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NOTICE OF MORTGAGE FORECLOSURE SALE

Tuesday, June 9, 2009 - 2:22pm

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: September 16, 2005

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $120,000.00

MORTGAGOR(S): Brett C. Herrly and Allison Herrly, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. MIN#: 100062604253522421

LENDER: Homecomings Financial Network, Inc.

SERVICER: GMAC Mortgage, LLC

DATE AND PLACE OF FILING: Filed September 21, 2005, Goodhue County Recorder, as Document Number A 523893

LEGAL DESCRIPTION OF PROPERTY:

Part of Lots numbered Fifty- eight (58) and Fifty- nine (59) of Auditor's Subdivision of Block Number One (1) East Red Wing described as follows, to-wit:

Beginning at the Southwest comer of Lot Fifty- nine (59), running thence Easterly along the Northerly line of East Fifth Street Fifty- two (52) feet, thence Northerly parallel with

the Westerly line of said Lot Fifty-nine (59), Two hundred and ten (210) feet, thence Westerly and parallel with the Northerly line of Last Fifth Street Fifty-two (52) feet to the

Westerly line of said Lot Fifty- nine (59) thence Southerly along the Westerly line of said Lot Fifty- nine (59) to the point of beginning.

(Being the Southerly 210 feet of said Lot 59, and 210 feet by 2 feet on the Westerly side of said Lot 58 adjoining said Southerly 210 feet of Lot 59 on the Easterly side thereof.)

(Said premises are situate on Lot 7 of Section 29, Township 113, Range 14.) That part of the following described property:

Part of Lots 58 and 59 of Auditor's Subdivision of Block 1 in East Red Wing, described, as follows:

Beginning at a point 50 feet westerly from the southeasterly corner of said Lot 58; running thence Westerly on the Southerly line of said Lot 50 feet, thence Northerly and parallel

to the Easterly line of said Lot 210 feet; thence Westerly and parallel with the Northerly line of East Fifth Street 52 feet to the Westerly line of said Lot 59; thence Northerly to the

Northwesterly corner of said Lot 59; thence Easterly along a Northerly

line of said Lots 58 and 59 to a point 50 feet Westerly from the Northeasterly corner of said Lot 58; thence Southerly and parallel to the Easterly line of said Lot 58,229 feet to the

point of beginning.

Which lies Westerly of the following described line:

Commencing at the Southeasterly corner of said Lot 58; thence on an assumed bearing of South 76 degrees 00 minutes 00 seconds West, along the Southerly line of Said Lot 58, a

distance of 100.00 feet to a placed iron pipe at die point of beginning of the line to be described; thence on a bearing of North 14 degrees 42 minutes 00 seconds West, a distance

of 50,00 feet to a placed iron pipe, thence North 11 degrees 12 minutes 00 seconds West, a distance of 35.00 feet to a placed iron pipe; thence North 16 degrees 03 minutes 30

seconds West, to the Westerly line of the above described property and there terminating.

PROPERTY ADDRESS: 332 5Th St E, Red Wing, MN 55066 .

PROPERTY IDENTIFICATION NUMBER: 55-020-0840

COUNTY IN WHICH PROPERTY IS LOCATED: Goodhue

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $119,842.41

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: August 26,2009, 2:00

PLACE OF SALE: Sheriffs Main Office, 430 West 6th St, Red Wing, MN 55066 :

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 mortgagors) the personal representatives or assigns.

"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: June 5, 2009

Mortgage Electronic Registration Systems, Inc.

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.

(June 9, 16, 23, 30, July 7, 14)