Public Notices 05/09/2013

Foreclosure Notice
(Official Publication)
NOTICE OF MORTGAGE FORECLOSURE SALE

Date: April 11, 2013

1. A default has occurred in the conditions of that certain mortgage executed by Donna P. Willard, a single person, as mortgagor, in favor of Anchor Bank, N.A., a national banking association, as mortgagee, dated June 29, 2010, and filed of record on July 20, 2010, as Document No. 1200208, in the Office of the Registrar of Titles in and for Washington County, Minnesota (“Mortgage”). The land described in the Mortgage is registered land.

2. The original principal amount secured by the Mortgage was: $120,500.00.

3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage or any part thereof.

4. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage and all notice and other requirements of applicable statutes.

5. As of the date of this notice, the amount due on the Mortgage is: $118,082.51.

6. Pursuant to the power of sale in the Mortgage, the Mortgage shall be foreclosed, and the land located at 7923 South 77th Bay Street, Cottage Grove, Minnesota 55016, Property Tax ID No. 08.027.21.41.0099, and legally described as follows:

Lot Seventeen (17), Block Three (3), Rolling Hills 6th Addition, Washington County, Minnesota (“Property”), shall be sold by the Sheriff of Washington County, Minnesota, at public auction on May 30, 2013 at 10:00 a.m., at the Washington County Sheriff’s Office: 15015 – 62nd Street North, Stillwater, Minnesota 55082.

7. The time allowed by law for redemption by mortgagor or mortgagor’s personal representatives or assigns is six (6) months after the date of sale.

8. The mortgagor must vacate the Property on or before 11:59 p.m. on December 3, 2013, if the Mortgage is not reinstated under Minn. Stat. § 580.30 or the Property is not redeemed under Minn. Stat. § 580.23.

9. 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 MINN. STAT. § 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.

10. The mortgagor released from financial obligation on the Mortgage is: None.

Anchor Bank, N.A.
(a national banking association)

By its attorneys:
________________________________
Joshua D. Christensen, (#332616)
Lindsay W. Cremona, (#393599)
Anastasi Jellum, P.A.
Attorneys for Mortgagee
14985 60th Street North
Stillwater, MN 55082
(651) 439-2951
16544-F2

(Apr. 11,18,25, May 2,9,16, 2013) Willard Foreclosure
Probate Notice
(Official Publication)
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Court File No.: 82-PR-13-2281

NOTICE OF AND ORDER FOR HEARING ON
PETITION FOR FORMAL ADJUDICATION OF
INTESTACY, DETERMINATION OF HEIRS, FORMAL
APPOINTMENT OF PERSONAL REPRESENTATIVE
AND NOTICE TO CREDITORS
In Re: Estate of
John McNelis
Decedent.

It is Ordered and Notice is given that on June 4, 2013 at 1:00 PM, a hearing will be held in this Court at the Washington County Government Center, 14949 62nd Street North, Stillwater, Minnesota, on a petition for the adjudication of intestacy and determination of decedent’s heirs, and for the appointment of Heart of the Lakes Fiduciary, LLC, whose address is Po Box 153, Bayport, Minnesota 55003, as personal representative of the decedent’s estate in an unsupervised administration.

Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets; to pay all legal debts, claims, taxes, and expenses; to sell real and personal property, and to do all necessary acts for the decedent’s estate.

Notice is further given that, subject to Minn. Stat. § 524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred.

BY THE COURT

Dated: May 2, 2013
E. H. Martin
Judge of District Court

Court Administrator

By Pamela Kreier
Deputy

Simonet Law Office
Edward W. Simonet (101217)
522 South Fourth Street
Stillwater, MN 55082
Phone: (651) 439-5875
Fax: (651) 439-5559
edsimonet@simonetlaw.com

(May 9 & 16, 2013) McNelis Probate
Foreclosure Notice
(Official Publication)
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 conditions of the following described mortgage:
DATE OF MORTGAGE: December 21, 2007
MORTGAGOR: Erik J. Johnson and Kim Johnson, Husband and wife.
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
DATE AND PLACE OF RECORDING: Filed January 30, 2008, Washington County Registrar of Titles, Document No. 1182603 on Certificate of Title No. 62667.
ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank National Association. Dated: December 18, 2012.
Said Mortgage being upon Registered Land.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100137510000327934
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Lakeland Mortgage Corporation
RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage, a division of U.S. Bank National Association
MORTGAGED PROPERTY ADDRESS: 2673 Geneva Avenue North, Oakdale, MN 55128
TAX PARCEL I.D. #: 1902921230083
LEGAL DESCRIPTION OF PROPERTY:
Tract B, Registered Land Survey No. 112, according to the plat thereof on file and of record in the office of the Registrar of Titles Washington County, Minnesota
COUNTY IN WHICH PROPERTY IS LOCATED: Washington
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $234,000.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $236,573.95
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: June 28, 2013 at 10:00 AM
PLACE OF SALE: Sheriff’s Office, Law Enforcement Center, 15015 62nd Street North, Stillwater, MN
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 six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
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 December 30, 2013, unless that date falls on a weekend  or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: May 1, 2013

U.S. Bank National Association
Mortgagee/Assignee of Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.
Attorneys for Mortgagee/Assignee of Mortgagee
4500 Park Glen Road #300
Minneapolis, MN 55416
(952) 925-6888
19 – 12-004744 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

(May 9,16,23,30, Jun. 6,13, 2013) Johnson Foreclosure
Public Notice
(Official Publication)
Notice
To the persons named below and to all others it may concern:
each of you has not paid the amount due pursuant to your Rental Agreement by the date you were notified. Your property will be sold UNLESS you contact our office listed below to arrange payment of same.

ACTION RENTAL MINI STORAGE
14575 61ST STREET CT. NORTH
STILLWATER,MN 55082
651-439-6592

UNIT #53   NAME OF TENANT:   WILLARD CUMMINGS

Action Rental 14575 61st St Ct N Stillwater, MN 55082 651-439-6592 actionrentalmn.com

(May 9 & 16, 2013) Cummings Notice

Public Notice
(Official Publication)
(Top 3 inches reserved for recording data)
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1.  Default has occurred in the Contract for Deed (“Contract”) dated November 26, 2004 and recorded on 11/29/2004 , as Document Number 3481411, in the Office of the County Recorder Registrar of Titles of Washington County, Minnesota, as amended by the Amendment to Contract For deed dated November 17, 2009 recorded of record as Document No.3782914 in the Office of the County Recorder Washington County Minnesota, in which Edward A. Mantyla and Diane K. Mantyla, husband and wife, as Seller, sold to Douglas Luchsinger and Shannon Luchsinger, husband and wife, as purchasers, the real property in Washington County, Minnesota, described as follows:
Reference: PID# 26.029.20.43.0013
Legal-See attached Exhibit A
Check here if all or part of the described real property is Registered (Torrens)
2.  The default is as follows:
(a) Non-payment of 2012 Real Estate Taxes in the amount of $1986.00
(b) Non-payment of 2011 Real Estate taxes in the amount of $40.00
(c) Non-payment of March 2013 installment payment in the amount of $937.44
3.  For contracts executed post 7/31/85, the purchase price was Two Hundred and Ten Thousand Dollars ($ 210,000.00) and the amount of the purchase price paid by the purchaser is Sixty Seven Thousand Seven Hundred and Fifty Six Dollars and 38/00’s Dollars ($$67,756.38), which is 32.26% of the purchase price, as calculated in the manner required by Minn. Stat. 559.21, subd. 1e1.
1 Payoff as of February 7, 2013 is $142,243.62 on the remaining principal balance
4.  The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.
5.  
THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE. THE CONTRACT WILL TERMINATE
90 DAYS AFTER
SERVICE OF THIS NOTICE UPON YOU
UNLESS BEFORE THEN:
(a.) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:
(1.) THE AMOUNT THIS NOTICE SAYS YOU OWE:
a. 2012 Real Estate Taxes penalty and interest in the amount of $1,986.00
b. 2011 Real Estate taxes penalty and Interest in the amount of $40.00
c. Penalties and Interest for non/delayed-payment of 2011 and 2012 real estate taxes due to the date of payment
d. March 2013 installment payment due in the amount of $937.44; PLUS
(2.) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS
(3.) $500.00 TO APPLY TO ATTORNEYS’ FEES ACTUALLY EXPENDED OR INCURRED; PLUS
(4.) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS
(5.) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $59.26 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR
(b.) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.
6.  The name, mailing address, street address or location and telephone number of the seller or of an attorney authorized by the seller to accept payments pursuant to this notice is:
Name: Mark J. Vierling
(check the applicable box) Seller X Attorney for Seller
Mailing Address: 1809 Northwestern Ave., Stillwater, Minnesota 55082
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:
1809 Northwestern Ave., Stillwater, Minnesota 55082
Telephone: [651-439-2878] This person is authorized to receive the payments from you under this notice.
/s/ Mark J. Vierling
Mark J. Vierling (#112823)
Eckberg, Lammers, Briggs, Wolff & Vierling PLLP
Attorneys for Edward. A. Mantyla and Diane K. Mantyla
1809 Northwestern Ave.
Stillwater Minnesota 55082
(651) 439-2878
EXHIBIT A
LEGAL DESCRIPTION
PDF FILE_Luchsinger Exhibit A
(May 9,16,23, 2013) Luchsinger Cancellation of CFD

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