NOTICE OF MORTGAGE FORECLOSURE SALE
Tuesday, April 01, 2014 3:55 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: September 29, 2005
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $164,825.00
MORTGAGOR(S): R Wayne Fuller a/k/a Richard Wayne Fuller, and D Lynn Royet Fuller a/k/a Debra Lynn Royet Fuller a/k/a Debra Lynn Fuller, husband and wife
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Countrywide Home Loans, Inc.
SERVICER: Bank of America, N.A.
DATE AND PLACE OF FILING: Filed October 11, 2005, Fillmore County Recorder, as Document Number 349067
ASSIGNMENTS OF MORTGAGE: Assigned to: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-14
LEGAL DESCRIPTION OF PROPERTY:
That part of the NE 1/4 SW 1/4 of Section 19-103-9, Fillmore County, Minnesota, described as follows: Comm. at the Northeast corner of said NE 1/4 SW 1/4; thence South 89 degrees 17 minutes 33 seconds West (assumed bearing) along the North line of said NE 1/4 SW 1/4, 413.97 to the point of beginning of the tract of land to be herein described, thence South 12 degrees 59 minutes 19 seconds East 20.56 ft.; thence South 09 degrees 20 minutes 36 seconds East, 88.62 ft; thence South 00 degrees 56 minutes 49 seconds West, 269.73 ft. to the centerline of a Twp. Road (now designated as Zenith Street); thence North 42 degrees 02 minutes 42 seconds West along said centerline, 97.35 ft.; thence North 61 degrees 31 minutes 50 seconds West along said centerline, 500.14 ft.; thence North 69 degrees 17 minutes 53 seconds West along said centerline, 107.30 ft.; thence North 79 degrees 48 minutes 52 seconds West along said centerline, 112.34 ft. to said North line of said NE 1/4 SW 1/4; thence North 89 degrees 17 minutes 33 seconds East along said North line, 701.31 ft. to the point of beginning and containing 2.47 acres, more or less.
Subject to easement for a driveway across the E'ly. 16.5 ft. thereof.
Subject to easement for the Twp. Road across the S'ly. 33 ft. thereof.
Subject to any other easements of record.
EASEMENT DESCRIPTION - 33 foot wide driveway access. A 33 foot wide easement, for ingress and egress, over and across that part of the NE 1/4 SW 1/4 of Sec. 19-103-9, Fillmore County, MN, the centerline of said easement being described as follows: Comm. at the Northeast corner of said NE 1/4 SW 1/4; thence South 89 degrees 17 minutes 33 seconds West (assumed bearing) along the North line of said NE 1/4 SW 1/4, 413.97 ft. to the point of beginning of said easement centerline to be herein described; thence South 12 degrees 59 minutes 19 seconds East along said centerline, 20.56 ft.; thence South 09 degrees 20 minutes 36 seconds East along said centerline, 88.62 ft.; thence South 00 degrees 56 minutes 49 seconds West along said centerline, 269.73 ft. to the centerline of a Twp. Road and there terminating.
PROPERTY ADDRESS: 398 Zenith St., Lanesboro, MN 55949
PROPERTY IDENTIFICATION NUMBER: 19.0438.070
COUNTY IN WHICH PROPERTY IS LOCATED: Fillmore
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $302,781.56
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: May 22, 2014, 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 November 22, 2014, or the next business day if November 22, 2014 falls on a Saturday, Sunday or legal holiday.
"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: March 28, 2014
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2005-14
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
BY 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
Gary J. Evers - 0134764
Attorneys for Mortgagee
12550 West Frontage Road, Ste. 200
Burnsville, MN 55337
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
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