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Published December 06, 2012, 12:00 AM

Mortgage Electronic Registration Systems, Inc., vs Fleury

NOTICE OF MORTGAGE FORECLOSURE SALE

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: July 7, 2006

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $221,400.00

MORTGAGOR(S): Angela M. Gear-Fleury and Charles Fleury, wife and husband

MORTGAGEE: Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for American Home Mortgage, a New York corporation

DATE AND PLACE OF FILING: Filed August 1, 2006, Dakota County Recorder; Document No. 2449814

ASSIGNMENTS OF MORTGAGE: Assigned to: Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP by written assignment recorded on September 13, 2011 as Document Number 2819104, in the Office of the County Recorder of Dakota County, Minnesota.

LEGAL DESCRIPTION OF PROPERTY:

Lot 13, Block 4, Diamond Path Third Addition, Dakota County, Minn., excepting therefrom that part thereof that lies Southwesterly of the following described line: Beginning at a point on the Northwesterly line of said Lot 13, said point being 53.46 feet Northeasterly of the Southwesterly corner thereof; thence Southeasterly to a point on the Southerly line of said Lot 13, and point being 64.79 feet Easterly of the Southwesterly Corner thereof, Dakota County, Minnesota.

STREET ADDRESS OF PROPERTY:

14991 Dundee Avenue, Apple Valley, MN 55124

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota County, Minnesota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $249,082.20

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: January 23, 2013 at 10:00 a.m.

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 July 23, 2013.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: ANGELA M. GEAR AKA ANGELA M. GEAR-FLEURY

“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: November 27, 2012

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING LP

Mortgagee

REITER & SCHILLER, 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

25 North Dale Street

St. Paul, MN 55102-2227

(651) 209-9760

(G2550)

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALE

FORECLOSURE DATA

Minn. Stat. § 580.025

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

14991 Dundee Avenue, Apple Valley, MN 55124

(2) Transaction Agent

Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for American Home Mortgage, a New York corporation

(3) Name of Mortgage Originator (Lender)

Mortgage Electronic Registration Systems, Inc., a Delaware corporation as nominee for American Home Mortgage, a New York corporation

(4) Residential Servicer

Bank of America, N.A. (800) 669-6650

(5) Tax Parcel Identification Number

01-20502-04-131

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

100024200013486093

12/6-1/10

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