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Foreclosure: Lowry State Bank vs. Overby

Thursday, July 24, 2014 - 6:08pm

Foreclosure Sale

Publish June 20, 27, July 4, 11, 18, 25, 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: DECEMBER 10, 2009

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $199,000.00

MORTGAGOR(S): STEVEN L. OVERBY AND ROBIN A. OVERBY, AS HUSBAND AND WIFE

MORTGAGEE: LOWRY STATE BANK

DATE AND PLACE OF RECORDING: DECEMBER 29, 2009, OFFICE OF THE DOUGLAS COUNTY RECORDER, MINNESOTA

DOCUMENT NUMBER: 323902

LEGAL DESCRIPTION:

The NE1/4SE1/4, Section 12, Township 127 North, Range 38 West;

AND

That part of the SW1/4NW1/4 of Section 25, Township 130 North, Range 37 West, Douglas County, Minnesota, described as follows: Beginning at the northwest corner of said SW1/4NW1/4; thence South 0010'31" East, assumed bearing, along the West line of said SW1/4NW1/4, 480.19 feet to the South line of the North 480.00 feet of said SW1/4NW1/4; thence North 8813'57" East along said South line of the North 480.00 feet, a distance of 65.10 feet to the westerly right of way line of the Soo Line Railway; thence North 0923'10" East, along said westerly right of way line 489.24 feet to the North line of said SW1/4NW1/4; thence South 8813'57" West, along said North line 146.40 feet to the point of beginning. The tract contains 1.17 acres more or less and is subject to easements, reservations or restrictions of record, if any.

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: $192,740.67

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: August 14, 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 twelve (12) 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 August 14, 2015. 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: 106 Main Street, Miltona, MN 56354; and 7520 Highway 29 South, Alexandria, MN 56308

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

(3) Tax Parcel Identification Number of Mortgaged Premises: 87-0011-000 and 30-0279-000

(4) Transaction Agents Mortgage Identification Number, If Stated On Mortgage: 58411

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

Dated: June 13, 2014

LOWRY STATE BANK

By /s/ Scott T. Johnston

Attorney Reg. No. 52334

Attorney for Mortgagee

THIS INSTRUMENT WAS

DRAFTED BY:

JOHNSTON LAW OFFICE, P.A.

SCOTT T. JOHNSTON,

ATTORNEY AT LAW

Easton Place

510 22nd Avenue East, #101,

PO Box 1218

Alexandria MN 56308-1218

320-762-8814

1946295