Community Bank Corporation vs 6M AssociatesCASE TYPE: Breach of Contract/Foreclosure/Receivership
CASE TYPE: Breach of Contract/Foreclosure/Receivership
STATE OF MINNESOTA
COUNTY OF GOODHUE
FIRST JUDICIAL DISTRICT
Community Bank Corporation, a Minnesota corporation,
6M Associates, Inc., a Minnesota corporation; Pro-Build North, a Minnesota corporation; Lakeland Custom Remodeling & Contracting, Inc., a Minnesota corporation; Philip Minervino, an individual; Kenneth L. Bush, an individual; Melissa L. Bush, an individual; Jane and John Doe; and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein,
Court File No. 25-CV-12-988
NOTICE OF SHERIFF’S SALE
UNDER JUDGMENT AND DECREE – REAL PROPERTY
STATE OF MINNESOTA
COUNTY OF GOODHUE
NOTICE IS HEREBY GIVEN, that under and by virtue of the Findings of Fact, Conclusions of Law and Order for Judgment against Defendants 6M Associates, Inc., Pro-Build North, Lakeland Custom Remodeling & Contracting, Inc., Philip Minervino, Kenneth L. Bush, and Melissa L. Bush, dated July 20, 2012, and entered in the above entitled action on July 20, 2012, by the District Court of Goodhue County, Minnesota, First Judicial District (“Judgment”), a certified copy of which has been delivered to me, directing the sale of the premises hereinafter described to satisfy the amount found and adjudged due Plaintiff Community Bank Corporation (“Plaintiff”), as mortgagee and lender, in the above entitled action from 6M Associates, Inc. and Philip Minervino, the undersigned Sheriff of Goodhue County will sell at public auction, to the highest bidder, for cash, on October 24, 2012, at 10:00 a.m., at the Goodhue County Sheriff’s Office, 430 W. 6th Street, Red Wing, MN 55066, the premises and real estate, lying and being in the County of Goodhue, State of Minnesota, described in said Judgment, to wit (“Property”):
Lots One (1), Two (2), Three (3) and Four (4), Block One (1), Cannon River Bluffs Fifth Addition, according to the plat thereof on file or of record in the Office of the County Recorder, Goodhue County, Minnesota;
together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate describe above (all referred to as “Property”). The term Property includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however, established.
The Property is also identified by the following street addresses and parcel identification numbers:
Lot 1, Block 1:
Property address: 166 Cannonwood Drive, Red Wing, MN 55066
PIN #: 55.864.0010
Lot 2, Block 1:
Property address: 160 Cannonwood Drive, Red Wing, MN 55066
PIN #: 55.864.0020
Lot 3, Block 1:
Property address: 154 Cannonwood Drive, Red Wing, MN 55066
PIN #: 55.864.0030
Lot 4, Block 1:
Property address: 148 Cannonwood Drive, Red Wing, MN 55066
PIN #: 55.864.0040
The Property shall be sold to pay the debt then secured by that certain mortgage executed by 6M Associates, Inc., as mortgagor, in favor of Plaintiff, as mortgagee and lender dated September 10, 2008 (“Mortgage”), which was filed of record against the Property in the Office of Recorder for the County of Goodhue and State of Minnesota on September 11, 2008, as Document No. 559157 (“Mortgage”), the principal amount secured by the Mortgage being $405,000.00. The total amount due and owing on the Mortgage as of the date of the Judgment is $398,535.05, plus interest, costs, and attorneys’ fees that have accrued since the entry of the Judgment, and will continue to accrue.
The time allowed by law for redemption by the Mortgagor, the Mortgagor’s personal representatives, successors, or assigns is six months from the date of said sale. Each holder of a junior lien may redeem in the order and manner provided in Minn. Stat. §§ 580.24 and 580.25, beginning after the expiration of the Mortgagor's redemption period.
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 this 16thday of Aug, 2012. SCOTT T. MCNURLIN
Sheriff of Goodhue County
By:Beverly A. Mattson
FAFINSKI MARK & JOHNSON, P.A.
Christopher J. Knapp, #0344412
775 Prairie Center Drive, Suite 400
Eden Prairie, Minnesota 55344
ATTORNEYS FOR PLAINTIFF
COMMUNITY BANK CORPORATION 8/15-9/19