LB Community Bank & Trust, vs WhitneyNOTICE 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: September 18, 2000
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $134,254.00
MORTGAGOR(S): Richard W. Whitney III and Dawn T. Whitney, Husband and Wife
MORTGAGEE: LB Community Bank & Trust, FSB
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: LB Community Bank & Trust, FSB
SERVICER: MidFirst Bank
DATE AND PLACE OF FILING: Filed October 20, 2000, Dakota County Recorder, as Document Number 1725802, Thereafter modified by Second Amended Loan Modification Agreement dated Ocotber 31, 2006 and recorded March 8, 2007 as document number 2501098, thereafter modified by Loan Modification Agreement dated June 10, 2008 and recorded July 8, 2008 as document number 2600875, thereafter modified by Loan Modification Agreement dated December 28, 2010 and recorded May 18, 2011 as document number 2801321.
ASSIGNMENTS OF MORTGAGE: Assigned to: RBMG, Inc.; Dated: September 18, 2000 filed: October 20, 2000, recorded as document number 1725803; Thereafter assigned to Mortgage Electronic Registration Systems, Inc. dated May 4, 2001 and recorded May 10, 2001 as document number 1773606, thereafter assigned to MidFirst Bank dated October 9, 2006 and recorded October 17, 2006 as document number 2468879.
LEGAL DESCRIPTION OF PROPERTY:
Lot 7, Block 6, Dakota County Estates Sixth Addition
PROPERTY ADDRESS: 18316 Elm Tree Circle, Farmington, MN 55024
PROPERTY IDENTIFICATION NUMBER: 14 19505 06 070
COUNTY IN WHICH PROPERTY IS LOCATED: Dakota
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $193,466.70
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 13, 2012
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
Attorneys for Mortgagee
12550 West Frontage Road, Ste. 200
Burnsville, MN 55337