, 2013 Recorded August 14, 2013, as Document No. 2969904.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT\'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100180100001940335
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Encore Credit Corp.
RESIDENTIAL MORTGAGE SERVICER: Select Portfolio Servicing, Inc.
MORTGAGED PROPERTY ADDRESS: 20367 Idaho Court, Lakeville, MN 55044
TAX PARCEL I.D. #: 22-18201-01-030
LEGAL DESCRIPTION OF PROPERTY:
Lot 3, Block 1, Country Creek Estates Second Addition, Dakota County, Minnesota.
COUNTY IN WHICH PROPERTY IS LOCATED: Dakota
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $323,000.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE:$323,417.41
That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;
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: October 25, 2013 at 10:00 AM
PLACE OF SALE:Sheriff\'s Office, Law Enforcement Center, 1580 Hwy 55, Lobby #S-100, Hastings, MN
to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys\' fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on April 25, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
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: August 30, 2013
The Bank of New York Mellon f/k/a The Bank of New York, as Trustee
Mortgagee/Assignee of Mortgagee
USSET, WEINGARDEN AND LIEBO, P.L.L.P.
Attorneys for Mortgagee/Assignee of Mortgagee
4500 Park Glen Road #300
Minneapolis, MN 55416
38 - 13-005067 FC
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.