1614390 Foreclosure - Fuoss

Foreclosure Sale

Publish December 14, 21, 28, 2012, January 4, 11, 18, 2013

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: September 20, 2007

MORTGAGOR: Dennis L. Fuoss, Jr. and Angela R. Fuoss, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF RECORDING: Recorded October 2, 2007 Douglas County Recorder, Document No. 299641.

ASSIGNMENTS OF MORTGAGE: Assigned to: CitiMortgage, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100049700010008965

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: AFS Financial, Inc.

RESIDENTIAL MORTGAGE SERVICER: CitiMortgage Inc.

MORTGAGED PROPERTY ADDRESS: 420 9th Avenue West, Alexandria, MN 56308

TAX PARCEL I.D. #: 63-0779-000

LEGAL DESCRIPTION OF PROPERTY:

1078711

420 9th Avenue W

Alexandria, Minnesota 56308

Dennis L. Fuoss, Jr. and Angela R. Fuoss

EXHIBIT A

The West 1/2 of Lot 6, Block 26, Original Townsite of Alexandria AND the West 1/2 of Lot 5, Block 26, Original Townsite of Alexandria, according to the recorded plat thereof on file and of record in the office of the County Recorder, Douglas County, Minnesota, EXCEPTING THEREFROM that part of Lot 5, all in Block 26, Original Townsite of Alexandria, according to the recorded plat thereof on file and of record in the office of the County Recorder, Douglas County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 5; thence North, assumed bearing, along the West line of said Lot 5 a distance of 15.71 feet; thence South 89 degrees 48 minutes 23 seconds East 149.24 feet to the East line of said Lot 5, thence South 00 degrees 09 minutes 00 seconds East along the said East line of Lot 5, a distance of 15.37 feet to the South line of said Lot 5; thence North 89 degrees 56 minutes 24 seconds West along said South line of Lot 5 a distance of 149.28 feet to the point of beginning.

AND

1)

That part of Lot 5, all in Block 26, Original Townsite of Alexandria, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Douglas County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 5; thence North, assumed bearing, along the West line of said Lot 5 a distance of 15.71 feet; thence South 89 degrees 48 minutes 23 seconds East 149.24 feet to the East line of said Lot 5, thence South 00 degrees 09 minutes 10 seconds East along said East line of Lot 5 a distance of 15.37 feet to the South line of said Lot 5; thence North 89 degrees 56 minutes 24 seconds West along said South line of Lot 5 a distance of 149.28 feet to the point of beginning.

2)

That part of Lot 5 and 6, all in block 26 of Original Townsite of Alexandria, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Douglas County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 5; thence North, assumed bearing, along the west line of said Lot 5, a distance of 15.71 feet; thence South 89 degrees 48 minutes 23 seconds East 74.62 feet to the pint of beginning of the land to be described; thence South 89 degrees 48 minutes 23 seconds east 74.62 feet to the east line of said Lot 5; thence North 00 degrees 09 minutes 10 seconds West along said east line and along the east line of said Lot 6, a distance of 104.38 feet to the north line of said Lot 6; thence North 89 degrees 55 minutes 58 seconds West, along said north line, 74.48 feet; thence South 00 degrees 04 minutes 35 seconds East 104.21 feet to the point of beginning. The tract contains 7775 square feet, more or less, as described in a Quit Claim Deed to Dennis L. Fuoss, Jr. and Angela R. Fuoss dated 01/02/2001 and recorded as Document No. 206772.

LESS AND EXCEPT that part of Lot 5 and 6, all in Block 26 of Original Townsite of Alexandria, according to the recorded plat thereof on file and of record in the Office of the County Recorder, Douglas County, Minnesota, described as follows:

Commencing at the southwest corner of said Lot 5;

thence North, assumed bearing, along the west line of said Lot 5, a distance of 15.71 feet; thence South 89 degrees 48 minutes 23 seconds East 74.62 feet to the point of beginning of the land to be described; thence South 89 degrees 48 minutes 23 seconds East 74.62 feet to the east line of said Lot 5, thence North 00 degrees 09 minutes 10 seconds West, along said east line and along the east line of said Lot 6, a distance of 104.38 feet to the north line of said Lot 6; thence North 89 degrees 55 minutes 58 seconds West, along said north line, 74.48 feet; thence South 00 degrees 04 minutes 35 seconds East 104.21 feet to the point of beginning. The tract contains 7775 square feet more or less, as described in a Quit Claim Deed to Jay R. Clark and Anne D. Clark dated 01/02/2001 and recorded as Document No. 206771.

For title reference see a Deed from Raymond J. Steinbach and Marianne R. Steinbach recorded 06/02/1997 in Document # 165819 and a Deed from Priscilla C. Schultz recorded 01/22/2001 as Document # 206772.

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $80,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $81,437.17

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: February 1, 2013 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 August 1, 2013, 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

“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.”

Dated: December 4, 2012.

CitiMortgage, Inc.

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

10 – 12-003843 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

1614390

Tags: legals