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Public Notices for the week of 9/9/13, Continued

September 8, 2013
Faribault County Register

NOTICE OF CANCELLATION

OF CONTRACT FOR DEED

YOU ARE NOTICED:

1. Default has occurred in the Contract of Deed ("Contract") dated April 30, 2010, and recorded on May 10, 2010, as Document Number 351207, in the Office of the County Recorder of Faribault County, Minnesota, in which Jon A Helland and Joan R. Helland, husband and wife as seller, sold to Daniel A. Bussey and Wanda A. Bussey, as purchaser, the real property in Faribault County, Minnesota, described as follows:

Lot 2, Block 3, Almberg's Addition to the Village of Kiester, Faribault County, Minnesota, according to the Plat of said Addition on file and of record in the office of the Register of Deeds of said County.

2. The default is as follows: A. Failure to pay the payments due March 1, 2011 through July 1, 2013 in the amount of $516.89 each, for a total of $14,989.81.

4. The conditions contained in Minnesota Statutes 559.209 have been complied with or are not applicable.

5. 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 TO 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, $29.98 (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 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 CLAIM OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.

6. The name, mailing address, street address or location and telephone number of the seller or of any attorney authorized by the seller to accept payment pursuant to this notice is:

Name: John T. Hareid

Attorney for Seller

Mailing Address:

314 South Broadway

Albert Lea, MN 56007

Telephone No.: 507-373-2345

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

August 26, Sept. 2, 9, 2013

____________________________

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: March 11, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $52,000.00

MORTGAGOR(S): LaDonna Bruellman and Bruce Bruellman, Wife and Husband

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for MIT Lending, its successors and assigns

DATE AND PLACE OF RECORDING:

Recorded: March 17, 2004

Faribault County Recorder

Document Number: 326652

ASSIGNMENTS OF MORTGAGE: And assigned to:

CitiMortgage, Inc.

Dated: April 04, 2013

Recorded: April 15, 2013

Faribault County Recorder

Document Number: 361771

Transaction Agent: Mortgage Electronic Registration Systems, Inc.

Transaction Agent Mortgage Identification Number: 100112065678451770

Lender or Broker: MIT Lending

Residential Mortgage Servicer: CitiMortgage, Inc.

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

Property Address: 9629 490th Ave, Bricelyn, MN 56014-3057

Tax Parcel ID Number: 080240801

LEGAL DESCRIPTION OF PROPERTY: A tract of land in the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section Twenty-four (24) in Township One Hundred Two (102) North, Range Twenty-six (26) West of the Fifth Principal Meridian in the County of Faribault, State of Minnesota, described as follows:

Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of said Section Twenty-four (24); thence north a distance of 618 feet; thence west 323 feet to a point of beginning; thence continuing west 360 feet; thence north 370 feet; thence east 360 feet; thence south 370 feet to point of beginning.

ALSO a strip of land two (2) rods wide the centerline of which is described as follows:

Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of said Section Twenty-four (24), thence north 701 feet along the east line of said Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) to the point of beginning; thence west 323 feet more or less to the point of intersection with the north-south line of the tract above described

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $49,516.84

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: October 01, 2013 at 10:00 AM

PLACE OF SALE: 320 Dr. H. Russ St., 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 attorney fees allowed by law, subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns.

If the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on April 01, 2014, or the next business day if April 01, 2014 falls on a Saturday, Sunday or legal holiday.

Mortgagor(s) released from financial obligation: NONE

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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.

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: August 19, 2013

ASSIGNEE OF MORTGAGEE: CitiMortgage, Inc.

Wilford, Geske & Cook P.A.

Attorneys for Assignee of Mortgagee

8425 Seasons Parkway,

Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 028358F01,

August 19, 26,

September 2, 9, 16, 23, 2013

____________________________

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 conditions of the following described mortgage:

DATE OF MORTGAGE: September 20, 2005

MORTGAGOR: Edward G. Croce and Peggy L. Croce, husband and wife.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc..

DATE AND PLACE OF RECORDING: Recorded October 28, 2005 Faribault County Recorder, Document No. 334015.

ASSIGNMENTS OF MORTGAGE: Assigned to: Alliance Realty Capital, LLC. Dated September 27, 2012 Recorded November 9, 2012, as Document No. 360090.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100077910004775256

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Decision One Mortgage Company, LLC

RESIDENTIAL MORTGAGE SERVICER: FCI Lender Services, Inc.

MORTGAGED PROPERTY ADDRESS: 23416 510th Avenue, Minnesota Lake, MN 56068

TAX PARCEL I.D. #: 130090400

LEGAL DESCRIPTION OF PROPERTY:

All that part of the following described tract which lies in the East Half of the Southwest Quarter (E1/2 or SW1/4) of Section Nine (9) in Township One Hundred Four (104) North, Range Twenty-five (25) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota.

Commencing at the Southwest corner of the Southwest Quarter (SW1/4) of Section Nine (9), thence North 90 degrees - 00 minutes 00 seconds East (assumed bearing) along the South line of said Southwest Quarter a distance of 1306.66 feet to the intersection of the southerly extension of the centerline of County State Aid Highway No. 21 (said extension bearing South 0 degrees - 33 minutes - 06 seconds East) and the South line of the Southwest Quarter of Section Nine (9) thence North 0 degrees - 33 minutes - 06 seconds West along the southerly highway centerline extension and the highway center line a distance of 2079.10 feet to the point of beginning of the tract to be described: thence continuing North 0 degree - 33 minutes - 06 seconds West along said highway center line a distance of 259.06 feet, thence North 89 degrees - 26 minutes - 54 seconds East a distance of 148.00 feet, thence South 0 degrees - 33 minutes - 06 seconds East parallel with the highway centerline a distance of 114.06 feet, thence North 89 degrees - 26 minutes - 54 seconds East a distance of 36.00 feet, thence South 0 degrees - 33 minutes - 06 seconds East parallel with the highway centerline a distance of 145.00 feet, thence South 89 degrees - 26 minutes - 54 seconds West a distance of 184.00 feet to the point of beginning. Subject to the easement for the right-of-way of County State Aid Highway No. 21 being a strip of land 49.50 feet wide lying adjacent to and Easterly of the highway centerline.

Said tract contains 1.00 acres of land more or less including the highway easement.

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $88,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $94,033.80

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: October 18, 2013 at 10:00 AM

PLACE OF SALE: Sheriff's Office, Faribault County Jail, 320 Dr. H. Russ Street, 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 six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. 580.07.

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 April 18, 2014, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: August 16, 2013

Alliance Realty Capital, LLC

Mortgagee/Assignee of

Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/

Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

103 - 13-004476 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

August 26, September 2, 9,16, 23, 30, 2013

____________________________

REQUEST FOR BIDS

REQUEST FOR BIDS

The City of Bricelyn is accepting bids for street repair for the 2013 season. Bid should be for 1,100 square yards for one block of street reconstruction and 1,100 square yards for spot patching. Any questions or for more details please call the City Clerk's office at 507-653-4367. Deadline for bids will be September 15, 2013. Send bids to City of Bricelyn, PO Box 338, Bricelyn, MN 56014.

August 26, Sept. 2, 9, 2013

____________________________

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 14, 2012

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $101,020.00

MORTGAGOR(S): Michael W. Jones and Jacquelyn M. Jones, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100392411200116658

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Fairway Independent Mortgage Corporation

SERVICER: JPMorgan Chase Bank, N.A.

DATE AND PLACE OF FILING: Filed August 20, 2012, Faribault County Recorder, as Document Number 359157

ASSIGNMENTS OF MORTGAGE: Assigned to: JPMorgan Chase Bank, National Association; Dated: March 4, 2013 filed: March 12, 2013, recorded as document number 361440

LEGAL DESCRIPTION OF PROPERTY:

That part of Lot 21 of correct Plat of the Village of Minnesota Lake, Faribault County, Minnesota as designated upon said Plat on file and of record in the office of the Register of Deeds (now County Recorder) in and for said Faribault County described as follows: The South Half of a tract commencing at a point on the North Line of Lake Avenue in the Village of Minnesota Lake, 100 Feet West of the Southeast corner of said Lot 21, thence Northerly 132 feet more or less to the South line of First Street at a point 100 Feet West of the Northeast corner of said Lot 21; thence West along the South line of said First Street 90.65 Feet more or less to a point which is 181.3 Feet East of the Northwest corner of said Lot 21, thence Southerly to the North line of Lake Avenue at a point 194.76 Feet East of the Southwest corner of said Lot 21, thence East along the North line of Lake Avenue 97.35 feet more or less to the point of beginning.

PROPERTY ADDRESS: 111 Lake Ave E, Minnesota Lake, MN 56068

PROPERTY IDENTIFICATION NUMBER: 28-004-0990

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $102,023.72

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: October 25, 2013, 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.

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 April 25, 2014.

"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: August 30, 2013

JPMorgan Chase Bank,

National Association

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Randolph W. Dawdy - 2160X

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Gary J. Evers - 0134764

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

13-092315

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

September 9, 16, 23, 30,

October 7, 14, 2013

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No. 22 PR 13 510

Estate of

Mary Fendrich Witte,

Decedent

NOTICE TO CREDITORS: FOREIGN PERSONAL

REPRESENTATIVE

ACTING IN MINNESOTA

Notice is given that Kimberly A. Hillenga, residing at 2575 Deer Avenue, Wesley, IA, 50483 is the domiciliary foreign Personal Representative ("Personal Representative") for the estate of Mary Fendrich Witte, a resident of the State of Iowa.

On August 19, 2013, the Personal Representative filed with the Court a document stating an intention to exercise, as to assets in Minnesota, all powers of a local Personal Representative and to maintain actions and proceedings in Minnesota in accordance with Minn. Stat. 524.4-205.

Notice is also given that any Minnesota creditor who objects to the Personal Representative's exercise of power over assets in Minnesota must file a written objection within 60 days from the Personal Representative's filing. If no objections are filed, the representative may, after the expiration of the 60 day period, exercise all powers of a local Personal Representative.

Dated: August 28, 2013

File No. PR13510

Vicky Driscoll,

Court Administrator

Adele Kiehm, Deputy

Attorney For Foreign

Personal Representative

Daniel L. Kolker

Peterson, Savelkoul, Kolker, Haedt & Benda, Ltd.

211 South Newton Avenue

Albert Lea, MN 56007

Attorney License No: 0310049

Telephone: (507) 373-6491

FAX: (507) 373-7863

September 9, 16, 2013

____________________________

NOTICE OF HEARING

ON ASSESSMENTS FOR THE IMPROVEMENTS OF 2012

GORMAN STREET AND TWELFTH STREET

Notice is hereby given that the council will meet at 5:05 p.m. on September 23, 2013 at the Public Safety Meeting room at the intersection of Walnut and Seventh Streets to consider, and possibly adopt, the proposed assessment for Improvement No. F17.104170. Adoption by the council of the proposed assessment may occur at the hearing. The proposed roll is on file with the City Clerk and open to public inspection.

The following is the area proposed to be assessed. Improvement No. F17.104170 Gorman Street from Seventh Street to Fourteenth Street and Twelfth Street from Galbraith Street to Rice Street.

The total amount to be assessed for both projects is $2,074,870.00 and is payable in annual installments over a period of 15 years. Written or oral objections will be considered at the hearing.

An owner of property to be assessed may appeal the assessment to the district court of Faribault County pursuant to Minnesota Statutes, Section 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.

No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause.

Under the provisions of Minnesota Statutes, Section 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make payments.

The mailed notice of this hearing to property owners contains additional information.

BY ORDER OF THE

CITY COUNCIL

Kathy Bailey, City Clerk

September 9, 16, 2013

____________________________

DEADLINE

Deadline for Public Notices is Wednesday at 12:00 Noon for the next Mondays issue. All legal copy should be delivered to the office by noon Wednesday to insure its publication.

If you need to place a public notice legal please email your legal to ptrue@faribaultcountyregister.com or fcnews@bevcomm.net

Or mail notice to: Faribault County Register, PO Box 98, 125 North Main Street, Blue Earth, MN. Thank you.

____________________________

 
 

 

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