NOTICE OF TERMINATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
- Default has occurred in the Contract for Deed (“Contract”) dated February 28, 2019 and recorded on March 19, 2019, as Document Number 869589, and later assigned by the Seller to the RAYMOND H. BENTFIELD REVOCABLE TRUST dated February 28, 2019 and recorded on March 28, 2019, as Document Number 869937, in the Office of the County Recorder of Sherburne County, Minnesota, in which Raymond H. Bentfield, as Seller, sold to Matthew P. Thomazin., as Purchaser, the real property in Sherburne County, Minnesota, described as follows:
See Attached Exhibit A
- The default is as follows: Failure to pay the monthly payment of $600 due on January 1, 2021 through August 31, 2021 for a total of $4,800. Failure to insure the property for the period for a total owed of $1,267.52 the trustee has had to pay for insurance. The total amount owed is $6067.52.
- The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.
- 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 60 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; 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, $[…] (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.
- 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: William P. Moriarty
Attorney for Seller
Mailing Address:
Moriarty Law
14796 259th Ave. NW
Zimmerman, MN 55398
Telephone: 763-221-3967
This person is authorized to receive the payments from you under this notice.
EXHIBIT A
LEGAL DESCRIPTION
That Part of the Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) of Section Twenty-three (23), Township Thirty-three (33), Range Twenty-seven (27), described as follows:
Beginning at a point on the West line thereof that is 875 feet North of the Southwest corner thereof; thence East at right angles 157 feet; thence North parallel to said West line 170 feet; thence West at right angles 157 feet to the aforesaid West line; thence South along said West line to the point of beginning;
Together with an easement for purposes of maintaining a septic tank and private sewage disposal system upon the North 10 feet of the South 1,055 feet of the East 120 feet of the Westerly 157 feet of the Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) of Section Twenty-three (23).
All subject, however, to an easement for roadway purposes over and across the West one Rod. Sherburne County, Minnesota.
(Published in the Patriot: 09/04/21; 09/11/21; 09/18/21).
