NOTICE OF VOLUNTARY 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:
1. Default has occurred in conditions of the Mortgage dated November 20, 2006, executed by Neil M. Miller and Elizabeth Miller, husband and wife, (AMortgagors@) in favor of Lake Elmo Bank, a Minnesota Banking Corporation, (AMortgagee@), and recorded in the office of the Washington County Recorder on November 21, 2006 as document number 3617045; the same was modified on June 19, 2008, and was recorded on June 30, 2008 in the office of the Washington County Recorder as document number 3698530; the same was modified on November 1, 2010, and was recorded on December 13, 2010 as document number 3821666 (collectively AMortgage@). The land described in the Mortgage is not registered land.
2. The land encumbered by the Mortgage does not consist of a one to four family resident dwelling. Minn. Stat. 580.025 relating to Foreclosure Data is not applicable in this voluntary mortgage foreclosure sale.
3. The original principal amount secured by the Mortgage was $70,000.00.
4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.
5. 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.
6. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is Seventy Eight Thousand Five Hundred and 44/100 Dollars ($78,500.44).
7. Pursuant to Minn. Stat. 582.32, the power of sale in the Mortgage, and the Agreement for Voluntary Foreclosure, dated September 9, 2013, and recorded on September 13, 2013 as Document No. 3964221 in the office of the Washington County Recorder (AAgreement@), the Mortgage will be foreclosed, and the land located in Washington County, Minnesota, described as follows:
Lots 132, 133, 134, 135, 136, 137, 138, 139, 140; 159, 160, 161, 162, 163, 164, 165, 166, and 167, Lanes DeMontreville Country Club, according to the recorded plat thereof on file in the office of the Register of Deeds in and for said county
Property Address: xxxx 50th Street, Lake Elmo, MN 55042
Tax Parcel ID No.: 05-029-21-44-0047
will be sold by the County Sheriff of Washington County, Minnesota, at public auction on October 24, 2013, at 10:00 a.m. at the Washington County Sheriff=s Office, Washington County LEC, 15015 62nd Street North, in the City of Stillwater, State of Minnesota.
8. Mortgagors released from financial obligation on the Mortgage: None.
9. The time allowed by law for redemption by Mortgagor or Mortgagors personal representatives or assigned is two months after the date of sale, except that if the real estate is subject to a federal tax lien under which the United States is entitled to a 120-day redemption period under Section 7425(d)(1) of the Internal Revenue Code, as amended, the Mortgagors redemption period is 120 days from the date of sale. Each holder of a junior lien may redeem in the order and manner provided in Minn. Stat. 582.32, Subd. 9, beginning after the expiration of the Mortgagors redemption period under this section.
Dated: September 19, 2013
Lake Elmo Bank, Mortgagee
LAWSON, MARSHALL, McDONALD & GALOWITZ, P.A.
By /s/ Susannah Torseth
Susannah Torseth (391449)
Attorneys for Mortgagee
10390 39th Street North
Lake Elmo, Minnesota 55042
Telephone: (651) 777-6960
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
09/25/13 Miller Foreclosure