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1057091 Foreclosure - Brown

Foreclosure Sale

Publish March 31, April 7, 14, 21, 28, May 5, 2010

NOTICE OF MORTGAGE

FORECLOSURE SALE

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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.

Date: March 26, 2010

YOU ARE NOTIFIED THAT:

1. Default has occurred in the conditions of the Mortgage dated June 27, 2007, executed by Jeffrey B. Brown, a single person, as Mortgagor, to Viking Savings Association, F.A., (now known as Viking Savings Bank) as Mortgagee, and filed for record June 29, 2007, as Document No. 296594, in the office of the County Recorder of Douglas County, Minnesota. The land described in the Mortgage is not registered land.

2. The Mortgage has not been assigned.

3. The original principal amount secured by the Mortgage was: $440,000.00.

4. The address of the mortgaged premises is as follows:

Crooked Lake Lane NE

Nelson, MN 56355

5. The real estate tax parcel numbers of the mortgage premises are as follows:

51-0031-000, 51-0035-000, 51-0037-100, 51-0037-150, 51-0037-155, and 51-0037-160.

6. There is no transaction agent and therefore no transaction agent's mortgage identification number.

7. The name of the lender and residential mortgage originator and servicer is Viking Savings Bank, f/k/a Viking Savings Association, F.A.

8. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.

9. 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, including without limitation, the giving of all notices, or other conditions precedent set forth in the mortgage, or in any statute, rule or regulation.

10. The Mortgagor must vacate the property, if the mortgage is not reinstated under Section 580.30, or the property redeemed under Section 580.23, on or before May 21, 2011, at 11:59 p.m.

11. At the date of this notice the amount due on the Mortgage is: Four Hundred Ninety-Eight Thousand Eight Hundred Seventy-Two and 19/100 Dollars ($498,872.19).

12. As a result of the default, and pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land lying and being in the County of Douglas, State of Minnesota, described as follows:

PARCEL I:

All that part of Government Lots 1 and 2, Section 3, all that part of Government Lots 1, 3, 4 and 5, Section 4, all in Township 128 North, Range 36 West, Douglas County, Minnesota, and all that part of Lots 5, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of the AUDITOR'S SUBDIVISION OF CROOKED AND HANFORD LAKES, according to the recorded plat thereof on file and of record in the office of the Douglas County Recorder, lying within the following described tract of land:

Beginning at the southwest corner of said Section 4;

thence North 00 degrees 48 minutes 36 seconds West, Douglas County HARN Coordinate System, along the west line of said Section 4, a distance of 2662.68 feet to the west quarter corner of said Section 4;

thence North 00 degrees 48 minutes 36 seconds West, continuing along said west line of Section 4, a distance of 1330.73 feet to the north line of said Government Lot 3, Section 4;

thence South 89 degrees 57 minutes 32 seconds East, along said north line of Government Lot 3, and said north line extended, 2634.61 feet to the intersection of the southerly extension of the west line of said Government Lot 1, Section 4;

thence North 00 degrees 34 minutes 53 seconds West, along said southerly extension of the west line and along said west line of Government Lot 1, Section 4, a distance of 1439.29 feet to the north line of said Government Lot 1, Section 4, said north line also being the south line of Section 33, Township 129 North, Range 36 West, said Douglas County, Minnesota;

thence North 89 degrees 51 minutes 27 seconds East, along said north line of Government Lot 1, Section 4, and along said south line of Section 33, a distance of 768.31 feet to the southwest corner of Section 34, said Township 129 North, Range 36 West, Douglas County, Minnesota;

thence North 89 degrees 36 minutes 54 seconds East, continuing along said north line of Government Lot 1, Section 4, and along the north line of said Government Lot 1, Section 3, and along the south line of said Section 34, a distance of 2675.81 feet to the south quarter corner of said Section 34; thence South 89 degrees 56 minutes 51 seconds East, continuing along said north line of Government Lot 1, Section 3, and along the north line of said Government Lot 2, Section 3, and continuing along said south line of Section 34, a distance of 683.10 feet;

thence South 07 degrees 16 minutes 48 seconds West 1320.70 feet;

thence North 58 degrees 24 minutes 41 seconds West 499.88 feet;

thence North 81 degrees 50 minutes 27 seconds West 719.47 feet;

thence South 87 degrees 18 minutes 35 seconds West 36.33 feet;

thence South 61 degrees 22 minutes 54 seconds West 42.19 feet;

thence South 49 degrees 31 minutes 51 seconds West 3167.45 feet;

thence South 18 degrees 46 minutes 24 seconds West 1447.25 feet;

thence South 44 degrees 32 minutes 20 seconds West 1484.87 feet to a point on the south line of said Section 4, distant 1395.11 feet east of said southwest corner of Section 4;

thence North 89 degrees 52 minutes 57 seconds West, along said south line, 1395.11 feet to the point of beginning.

The tract contains 390.04 acres more or less.

EXCEPTING THEREFROM THE FOLLOWING TRACTS OF LAND:

1. That part of Government Lot 5 and that part of Lot 19, AUDITOR'S SUBDIVISION OF CROOKED AND HANFORD LAKES, according to the recorded plat thereof on file and of record in the office of the Douglas County Recorder, said Lot 19 being a part of Government Lot 4, all within Section 4, Township 128 North, Range 36 West, Douglas County, Minnesota, and described as follows:

Commencing at the southwest corner of said Section 4;

thence North 00 degrees 48 minutes 36 seconds West, Douglas County HARN Coordinate System, along the west line of said Section 4, a distance of 1578.42 feet;

thence North 89 degrees 11 minutes 24 seconds East 769.78 feet to Point "A" and this being the point of beginning of the land to be described;

thence North 06 degrees 41 minutes 08 seconds East 504.88 feet;

thence South 86 degrees 09 minutes 34 seconds East 784.78 feet;

thence South 16 degrees 43 minutes 52 seconds West 512.80 feet;

thence North 87 degrees 26 minutes 45 seconds West 124.95 feet;

thence South 17 degrees 11 minutes 37 seconds West 511.97 feet;

thence North 83 degrees 30 minutes 56 seconds West 466.77 feet;

thence North 05 degrees 31 minutes 37 seconds East 475.23 feet to the point of beginning.

The tract contains 14.35 acres more or less.

2. That part of Lot 19, AUDITOR'S SUBDIVISION OF CROOKED AND HANFORD LAKES, according to the recorded plat thereof on file and of record in the office of the Douglas County Recorder, said Lot 19 being a part of Government Lot 4, within Section 4, Township 128 North, Range 36 West, Douglas County, Minnesota, and described as follows:

Commencing at the southwest corner of said Section 4;

thence North 00 degrees 48 minutes 36 seconds West, Douglas County HARN Coordinate System, along the west line of said Section 4, a distance of 1578.42 feet;

thence North 89 degrees 11 minutes 24 seconds East 769.78 feet to Point "A" and this being the point of the land to be described;

thence South 75 degrees 11 minutes 19 seconds East 186.84 feet;

thence North 05 degrees 41 minutes 08 seconds East 504.58 feet;

thence North 75 degrees 11 minutes 19 seconds West 830.62 feet;

thence South 05 degrees 41 minutes 08 seconds West 505.11 feet;

thence South 78 degrees 03 minutes 45 seconds East 10.42 feet;

thence South 75 degrees 11 minutes 19 seconds East 633.29 feet to the point of beginning.

The tract contains 9.50 acres more or less.

3. That part of Government Lot 5, Section 4, Township 128 North, Range 36 West, Douglas County, Minnesota, described as follows:

Beginning at the southwest corner of said Section 4;

thence South 89 degrees 52 minutes 57 seconds East, Douglas County HARN Coordinate System, along the south line of said Government Lot 5 a distance of 627.82 feet;

thence North 00 degrees 48 minutes 36 seconds West 50.01 feet;

thence North 42 degrees 26 minutes 29 seconds East 104.74 feet;

thence North 00 degrees 48 minutes 36 seconds West 595.52 feet;

thence North 89 degrees 52 minutes 57 seconds West 293.77 feet;

thence South 45 degrees 05 minutes 03 seconds West 303.57 feet;

thence North 89 degrees 52 minutes 57 seconds West 187.83 feet to the west line of said Government Lot 5;

thence South 00 degrees 48 minutes 36 seconds East, along said west line 508.17 feet to the point of beginning.

The tract contains 10.00 acres more or less

4. All that part platted as MURPHYS RUN.

PARCEL II:

Lots 1, 2 and 3, Block 1, MURPHYS RUN, Douglas County, Minnesota.

will be sold by the County Sheriff of Douglas County, Minnesota, at public auction on May 21, 2010 , at 10:00 a.m. at the Douglas County Law Enforcement Center, 216 Seventh Avenue West, in the City of Alexandria, Minnesota.

13. The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is twelve (12) months after the date of sale.

14. Mortgagor released from financial obligation on Mortgage: None.

15. 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.

VIKING SAVINGS BANK,

F/K/A VIKING SAVINGS

ASSOCIATION

MORTGAGEE

ATTORNEYS FOR MORTGAGEE:

Gary I. Syverson

SWENSON LERVICK SYVERSON

TROSVIG JACOBSON, P.A.

710 Broadway, P.O. Box 787

Alexandria, MN 56308

320/763-3141

Atty. Reg. No. 108133

1057091

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