NOTICE OF MORTGAGE FORECLOSURE SALEDate: February 18, 2010
Date: February 18, 2010
YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of the Mortgage dated April 25, 2007, executed by Valerie M. Church f/k/a Valerie M. McMillian and James C. Church, wife and husband, as Mortgagors, to Wells Fargo Financial Minnesota, Inc., as Mortgagee, and filed for record May 22, 2007, as Document No. 2518825, 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 $241,718.03.
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 $258,201.67.
6. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:
Lot 19, Block 4, Highview Heights 3rd
Addition, Dakota County, Minnesota;
will be sold by the Sheriff of Dakota County, Minnesota, at public auction on April 22, 2010, at 10:00 a.m. at the office of the Dakota County Sheriff, 1580 Highway 55, Hastings, Minnesota.
7. The mortgagor must vacate the property on or before 11:59 p.m. October 22, 2010, if the mortgage is not reinstated under Minn. Stat. Sec. 580.30, the property is not redeemed under Minn. Stat. Sec. 580.23, or the redemption period is not reduced under section 582.032.
8. The time allowed by law for redemption by Mortgagors or Mortgagors' personal representatives or assigns is 6 months after the date of sale.
9. 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.
10. 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.
11. THE MORTGAGEE DOES NOT INTEND A MERGER OF TITLE WITH ANY OTHER INTEREST IT HOLDS.
Foreclosure Data required by Minn. Stat. Sec. 580.025
1. Property Address: 16460 Harwell Avenue, Lakeville, Minnesota 55044
2. Transaction Agent: Not Applicable
3. Name of Mortgage Originator (Lender): Wells Fargo Financial Minnesota, Inc.
4. Residential Servicer: Wells Fargo Financial Minnesota, Inc.
5. Tax Parcel Identification Number: 22-32902-190-04
6. Transaction Agent's Mortgage ID Number: Not Applicable
Wells Fargo Financial Minnesota, Inc.
Attorneys for Mortgagee
Courtney M. Strean
STEPHENSON, SANFORD & THONE, P.L.C.
Suite 220, 1905 East Wayzata Boulevard
Wayzata, MN 55391