Amended Notice MF Garry & Annette Switzer vs. AgStar FinanicalAMENDED NOTICE
Date: May 21, 2012
YOU ARE NOTIFIED THAT default has occurred in the conditions of the following described Mortgage:
MORTGAGE TO BE FORECLOSED
1.The Mortgagors are Garry C. Switzer and Annette K. Switzer, Trustees, under the Garry C. Switzer Living Trust dated February 7, 1997, and Garry C. Switzer and Annette K. Switzer, Trustees, under the Annette K. Switzer Living Trust dated February 7, 1997.
2.The Mortgagee is AgStar Financial Services, FLCA, a federally chartered corporation.
3.The Mortgage is dated June 17, 2005, and was recorded in the office of the County Recorder of Dakota County, Minnesota, on June 21, 2005, as Document Number 2332287, as amended by a Partial Release of Mortgage dated September 11, 2009, and recorded in the office of the County Recorder of Dakota County, Minnesota, on September 30, 2009, as Document Number 2687548.
4.The Mortgage has not been assigned.
5.The tax parcel identification number of the mortgaged premises is 07-03000-76-013.
6.The legal description of the mortgaged premises is:
The North Half of the Southeast Quarter (N½SE¼) lying Easterly of the Easterly right of way line of SLRCO, Inc. (formerly the Chicago, Milwaukee, St. Paul, and Pacific Railroad Company), in Section 30, Township 113 North, Range 19 West, Dakota County, Minnesota, excepting therefrom the following parcels:
The South 361.00 feet of the North 461.00 feet of the East 293.00 feet thereof.
The South 448.00 feet of the East 367.00 feet thereof.
That part of the North Half of the Southeast Quarter (N½SE¼) of Section 30, Township 113, Range 19, Dakota County, Minnesota, lying easterly of the easterly right-of-way line of the Chicago, Milwaukee, St Paul and Pacific Railroad and lying southerly and westerly of the following described lines: Commencing at the Northeast corner of the Southeast Quarter of said Section 30; thence South 0°16'27" East (assumed bearing) along the East line of said Southeast Quarter a distance of 869.79 feet to the North line of the South 448.00 feet of said Southeast Quarter and the point of beginning of the lines to be described; thence North 89°37'30" West, along said North line a distance of 600.04 feet; thence North 00°16'27" West parallel to the East line of said Southeast Quarter a distance of 719.48 feet to the South line of the North 150.00 feet of said Southeast Quarter; thence North 89°39'11"West along said South line a distance of 1186.87 feet to the easterly right-of-way line of said railroad and there terminating. Subject to the Minnesota State Trunk Highway No 3 over and across the east side thereof. Except the North 348.00 feet of the South 448.00 feet of the East 420.00 feet of the North Half of the Southeast Quarter of Section 30, Township 113, Range 19, Dakota County, Minnesota
Subject to existing highways, easements and rights of way of record.
7.The physical street address, city, and zip code of the mortgaged premises is 26601 Chippendale Avenue, Northfield, Minnesota 55057-5319.
OTHER FORECLOSURE DATA
8.This Mortgage is not a residential mortgage loan within the meaning of the Minnesota Residential Mortgage Originator and Servicer Licensing Act. Accordingly, there is no transaction agent, residential mortgage servicer, lender, broker, or residential mortgage originator.
9. The requisites for foreclosure under the Minnesota Statutes on foreclosure by advertisement have been satisfied.
10. The original principal amount secured by the Mortgage was $388,500.00.
11. At the date of this Notice, the amount due on the Mortgage, including taxes (if any), paid by the holder of the Mortgage, is $165,028.79.
12. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the Sheriff of Dakota County, Minnesota, will sell the mortgaged premises at public auction on July 10, 2012, at 10:00 a.m., at the Dakota County Sheriff’s Office in the Dakota County Law Enforcement Center, 1580 Highway 55, in the City of Hastings, Minnesota.
13. The time allowed by law for redemption by the Mortgagor or the personal representatives or assigns of the Mortgagor is six months after the date of sale.
14. If the real estate is an owner-occupied single-family dwelling, the time to vacate the property if the Mortgage is not reinstated under Minnesota Statutes, section 580.30, or if the property is not redeemed under Minnesota Statutes, section 580.23, is 11:59 p.m. on the 21st day of November 2012.
15. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGORS’ 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.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
AgStar Financial Services, FLCA, Mortgagee
DUNLAP & SEEGER, P.A.
By: /e/ Paul W. Bucher
Paul W. Bucher
Attorney Registration No. 123237
Attorneys for Mortgagee
206 South Broadway, Suite 505
Post Office Box 549
Rochester, Minnesota 55903-0549
Telephone: (507) 288-9111