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Foreclosure: Green Tree Servicing LLC vs. Batesole

Thursday, May 15, 2014 - 6:02pm

Foreclosure Sale

Publish April 11, 18, 25, May 2, 9, 16, 2014

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: December 28, 2009

MORTGAGOR: Darin R. Batesole, and Roberta L. Batesole, his wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF RECORDING: Recorded January 4, 2010 Douglas County Recorder, Document No. A324039.

ASSIGNMENTS OF MORTGAGE: Assigned to: Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP. Dated August 3, 2011 Recorded December 2, 2011, as Document No. A342526. And thereafter assigned to: Green Tree Servicing LLC. Dated May 14, 2013 Recorded August 12, 2013, as Document No. 360547.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 1000255-0000437017-5

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Bank of America, N.A

RESIDENTIAL MORTGAGE SERVICER: Green Tree Servicing LLC

MORTGAGED PROPERTY ADDRESS: 5743 Wolley Lake Road Southwest, Kensington, MN 56343

TAX PARCEL I.D. #: 54.0016.000

LEGAL DESCRIPTION OF PROPERTY:

That part of Government Lot 6 and of the Southwest Quarter of the Southeast Quarter of Section 2, Township 127, Range 40, West described as follows: Commencing at the West Quarter corner of said Section 2; thence South 89 degrees 47 minutes 54 seconds East, assumed bearing, along the North line of the Southwest Quarter of Section 2 and along the North line of aforesaid Government Lot 6, a distance of 3456.87 feet to the point of beginning of the land to be described; thence South 11 degrees 48 minutes 09 seconds West 1352.49 feet; thence North 69 degrees 32 minutes 44 seconds East 480.20 feet; thence North 73 degrees 59 minutes 03 seconds East 147.54 feet; thence South 60 degrees 00 minutes 00 seconds East 20 feet more or less to the shoreline of an Un-named Lake; thence North easterly, along said Lake, 1390 feet more or less to aforesaid North line of Government Lot 6; thence North 89 degrees 47 minutes 54 seconds West, along said North line, 1121 feet more or less to the point of beginning.

The tract contains 23.6 acres more or less, subject to an existing roadway easement of the Northerly portion thereof (Wolley Lake Road).

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $208,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $248,302.70

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: May 30, 2014 at 10:00 AM

PLACE OF SALE: Lobby of Sheriff's Office, Alexandria, 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 December 1, 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

Dated: March 26, 2014

Green Tree Servicing LLC

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

(952) 925-6888

8 14-001929 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

1899391