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Sunday, July 18, 2004 - NOTICE OF CANCELLATION OF CONTRACT FOR DEED (07/18/2004)
First Publication Date

Sunday, July 18, 2004

NOTICE OF CANCELLATION OF

CONTRACT FOR DEED

TO: ANTHONY MASEPOHL, HIS HEIRS AND/OR ASSIGNS, AND ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, INTEREST, OR LIEN IN THE REAL ESTATE DESCRIBED IN THE NOTICE HEREIN,

YOU ARE NOTIFIED:

1. Default has occurred in the Contract for Deed ("Contract") dated August 8, 2002, and filed for record August 20, 2002, as Document Number 458413 in the Office of the County Recorder of Winona County, Minnesota, in which Blue Luck, LLC, a Partnership as seller, sold to Anthony Masepohl as purchaser, the real property in Winona County, Minnesota, described as follows:

The Northerly (60) feet of Lot Seven (7) in Block Twenty-eight (28), in Hamilton's addition to the City of Winona, Winona County, Minnesota, according to the accepted and recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State.

2. The default is as follows:

The Purchaser has failed to make monthly contract payments for the following months: September, October, November and December, 2003, and January, February, March, April, May, June and July, 2004, in the amount of $5,280.00, plus the second half of the real estate taxes for 2003 are delinquent in the amount of $137.00, for a total due of $5,417.00.

3. The conditions contained in Minnesota Statutes §559.209 have been complied with or are not applicable.

4. 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 NINETY (90) DAYS AFTER THE FIRST DAY OF PUBLICATION OF THIS NOTICE 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, $108.34 (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 CONTACT 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:

Mailing Address of Seller:

Blue Luck, LLC

51 West 4th Street

Winona, MN 55987

Street Address or Location where the Seller will accept payment pursuant to Notice:

Blue Luck, LLC

51 West 4th Street

Winona, MN 55987

Telephone: 507-457-0449

WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 

 

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