18-108529 NOTICE OF MORTGAGE F...
18-108529
NOTICE OF MORTGAGE FORECLOSURE SALE
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.
NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: May 20, 2003
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $87,200.00
MORTGAGOR(S): Roy T Whitney and Jodie M Whitney, husband and wife
MORTGAGEE: Mortgage Electronic Registration Systems, Inc
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
MIN#: 1000157-0002512499-7
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: America's Wholesale Lender
SERVICER: Ditech Financial LLC FKA Green Tree Servicing LLC
DATE AND PLACE OF FILING: Filed June 18, 2003, Carver County Recorder, as Document Number A 355065, thereafter reformed to correct the legal by Findings of Fact, Conclusions of Law and Order for Judgment and Judgment dated October 10, 2018 recorded October 19, 2018 as document number A669153
ASSIGNMENTS OF MORTGAGE: Assigned to: Ditech Financial LLC
LEGAL DESCRIPTION OF PROPERTY: Tract A:
Commencing at the Southwest corner of Block 6, of the original Townsite of Norwood, Minnesota according to the recorded plat thereof, thence Easterly along with the South line of said Block 6 for a distance of 87.00 feet, thence Northerly deflecting to the left 83 degrees 07 minutes 00 seconds parallel with the Easterly line of Morse Street for a distance of 79.08 feet to the Northerly line of said Block 6; thence Easterly deflecting to the right 90 degrees 54 minutes 00 seconds along said Northerly line of Block 6 for a distance of 26.67 feet to the actual point of beginning of the tract to be described; thence continuing Easterly along said Northerly line of Block 6 for a distance of 42.84 feet to the intersection of said Northerly line of Block 6 and a line that is parallel to said Easterly line of Morse Street and 157.00 feet Easterly of said Southwest corner of Block 6, as measured along said Southerly line of Block 6; thence Southerly deflecting to the right 89 degrees 06 minutes 00 seconds parallel with said Easterly line of Morse Street for a distance of 69.60 feet to said Southerly line of Block 6; thence Westerly deflecting to the right 83 degrees 07 minutes 00 seconds along said Southerly line of Block 6 for a distance of 36.17 feet; thence Northerly deflecting to the right 91 degrees 35 minutes 00 seconds for a distance of 74.93 feet to the actual point of beginning
Tract B:
Commencing at the Southwest corner of Block 6, original Townsite of Norwood, Minnesota, according to the recorded plat thereof, thence Easterly along the North line of Elm Street 157.00 feet to the actual point of beginning of the tract to be described; thence continuing Easterly along said North line of Elm Street 62.6 feet thence Northerly 59.9 feet, more or less, to a point on the North line of said Block 6, same also being the right of way of the Chicago, Milwaukee and St. Paul Railway Co., which is 215 feet Easterly of the Northwest corner of said Block 6, as measured along said North line of Block 6, thence Westerly along said North line of Block 6 to the point of intersection of said North line of Block 6 and a line parallel to the East line of Morse Street according to said plat of the original Townsite of Norwood, that passes through the point of beginning; thence Southerly deflecting to the left 90 degrees 54 minutes 00 seconds parallel with said East line of Morse Street 69.60 feet to the actual point of beginning
AND
The South 5 feet of the West 25 feet of the East 175 feet of the following described tract, to-wit: that part of the former Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-of way situated in the Northwest Quarter of Section 14 Township 115, Range 26 West, described as follows: beginning at the Northwest corner of Block 6, Original Townsite of Norwood, Minnesota, according to the recorded plat thereof; thence on an assumed bearing of North 00 degrees 25 minutes 12 seconds West along the East line of Morse Street, a distance of 149.85 feet; thence South 89 degrees 52 minutes 09 seconds East a distance of 354.53 feet to the Westerly line of Franklin Street; thence South 00 degrees 54 minutes 24 seconds East along the West line of Franklin Street; a distance of 149.87 feet, to the Northeast corner of said Block 6; thence North 89 degrees 52 minutes 06 seconds West along the North line of said Block 6; thence North 89 degrees 52 minutes 06 seconds West along the North line of said Block 6, a distance of 355.80 feet to the point of beginning.
Together with a temporary, non-exclusive easement for ingress and egress thereto over the North 11 feet of the South 20 feet of the East 75 feet and along the South 20 feet of the West 100 feet of the East 175 feet of the following described tract: that part of the former Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right-of-way situated in the Northwest Quarter of Section 14 Township 115 Range 26 West, described as follows: beginning at the Northwest corner of Block 6, Original Townsite of Norwood, Minnesota, according to the recorded plat thereof; thence on an assumed bearing of North 00 degrees 25 minutes 12 seconds West along the East line of Morse Street, a distance of 149.85 feet; thence South 89 degrees 52 minutes 09 seconds East a distance of 354.53 feet to the Westerly line of Franklin Street; thence South 00 degrees 54 minutes 24 seconds East along the West line of Franklin Street, a distance of 149.87 feet, to the Northeast corner of said Block 6; thence North 89 degrees 52 minutes 06 seconds West along the North line of said Block 6, a distance of 355.80 feet to the point of beginning. (Easement shall terminate at such time that the existing garage partially located on the above described South 5 feet of the West 25 feet of the East 175 feet becomes substantially destroyed or unusable for whatever reason)
PROPERTY ADDRESS: 120 Elm St W, Norwood Young America, MN 55368
PROPERTY IDENTIFICATION NUMBER: 58.0500490
COUNTY IN WHICH PROPERTY IS LOCATED: Carver
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $73,478.55
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: January 8, 2019, 10:00am
PLACE OF SALE: Sheriff's Main Office, North Main Entrance of the Carver County Justice Center, County Sheriff's Main Lobby 606 East Fourth St., Chaska, MN 55318
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) the personal representatives or assigns.
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 July 8, 2019, or the next business day if July 8, 2019 falls on a Saturday, Sunday or legal holiday.
"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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: November 13, 2018
Ditech Financial LLC
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
BY Lawrence P. Zielke - 152559
Melissa L. B. Porter - 0337778
Randolph W. Dawdy - 2160X
Gary J. Evers - 0134764
Tracy J. Halliday - 034610X
Attorneys for Mortgagee
Shapiro & Zielke, LLP
12550 West Frontage Road, Suite 200 Burnsville, MN 55337
(952) 831-4060
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
11/20, 11/27, 12/4, 12/11, 12/18,
12/25/18 Star Tribune
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