1524476 Foreclosure - Rosenstock

Foreclosure Sale

Publish August 10, 17, 24, 31, September 7, 14, 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: 08/16/2010

MORTGAGOR(S): Jeremy C. Rosenstock and Terri J. Rosenstock, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Bank of America, N.A.

SERVICER: Bank of America, N.A.

MORTGAGE ID #: 1000255-0000813531-9

DATE AND PLACE OF RECORDING: Recorded August 25, 2010, Douglas County Recorder, Document No. 330364.

ASSIGNMENTS OF MORTGAGE: Assigned to: Bank of America, National Association as successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP Dated: February 29, 2012, Recorded March 02, 2012, Douglas County Recorder, Document No. 344718.

LEGAL DESCRIPTION OF PROPERTY: That part of Lot B, Wagenius Subdivision of the Northwest Quarter of the Southeast Quarter, Douglas County, Minnesota, according to the recorded plat on file and of record in the Office of the County Recorder, Douglas County, Minnesota AND that part of Lot G, Subdivision of Lot 8; NW 1/4 SE 1/4 and the NE 1/4 SW 1/4, according to the recorded plat on file and of record in the office of the County Recorder, Douglas County, Minnesota, all of Section 2, Township 127 North, Range 39 West, described as follows: Commencing at the center of said Section 2; thence on an assumed bearing of South along the West line of said Southeast Quarter of Section 2, a distance of 727.63 feet to the point of beginning of the land to be described; thence East 36.48 feet; thence South 26 degrees 29 minutes 00 seconds East 280.52 feet; thence north 76 degrees 41 minutes 00 seconds East 1184.17 feet to the East line of said NW 1/4 SE 1/4; thence South 00 degrees 13 minutes 42 seconds West 657.68 feet to the Southeast corner of said NW 1/4 SE 1/4: Thence North 88 degrees 14 minutes 11 seconds West along the South line of said Northwest Quarter of the Southeast Quarter a distance of 1194.92 feet; thence North 00 degrees 15 minutes 31 seconds East 139.57 feet; thence North 88 degrees 31 minutes 27 seconds West 117.60 feet to the West line of said Southeast Quarter; thence North along said West line 208.56 feet; thence South 89 degrees 41 minutes 29 seconds East 45.83 feet; thence North 01 degrees 58 minutes 37 seconds East 137.41 feet; thence North 26 degrees 10 minutes 29 seconds West 58.91 feet; thence North 89 degrees 41 minutes 29 seconds West 24.59 feet to the West line of said Southeast Quarter; thence North along said West line a distance of 57.98 feet to the point of beginning. Containing 14.6 Acres more or less (7.2 acres of land and 7.4 acres of water) and Subject to an existing County road easement and MNDOT R/W Plat NO. 21-15 over and across a portion of the Westerly part thereof. EXCEPTING THEREFROM That certain 0.37 acre tract deeded to Trinity Evangelical Lutheran Church, by Quit Claim Deed recorded as Document NO. 148526. Abstract property

REGISTERED PROPERTY: No

TAX PARCEL NO.: 18-0055-000

ADDRESS OF PROPERTY:

6013 County Rd 4W SW

Holmes City, MN 56341

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $166,405.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $170,159.46

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, September 28, 2012, 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 6 months 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 03/28/2013 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: July 31, 2012

Bank of America,

National Association

Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

Bank of America, National Association

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 209-7599

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16751-121904

1524476

Tags: legals