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Mortgage Electronic Registration Systems, Inc vs Wagner

Monday, December 30, 2013 - 11:20pm

NOTICE OF MORTGAGE
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE: April 12, 2006
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $280,800.00
MORTGAGOR(S): Todd G. Wagner, a single person and Michelle Teal, a single person
MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company, its successors and assigns
DATE AND PLACE OF RECORDING:
Recorded: May 09, 2006 Goodhue County Recorder
Document Number: A532418
ASSIGNMENTS OF MORTGAGE:
And assigned to: The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc. Alternative Loan Trust 2006-OC5 Mortgage Pass-through Certificates, Series 2006-OC5
Dated: March 09, 2012
Recorded: May 25, 2012 Goodhue County Recorder
Document Number: A-595105
Transaction Agent: Mortgage Electronic Registration Systems, Inc.
Transaction Agent Mortgage Identification Number: 100077910006115949
Lender or Broker: Decision One Mortgage Company
Residential Mortgage Servicer: Select Portfolio Servicing, Inc.
Mortgage Originator: Not Applicable
COUNTY IN WHICH PROPERTY IS LOCATED: Goodhue
Property Address: 42319 135th Ave, Wanamingo, MN 55983-6001
Tax Parcel ID Number: 38.017.0402
38.018.0101
LEGAL DESCRIPTION OF PROPERTY: Parcel 1:
That part of the Northwest Quarter of Section 17, Township 110, Range 16, Goodhue County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South 0 degrees 17 minutes 41 seconds West (the North line of said Northwest Quarter assumes a bearing of North 89 degrees 25 minutes 04 seconds West) a distance of 1678.51 feet to the point of beginning; thence South 80 degrees 07 minutes 59 seconds West 1182.61 feet; thence North 58 degrees 59 minutes 26 seconds West 356.14 feet; thence South 89 degrees 49 minutes 11 seconds West 637.30 feet; thence South 0 degrees 50 minutes 13 seconds East 511.47 feet; thence North 89 degrees 49 minutes 11 seconds East 588.62 feet; thence North 3 degrees 47 minutes 20 seconds West 232.18 feet; thence North 80 degrees 07 minutes 59 seconds East 1583.73 feet more or less to the East line of said Northwest Quarter; thence Northerly along said East line 33.41 feet more or less to an intersection with a line bearing North 80 degrees 07 minutes 59 seconds East from said point of beginning; thence South 80 degrees 07 minutes 59 seconds West 33.41 feet more or less to the point of beginning.
AND
Parcel 2:
That part of the Northwest Quarter of Section 17, Township 110, Range 16, Goodhue County, Minnesota, described as follows: Commencing at the Northeast corner of said Northwest Quarter; thence South 0 degrees 17 minutes 41 seconds West (the North line of said Northwest Quarter assumes a bearing of North 89 degrees 25 minutes 04 seconds West) a distance of 1678.51 feet; thence South 80 degrees 07 minutes 59 seconds West 1182.61 feet; thence North 58 degrees 59 minutes 26 seconds West 356.14 feet; thence South 89 degrees 49 minutes 11 seconds West 422.46 feet to the point of beginning; thence North 0 degrees 52 minutes 06 seconds West 231.43 feet; thence North 46 degrees 07 minutes 41 seconds West 978.85 feet to the west line of said Northwest Quarter; thence South 0 degrees 44 minutes 51 seconds East along said west line 203.89 feet; thence South 44 degrees 26 minutes 06 seconds East 673.98 feet; thence South 0 degrees 50 minutes 13 seconds East 1139.91 feet to the south line of said Northwest Quarter; thence South 89 degrees 30 minutes 43 seconds East along said south line 978.09 feet; thence North 0 degrees 50 minutes 48 seconds West 711.69 feet; thence South 80 degrees 07 minutes 59 seconds West 389.40 feet; thence South 3 degrees 47 minutes 20 seconds East 232.18 feet; thence South 89 degrees 49 minutes 11 seconds West 588.62 feet; thence North 0 degrees 50 minutes 13 seconds West 511.47 feet; thence North 89 degrees 49 minutes 11 seconds East 214.84 feet to the point of beginning.
Parcel 3:
Together with that part of the Northeast Quarter of Section 18, Township 110, Range 16, Goodhue County, Minnesota, described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence South 0 degrees 44 minutes 51 seconds East (assumed bearing) along the east line of said Northeast Quarter a distance of 815.91 feet to the point of beginning; thence continuing South 0 degrees 44 minutes 51 seconds East along said East line 203.89 feet; thence North 44 degrees 26 minutes 06 seconds West 67.70 feet; thence North 60 degrees 30 minutes 52 seconds West 692.22 feet to an intersection with a diagonal line which passes through the Southwest corner of said Northeast Quarter and said Northeast corner of the Northeast Quarter; thence North 45 degrees 16 minutes 17 seconds East along said diagonal line 315.21 feet to an intersection with a line bearing North 46 degrees 07 minutes 41 seconds West from said point of beginning; thence South 46 degrees 07 minutes 41 seconds East 587.28 feet to the point of beginning.
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $313,961.25
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 15, 2014 at 10:00 AM
PLACE OF SALE: Main Lobby, Law Enforcement Center, 430 W. Sixth Street, Red Wing, Minnesota
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 July 15, 2014, or the next business day if July 15, 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: November 27, 2013
ASSIGNEE OF MORTGAGEE: Bank of New York Mellon, f/k/a Bank of New York, as Trustee, on behalf of the registered holders of Alternative Loan Trust 2006-OC5, Mortgage Pass-Through Certificates Series 2006-OC5
Wilford, Geske & Cook P.A.
Attorneys for Assignee of Mortgagee
8425 Seasons Parkway, Suite 105
Woodbury, MN 55125-4393
(651) 209-3300
File Number: 027651F01
11/27-1/1