Goodhue County's No. 1 news Web site

Published October 31, 2012, 12:00 AM

Mortgage Electronic Registration Systems, Inc vs Westlund

NOTICE OF MORTGAGE

NOTICE OF MORTGAGE

FORECLOSURE SALE

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

DATE OF MORTGAGE: May 21, 2007

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $195,000.00

MORTGAGOR(S): Timothy M. Westlund and Laurie R. Westlund, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Sallie Mae Home Loans, Inc., its successors and assigns

DATE AND PLACE OF RECORDING:

Recorded: May 30, 2007 Goodhue County Recorder

Document Number: A 545303

AND CORRECTIVE MORTGAGE RECORDING: September 19, 2012 Goodhue County Recorder

Document Number: A-598276

ASSIGNMENTS OF MORTGAGE:

And assigned to: BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP

Dated: May 06, 2011

Recorded: May 13, 2011 Goodhue County Recorder

Document Number: A 585632

Transaction Agent: Mortgage Electronic Registration Systems, Inc.

Transaction Agent Mortgage Identification Number: 100094600000489288

Lender or Broker: Sallie Mae Home Loans, Inc.

Residential Mortgage Servicer: Bank of America, N.A.

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Goodhue

Property Address: 12889 440th St, Wanamingo, MN 55983-1445

Tax Parcel ID Number: 38-020-1101

38-019-0501

LEGAL DESCRIPTION OF PROPERTY: That part of the East Half of the Southeast Quarter of Section 19, Township 110 North, Range 16 West and that part of the West Half of the Southwest Quarter of Section 20, township 110 North, Range 16 West, all in Goodhue County, Minnesota, described as follows:

Commencing at the southeast comer of said Section 19; thence on an assumed bearing of South 89 degrees 27 minutes 22 seconds West, along the south line of the Southeast Quarter of said Section 19, a distance of 1157.50 feet; thence North 00 degrees 32 minutes 38 seconds West, a distance of 2227.57 feet to an iron pipe at the point of beginning of the land to be described; thence South 73 degrees 03 minutes 19 seconds East, a distance of 1926.54 feet to an iron pipe; thence South 78 degrees 51 minutes 15 seconds East, a distance of 128.93 feet to an iron pipe; thence South 02 degrees 14 minutes 50 seconds East, a distance of 505.11 feet to an iron pipe; thence South 22 degrees 49 minutes 10 seconds East, a distance of 529.70 feet to an iron pipe; thence South 40 degrees 19 minutes 07 seconds East, a distance of 151.72 feet to an iron pipe; thence South 69 degrees 07 minutes 28 seconds East, a distance of 218 feet, more or less, to the east line of the West Half of the Southwest Quarter of said Section 20; thence southerly, along said east line, a distance of 444 feet, more or less, to the southeast corner of the west Half of the Southwest Quarter of said Section 20; thence on a bearing of West, along the south line of the Southwest Quarter of said Section 20, a distance of 1040.46 feet thence North 18 degrees 47 minutes 33 seconds East, a distance of 219.51 feet to an iron pipe; thence South 84 degrees 26 minutes 59 seconds East, a distance of 544.18 feet to an iron pipe; thence North 08 degrees 45 minutes 21 seconds West, a distance of 639.56 feet to an iron pipe; thence North 30 degrees 17 minutes 18 seconds West, a distance of 272.15 feet to an iron pipe; thence North 67 degrees 46 minutes 07 seconds West, a distance of 273.59 feet to an iron pipe at a point to be hereinafter referred to as Point A; thence North 24 degrees 25 minutes 18 seconds East, a distance of 128.73 feet to an iron pipe; thence North 18 degrees 04 minutes 37 seconds west, a distance of 318.68 feet to an iron pipe; thence North 67 degrees 52 minutes 24 seconds West, a distance of 283.86 feet to an iron pipe; thence South 17 degrees 48 minutes 44 seconds West, a distance of 359.72 feet to an iron pipe; thence North 74 degrees 25 minutes 34 seconds West, a distance of 316.02 feet to an iron pipe; thence South 00 degrees 46 minutes 28 seconds East. a distance of 1398.23 feet to the south line of the Southeast Quarter of said Section 19; thence South 89 degrees 27 minutes 22 seconds West, along said south line, a distance of 45.06 feet; thence North 00 degrees 33 minutes 44 seconds West, a distance of 1333.36 feet to an iron pipe; thence North 85 degrees 00 minutes 32 seconds West, a distance of 176.85 feet to an iron pipe; thence North 70 degrees 03 minutes 38 seconds West, a distance of 198.21 feet to an iron pipe; thence North 53 degrees 59 minutes 29 seconds West, a distance of 138.53 feet to an iron pipe; thence North 77 degrees 05 minutes 38 seconds West, a distance of 500 feet, more or less, to the west line of the East Half of the Southeast Quarter of said Section 19; thence northerly, along said west line, a distance of 1010 feet, more or less, to the northwest corner of the East Half of the Southeast Quarter of said Section 19; thence easterly along the north line of the East Half of the Southeast Quarter of said Section 19 a distance of 120 feet, more or less, to the intersection with a line bearing North 03 degrees 08 minutes 09 seconds West from the point of beginning; thence South 00 degrees 08 minutes 09 seconds East, a distance of 400 feet, more or less, to the point of beginning, containing 39 acres, more or less.

Subject to a roadway easement over, under and across that part taken by the Township Road, named 440th Street.

Also subject to a 40.00 foot wide easement for driveway and utility purposes over, under and across the above described property. The centerline of said easement is described as follows:

Commencing at the iron pipe at the point of beginning of the above described parcel; thence South 73 degrees 03 minutes 19 seconds East, along the northeasterly line of the above described parcel, a distance of 858.34 feet to the point of beginning of the easement centerline to be described; thence South 09 degrees 25 minutes 46 seconds West, a distance of 22.08 feet; thence South 55 degrees 41 minutes 59 seconds East, a distance of 81.18 feet; thence South 14 degrees 02 minutes 31 seconds West, a distance of 80.43 feet; thence North 67 degrees 30 minutes 27 seconds West, a distance of 110.40 feet; thence South 17 degrees 57 minutes 26 seconds West, a distance of 39.84 feet; thence South 52 degrees 23 minutes 06 seconds East, a distance of 86.95 feet; thence South 39 degrees 32 minutes 18 seconds East, a distance of 240.61 feet; thence South 26 degrees 59 minutes 28 seconds West, a distance of 157.91 feet; thence South 79 degrees 50 minutes 29 seconds West, a distance of 64.84 feet; thence South 00 degrees 40 minutes 16 seconds East, a distance of 1437.51 East to the south line of the Southeast Quarter of said Section 19 and there terminating.

The sidelines of said easement are to be extended or shortened to terminate at the northeasterly line of the above described parcel and at the south line of the Southeast Quarter of said Section 19.

AND ALSO subject to a 40.00 foot Wide easement for driveway and utility purposes over, under and across part of the above described parcel. The centerline of said easement is described as follows: Commencing at an iron pipe at Point A, as described above; thence North 24 degrees 25 minutes 18 seconds east, along the westerly line of the above described parcel, a distance of 17.79 feet to the point of beginning of the easement centerline to be described; thence South 72 degrees 25 minutes 35 seconds East, a distance of 143.25 feet; thence South 85 degrees 58 minutes 24 seconds East, a distance of 62.86 feet; thence South 64 degrees 57 minutes 35 seconds East, a distance of 46.52 feet; thence North 72 degrees 40 minutes 19 seconds East, a distance of 68.66 feet; thence North 19 degrees 12 minutes 17 seconds west, a distance of 110.99 feet; thence North 16 degrees 16 minutes 24 seconds East, a distance of 228.37 feet; thence North 06 degrees 47 minutes 50 seconds East, a distance of 167.69 feet; thence North 28 degrees 57 minutes 19 seconds East; a distance of 19.86 feet to the northeasterly line of the above described parcel and there terminating.

The sidelines of said easement are to be extended or shortened to terminate at the boundary lines of the above described parcel.

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $212,985.35

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 02, 2013 at 11:00 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 twelve (12) 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 January 02, 2014, or the next business day if January 02, 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: October 31, 2012

ASSIGNEE OF MORTGAGEE: Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP

Wilford, Geske & Cook P.A.

Attorneys for Assignee of Mortgagee

8425 Seasons Parkway, Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 021043F01

10/31-12/5

Tags:

More from around the web