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Sun., Sept. 19, 2004 - NOTICE OF MORTGAGE FORECLOSURE SALE (09/19/2004)
First Publication Date

Sunday, September 19, 2004

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: April 23, 2001

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $70,700.00

MORTGAGOR(S): David L. Fitzgerald and Carol Fitzgerald, Husband and Wife

MORTGAGEE: Homestead Mortgage Corporation

DATE AND PLACE OF RECORDING: Recorded April 30, 2001, Winona County Recorder, Document #: 439673

ASSIGNMENTS OF MORTGAGE: And thereafter assigned to: EquiCredit Corporation of America, Dated: April 23, 2001, Recorded: December 28, 2001, Document #449273

And thereafter assigned to: The Bank of New York, Trustee for EquiCredit Trust 2001-1F, Dated: December 23, 2002, Recorded: January 28, 2003, Document #465700

LEGAL DESCRIPTION OF PROPERTY: The West One-half of Lot Four (4), Block Nine (9), Hamilton's Addition to Winona, according to the accepted and recorded plat thereof on file and of record in the office of the County Recorder in and for the County of Winona and State of Minnesota.

COUNTY IN WHICH PROPERTY IS LOCATED: Winona

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $88,494.25

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: November 4, 2004 10:00 A.M.

PLACE OF SALE: Sheriff's Main Office, Law Enforcement Center, West Third and Washington, Winona, MN.

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 6 months from the date of said sale by the mortgagor(s), their personal representatives or assigns.

Mortgagor(s) released from financial obligation: NONE

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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.

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.

Dated: September 19, 2004

The Bank of New York, Trustee for EquiCredit Trust 2001-1F

Assignee of Mortgagee

Wilford & Geske

Attorneys for Assignee of Mortgagee

Lawrence A. Wilford

James A. Geske

7650 Currell Boulevard,

Suite 300

Woodbury, Minnesota 55125

651-209-3300

File ID: 57355 

 

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