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1035808 Foreclosure - Johnson

Foreclosure Sale Publish February 5, 12, 19, 26, March 5, 12, 2010 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. NOT...

Foreclosure Sale

Publish February 5, 12, 19, 26, March 5, 12, 2010

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.

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NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: September 18, 2002

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $76,800.00

MORTGAGOR(S): Timothy O. Johnson and Michelle K. Johnson, husband and wife

MORTGAGEE: Wells Fargo Home Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc.

DATE AND PLACE OF FILING: Filed September 23, 2002, Douglas County Recorder; Document No. 229575

ASSIGNMENTS OF MORTGAGE: Assigned to: None

LEGAL DESCRIPTION OF PROPERTY:

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That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) and that part of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), all in Section Twenty-five (25), in Township One Hundred Twenty-nine (129) North, of Range Thirty-nine (39) West, Douglas County, Minnesota described as follows:

Commencing at the East Quarter corner of said Section 25; thence North 88 degrees 45 minutes 10 seconds West, along the North line of said NE 1/4 SE 1/4 and along the North line of said NW 1/4 SE 1/4, 1,744.59 feet to the point of the land to be described, thence South 04 degrees 09 minutes 03 seconds West 446.38 feet; thence South 85 degrees 31 minutes 09 seconds East 1,461.23 feet to a point on the centerline of an existing public roadway (Township Road), said point being on a 433.55 foot radius curve which the center of circle of said curve bears North 88 degrees 10 minutes 58 seconds East from said point; thence Southerly, along said centerline and said curve, central angle 03 degrees 51 minutes 05 seconds, 29.14 feet; thence North 85 degrees 39 minutes 04 seconds West, non tangent, 837.59 feet; thence North 85 degrees 25 minutes 58 seconds West 647.64 feet; thence North 04 degrees 12 minutes 18 seconds East 24.46 feet to the South line of the North 450.00 feet of the aforesaid NW 1/4 SE 1/4; thence North 88 degrees 45 minutes 10 seconds West, along said South line 843.56 feet to the West line of said NW 1/4 SE 1/4; thence North 01 degrees 16 minutes 58 seconds East, along said West line, 450.00 feet to the aforesaid North line of the NW 1/4 SE 1/4; thence South 88 degrees 45 minutes 10 seconds East, along said North line, 886.11 feet to the point of beginning.

AND

That part of the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), of Section Twenty-five (25), in Township One Hundred Twenty-nine (129) North, of Range Thirty-nine (39) West, Douglas County, Minnesota described as follows:

Commencing at the East Quarter corner of said Section 25; thence North 88 degrees 45 minutes 10 seconds West, along the North line of the Northeast Quarter of said Southeast Quarter and along the North line of said NW 1/4 SE 1/4, 1,744.59 feet; thence South 04 degrees 09 minutes 03 seconds West 450.58 feet to the South line of the North 450.00 feet of said NW 1/4 SE 1/4; thence North 88 degrees 45 minutes 10 seconds West, along said South line, 20.00 feet to the point of beginning of the land to be described; thence South 04 degrees 12 minutes 18 seconds West 24.46 feet; thence South 85 degrees 25 minutes 58 seconds East 60.75 feet; thence South 07 degrees 18 minutes 36 seconds West 129.69 feet; thence South 26 degrees 10 minutes 02 seconds West 68.59 feet; thence South 66 degrees 13 minutes 18 seconds West 74.02 feet; thence North 86 degrees 43 minutes 59 seconds West 169.80 feet; thence North 20 degrees 53 minutes 53 seconds West 122.67 feet; thence North 79 degrees 08 minutes 27 seconds West 109.54 feet; thence South 57 degrees 52 minutes 28 seconds West 63.64 feet; thence South 89 degrees 39 minutes 03 seconds West 48.12 feet; thence North 42 degrees 17 minutes 28 seconds West 120.76 feet; thence South 82 degrees 15 minutes 51 seconds West 288.52 feet to the West line of aforesaid NW 1/4 SE 1/4; thence North 01 degrees 16 minutes 58 seconds East, along said West line, 106.40 feet to the aforesaid South line of the North 450.00 feet of the NW 1/4 SE 1/4; thence South 88 degrees 45 minutes 10 seconds East, along said South line, 843.56 feet to the point of beginning.

STREET ADDRESS OF PROPERTY:

6004 Utopia Drive NW, Garfield, MN 56332

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas County, Minnesota

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THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $51,495.37

THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;

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 16, 2010 at 10:00 a.m.

PLACE OF SALE: Douglas County Sheriff's office, 216 Seventh Avenue West, Alexandria, Minnesota

to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.

Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on October 18, 2010.

"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: February 3, 2010

WELLS FARGO BANK, N.A.

Mortgagee

REITER & SCHILLER, P.A.

By: /s/

Rebecca F. Schiller, Esq.

Sarah J.B. Adam, Esq.

N. Kibongni Fondungallah, Esq.

James J. Pauly, Esq.

Leah K. Weaver, Esq.

Brian F. Kidwell, Esq.

Attorneys for Mortgagee

25 North Dale Street

St. Paul, MN 55102-2227

(651) 209-9760

(Y8663)

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

1035808

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