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Public Notices

11-02-09 Page 13

November 2, 2009
Faribault County Register
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: 07/31/2008

MORTGAGOR(S): Joseph Fitterer and Cassie Fitterer, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for GSF Mortgage Corporation

SERVICER: Countrywide Home Loans, Inc.

MORTGAGE ID #: 100310900000134530

DATE AND PLACE OF RECORDING: Recorded August 12, 2008, Faribault County Recorder, Document No. 345161.

ASSIGNMENTS OF MORTGAGE: Assigned to: BAC Home Loans Servicing, LP Dated:August 17, 2009,

LEGAL DESCRIPTION OF PROPERTY: A tract commencing at the Northwest corner of Section Thirty-five (35) in Township One Hundred Four (104) North of Range Twenty-eight (28) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota; thence East along the North line of said Section 35 for a distance of 565.2 feet to a point on the centerline of Minnesota Trunk Highway No. 169, thence deflection 90 degrees 48 minutes right along a line projected to the intersection of Main Street and the North line of Easton's Addition to the Village of Winnebago as designated upon the plat of said Addition on file and of record in the office of the Register of Deeds, Faribault County, Minnesota, for a distance of 852.6 feet to the point of beginning, thence continuing on said last course for a distance of 405 feet to a point 270 feet North of the North line of said Easton's Addition; thence deflecting 90 degrees 48 minutes left along a line parallel and 270 feet North of the said North line of Easton's Addition for a distance of 534 feet; thence deflecting 89 degrees 55 minutes left for a distance of 392.6 feet; thence deflecting 88 degrees 45 minutes left for a distance of 529.2 feet to the point of beginning.

Excepting therefrom a strip a land along the West boundary for highway right-of-way purposes described as follows: Commencing at the point of beginning of the tract of land described above, thence South along the West boundary of said tract for a distance of 405 feet, thence deflecting 90 degrees 48 minutes left for a distance of 40 feet, thence deflecting 89 degrees 12 minutes left for a distance of 222.6 feet, thence deflecting 90 degrees 00 minutes right for a distance of 10 feet, thence deflecting 90 degrees 00 minutes left for a distance of 182.4 feet to a point on the North line of said tract, thence West along said North line for a distance of 50 feet to the point of beginning, Faribault County, Minnesota.

TAX PARCEL NO.: 31.035.0020

ADDRESS OF PROPERTY:

342 Main Street N.

Winnebago, MN 56098

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $152,229.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $160,800.21

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; 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: Wednesday, December 16, 2009, 10:00 a.m.

PLACE OF SALE: 320 Dr. H. Russ Street, City of Blue Earth, MN

to pay the debt then 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.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 06-16-2010 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE

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: October 15, 2009

BAC Home Loans

Servicing, LP

Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

BAC Home Loans

Servicing, LP

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 291-8955

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16751-094528

October 26, November 2, 9,

16, 23, 30, 2009

_________________________



NOTICE OF HEARING ON PROPOSED ASSESSMENT

Winnebago, Minnesota

TO WHOM IT MAY CONCERN:

Notice is hereby given that the council will meet at 7:00 p.m. on November 10, 2009 at Winnebago City Hall to consider, and possibly adopt, the proposed assessment for the improvement of Sixth Street Southwest between First Avenue Southwest and Third Avenue Southwest. Adoption by the council of the proposed assessment may occur at the hearing.

Such assessment is proposed to be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2010, and will bear interest at the rate of 6.15 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments.

You may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk of Winnebago. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk of Winnebago the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 6.15 percent per year. The right to partially prepay the assessment is available.

The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed assessment is $ 49,466.98. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.

If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:

1. The city will present its case by first calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions.

2. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning the city’s witnesses will be followed with the objector’s witnesses.

3. The objector may be represented by counsel.

4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as the weight of items of evidence or testimony presented to the council.

5. The entire proceedings will be tape-recorded.

6. At the close of the presentation of evidence, the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point.

7. The council may adopt the proposed assessment at the hearing.

An owner may appeal the assessment to district court pursuant to Minn. Stat. 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk.

Jennifer Feely, Administrator-Clerk-Treasurer

October 26, Nov. 2, 2009

_________________________



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:  August 15, 2006

  ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:  $66,500.00

  MORTGAGOR(S):  Steven S. Walk, a single person

  MORTGAGEE:  Mortgage Electronic Registration Systems, Inc.

  TRANSACTION AGENT:          Mortgage Electronic Registration Systems, Inc.

MIN#:  100488910095428909

  LENDER:  New Century Mortgage Corporation

  SERVICER:  Barclays Capital Real Estate Inc. dba HomEq Servicing

  DATE AND PLACE OF FILING: Filed August 17, 2006, Faribault County Recorder, as Document Number 337418

  ASSIGNMENTS OF MORTGAGE:  Assigned to: U.S. Bank National Association, as Trustee under Pooling and Servicing Agreement dated as of December 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC3 Mortgage Pass-Through Certificates, Series 2006-NC3; Dated: October 19, 2009 

  LEGAL DESCRIPTION OF PROPERTY: All that part of Auditor's Lot 1 in the SE 1/4, Section 21, Township 101 North, Range 24 West, Faribault County, Minnesota, described as follows:

Commencing at the center of said Section 21, thence East a distance of 140.00 feet, on the North line of the SE 1/4 of said Section 21, thence South a distance of 33.00 feet, at a right angle, to the point of beginning, thence South a distance of 94.91 feet, on a Southerly extension of the last described line, to a point on the North right-of-way line of the Union Pacific Railroad (formerly the Chicago & North Westerly Railroad), thence Southeasterly a distance of 76.57 feet, at a deflection angle of 81 degrees 29 minutes 18 seconds left, on said railroad right-of-way line, thence North a distance of 106.25 feet, at a deflection angle of 98 degrees 30 minutes 42 seconds left, to a point 33.00 feet South of the North line of said SE 1/4, thence West a distance of 75.72 feet, at a deflection angle of 90 degrees 00 minutes 00 seconds left

  PROPERTY ADDRESS:  712 State St, Kiester, MN 56051

  PROPERTY IDENTIFICATION NUMBER:  27.021.1300

  COUNTY IN WHICH PROPERTY IS LOCATED:  Faribault

  THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE:  $66,839.86

  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:  December 15, 2009, 10:00am

  PLACE OF SALE:  Sheriff's Main Office, 320 Dr. H. Russ Street, Blue Earth, MN 56013

  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.

  If this is an owner occupied, single-family dwelling, the premises must be vacated by June 15, 2010 at 11:59 PM.

  "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: October 27, 2009

U.S. Bank National Association, as Trustee under Pooling and Servicing Agreement dated as of December 1, 2006 MASTR Asset-Backed Securities Trust 2006-NC3 Mortgage Pass-Through Certificates, Series 2006-NC3

Assignee of Mortgagee 

SHAPIRO, NORDMEYER & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Kristine M. Spiegelberg - 308845

Melissa L. Baldridge Porter - 0337778

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.  This NOTICE is required by the provisions of the Fair Debt Collection PRACTICES Act and does not imply that we are attempting to COLLECT money from anyone who has discharged the debt UNDER the Bankruptcy Laws of the United States.

November 2, 9, 16, 23, 30, December 7, 2009

_________________________

 
 

 

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