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Published October 04, 2012, 12:00 AM

Mortgage Electronic Registration Systems, Inc vs Peterson

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: May 1, 2003

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $270,000.00

MORTGAGOR(S): Stephen A. Peterson and Heather M. Peterson

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF FILING: Filed May 7, 2010, Dakota County Recorder, as Document Number 2728970, as Exhibited in Findings of Fact, Conclusions of Law and Order for Judgment and Judgment dated April 15, 2010

ASSIGNMENTS OF MORTGAGE: Assigned to: GMAC Mortgage, LLC; Dated: August 10, 2012 filed: August 15, 2012, recorded as document number 2887424

MORTGAGE ORIGINATOR: Not Applicable

TRANSACTION AGENTS: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENTS MORTGAGE ID NUMBER: 100037506006569322

SERVICER: GMAC Mortgage, LLC

LENDER: GMAC Bank

LEGAL DESCRIPTION OF PROPERTY:

Commencing at the Southeast (SE) corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section Six (6), Township One Hundred Thirteen (113), Range Seventeen (17), thence West along the South line of said Section Six (6), A distance of 297 feet; thence due North at right angles a distance of 440 feet; thence due East at right angles a distance of 297 feet; thence South at right angles and along a line parallel with the East side line of said Section Six (6), a distance of 440 feet, to the point of beginning according to the Government Survey thereof

STREET ADDRESS OF PROPERTY: 10215 230Th Street East, Hastings, MN 55033

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

TAX PARCEL IDENTIFICATION NUMBER: 09-00600-83-010

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $239,866.52

THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statues;

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 20, 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 actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law.

The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6 months from the date of sale.

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 20, 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 24, 2012

GMAC Mortgage, LLC

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

(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.

12-085991

10/4-11/8

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