1377937 Foreclosure - Heyer

Foreclosure Sale

Publish January 6, 13, 20, 27, February 3, 10, 2012

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: November 16, 2005

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $160,000.00

MORTGAGOR(S): Joshua C. Heyer and Joleen Heyer, Husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100039210450124258

LENDER: First Magnus Financial Corporation

SERVICER: Bank of America, N.A.

DATE AND PLACE OF FILING: Filed November 22, 2005, Douglas County Recorder, as Document Number A 277525

ASSIGNMENTS OF MORTGAGE: Assigned to: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP; Dated: October 24, 2011 filed: October 28, 2011, recorded as document number 341573

LEGAL DESCRIPTION OF PROPERTY:

That part of the Northeast Quarter of the Southwest Quarter, Section 29, Township 128 North, Range 37 West, Douglas County, Minnesota, described as follows:

Commencing at the Southwest corner of said Northeast Quarter of the Southwest Quarter;

thence on a record bearing of North 89 degrees 16 minutes 18 seconds East along the South line of said Northeast Quarter of the Southwest Quarter 330.00 feet to the point of beginning of the land to be described;

thence North 00 degrees 04 minutes 45 seconds West 208.71 feet;

thence North 89 degrees 16 minutes 18 seconds East 452.36 feet;

thence South 34 degrees 11 minutes 47 seconds east 250.18 feet to the South line of said Northeast Quarter of the Southwest Quarter;

thence South 89 degrees 16 minutes 18 seconds West 592.69 feet to the point of beginning.

Containing 2.50 acres more or less.

Subject to County Highway Easement lying South and East of the following described line:

Commencing at the Southwest corner of said Northeast Quarter of the Southwest Quarter;

thence on a record bearing of North 89 degrees 16 minutes 18 seconds East along the South line of said Northeast Quarter of the Southwest Quarter a distance of 330.0 feet;

thence North 00 degrees 04 minutes 45 seconds West 31.85 feet to the point of beginning of the line to be described;

thence South 89 degrees 11 minutes 12 seconds East 168.71 feet;

thence Southeasterly along a tangential curve concave to the Southwest, central angle 12 degrees 45 minutes 53 seconds, radius 868.51 feet, arc distance 193.49 feet;

thence North 50 degrees 02 minutes 47 seconds East 81.47 feet;

thence Northwesterly along a non-tangential curve concave to the West, central angle 05 degrees 31 minutes 43 seconds, radius 245.70 feet, arc distance 23.71 feet, the chord of said curve bears North 15 degrees 20 minutes 22 seconds West 23.70 feet;

thence North 18 degrees 06 minutes 14 seconds West 129.22 feet to the North line of aforesaid described 2.50 acre parcel and there terminating.

PROPERTY ADDRESS: 1011 Edgewood Road Se, Alexandria, MN 56308

PROPERTY IDENTIFICATION NUMBER: 63-7520-000

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $151,500.27

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: February 7, 2012, 10:00am

PLACE OF SALE: Sheriff's Main Office, 216 7th St. W, Alexandria, MN 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 6 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 August 17, 2012.

"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: December 28, 2011

BANK OF AMERICA, N.A.,

SUCCESSOR BY MERGER TO

BAC HOME LOANS SERVICING, LP

FKA COUNTRYWIDE HOME LOANS

SERVICING LP

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

BY

Lawrence P. Zielke – 152559

Diane F. Mach – 273788

Melissa L. B. Porter – 0337778

Randolph W. Dawdy 2160X

Ronald W. Spencer – 0104061

Stephanie O. Nelson – 0388918

Attorneys for Mortgagee

12550 West Frontage Road,

Ste. 200

Burnsville, MN 55337

(952) 831-4060

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.

1377937

Tags: legals