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Foreclosure Postponement

Tuesday, September 11, 2018 - 6:08pm

Foreclosure

Postponement

Publish September 12, 2018

NOTICE OF MORTGAGE

FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described Mortgage:

DATE OF MORTGAGE: July 2, 2007

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $11,130,000.00

MORTGAGOR: Viking Plaza Realty Group, LLC, a Minnesota limited liability company

ORIGINAL MORTGAGEE: LaSalle Bank National Association, a national banking association

DATE AND PLACE OF RECORDING: Recorded in the Office of the County Recorder, Douglas County, Minnesota, on July 16, 2007, as Document No. A297102.

ASSIGNMENTS AND ASSUMPTIONS OF MORTGAGE: Assigned by the Original Mortgagee to Bank of America, N.A. ("Assignee #1") pursuant to that certain Assignment of Mortgage, Security Agreement and Fixture Filing dated as of August 18, 2008, recorded on September 29, 2008, as Document No. A310356, in the Office of the County Recorder, Douglas County, Minnesota; as assigned by Assignee #1 to Wells Fargo Bank, N.A., as Trustee in Trust for the Registered Holders of Bank of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2008-LS1 ("Assignee #2") pursuant to that certain Assignment of Mortgage, Security Agreement and Fixture Filing dated as of August 21, 2008, recorded on September 29, 2008, as Document No. A310358, in the Office of the County Recorder, Douglas County, Minnesota; as further assigned by Assignee #2 to CMLT 2008-LS1 Highway 29 South, LLC, a Delaware limited liability company ("Mortgagee") pursuant to that certain Assignment of Mortgage and Security Agreement and Fixture Filing dated as of March 16, 2018, recorded on March 27, 2018, as Document No. 399647, in the Office of the County Recorder, Douglas County, Minnesota (collectively, the "Mortgage").

LEGAL DESCRIPTION OF PROPERTY WHICH IS ABSTRACT PROPERTY:

Lots 5, 6, 7 and 8, Block 1, Viking Plaza, a part of the Southwest Quarter (SW) of Section Thirty (30), Township One Hundred Twenty-eight (128) North, Range Thirty-seven (37) West of the 5th P.M.

And

All that part of Lot 4, South Park lying West of South Broadway and North of 34th Avenue.

Also described as follows:

Beginning at the south quarter corner of Section 30, Township 128 North, Range 37 West, Douglas County, Minnesota, said point being on the south line of said Lot 4;

thence on an assumed bearing of North 89 degrees 10 minutes 00 seconds West along the south line of said Lot 4 a distance of 33.00 feet;

thence North 01 degrees 41 minutes 21 seconds East 11.35 feet;

thence South 88 degrees 47 minutes 55 seconds West 319.55 feet to the southeast corner of said Lot 8;

thence North 89 degrees 10 minutes 00 seconds West along the south line of said Lots 8, 7 and 5 a distance of 1199.55 feet to the southwest corner of said Lot 5;

thence North 00 degrees 40 minutes 48 seconds East along the westerly line of said Lot 5 a distance of 151.97 feet to the northeast corner of Lot 4, Block One, said Viking Plaza;

thence North 14 degrees 50 minutes 44 seconds East along said westerly line 151.72 feet to the southerly most corner of Lot 2, Block One, said Viking Plaza;

thence North 44 degrees 28 minutes 19 seconds East along said westerly line 199.74 feet to the easterly most corner of said Lot 2;

thence North 44 degrees 50 minutes 59 seconds West along said westerly line 140.00 feet to the northerly most corner of said Lot 2;

thence North 45 degrees 09 minutes 01 seconds East along said westerly line 49.99 feet to the westerly most corner of Lot 1, Block One, said Viking Plaza;

thence South 44 degrees 50 minutes 59 seconds East along said westerly line 130.00 feet to the southerly most corner of said Lot 1;

thence North 42 degrees 51 minutes 34 seconds East along said westerly line 250.17 feet to the easterly most corner of said Lot 1;

thence North 44 degrees 50 minutes 59 seconds West along said westerly line 120.00 feet to the northerly most corner of said Lot 1;

thence North 45 degrees 09 minutes 01 seconds East along said westerly line 124.55 feet;

thence northeasterly along said westerly line and along a tangential curve, concave to the northwest, radius 4683.65 feet, central angle 00 degrees 34 minutes 15 seconds 46.66 feet to the northwest corner of said Lot 5;

thence South 89 degrees 52 minutes 41 seconds East along the north line of said Lots 5 and 6 a distance of 793.05 feet to the northeast corner of said Lot 6;

thence South 00 degrees 36 minutes 16 seconds West along the east line of said Lot 6 a distance of 250.98 feet to the northwest corner of said Lot 4, South Park;

thence South 89 degrees 47 minutes 14 seconds East along the north line of said Lot 4, South Park 364.34 feet to the center line of South Broadway;

thence South 01 degrees 41 minutes 21 seconds West 641.70 feet to the point of beginning.

Together with all rights, privileges and benefits as set forth more specifically that certain Declaration of Restrictive Covenants dated September 3, 1976, filed of record December 2, 1976, as Document No. 23798.

Together with all rights, privileges and benefits as set forth more specifically that certain Declaration of Easements and Restrictions dated November 21, 1997, filed of record November 24, 1997, as Document No. 170859.

Together with all rights, privileges and benefits as set forth more specifically that certain Ditch Agreement dated November 2, 1914, filed of record April 12, 1915, in Book H of Misc., page 520.

Douglas County, Minnesota

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas County, Minnesota

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $10,864,807.95

PHYSICAL STREET ADDRESS, CITY AND ZIP CODE OF THE PREMISES:

3015 Highway 29 South, Alexandria, Minnesota, 56308

TAX PARCEL IDENTIFICATION NUMBERS OF THE PREMISES:

63-3077-000

63-3078-000

63-3079-000

63-3080-000

63-3060-000

The following Mortgagors have been released from financial obligation on the Mortgage: None.

Prior to the commencement of this mortgage foreclosure proceeding, Mortgagee complied with all pre-foreclosure requirements as required by statute.

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, all of the property that is described in the Mortgage, both real and personal, including but not limited to the above described real property and including but not limited to the following personal property owned by any Mortgagor located on or otherwise related to the real property (collectively, the "Property") will be sold by the Sheriff of Douglas County:

Any and all assets of Mortgagor, of any kind or description, tangible or intangible, whether now existing or hereafter arising or acquired, including but not limited to: all property of, or for the account of, Mortgagor now or hereafter coming into the possession, control, or custody of, or in transit to, Mortgagee or any agent or bailee for Mortgagee or any parent, affiliate or subsidiary of Mortgagee or any participant with Mortgagee in the loans to Mortgagor (whether for safekeeping, deposit, collection, custody, pledge, transmission or otherwise), including all earnings, dividends, interest, or other rights in connection therewith and the products and proceeds therefrom, including the proceeds of insurance thereon, and the additional property of Mortgagor, whether now existing or hereafter arising or acquired, and wherever now or hereafter located, together with all additions and accessions thereto, substitutions for, and replacements, products and proceeds therefrom, and all of Mortgagors books and records and recorded data relating thereto (regardless of medium of recording or storage), together with all of Mortgagors right, title and interest in and to all computer software required to utilize, create, maintain and process any such records or data on electronic media, identified and set forth as follows: all Accounts and all Goods whose sale, lease or other disposition by Mortgage have given rise to Accounts and have been returned to, or repossessed or stopped in transit by, Mortgagor, or rejected or refused by an Account Debtor, all Inventory, including, without limitation, raw materials, work-in-process and finished goods, all Goods (other than Inventory), including, without limitation, embedded software, Equipment, vehicles, furniture and Fixtures, all Software and computer programs, all Securities and Investment Property, all Chattel Paper, Electronic Chattel Paper, Instruments, Documents, Letter of Credit Rights, all proceeds of letters of credit, Health-Care-Insurance Receivables, Supporting Obligations, notes secured by real estate, Commercial Tort Claims, contracts, licenses, permits and all other General Intangibles, including Payment Intangible and collateral assignment of beneficial interests in land trusts, all insurance policies and proceeds insuring the foregoing property or any part thereof, including unearned premiums, and all operating accounts, the loan funds, all escrows, reserves and any other monies on deposit with or for the benefit of Mortgagee, including deposits for the payment of real estate taxes and insurance, maintenance and leasing reserves, and any cash collateral accounts, clearing house accounts, operating accounts, bank accounts of Mortgagor or any other Deposit Accounts of Mortgagor.

PURSUANT to the power of sale contained in said Mortgage, the Property will be sold by the Sheriff of Douglas County as follows:

DATE AND TIME OF SALE: 10:00 a.m., June 14, 2018

PLACE OF SALE: Douglas County Sheriffs Office Civil Unit, 216 7th Avenue West, Lobby, Alexandria, MN 56308

to pay the debt secured by said Mortgage and taxes, if any, on said Property 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 any Mortgagor, its personal representatives or assigns.

Date: April 1, 2018

CMLT 2008-LS1 HIGHWAY 29 SOUTH, LLC,

a Delaware limited liability company

By: Fox Rothschild LLP, its attorney

By: /s/ Steven W. Meyer

Steven W. Meyer

Its: Attorney

NOTICE OF POSTPONEMENT OF SALE NOTICED BY THE ABOVE

NOTICE OF MORTGAGE

FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that the mortgage foreclosure sale referred to in the above Notice of Mortgage Foreclosure Sale has been postponed from the 14th day of June, 2018, at 10:00 a.m., and will be held on the 20th day of July, 2018, at 10:00 a.m., at the Douglas County Sheriff's Office - Civil Unit, 216 7th Avenue West, Lobby, Alexandria, MN 56308.

Please be advised that if the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23 or the redemption period is not reduced under Minn. Stat. 582.032, the Mortgagor must vacate the property on or before January 20, 2019. The time to vacate the property is 11:59 p.m., central time, on the specified date.

Date: June 6, 2018

CMLT 2008-LS1 HIGHWAY 29

SOUTH, LLC,

a Delaware limited liability company

By:Fox Rothschild LLP, its attorneys

By: /s/ Steven W. Meyer

Steven W. Meyer

Its: Attorney

NOTICE OF POSTPONEMENT OF SALE NOTICED BY THE ABOVE

NOTICE OF MORTGAGE

FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that the mortgage foreclosure sale referred to in the above Notice of Mortgage Foreclosure Sale has been postponed from the 20th day of July, 2018, at 10:00 a.m., and will be held on the 19th day of October, 2018, at 10:00 a.m., at the Douglas County Sheriff's Office - Civil Unit, 216 7th Avenue West, Lobby, Alexandria, MN 56308.

Please be advised that if the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23 or the redemption period is not reduced under Minn. Stat. 582.032, the Mortgagor must vacate the property on or before April 19, 2019. The time to vacate the property is 11:59 p.m., central time, on the specified date.

Date: July 10, 2018

CMLT 2008-LS1 HIGHWAY 29

SOUTH, LLC,

a Delaware limited liability company

By:Fox Rothschild LLP, its attorneys

By: /s/ Steven W. Meyer

Steven W. Meyer

Its: Attorney

NOTICE OF POSTPONEMENT OF SALE NOTICED BY THE ABOVE

NOTICE OF MORTGAGE

FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that the mortgage foreclosure sale referred to in the above Notice of Mortgage Foreclosure Sale has been postponed from the 19th day of October 2018, at 10:00 a.m., and will be held on the 9th day of November 2018, at 10:00 a.m., at the Douglas County Sheriff's Office - Civil Unit, 216 7th Avenue West, Lobby, Alexandria, MN 56308.

Please be advised that if the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23 or the redemption period is not reduced under Minn. Stat. 582.032, the Mortgagor must vacate the property on or before May 9, 2019. The time to vacate the property is 11:59 p.m., central time, on the specified date.

Date: September 10, 2018

CMLT 2008-LS1 HIGHWAY 29

SOUTH, LLC,

a Delaware limited liability company

By:Fox Rothschild LLP, its attorneys

By: /s/ Steven W. Meyer

Steven W. Meyer

Its: Attorney

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