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First Publication Date
Wednesday, August 2, 2006
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed ("Contract") dated July 1, 2005 and filed for record July 26, 2005, as Document Number 501254 (or in Book _____of ______ Page ____), in the Office of the (County Recorder) of Winona County, Minnesota, in which BLUE LUCK, LLC, a limited liability Company under the laws of the State of Minnesota as seller(s), sold to JUSTIN BRAND as purchaser(s), the real property in Winona County, Minnesota, described as follows:
Fractional Lot Twelve (12), Block Nineteen (19) Smith's Addition to the City of Winona, the same overlying a part of Out Lot 19 of Plumer's Addition to Winona, being located upon and forming a part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Twenty-six (26), Township One Hundred Seven (107), Range Seven (7), also Fractional Lot Twelve (12) Block Nineteen (19) Curtis Addition No. 3 to the City of Winona, located upon and forming a part of the Southwest Quarter (SW 1/4) of Northeast Quarter (NE 1/4) of Section Twenty-six (26), Township One Hundred Seven (107) North of Range Seven (7) West of the Fifth Principal Meridian, Winona County, Minnesota, EXCEPTING from the above described land the Southerly 70 feet thereof.
2. The default is as follows:
Principal and interest payments due as follows:
May 1, 2006 $1,210.72
June 1, 2006 $1,210.72
Total Due $2,421.44
3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was Not Applicable and the amount of the purchase price paid by purchaser is _________ which is ____% of the purchase price, as calculated in the manner required by Minnesota Statues ยง559.21, subd. le.
4. The conditions contained in Minnesota Statutes ยง559.209 have been complied with or are not applicable.
5. THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE. THE CONTRACT WILL TERMINATE 90 DAYS AFTER___(SERVICE OF THIS NOTICE UPON YOU) ? (THE FIRST DATE OF PUBLICATION OF THIS NOTICE) (CHECK ONE) UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS
(3) $500.00 TO APPLY TO ATTORNEYS' FEES ACTUALLY EXPENDED OR INCURRED; PLUS
(4) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS
(5) FOR CONTRACTS OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $48.43 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR
(b) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.
6. The name, mailing address, street address or location and telephone number of the seller or of an attorney authorized by the seller to accept payments pursuant to this notice is: Michael J. Price, Attorney for Seller, 59 W. 3rd, Winona, MN 55987.
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice: 59 W. 3rd, Winona, MN 55987, Telephone: 507-452-3341.
This person is authorized to receive the payments from you under this notice.
Signature {Optional - See Minn. Stat. ยง559.21, subd. 4(e)}
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