NOTICE OF MORTGAGE FORECLOSURE SALE
Date: February 26, 2013
YOU ARE NOTIFIED THAT:
1. Default has occurred in the conditions of that certain Mortgage dated August 31, 2005 executed by Eagle Flight Development Limited Liability Partnership, a Minnesota limited liability partnership, as Mortgagor, to Community Bank Corporation, a Minnesota state banking corporation, as Mortgagee, and filed for record September 9, 2005 as Document Number A424186, in the Office of the County Recorder of Carver County. The land described in the Mortgage is not registered land.
2. The Mortgage has not been assigned.
3. The original principal amount secured by the Mortgage was: $200,000.00.
4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.
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 is $172,261.32.
7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land legally described as follows:
The East 6 inches of the South 50 feet of Lot 10, Block 39, Townsite (now city) of Waconia. Also conveying herewith an easement over and across the East 3.5 feet of the East 21.5 feet of the South 50 feet of said Lot 10, Block 39, City of Waconia for access purposes only for maintaining the existing building located upon Lot 9, Block 39, City of Waconia and which easement shall be appurtenant to said Lot 9, Block 39, City of Waconia.
Lots 8 and 9, Block 39, City of Waconia, according to the map or plat thereof on file or of record in the office of the county recorder in and for Carver County, Minnesota, EXCEPTING from said 8 of Block 39, the following two described tracts:
1) The East ten feet of Lot 8.
2) Commencing at a point on the South line of said Lot 8, 12 feet East of the Southwest corner thereof; thence North parallel to the West line of said Lot 8 for a distance of 50.00 feet; thence West parallel to the South line of said Lot 8 for a distance of 1.25 feet; thence South in a straight line to a point in the South line of said Lot 8 distance 10.00 feet East of the Southwest corner thereof; thence East along the South line of said Lot 8 a distance of 2.00 feet to the place of beginning, Carver County, Minnesota
will be sold by the County Sheriff of Carver County, Minnesota, at a public auction on Friday, April 19, 2013 at 10:00 a.m., at 606 East Fourth Street, Chaska, MN 55318.
8. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is six months after the date of sale.
9. 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.
10. If the mortgage is not reinstated under section 580.30 or redeemed under section 580.23, then the Mortgagor must vacate the property on or before 11:59 p.m. on October 19, 2013.
11. Each holder of a junior lien may redeem in the order and manner provided in Minn. Stat. §580.24, beginning after the expiration of the mortgagor’s redemption period under Minn. Stat. §580.23.
12. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
13. THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME ALLOWED BY LAW IS NOT AFFECTED BY THIS ACTION.
14. Foreclosure data required pursuant to Minn. Stat. §580.025:
a. Physical street address, city, and zip code of mortgaged premises: 24 Main Street East, Waconia, MN 55387.
b. Name of transaction agent, residential mortgage servicer, and lender or broker: N/A.
c. Tax parcel identification number: 75.0503960
d. Transaction Agent’s mortgage ID number (if stated in mortgage): N/A
e. Name of mortgage originator (if stated in mortgage): Community Bank Corporation.
Attorney for Mortgagee:
/s/ Timothy J. Prindiville
NILSSON BRANDT, P.A.
900 Flour Exchange Building
310 Fourth Ave. South
Minneapolis, MN 55415
(Published in The Waconia Patriot March 7, 14, 21, 28, April 4 and 11, 2013)