NOTICE OF MORTGAGE FORECLOSURE SALE
Thursday, February 02, 2012 5:01 AM
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:
DATE OF MORTGAGE: April 30, 2004
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $54,400.00
MORTGAGOR(S): Richard L. Story, A Single Person
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
LENDER: Decision One Mortgage Company, LLC
SERVICER: Bank of America, N.A.
DATE AND PLACE OF FILING: Filed May 10, 2004, Fillmore County Recorder, as Document Number 339327
ASSIGNMENTS OF MORTGAGE: Assigned to: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2004-J5, Mortgage Pass-Through Certificates, Series 2004-J5; Dated: September 23, 2011 filed: September 30, 2011, recorded as document number 385523
LEGAL DESCRIPTION OF PROPERTY:
The South 100 Feet of Lot 5, Block 1, In J.B. Thayers Addition to the Villiage (Now City) of Spring Valley
PROPERTY ADDRESS: 526 Warren Avenue North, Spring Valley, MN 55975
PROPERTY IDENTIFICATION NUMBER: 36.0762.000
COUNTY IN WHICH PROPERTY IS LOCATED: Fillmore
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $51,304.46
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: March 15, 2012, 10:00am
PLACE OF SALE: Sheriff's Main Office, Main Lobby of Courthouse, Courthouse Square, Preston, MN 55965
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 6 months from the date of said sale by the mortgagor(s) the personal representatives or assigns.
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 September 17, 2012.
"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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: January 24, 2012
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2004-J5,MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-J5
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Melissa L. B. Porter - 0337778
Randolph W. Dawdy 2160X
Ronald W. Spencer - 0104061
Stephanie O. Nelson - 0388918
Attorneys for Mortgagee
12550 West Frontage Road, Ste. 200
Burnsville, MN 55337
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.
2/1, 2/8, 2/15, 2/22, 2/29, 3/7