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NOTICE OF MORTGAGE FORECLOSURE SALE


Fri, May 3rd, 2013
Posted in All Legals

NOTICE OF MORTGAGE FORECLOSURE SALE

Date: April 29, 2013

YOU ARE NOTIFIED THAT:

1. Default has occurred in the conditions of the Mortgage dated May 1, 2003, executed by Joel L. Merchlewitz and Jelaine L. Merchlewitz, husband and wife, as mortgagor(s), to Wells Fargo Home Mortgage, Inc., as mortgagee, and recorded on May 12, 2003 as Document Number 331151, which mortgage was assigned to The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York Trust Company N.A. as successor-in-intrest to JPMorgan Chase Bank, N.A., fka JPMorgan Chase Bank as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2003-5, pursuant to an Assignment of Mortgage, dated July 15, 2011, recorded on August 23, 2011 as Document Number 385087, in the office of the County Recorder of Fillmore County, Minnesota. The land described in the Mortgage is not registered land.

2. The original principal amount secured by the Mortgage was $64,600.00.

3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.

4. No mortgagor has been released from financial obligation on the mortgage.

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 $49,267.44.

7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land described as follows:

Legal Description: Beginning at a point 880 feet South of the stake at the Northwest corner of the Northeast Quarter of the Southeast Quarter, Section 23-104-8; thence 140 feet East, thence 80 feet South, thence 140 feet West, thence 80 feet North back to place of beginning. Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Easement of record, if any will be sold by the Sheriff of Fillmore County, Minnesota, at public auction on June 27, 2013 at 10:00 a.m. at the Lobby of the Fillmore County Courthouse, 101 Fillmore Street, Preston, Minnesota.

8. The mortgagor must vacate the property on or before 11:59 p.m. December 27, 2013, if the mortgage is not reinstated under Minn. Stat. Sec. 580.30, the property is not redeemed under Minn. Stat. Sec. 580.23, or the redemption period is not reduced under section 582.032.

9. The time allowed by law for redemption by Mortgagors or Mortgagors’ personal representatives or assigns is 6 months after the date of sale.

10. 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.

11. 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Foreclosure Data required by Minn. Stat. Sec. 580.025

1. Property Address: 1320 Main Street, Rushford, Minnesota 55971

2. Transaction Agent: Not Applicable

3. Name of Mortgage Originator (Lender): Wells Fargo Home Mortgage, Inc.; assigned to The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York Trust Company N.A. as successor-in-intrest to JPMorgan Chase Bank, N.A., fka JPMorgan Chase Bank as Trustee for MASTR Alternative Loan Trust, Mortgage Pass-Through Certificates, Series 2003-5

4. Residential Servicer: Wells Fargo Bank, N.A.

5. Tax Parcel Identification Number: 05-0178-060

6. Transaction Agent’s Mortgage ID Number: Not Applicable

Wells Fargo Bank, National Association

Attorneys for Mortgagee

James T. Keig

STEPHENSON, SANFORD, PIERSON & THONE, P.L.C.

Suite 220, 1905 East Wayzata Boulevard

Wayzata, MN 55391

(952) 404-2100

7-3037

Publish 6,13,20,27,3,10

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