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Foreclosure: Fox

Friday, June 12, 2009 - 6:32pm

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: May 28, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $261,000.00

MORTGAGOR(S): Mark W Fox and Patricia A Fox, Husband and Wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100020070773738890

LENDER: Merrill Lynch Credit Corporation

SERVICER: PHH Mortgage Corporation

DATE AND PLACE OF FILING: Filed August 24, 2004, Dakota County Recorder, as Document Number 2241122

ASSIGNMENTS OF MORTGAGE: Assigned to: PHH Mortgage Corporation; Dated: April 14, 2009

LEGAL DESCRIPTION OF PROPERTY:

Lot 23, Block 2, Biscayne Pointe Fourth Addition

PROPERTY ADDRESS: 2167 140Th Street, Rosemount, MN 55068

PROPERTY IDENTIFICATION NUMBER: 34 14503 230 02

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $267,293.94

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: June 4, 2009, 10:00am

PLACE OF SALE: Sheriff's Main Office, Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033

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.

"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: April 17, 2009

PHH Mortgage Corporation

Assignee of Mortgagee

NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE

The above referenced sale scheduled for June 4, 2009, at 10:00 AM, has been postponed to August 4, 2009, at 10:00 AM, located at Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033, said County and State.

Dated: June 4, 2009.

PHH Mortgage Corporation

Assignee of Mortgagee

SHAPIRO, NORDMEYER & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Kristine M. Spiegelberg - 308845

Ryan D. Krumrie - 0387859

Attorney for Assignee of 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.

09-057287

6/11


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