1228022 Foreclosure - Hendershot

Foreclosure Sale

Publish April 1, 8, 15, 22, 29, May 6, 2011

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: 07/11/2005

MORTGAGOR(S): Terry R Hendershot and Nancy L Hendershot, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for America’s Wholesale Lender

SERVICER: Bank of America, N.A.

MORTGAGE ID #: 1000157-0005287720-2

DATE AND PLACE OF RECORDING: Recorded July 18, 2005, Douglas County Recorder, Document No. 272790.

ASSIGNMENTS OF MORTGAGE: Assigned to: BAC Home Loans Servicing LP Dated: July 30, 2009, Recorded August 05, 2009, Douglas County Recorder, Document No. 319937.

LEGAL DESCRIPTION OF PROPERTY: The South 45 acres of the NW 1/4 of Section 12, Township 130, Range 36, DOUGLAS COUNTY, MINNESOTA;

AND That part of the NW 1/4 SW 1/4 of Section 12, Township 130, Range 36, DOUGLAS COUNTY, MINNESOTA, described as follows: Beginning 2 rods east from the northwest corner of the NW 1/4 SW 1/4, Section 12, Township 130 North, Range 36 West, running east 10 1/2 rods; thence south 9 1/2 rods; thence west 10 1/2 rods; thence north 9 1/2 rods to the place of beginning, containing 94 1/2 square rods

EXCEPTING THEREFROM: That part of the Northwest Quarter of the Southwest Quarter and that part of the Southwest Quarter of the Northwest Quarter all being within Section 12, Township 130 North, Range 36 West, Douglas County, Minnesota, described as follows: Commencing at the west quarter corner of said Section 12; thence North 88 degrees 29 minutes 37 seconds East, assumed bearing along the north line of said Northwest Quarter of the Southwest Quarter, 206.25 feet to the point of beginning of the land to be described; thence South 01 degrees 30 minutes 23 seconds East 156.75 feet; thence South 88 degrees 29 minutes 37 seconds West 173.25 feet; thence North 01 degrees 30 minutes 23 seconds West 156.75 feet to the south line of aforesaid Southwest Quarter of the Northwest Quarter; thence South 88 degrees 29 minutes 37 seconds West, along said south line, 33.00 feet to aforesaid west quarter corner of Section 12;

thence North 00 degrees 21 minutes 26 seconds West, along the West line of said Southwest Quarter of the Northwest Quarter, a distance of 396.90 feet; thence North 88 degrees 29 minutes 37 seconds East 206.25 feet; thence South 00 degrees 21 minutes 26 seconds East 396.90 feet to the point of beginning.

The tract contains 2.50 acres more or less subject to an existing public roadway easement over that part of the above described 2.50 acre tract lying within the West 33.00 feet of said Section 12.

TAX PARCEL NO.: 57-0071-725

ADDRESS OF PROPERTY:

18721 County Road 18 NE

Eagle Bend, MN 56446

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $248,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $259,546.78

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: Friday, May 27, 2011, 10:00 a.m.

PLACE OF SALE: Lobby of the Douglas County Law Enforcement Center, City of Alexandria

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 1 year from the date of said sale by the mortgagor(s), their personal representatives or assigns.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 05/27/2012 at 11:59 p.m. 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.

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: March 24, 2011

BAC Home Loans Servicing LP

Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

BAC Home Loans Servicing LP

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 291-8955

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16751-106190

1228022

Tags: legals, foreclosures