NOTICE OF ASSESSMENT
LIEN FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that default has been made in the terms and conditions of the Declaration of Trout Brook Condominium Association, Inc. (henceforth the “Declaration”) recorded in the office of the Recorder for Sherburne County, Minnesota on February 11, 2000, as Document No. 407905, and as amended, which covers the following property:
Unit No. 48, Trout Brook Condominium, CIC No. 12, Sherburne County, Minnesota
WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of January 23, 2017, from Jodi L.A. Hartwig, title holder, to Trout Brook Condominium Association, Inc., a Minnesota non-profit corporation, the principal amount of Three Thousand, Five Hundred Twenty-seven and 47/100ths Dollars ($3,527.47) for assessments, late fees and related charges, plus assessments, collection costs, attorneys’ fees and other amounts will be incurred since said date, including costs of collection and foreclosure;
WHEREAS, no action is now pending at law or otherwise to recover said debt or any part thereof;
WHEREAS, the owner has not been released from the financial obligation to pay said amount;
WHEREAS, pursuant to the Declaration and Minn. Stat. §515B.3-116(h), said debt created a lien upon said premises in favor of Trout Brook Condominium Association, Inc. as evidenced by the lien statement recorded on May 10, 2016, in the office of the Sherburne County Recorder as Document No. 819921;
WHEREAS, pursuant to the power of sale granted by the owner(s) in taking title to the premises subject to said Declaration, said lien will be foreclosed by the sale of said property by the sheriff of said county at the Sherburne County Sheriff’s Department, 13880 Business Center Drive, Elk River, MN, on March 22, 2017, at 10:00 o’clock a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorneys’ fees as allowed by law. The time allowed by law for redemption by the unit owners, their personal representatives or assigns is six (6) months from the date of said sale.
The following information is provided pursuant to Minnesota Statutes Sections 580.025 and 580.04:
(1) Street Address of Property: 10860 181st Lane NW, Elk River, MN 55330
(2) Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A
(3) Tax Parcel Identification Number of the Property: 75-655-0048
(4) Transaction Agent’s Mortgage Identification Number, if known: N/A
(5) Name of Mortgage Originator, if stated on mortgage: N/A
(6) Date on which Occupant must vacate Property, if mortgage is not reinstated under Section 580.30 or property redeemed under 580.23: 11:59 p.m. on September 22, 2017. 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.
REDEMPTION NOTICE
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 FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: January 23, 2017
Lienor:
Trout Brook Condominium
Association, Inc.
By:/s/ Jennifer C. Toohey
Jennifer C. Toohey
Its: Attorney in Fact
TOOHEY LAW FIRM, P.A.
By: /s/ Jennifer C. Toohey
Jennifer C. Toohey,
I.D. #3343742
Attorneys for Lienor
11108 Zealand Avenue North,
Suite 203
Champlin, MN 55316
(763) 746-0845
THIS INSTRUMENT WAS
DRAFTED BY:
TOOHEY LAW FIRM, P.A.
11108 Zealand Avenue North,
Suite 203
Champlin, MN 55316
(763) 746-0845
File No. 115013.005
(Published in the Sherburne County Citizen: 01/28/17; 02/04/17; 02/11/17; 02/18/17; 02/25/17; 03/04/17.)
NOTICE OF ASSESSMENT
LIEN FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that default has been made in the terms and conditions of the Declaration of Trout Brook Condominium Association, Inc. (henceforth the “Declaration”) recorded in the office of the Recorder for Sherburne County, Minnesota on February 11, 2000, as Document No. 407905, and as amended, which covers the following property:
Unit No. 102, Trout Brook Condominium, CIC No. 12, Sherburne County, Minnesota
WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of January 23, 2017, from Laura E. Barclay, a/k/a Laura E. Diaz, title holder, to Trout Brook Condominium Association, Inc., a Minnesota non-profit corporation, the principal amount of Three Thousand, One Hundred Eighty-seven and 44/100ths Dollars ($3,187.44) for assessments, late fees and related charges, plus assessments, collection costs, attorneys’ fees and other amounts will be incurred since said date, including costs of collection and foreclosure;
WHEREAS, no action is now pending at law or otherwise to recover said debt or any part thereof;
WHEREAS, the owner has not been released from the financial obligation to pay said amount;
WHEREAS, pursuant to the Declaration and Minn. Stat. §515B.3-116(h), said debt created a lien upon said premises in favor of Trout Brook Condominium Association, Inc. as evidenced by the lien statement recorded on December 28, 2016, in the office of the Sherburne County Recorder as Document No. 832267;
WHEREAS, pursuant to the power of sale granted by the owner(s) in taking title to the premises subject to said Declaration, said lien will be foreclosed by the sale of said property by the sheriff of said county at the Sherburne County Sheriff’s Department, 13880 Business Center Drive, Elk River, MN, on March 22, 2017, at 10:00 o’clock a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said assessments, together with the costs of foreclosure, including attorneys’ fees as allowed by law. The time allowed by law for redemption by the unit owners, their personal representatives or assigns is six (6) months from the date of said sale.
The following information is provided pursuant to Minnesota Statutes Sections 580.025 and 580.04:
(1) Street Address of Property: 10901 181st Lane NW, Elk River, MN 55330
(2) Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A
(3) Tax Parcel Identification Number of the Property: 75-655-0102
(4) Transaction Agent’s Mortgage Identification Number, if known: N/A
(5) Name of Mortgage Originator, if stated on mortgage: N/A
(6) Date on which Occupant must vacate Property, if mortgage is not reinstated under Section 580.30 or property redeemed under 580.23: 11:59 p.m. on September 22, 2017. 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.
REDEMPTION NOTICE
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 FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: January 23, 2017
Lienor:
Trout Brook Condominium
Association, Inc.
TOOHEY LAW FIRM, P.A.
By: /s/ Jennifer C. Toohey
Jennifer C. Toohey,
I.D. #0343742
Attorneys for Lienor
11108 Zealand Avenue North,
Suite 203
Champlin, MN 55316
(763) 746-0845
By: /s/ Jennifer C. Toohey
Jennifer C. Toohey
Its: Attorney in Fact
THIS INSTRUMENT WAS
DRAFTED BY:
TOOHEY LAW FIRM, P.A.
11108 Zealand Avenue North,
Suite 203
Champlin, MN 55316
(763) 746-0845
File No. 115013.015
(Published in the Sherburne County Citizen: 01/28/17; 02/04/17; 02/11/17; 02/18/17; 02/25/17; 03/04/17.)
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: September 18, 2009
MORTGAGOR: John T. Schnellman and Jana Schnellman, husband and wife.
MORTGAGEE: JPMorgan Chase Bank, National Association.
DATE AND PLACE OF RECORDING: Recorded November 13, 2009 Sherburne County Recorder, Document No. 703623.
ASSIGNMENTS OF MORTGAGE: NONE
TRANSACTION AGENT: NONE
TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: JPMorgan Chase Bank, National Association
RESIDENTIAL MORTGAGE SERVICER: JPMorgan Chase Bank, National Association
MORTGAGED PROPERTY ADDRESS: 13028 7th Avenue South, Zimmerman, MN 55398
TAX PARCEL I.D. #: 95-455-0228
LEGAL DESCRIPTION OF PROPERTY:
Lot 14, Block 2, Maefield Estates, Sherburne County, Minnesota.
COUNTY IN WHICH PROPERTY IS LOCATED: Sherburne
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $153,510.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $160,921.67
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: April 6, 2017 at 10:00 AM
PLACE OF SALE: Sherburne County Courthouse, 13880 Highway 10, Elk River, MN 55330 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 October 6, 2017, 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: January 30, 2017
JPMorgan Chase 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
30 - 16-008371 FC
THIS IS A
COMMUNICATION FROM
A DEBT COLLECTOR.
(Published in the Sherburne County Citizen: 02/11/17; 02/18/17; 02/25/17; 03/04/17; 03/11/17; 03/18/17.)
AMENDED SUMMONS
STATE OF MINNESOTA
COUNTY OF SHERBURNE
IN DISTRICT COURT
TENTH JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
– QUIET TITLE
CASE NO.: 71-CV-17-36
Kenneth Timm Properties, LLC,
a Minnesota Limited Liability
Company,
Plaintiff,
-v-
Larry Serflaten; Christine Geisler; Jedd Serflaten; George M. Stonehouse; Estate of Harvey L. McKeen; the unknown heirs of Harvey L. McKeen; Jesse B. Knox; Bell State Bank & Trust; also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
Defendants.
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Amended Complaint against you is attached to this Amended Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Amended Summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this document a written response called an Answer within 20 days of the date on which you received this Amended Summons. You must send a copy of your Answer to the person who signed this Amended Summons located at:
Robert J. Walter, Andrew J. Steil, and Amanda M. Sicoli
Gray, Plant, Mooty, Mooty & Bennett, P.A.
1010 West St. Germain
Suite 500
St. Cloud, MN 56301
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Amended Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiff should not be given everything asked for in the Amended Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS AMENDED SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Amended Complaint. If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Amended Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Amended Complaint even if you expect to use alternative means of resolving this dispute.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY. This action involves, affects, or brings into question real property situated in the County of Sherburne, legally described as:
TRACT 1:
PID-10-121-3100
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 33, RANGE 27, SHERBURNE COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 0 DEGREES 30 MINUTES 36 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 1468.78 FEET TO THE NORTH LINE OF TRUNK HIGHWAY NUMBER 10, ACCORDING TO MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, AS FILED IN THE COUNTY RECORDERS OFFICE, SHERBURNE COUNTY, MINNESOTA; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG THE NORTH LINE OF SAID MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, A DISTANCE OF 333.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED; THENCE CONTINUE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 440.49 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 66.00 FEET TO THE NORTH LINE OF A SERVICE DRIVE; THENCE SOUTH 89 DEGREES 36 MINUTES 33 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 300.62 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 27 SECONDS EAST, AT A RIGHT ANGLE WITH SAID NORTH LINE, A DISTANCE OF 234.00 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 300.00 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 871.19 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 33 MINUTES 06 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 440.49 FEET TO THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH SAID EAST LINE AND BEARS NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 30 MINUTES 36 SECONDS WEST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 1170.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO THE RIGHT OF WAY FOR A SERVICE DRIVE ALONG THE SOUTH 66 FEET THEREOF.
CONTAINING 10.23 ACRES MORE OR LESS.
ALSO:
TRACT 2:
PID-10-121-3120
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 33, RANGE 27, SHERBURNE COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 0 DEGREES 30 MINUTES 36 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 1468.78 FEET TO THE NORTH LINE OF TRUNK HIGHWAY NUMBER 10, ACCORDING TO MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, AS FILED IN THE COUNTY RECORDERS OFFICE, SHERBURNE COUNTY, MINNESOTA; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG THE NORTH LINE OF SAID MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, A DISTANCE OF 333.00 FEET; THENCE CONTINUE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 440.49 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 66.00 FEET TO THE NORTH LINE OF A SERVICE DRIVE AND BEING THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED; THENCE SOUTH 89 DEGREES 36 MINUTES 33 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 300.62 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 27 SECONDS EAST, AT A RIGHT ANGLE WITH SAID NORTH LINE, A DISTANCE OF 234.00 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 300.00 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES 36 SECONDS WEST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 234.00 FEET TO THE POINT OF BEGINNING.
AND ALSO:
THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 33, RANGE 27, SHERBURNE COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 0 DEGREES 30 MINUTES 36 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 1468.78 FEET TO THE NORTH LINE OF TRUNK HIGHWAY NUMBER 10, ACCORDING TO MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, AS FILED IN THE COUNTY RECORDERS OFFICE, SHERBURNE COUNTY, MINNESOTA; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG THE NORTH LINE OF SAID MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 71-18, A DISTANCE OF 333.00 FEET; THENCE CONTINUE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 440.49 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 66.00 FEET TO THE NORTH LINE OF A SERVICE DRIVE; THENCE SOUTH 89 DEGREES 36 MINUTES 33 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 300.62 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 27 SECONDS EAST, AT A RIGHT ANGLE WITH SAID NORTH LINE, A DISTANCE OF 234.00 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL BEING DESCRIBED; THENCE CONTINUE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 199.51 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 66.00 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 33 SECONDS WEST, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 100.49 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 805.49 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 33 MINUTES 06 SECONDS EAST, ALONG SAID NORTH LINE, TO THE INTERSECTION WITH A LINE WHICH BEARS NORTH 00 DEGREES 30 MINUTES 36 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 30 MINUTES 36 SECONDS WEST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF 871.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 7.46 ACRES MORE OR LESS.
The purpose of this action is to obtain an order declaring that Kenneth Timm Properties, LLC, a Minnesota limited liability company, is the fee simple owner of the real property referenced above and that none of the Defendants, or anyone claiming through them, has any right, title, estate, interest or lien in or upon the above described land.
557.03 NOTICE OF NO
PERSONAL CLAIM
Pursuant to Minn. Stat. § 557.03 you are hereby served with notice that no personal claim is made against you, and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the Plaintiff.
Civil cases are subject to Alternative Dispute Resolution (ADR) processes as provided in Rule 114 of the Minnesota General Rules of Practice for District Courts. ADR includes mediation, arbitration, and other processes as set forth in the rules. You may contact the Court Administrator for more information about these processes and about resources available in your area.
Dated this 11th day of January, 2017.
GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
By /s/ Amanda M. Sicoli
Robert J. Walter (# 114248)
Andrew J. Steil (#387048)
Amanda M. Sicoli (#397685)
1010 West St. Germain Street,
Suite 500
St. Cloud, MN 56301
Office: (320) 252-4414
Fax: (320) 257-5741
Acknowledgment Required by M.S.A. §549.211
Acknowledgment is hereby made that I have read the foregoing document and, to the best of my knowledge and information, said document complies with the Minnesota Rules of Civil Procedure and I acknowledge that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to M.S.A. §549.211, Subd. 2 to the party against whom the allegations in this pleading are asserted.
Dated: January 11, 2017
GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A.
By /s/ Amanda M. Sicoli
Robert J. Walter (# 114248)
Andrew J. Steil (#387048)
Amanda M. Sicoli (#397685)
1010 West St. Germain Street,
Suite 500
St. Cloud, MN 56301
Office: (320) 252-4414
Fax: (320) 257-5741
(Published in the Sherburne County Citizen: 02/11/17; 02/18/17; 02/25/17.)
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:
MORTGAGOR(S): Troy R. Aurentz and Karen A. Aurentz, husband and wife
MORTGAGEE: Washington Mutual Bank, FA, a Federal Savings Bank
ASSIGNMENTS OF MORTGAGE: Assigned to: Wells Fargo Bank, N.A. by assignment recorded on March 8, 2007 as Document Number 644730 in the Office of the County Recorder of Sherburne County, Minnesota.
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $98,000.00
DATE OF MORTGAGE: May 20, 2005
DATE AND PLACE OF FILING: Recorded on June 10, 2005 as Document Number 589224 in the Office of the County Recorder of Sherburne County, Minnesota.
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $88,473.69
LEGAL DESCRIPTION OF PROPERTY: The South 300.00 feet of the West 508.18 feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 35, Range 28, Sherburne County, Minnesota
STREET ADDRESS OF PROPERTY: 6347 185TH AVE SE, BECKER, MN 55308-8741
COUNTY IN WHICH PROPERTY IS LOCATED: Sherburne County, Minnesota
TRANSACTION AGENT: None
NAME OF MORTGAGE ORIGINATOR: Washington Mutual Bank, FA, a Federal Savings Bank
RESIDENTIAL SERVICER: Wells Fargo Bank, N.A.
TAX PARCEL IDENTIFICATION NUMBER: 45-036-3202
TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER: None
THAT no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
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 13, 2017 at 10:00 AM
PLACE OF SALE: Sherburne County Sheriff’s Office, 13880 Highway 10, Elk River, 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.
TIME AND DATE TO VACATE PROPERTY: 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 13, 2017.
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.
MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None
Dated: February 14, 2017
WELLS FARGO BANK,
N.A.
Mortgagee
THE ACADEMY LAW GROUP, P.A.
By: /s/
Rebecca F. Schiller, Esq.
N. Kibongni Fondungallah, Esq.
*Curt N. Trisko, Esq.*
Samuel R. Coleman, Esq.
Attorneys for Mortgagee
The Academy Professional
Building
25 North Dale Street
St. Paul, MN 55102
(651) 209-9760
(16-0874-FC01)
THIS IS A
COMMUNICATION FROM
A DEBT COLLECTOR.
(Published in the Sherburne County Citizen: 02/18/17; 02/25/17; 03/04/17; 03/11/17; 03/18/17; 03/25/17.)
NOTICE OF MORTGAGE
FORECLOSURE SALE
THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTIFICATION OF THE ORIGINAL CREDITOR WITHIN THE TIME PERIOD PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the Mortgage dated September 14, 2004 executed by David C. Schouveller, as mortgagor, to American Equity Mortgage, Inc. as mortgagee, recorded in the office of the County Recorder of Sherburne County, Minnesota, on September 30, 2004 as Document Number 565044, which was subsequently assigned to New Century Mortgage Corporation by an assignment of mortgage that was recorded on February 7, 2005 as Document Number 577347 which was then subsequently assigned to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2004-4 by an assignment of mortgage that was recorded on September 19, 2016 as Document Number 826731 which mortgage conveyed and mortgaged the following described property situated in the county of Sherburne and State of Minnesota, which property has a street address of 16327 232nd Ave NW, Big Lake, MN 55309, and Tax Identification Number 35-423-0210: Lot 2, Block 2, Sherburne Woods Second Addition, according to the recorded plat thereof, and situate in Sherburne County, Minnesota.
That the original principal amount secured by said mortgage was $242,250.00; that there has been compliance with any condition precedent to acceleration of the debt secured by said mortgage and foreclosure of said mortgage required by said mortgage, any note secured thereby, or any statute; that no action or proceeding has been instituted at law to recover the debt remaining secured by said mortgage, or any part thereof, that there is claimed to be due upon said mortgage and is due thereon at the date of this notice, the sum of $210,080.94.
That by virtue of the power of sale contained in said mortgage, the said mortgage will be foreclosed by the sale of the above described premises with appurtenances, which said sale will be made by the Sheriff of Sherburne County, Minnesota, at the Sheriff’s main office at 13880 Business Center Drive N.W. Elk River, MN 55330, on December 14, 2016 at 10:00 o’clock a.m., at public auction to the highest bidder, to pay the amount then due on said mortgage, together with the costs of foreclosure, including attorney’s fees as allowed by law, in accordance with the provisions of said mortgage. The time allowed by law for redemption by the mortgagors, their personal representatives, or assigns is six (6) months from the date of said sale.
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.
If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the property by 11:59 p.m. on June 14, 2017, unless the foreclosure is postponed pursuant to Minn. Stat. §580.07, or the redemption period is reduced to five (5) weeks under Minn. Stat. §582.032.
NOTICE OF
RE-SCHEDULING OF
MORTGAGE
FORECLOSURE SALE
Pursuant to the provisions of Minn. Stat. §580.07, the foregoing foreclosure sale is re-scheduled for March 1, 2017 at 10:00 o’clock a.m. at the Sherburne County Sheriff’s Office 13880 Business Center Drive N.W. Elk River, MN 55330.
If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the property by 11:59 p.m. on September 1, 2017, unless the foreclosure is postponed pursuant to Minn. Stat. §580.07, or the redemption period is reduced to five (5) weeks under Minn. Stat. §582.032.
Dated February 14, 2017.
Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2004-4 Mortgagee/Assignee of Mortgagee
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Nicholas P. Edwards
Shelton, Harrison & Pinson, PLLC
Attorney for Carrington Mortgage Services, LLC
701 Highlander Blvd.,
Suite 270
Arlington, TX 76015
P 817.522.7550
F 817.375.2006
(Published in the Sherburne County Citizen: 02/18/17.)
NOTICE OF MORTGAGE
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: July 2, 2007
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $45,000.00
MORTGAGOR: Bernhard J. Urban, Jr. and Eldred M. Urban
MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None
MORTGAGEE: KleinBank
DATE AND PLACE OF RECORDING: August 31, 2007, as Document No. 657946, in the office of the Sherburne County Recorder, and modified by the certain Modification of Mortgage, dated August 8, 2013, filed August 29, 2013, as Document No. 777345, in the office of the Sherburne County Recorder.
ASSIGNMENTS OF MORTGAGE: Dated October 12, 2016, recorded November 2, 2016, as Document No. 829261, in the office of the Sherburne County Recorder, assigned to Bernhard J. Urban III and Virginia M. Urban.
LEGAL DESCRIPTION OF PROPERTY:
Lots 1 and 2, Block 1, Fourth Shadywood Park, Sherburne County, Minnesota
COUNTY IN WHICH PROPERTY IS LOCATED: Sherburne County
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY ASSIGNEE: $43,597.09
THAT all pre-foreclosure requirements have been complied with; 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: April 12, 2017 at 10:00 a.m.
PLACE OF SALE: Sherburne County Sheriff’s Lobby, 13880 Business Center Drive NW, Elk River, MN 55330
to pay the debt 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 mortgagors, their personal representatives or assigns.
MORTGAGORS RELEASED FROM OBLIGATION: None
The following information is provided pursuant to Minnesota Statutes Sections 580.025 and 580.04:
(1) Street Address of Property: 390 Lake Avenue and 491 Highland Avenue, Big Lake, Minnesota
(2) Name of Transaction Agent, Residential Mortgage Servicer, Lender &/or Broker: N/A
(3) Tax Parcel Identification Number of the Property: 65-570-0105 and 65-570-0110
(4) Transaction Agent’s Mortgage Identification Number, if known: N/A
(5) Name of Mortgage Originator, if stated on mortgage: N/A
(6) Date on which Occupant must vacate Property, if mortgage is not reinstated under Section 580.30 or property redeemed under 580.23: 11:59 p.m. on October 12, 2017. 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.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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.
THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE (5) 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 (5) UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Bernhard J. Urban III and Virginia M. Urban
HELLMUTH & JOHNSON, PLLC
Dated: February 15, 2017
By: /s/ Joel A. Hilgendorf
Joel A. Hilgendorf, I.D. # 315953
Attorneys for Mortgagee
8050 West 78th Street
Edina, MN 55439
(952) 941-4005
File No.: 25255.0002
(Published in the Sherburne County Citizen: 02/18/17; 02/25/17; 03/04/17; 03/11/17; 03/18/17; 03/25/17.)