NOTICE OF MORTGAGE FORECLOSURE SALE
Tuesday, June 24, 2014 3:49 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: December 22, 2000
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $105,000.00
MORTGAGOR(S): John Tostenson and Leslie Tostenson, husband and wife
MORTGAGEE: First Union National Bank of Delaware
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: First Union National Bank of Delaware
SERVICER: JPMorgan Chase Bank, N.A.
DATE AND PLACE OF FILING: Filed January 10, 2001, Fillmore County Recorder, as Document Number 313973
ASSIGNMENTS OF MORTGAGE: Assigned to: EMC Mortgage Corporation; Dated: September 7, 2001 filed: September 24, 2004, recorded as document number 342115; Thereafter assigned to JPMorgan Chase Bank as Trustee, FKA Bank One National Association as Trustee for Certificateholders of Bear Stearns Asset Backed Securities, Inc., Asset Backed Certificates, Series 2002-2 dated April 7, 2006, recorded May 11, 2006 as document number 352690. Thereafter corrected by Corrective Assignment of Mortgage to JP Morgan Chase Bank, N.A. as Trustee, FKA Bank One, National Association, as Trustee for Bear Stearns Asset Backed Securities Trust 2002-2, Asset Backed Certificates,Series 2002-2 dated April 1, 2014 and recorded April 10, 2014 as document number 398813.
LEGAL DESCRIPTION OF PROPERTY:
A Part of the Southwest Quarter of Section 9, Township 103 North, Range 8 West, Fillmore County, Minnesota, described as follows: Beginning at the Southwest Corner of the Southwest Quarter of said Section 9, thence North 01 degrees 36 minutes 58 seconds West (Note: all bearings are in relationship with the West line of said Southwest Quarter which is assumed) along the West line of said Southwest Quarter for a distance of 558.56 feet; thence North 88 degrees 35 minutes 52 seconds East for a distance of 1360.89 feet; thence South 05 degrees 41 minutes 51 seconds East for a distance of 560.14 feet to the South line of said Southwest Quarter; thence South 88 degrees 35 minutes 52 seconds West along said South line for a distance of 1400.76 feet to the point of beginning. Containing 17.71 acres more or less. Said parcel is subject to the right of way easements for the township roads running through the Southwesterly portion thereof, Fillmore County, Minnesota
PROPERTY ADDRESS: 25974 Cedar Rd, Peterson, MN 55962
PROPERTY IDENTIFICATION NUMBER: R04.0076.010
COUNTY IN WHICH PROPERTY IS LOCATED: Fillmore
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $175,148.31
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: August 14, 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 12 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 August 14, 2015, or the next business day if August 14, 2015 falls on a Saturday, Sunday or legal holiday.
Dated: June 17, 2014
The Bank of New York Mellon, FKA The Bank of New York, as successor Trustee to JP Morgan Chase Bank, N.A. as Trustee, FKA Bank One, National Association, as Trustee for Bear Stearns Asset Backed Securities Trust 2002-2, Asset Backed Certificates, Series 2002-2
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
BY Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Melissa L. B. Porter - 0337778
Randolph W. Dawdy - 2160X
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
6/25, 7/2, 7/9, 7/16, 7/23, 7/30