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Notice of Cancellation of Contract for Deed

Fri, Feb 3rd, 2006
Posted in Legals

Notice of Cancellation of Contract for Deed

You are notified:

1. Default has occurred in the Contract for Deed (“Contract”) dated October 21, 2002, and filed for the record October 24, 2002, as Document Number 326620 in the Office of the (County Recorder) of Fillmore County, Minnesota, in which Roger M. Byboth, as seller, sold to Dale Mickelson, as purchaser(s), the real property in Fillmore County, Minnesota, described as follows:

Lot 1, Block 2 Northland Subdivision, City of Rushford, Fillmore County, MN.

2. The default is as follows:

a. Failure to pay the $550.35 installment payment due November 6, 2005.

b. Failure to pay the $550.35 installment payment due December 6, 2005.

c. Failure to pay the $550.35 installment payment due January 6, 2006.

d. Failure to deliver to seller proof of insurance as required under the contract for deed.

e. Failure to pay the real estate taxes due and payable in the year 2004, in the amount of $557.11.

f. Failure to pay the real estate taxes due and payable in the year 2005, in the amount of $1,048.34.

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 90 days after the first date 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, $33,56 (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 the 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.

5. The name, address and telephone number of the seller or of an attorney authorized by the seller to accept payments pursuant to this notice is:

/s/ Thomas M. Manion

Attorney for Seller

Address: Thomas M. Manion, Jr.

600 Kenilworth Avenue South

Lanesboro, MN 55949

Telephone: 507-467-2317

This person is authorized to receive the payments from you under this notice.

/s/ Thomas M. Manion, Jr.

Thomas M. Manion, Jr.

Publish 6,13,20

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