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First Publication Date
Wednesday,
November 4, 2009
NOTICE OF MORTGAGE FORECLOSURE SALE
Dated: October 27, 2009 YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of the Mortgage dated July 8, 2003, executed by Mavis I. Thelen (a/k/a Marie I. Thelen) and Gary A. Thelen, single persons, as Mortgagors to Merchants Bank, National Association, as Mortgagee and filed for record August 1, 2003, as Document Number 475007 in the Office of the County Recorder of Winona County, Minnesota. The land described in the Mortgage is not registered land.
2. The Mortgage has been assigned as follows:
Not Applicable
3. The original principal amount secured by the Mortgage was:
$30,414.95
4. No action or proceeding at law is now pending to recover the debt secured by the mortgage, or any part thereof.
5. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage, and all notice and other requirements of applicable statutes.
6. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is:
$ 24,263.46
7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:
Lot Forty-nine (49), Elba Map, showing incorporated limits and subdivisions, being located upon and forming a part of the Northwest Quarter of the Northwest Quarter (NW 1/4 of NW 1/4) of Section Ten (10), Township One Hundred Seven (107) North, of Range Ten (10), West of the Fifth Principal Meridian, Winona County, Minnesota.
will be sold by the County Sheriff of Winona County, Minnesota, at public auction on December 16, 2009, at 10:00 a.m., at the lobby of the Winona County Law Enforcement Center, 201 West Third Street, Winona, Minnesota 55987.
8. The street address of the property is: 145 South Main Street, RR2, Box 336, Altura, Minnesota 55910. The tax parcel identification number is: 23.000.1190.
9. The time allowed by law for redemption by Mortgagors or Mortgagors’ personal representatives or assigns is six (6) months after the date of sale.
10. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS’ 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.
11. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE RIGHT TO VERIFICATION OF THE DEBT AND THE IDENTITY OF THE CREDITOR WILL NOT BE AFFECTED BY THIS FORECLOSURE PROCEEDING.
Attorney for Mortgagee
Mark A. Merchlewitz
BENSON & MERCHLEWITZ
174 Main Street
Winona, MN 55987
(507) 454-3752
MERCHANTS BANK
NATIONAL ASSOCIATION
/s/ Mark A. Merchlewitz
By: Mark A. Merchlewitz Attorney-in-Fact for Mortgagee
STATE OF MINNESOTA
COUNTY OF WINONA)
)
)ss.
The foregoing instrument was acknowledged before me this 27th day of October, 2009, by Mark A. Merchlewitz, Attorney-in-Fact for Merchants Bank, National Association, Mortgagee.
/s/ Kristine K. Teske
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
THIS INSTRUMENT WAS DRAFTED BY:
Mark A. Merchlewitz
BENSON & MERCHLEWITZ
174 Main Street
Winona, MN 55987
507-454-3752
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