Beneficial Loan and Thrift Co. vs Eastgate

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: November 24, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $160,823.34

MORTGAGOR(S): Todd A. Eastgate and Sherry K. Marler AKA Sherry K. Eastgate, Husband and Wife

MORTGAGEE: Beneficial Loan and Thrift Co.

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Beneficial Loan and Thrift Co.

SERVICER: HSBC Consumer Lending USA Inc.

DATE AND PLACE OF FILING: Filed December 20, 2004, Dakota County Recorder, as Document Number 2277781

LEGAL DESCRIPTION OF PROPERTY:

Lot 5, Block 3, Greenleaf Townhomes Sixth Addition, together with the benefits and subject to the burdens of Declaration of Covenants, Conditions and Restrictions filed July 18, 1985 as Document No. 452757

PROPERTY ADDRESS: 13577 Everton Ave, Apple Valley, MN 55124

PROPERTY IDENTIFICATION NUMBER: 01.31105.03.050

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $150,005.39

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: November 8, 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 May 8, 2013.

"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: September 11, 2012

Beneficial Loan and Thrift Co.

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

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.

12-086187

9/20-10/25

Tags: public notices, foreclosures