Foreclosure Sale
Publish January 18, 25, February 1, 8, 15, 22, 2013
NOTICE OF MORTGAGE
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: FEBRUARY 1, 2010
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $41,113.69
MORTGAGOR(S): NORMAN H. HOEPER AND RHONDA J. HOEPER, HUSBAND AND WIFE
MORTGAGEE: THE FIRST NATIONAL BANK OF OSAKIS
DATE AND PLACE OF RECORDING: MARCH 15, 2010, OFFICE OF THE DOUGLAS COUNTY RECORDER, MINNESOTA
DOCUMENT NUMBER: 325946
LEGAL DESCRIPTION:
E1/2 of NE1/4 and the SW1/4 of NE1/4 in Section 24, Township 130, Range 37,
EXCEPTING THEREFROM:
All that part of E1/2 NE1/4 of Section 24, Township 130, Range 37. More particularly described as follows: Beginning at the Southeast corner of said East Half of the Northeast Quarter; thence on an assumed bearing of North 01°43’54” East and along the East line of said East Half of the Northeast Quarter a distance of 560.97 feet; thence South 88°10’ West 396.0 feet; thence South 00°20’ East 546.83 feet more or less to the intersection with the South line of said East Half of the Northeast Quarter; thence Easterly and along the said South line 375.6 feet more or less to the point of beginning.
AND FURTHER EXCEPTING THEREFROM:
The Southwest Quarter of the Northeast Quarter, Section 24, Township 130 North, Range 37 West, DOUGLAS COUNTY, MINNESOTA; AND That part of the East Half of the Northeast Quarter, Section 24, Township 130 North, Range 37 West, DOUGLAS COUNTY, MINNESOTA described as follows: Commencing at the Northeast corner of said Section 24; thence on an assumed bearing of North 89 degrees 12 minutes 26 seconds West along the North line of said East Half of the Northeast Quarter 1004.91 feet to the point of beginning of the land to be described; thence South 01 degrees 57 minutes 13 seconds East 1788.21 feet to a point hereinafter referred to as “Point A”; thence continuing South 01 degrees 57 minutes 13 seconds East 855.32 feet to the South line of said East Half of the Northeast Quarter; thence South 89 degrees 00 minutes 28 seconds West along said south line 402.14 feet to the Southwest corner of said East Half of the Northeast Quarter; thence North 00 degrees 03 minutes 46 seconds East 2653.24 feet to the Northwest corner of said East Half of the Northeast Quarter; thence South 89 degrees 12 minutes 26 seconds East 309.08 feet to the point of beginning. TOGETHER WITH a 50 foot Easement for ingress and egress purposes over, under and across part of the East Half of the Northeast Quarter, Section 24, Township 130 North, Range 37 West, and part of the Northwest Quarter, Section 19, Township 130 North, Range 36 West, DOUGLAS COUNTY, MINNESOTA, lying North of the following described line: Beginning at aforesaid “Point A”; thence North 84 degrees 39 minutes 38 seconds East 535.05 feet; thence North 89 degrees 59 minutes 03 seconds East 428.05 feet to the Westerly right-of-way of existing County State Aid Highway Number 65 be prolonged or shortened to terminate on the East line of said 21.61 acre parcel and the Westerly right of way of said County State Aid Highway No. 65.
AND FURTHER EXCEPTING THEREFROM:
That part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of Section 24, Township 130 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the East quarter of said Section 24;
Thence North 01 degrees 43 minutes 54 seconds East, along the East line of said Section 24, a distance of 560.97 feet to the point of beginning of the land to be described;
Thence South 88 degrees 10 minutes 00 seconds West 396.00 feet;
Thence North 00 degrees 20 minutes 00 seconds West 351.98 feet;
Thence South 88 degrees 23 minutes 27 minutes East 407.92 feet to said East line of Section 24;
Thence South 01 degrees 43 minutes 54 seconds West, along said East line, 328.00 feet to the point of beginning.
AND FURTHER EXCEPTING THEREFROM:
That part of the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section 24, Township 130 North, Range 37 West, Douglas County, Minnesota, described as follows:
Beginning at the Northeast corner of said Section 24;
Thence North 89 degrees 12 minutes 26 seconds West, assumed bearing along the North line of said Section 24, a distance of 1004.91 feet;
Thence South 01 degrees 57 minutes 13 seconds East 437.39 feet;
Thence South 89 degrees 12 minutes 26 seconds East 989.18 feet; to the East line of said Section 24;
Thence North 00 degrees 06 minutes 24 seconds East, along said East line, 436.92 feet to the point of beginning.
The tract is subject to an existing public roadway easement over the Easterly portion thereof (County Road No. 65)
AND FURTHER EXCEPTING THEREFROM:
That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 130 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter;
thence on an assumed bearing of North 00 degrees 06 minutes 24 seconds East along the east line of said Southeast Quarter of the Northeast Quarter, a distance of 888.97 feet to the point of beginning of the land to be described;
thence South 89 degrees 59 minutes 03 seconds West 407.92 feet;
thence South 01 degrees 57 minutes 30 seconds East 895.88 feet to the south line of said Southeast Quarter of the Northeast Quarter;
thence South 89 degrees 00 minutes 28 seconds West along said south line 534.27 feet to a point 402.14 feet from the southwest corner of said Southeast Quarter of the Northeast Quarter as measured along said south line;
thence North 01 degrees 57 minutes 13 seconds West 1079.46 feet;
thence North 89 degrees 00 minutes 28 seconds East 948.78 feet to the east line of said Southeast Quarter of the Northeast Quarter;
thence South 00 degrees 06 minutes 24 seconds West along said east line 190.53 feet to the point of beginning.
Subject to an existing 50’ ingress and egress easement as described in Document No. 158735 and of record in the Office of the Douglas County Recorder.
Informational Note: Pursuant to survey by Stoeckel Jahner Surveying Inc., dated August 16, 2010, File No. 5241, the above parcel contains 15.00 acres more or less.
TOGETHER WITH:
An easement for ingress and egress purposes over, under and across that part of the Southwest Quarter of the Northwest Quarter, Section 19, Township 130 North, Range 36 West, Douglas County, Minnesota, described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Northwest Quarter;
thence on an assumed bearing of South 89 degrees 35 minutes 12 seconds East along the south line of said Southwest Quarter of the Northwest Quarter, a distance of 66.03 feet to a point hereinafter referred to as Point “A”;
thence reversing North 89 degrees 35 minutes 12 seconds West along said south line 66.03 feet to said southwest corner;
thence North 00 degrees 06 minutes 24 seconds East along the west line of said Southwest Quarter of the Northwest Quarter a distance of 888.97 feet to the point of beginning of the easement to be described;
thence continuing North 00 degrees 06 minutes 24 seconds East along said west line 190.53 feet;
thence North 89 degrees 00 minutes 28 seconds East 38.73 feet to the intersection of a line bearing North 01 degrees 20 minutes 28 seconds West from aforesaid Point “A”;
thence South 01 degrees 20 minutes 28 seconds East 191.24 feet;
thence South 89 degrees 59 minutes 03 seconds West 43.55 feet to the point of beginning.
Containing 0.18 acres more or less.
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: $45,393.35
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: MARCH 1, 2013; 10:00 A.M.
PLACE OF SALE: DOUGLAS COUNTY LAW ENFORCEMENT CENTER AT THE DOUGLAS COUNTY JAIL, 509 3RD 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 attorney’s 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 March 1, 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 AGRICULTURAL LANDS AS DEFINED BY THE MINNESOTA OMNIBUS FARM ACT, LAWS OF 1986, CHAPTER 398, BUT THE FARMER-LENDER MEDIATION ACT DOES NOT APPLY BY VIRTUE OF MINN. STAT. SECTION 583.24, SUBD. 2(b).
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: 16360 Co. Rd. 65 NE, Miltona, 56354
(2) Transaction Agent, Residential Mortgage Servicer, Lender or Broker: The First National Bank of Osakis
(3) Tax Parcel Identification Number of Mortgaged Premises: 42-0596-000
(4) Transaction Agent’s Mortgage Identification Number, If Stated On Mortgage: 106909
(5) Name of Mortgage Originator, If Stated on Mortgage: The First National Bank of Osakis
Dated: January 4, 2013
THE FIRST NATIONAL
BANK OF OSAKIS
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
1631005
Tags: legals
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