1655913 Foreclosure - Tischer

Foreclosure Sale

Publish March 6, 13, 20, 27, April 3, 10, 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 the conditions of the following described mortgage:

DATE OF MORTGAGE: September 2, 2003

MODIFICATION OF MORTGAGE: Yes

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $700,000.00

MORTGAGOR(S): Kappy Developers, LLC n/k/a Kappy Investments, Inc., Walter D. Tischer and Roxanne L. Tischer, husband and wife

MORTGAGEE: BlackRidgeBANK

DATE AND PLACE OF FILING MORTGAGE: September 2, 2003 – Doc. No. 246367, Douglas County Recorder

DATE AND PLACE OF FILING MODIFICATION OF MORTGAGE: January 1, 2010 – Doc. No. A 324324, Douglas County Recorder and amended on February 8, 2007

ASSIGNMENTS OF MORTGAGE: None

TRANSACTION AGENT: None

TRANSACTION AGENT MORTGAGE IDENTIFICATION NUMBER: None

LENDER OR BROKER: BlackRidgeBANK, 3313 Hwy. 29 South, Alexandria, MN 56308

RESIDENTIAL MORTGAGE SERVICER: None

LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 1, “Geneva Beach Estates”, and that part of Lot 2, Block 1, “Geneva Beach Estates”, described as follows: Commencing at the Southwesterly corner of said Lot 2; thence North 10º28’ East 426 feet more or less along the Westerly line of Lot 2 to the shoreline of Lake Geneva; thence Southeasterly along the shoreline of Lake Geneva, 50 feet to a point; thence South 10º28’ West and parallel to the Westerly line of said Lot 2 to the intersection with the Southerly line of said Lot 2; thence South 78º42’ West along the Southerly line of said Lot 2 to the point of beginning.

AND

Lot 6 of Brown’s Rearrangement of a part of Rearrangement of Hicks Geneva Beach Addition of 1893 and Lot H of Hicks Birch Avenue Outlot Addition to the Townsite of Alexandria.

AND

That part of Block 2, Re-Arrangement of Hicks Geneva Beach Addition to the Townsite of Alexandria, described as follows: Beginning at the Southeast corner of Block 1, Lake Geneva Heights Subdivision; thence along the Westerly line of said Block 2 on a plat bearing of North 21º24’58” East 152.46 feet to the Northeast corner of said Block 1; thence South 62º24’ East along the Southerly right of way of Linden Avenue as dedicated in the recorded plat of Brown’s Rearrangement of a part of the Rearrangement of Hicks Geneva Addition of 1893 to Townsite of Alexandria and Lot H, Hicks Birch Avenue Outlot Addition, 204.20 feet to the Northerly right of way of the Ottertail Valley Railroad; thence South 78º41’21” West along said right of way 241.32 feet to the point of beginning and containing 0.36 acres more or less.

AND

That part of Lot A and all of Lot B, Subdivision of Lot 4, Section 10, Township 129 North, Range 39 West, according to the recorded plat thereof on file and of record in the office of the Douglas County Recorder, and that part of Government Lot 4, Section 10, Township 129 North, Range 39 West, Douglas County, Minnesota, all being described as follows:

Commencing at the North quarter corner of said Section 10; thence South 00 degrees 33 minutes 48 seconds West, assumed bearing, along the East line of the Northwest Quarter of said Section 10 and along the East line of said Government Lot 4 and along the East line of said Lot A and Lot B, a distance of 4238.45 feet; thence South 88 degrees 06 minutes 46 seconds West 100.12 feet to the point of beginning of the land to be described; thence reversing North 88 degrees 06 minutes 46 seconds East 100.12 feet to said East line of Government Lot 4 and said East line of Lot A; thence North 00 degrees 33 minutes 48 seconds East, along said East line of Government Lot 4 and said East line of Lot A and Lot B, a distance of 316.37 feet to the North line of said Lot B; thence North 89 degrees 20 minutes 30 seconds West, along said North line, 1311.55 feet to the West line of said Lot B; thence South 00 degrees 43 minutes 04 seconds West, along said West line, 238 feet more or less to the shore line of Devils Lake; thence Southeasterly, along said shore line, 1351 feet more or less to a line bearing South 00 degrees 33 minutes 48 seconds West from said point of beginning; thence North 00 degrees 33 minutes 48 seconds East, along said line, 396 feet more or less to said point of beginning. The tract contains 14.56 acres, more or less.

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas County

PROPERTY ADDRESS: XXX Devils Lake Road NW, Brandon, MN 56315

TAX PARCEL ID NO’s: 09-0163-000, 09-0163-005, 09-0163-010, 09-0163-015, 09-0163-020, 09-0163-025, 09-0163-030, 09-0163-035, 09-0163-040, 09-0163-050, 09-0163-055, 09-0163-060, 09-0163-095, 09-0163-100, 09-0163-105, 09-0163-110, 09-0163-115, 09-0163-125, 09-0163-140, 09-0163-145, 09-0163-150, 09-0163-155, 09-0163-160, 09-0163-175, 09-0163-180

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $244,645.66.

THAT all pre-foreclosure requirements have been complied with; 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: April 25, 2013 – 10:00 a.m.

PLACE OF SALE: Douglas County Sheriff’s Office, 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) the 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 is 11:59 p.m. on April 25, 2014.

*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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: February 27, 2013.

BlackRidgeBANK, Mortgagee

McNAIR, LARSON & CARLSON, LTD.

BY: /s/ Michael D. McNair

Michael D. McNair, ID #71304

Attorneys for Mortgagee

500 Second Avenue North, Suite 400

Fargo, ND 58108-2189

(701) 293-9190

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

1655913

Tags: legals