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Published November 01, 2012, 12:00 AM

Wells Fargo Bank, N.A vs Smart

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: October 21, 2004

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $231,850.00

MORTGAGOR(S): Scott A. Smart and Maria E. Smart, husband and wife

MORTGAGEE: Wells Fargo Bank, N.A.

LENDER: Wells Fargo Bank, N.A.

SERVICER: Bank of America, N.A.

DATE AND PLACE OF FILING: Filed November 9, 2004, Dakota County Registrar of Titles, as Document Number 551831

ASSIGNMENTS OF MORTGAGE: Assigned to: Countrywide Document Custody Services, a Division of Treasury Bank, N.A.; Dated: October 21, 2004 filed: November 9, 2004, recorded as document number 551832; Thereafter assigned to Countrywide Home Loans, Inc., dated February 22, 2006, recorded March 7, 2006 as Document Number 585948; Thereafter assigned to Countrywide Home Loans Servicing LP, dated November 25, 2005, recorded May 8, 2006 as Document Number 589610.

LEGAL DESCRIPTION OF PROPERTY:

Lot Four (4), Block Seven (7) in Town's View Estates

REGISTERED PROPERTY

PROPERTY ADDRESS: 1343 21St Street W, Hastings, MN 55033

PROPERTY IDENTIFICATION NUMBER: 19-77000-07-040 Cert. No. 134107

COUNTY IN WHICH PROPERTY IS LOCATED: Dakota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $215,730.87

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: June 21, 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 December 21, 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: April 27, 2012

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

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

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 June 21, 2012, at 10:00 AM, has been postponed to August 21, 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 February 21, 2013 at 11:59 PM.

Dated: June 22, 2012.

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

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 21, 2012, at 10:00 AM, has been postponed to October 19, 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 19, 2013 at 11:59 PM.

Dated: August 20, 2012.

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

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 October 19, 2012, at 10:00 AM, has been postponed to November 29, 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 May 29, 2013 at 11:59 PM.

Dated: October 22, 2012.

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

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

12-081330

11/1

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