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Foreclosure: Lowry State Bank vs. Hubenette and Olson

Thursday, March 27, 2014 - 6:03pm

Foreclosure Sale

Publish March 28, April 4, 11, 18, 25, May 2, 2014

NOTICE OF MORTGAGE

FORECLOSURE SALE

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

DATE OF MORTGAGE: APRIL 28, 2010

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $63,325.00

MORTGAGOR(S): JESSE HUBENETTE AND JESSICA OLSON, BOTH SINGLE

MORTGAGEE: LOWRY STATE BANK

DATE AND PLACE OF RECORDING: APRIL 30, 2010, OFFICE OF THE DOUGLAS COUNTY RECORDER, MINNESOTA

DOCUMENT NUMBER: 327206

LEGAL DESCRIPTION:

Lots Three (3) and Four (4), Block Two (2), Reeds First Addition to the Townsite of Nelson, according to the recorded plat on file and of record in the Office of the County Recorder, Douglas County, Minnesota, and the easement rights created in that Driveway Easement and License for Encroachment recorded as Document No. 185388, Douglas County, Minnesota.

COUNTY IN WHICH PROPERTY LOCATED: DOUGLAS

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $65,500.86

THAT prior to the commencement of this mortgage foreclosure proceeding 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 22, 2014; 10:00 A.M.

PLACE OF SALE: THE NORTH DOOR OF THE DOUGLAS COUNTY LAW ENFORCEMENT CENTER, 216 7TH AVENUE WEST, ALEXANDRIA, MINNESOTA 56308

to pay the debt 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.

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 or the time for redemption is not reduced by judicial order, is 11:59 p.m. on November 22, 2014. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

AT THE TIME OF THE COMMENCEMENT OF SAID MORTGAGE FORECLOSURE PROCEEDINGS, SAID LANDS WERE NOT AGRICULTURAL LANDS AS DEFINED BY THE MINNESOTA OMNIBUS FARM ACT, LAWS OF 1986, CHAPTER 398.

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.

THIS IS AN ATTEMPT TO COLLECT A DEBT. 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.

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.

Mortgagors released from financial obligations on mortgage: None.

Pursuant to Minn. Stat. 580.025, the party foreclosing the Mortgage provides the following information, to the best of its knowledge:

(1) Physical Street Address, City and Zip Code of Mortgaged Premises: 341 Nelson Street, Nelson, 56355

(2) Transaction Agent, Residential Mortgage Servicer, Lender or Broker: Lowry State Bank

(3) Tax Parcel Identification Number of Mortgaged Premises: 90-0011-000

(4) Transaction Agents Mortgage Identification Number, If Stated On Mortgage: 58881

(5) Name of Mortgage Originator, If Stated on Mortgage: Lowry State Bank

Dated: March 24, 2014

LOWRY STATE BANK

By /s/ Kelly L. Jenzen

Attorney Reg. No. 301917

Attorney for Mortgagee

THIS INSTRUMENT WAS DRAFTED BY:

JOHNSTON LAW OFFICE, P.A.

KELLY L. JENZEN,

ATTORNEY AT LAW

Easton Place

510 22nd Avenue East, #101,

PO Box 1218

Alexandria MN 56308-1218

320-762-8814

1891630


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