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First Publication Date
Wednesday, April 7, 2010
NOTICE OF MORTGAGE FORECLOSURE SALE
Date: March 31, 2010
YOU ARE NOTIFIED THAT:
Default has occurred in the conditions of the Mortgage dated November 30, 2007, executed by James A. Burkhalter, Jr., a single person, as Mortgagor, to Eastwood Bank, as Mortgagee, and recorded on December 3, 2007, as Document No. 524860 in the office of the County Recorder of Winona County, Minnesota. The land described in the Mortgage is not registered land.
The mortgage has been assigned as follows: N/A
The original principal amount secured by the Mortgage was $98,000.00.
No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.
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.
At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the first Mortgage is $99,144.83.
Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:
THE SOUTHERLY ONE-HALF (1/2) OF LOT SEVEN (7), BLOCK FORTY-NINE (49), HUBBARD’S ADDITION TO WINONA, LOCATED UPON AND FORMING A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4 SE1/4) OF SECTION TWENTY-SIX (26), TOWNSHIP ONE HUNDRED SEVEN (107), RANGE SEVEN (7), WINONA COUNTY, MINNESOTA.
will be sold by the County Sheriff of Winona County, Minnesota, at a public auction on May 25, 2010 at 10:00 a.m. at the Winona County Law Enforcement Center Lobby, 201 West Third Street, Winona, MN 55987.
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 25, 2010.
The time allowed by law for redemption by Mortgagor(s) or Mortgagor’s personal representatives or assigns is six months after the date of the sale.
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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF MORTGAGE FORECLOSURE
SALE FORECLOSURE DATA
Minn. Stat. §580.025
Street Address, City and Zip Code of Mortgaged Premises
466 High Forest Street
Winona, MN 55987
Transaction Agent
N/A
Name of Mortgage Originator (Lender)
Eastwood Bank
Residential Servicer
Eastwood Bank
Tax Parcel Identification Number
32.240.3230
Transaction Agent’s Mortgage ID Number
N/A
WIESER LAW OFFICE, P.L.L.P.
Al Wieser, III
Attorney for the Mortgagee
33 S. Walnut Street, Suite 200
La Crescent, MN 55947
(507) 895-8200
Atty. Reg. No. 330371
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