NOTICE OF MORTGAGE FORECLOSURE SALE
Wednesday, June 25, 2014 4:17 AM
Date: June 18, 2014
YOU ARE NOTIFIED THAT default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE FORECLOSED
1. The Mortgagors are Robert V. Carr and Angela H. Carr, husband and wife.
2. The Mortgagee is Eastwood Bank, a corporation organized and existing under the laws of Minnesota.
3. The Mortgage is dated March 16, 2010, and was recorded in the office of the County Recorder of Fillmore County, Minnesota, on March 23, 2010, as Document Number 377700, as amended by a Note and Mortgage Modification Agreement dated November 8, 2012, and recorded in the office of the County Recorder of Fillmore County, Minnesota, on November 13, 2012, as Document Number 391568, and by a Loan Modification Agreement dated May 1, 2013, and recorded in the office of the County Recorder of Fillmore County, Minnesota, on May 20, 2013, as Document Number 394566.
4. The Mortgage has not been assigned.
INFORMATION REGARDING MORTGAGED PREMISES
5. The tax parcel identification number of the mortgaged premises is 37.0092.020.
6. The legal description of the mortgaged premises is:
That part of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 16, Township 104 North, Range 13 West, Fillmore County Minnesota, lying Southerly and Westerly of the following described line:
Commencing at the Northwest Corner of said Northwest Quarter of the Northwest Quarter being an inplace cast iron monument; thence on an assumed bearing of South 322.39 feet along the West line of said Northwest Quarter of the Northwest Quarter to a half (1/2) inch inside diameter iron pipe with a plastic cap stamped RLS #21940 (IRON PIPE) and the point of beginning; thence South 87º59'46" East 503.25 feet to an IRON PIPE; thence South 27º06'47" West 558.43 feet to an IRON PIPE; thence South 01º48'03" West 502 feet more or less to the South line of said Northwest Quarter of the Northwest Quarter; and there terminating.
7. The physical street address, city, and zip code of the mortgaged premises is 31878 121st Avenue Southeast, Stewartville, Minnesota 55976.
OTHER FORECLOSURE DATA
8. The person holding the Mortgage is not a transaction agent as defined by the Minnesota Residential Mortgage Originator and Servicer Licensing Act. The name of the residential mortgage servicer and the lender or broker, as defined by this Act, is Eastwood Bank.
9. If stated on the Mortgage, the name of the mortgage originator, as defined by the Minnesota Residential Mortgage Originator and Servicer Licensing Act, is Eastwood Bank.
INFORMATION REGARDING FORECLOSURE
10. The requisites for foreclosure under the Minnesota Statutes on foreclosure by advertisement have been satisfied.
11. The original principal amount secured by the Mortgage was $253,500.00.
12. At the date of this Notice, the amount due on the Mortgage, including taxes (if any), paid by the holder of the Mortgage, is $249,231.79.
13. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the Sheriff of Fillmore County, Minnesota, will sell the mortgaged premises at public auction on August 14, 2014, at 10:00 a.m., at the Fillmore County Courthouse, Main Lobby, 101 Fillmore Street, in the City of Preston, Minnesota.
14. The time allowed by law for redemption by the Mortgagor or the personal representatives or assigns of the Mortgagor is six months after the date of sale.
15. If the real estate is an owner-occupied single-family dwelling, the time to vacate the property if the Mortgage is not reinstated under Minnesota Statutes, section 580.30, or if the property is not redeemed under Minnesota Statutes, section 580.23, is 11:59 p.m. on the 16th day of February 2015.
16. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGORS' 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.
17. If the sale is set aside for any reason, the purchaser at the sale shall be entitled to a return of the purchase price paid. The purchaser shall have no further recourse against the Mortgagors, the Mortgagee, or the attorneys for the Mortgagee.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
EASTWOOD BANK, Mortgagee
DUNLAP & SEEGER, P.A.
By /s/ Paul W. Bucher
Paul W. Bucher
Attorney Registration No. 123237
Attorneys for Mortgagee
206 South Broadway, Suite 505
Post Office Box 549
Rochester, Minnesota 55903-0549
Telephone: (507) 288-9111
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