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Published August 30, 2012, 12:00 AM

Cherokee State Bank vs Quast

NOTICE OF MORTGAGE FORECLOSURE SALE

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: June 24, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $471,000.00

MORTGAGOR(S): Matthew J. Quast and Kari Stephney, single people

MORTGAGEE: Cherokee State Bank

LENDER: Cherokee State Bank

SERVICER: Bank of America, N.A.

DATE AND PLACE OF FILING: Filed June 25, 2004, Dakota County Recorder, as Document Number 2219946, Thereafter modified to increase the loan amount to $603,116.00 by Loan Modification Agreement dated January 14, 2005, recorded on March 2, 2005 as document number 2300298.

ASSIGNMENTS OF MORTGAGE: Assigned to: Tradition Mortgage, LLC; Dated: January 20, 2005 filed: March 2, 2005, recorded as document number 2300297; Thereafter assigned to Countrywide Document Custody Services a Division of Treasury Bank, N.A., dated January 14, 2005, recorded March 2, 2005 as document number 2300299. Thereafter assigned to Countrywide Home Loans, Inc., dated March 14, 2005, recorded March 13, 2006 as document number 2411732. Thereafter assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB3 dated January 11, 2012 recorded January 20, 2012 as Document Number 2843835.

LEGAL DESCRIPTION OF PROPERTY:

Lot 2, Block 6, Common Interest Community Number 357, Cobblestone Lake 3rd Addition CIC 357, according to the recorded plat thereof, and situated in Dakota County, Minnesota

PROPERTY ADDRESS: 15661 Duncan Path, Apple Valley, MN 55124

PROPERTY IDENTIFICATION NUMBER: 01.18052.06.020

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $648,843.59

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: March 29, 2012, 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.

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property, if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23, is 11:59 p.m. on October 1, 2012.

"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: February 3, 2012

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB3 Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Randolph W. Dawdy 2160X

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

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.

NOTICE OF POSTPONEMENT OF

MORTGAGE FORECLOSURE SALE

The above referenced sale scheduled for March 29, 2012, at 10:00 AM, has been postponed to July 17, 2012, at 10:00 AM, located at Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033, said County and State.

If this is an owner occupied, single-family dwelling, the premises must be vacated by January 17, 2013 at 11:59 PM.

Dated: April 18, 2012.

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB3 Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

Attorney for Assignee of Mortgagee

NOTICE OF POSTPONEMENT OF

MORTGAGE FORECLOSURE SALE

The above referenced sale scheduled for July 17, 2012, at 10:00 a.m., has been postponed to August 23, 2012, at 10:00 a.m., located at Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033, said County and State.

If this is an owner occupied, single-family dwelling, the premises must be vacated by February 25, 2013 at 11:59 PM.

Dated: July 17, 2012.

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB3 Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Randolph W. Dawdy - 2160X

Gary J. Evers - 0134764

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

Attorney for Assignee of Mortgagee

NOTICE OF POSTPONEMENT OF

MORTGAGE FORECLOSURE SALE

The above referenced sale scheduled for August 23, 2012, at 10:00 AM, has been postponed to October 2, 2012, at 10:00 AM, located at Dakota County Law Enforcement Center, 1580 Hwy 55, Lobby S-100, Hastings, MN 55033, said County and State.

If this is an owner occupied, single-family dwelling, the premises must be vacated by April 2, 2013 at 11:59 PM.

Dated: August 22, 2012.

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC., CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB3 Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Randolph W. Dawdy - 2160X

Gary J. Evers - 0134764

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

Attorney for Assignee of Mortgagee

11-074555

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