THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE IS HEREBY GIVEN THAT default has been made in the terms and conditions of the Amended and Restated Declaration of Wildwood Phase II, Common Interest Community No. 324, recorded in the office of the Registrar of Titles in and for Dakota County, Minnesota (the “Registrar”), as Document No. 440489 (the “Declaration”), and the Amended and Restated Bylaws (the “Bylaws”) of Wildwood Phase II Association (the “Association”), a Minnesota nonprofit corporation.
LEGAL DESCRIPTION OF PROPERTY:
Lot Five (5), Block Two (2) in Wildwood Fifth Addition, according to the recorded plat thereof, Dakota County, Minnesota,
which is registered land with Certificate of Title No. 152166.
ADDRESS OF PROPERTY: 8336 Upper 138th Court, Apple Valley, Minnesota 55124.
TAX PARCEL IDENTIFICATION NUMBER OF PROPERTY: 01-84194-02-050.
LIENEE:John Nichols (the “Lienee”).
LIENOR:Wildwood Phase II Association, a Minnesota nonprofit corporation.
AMOUNT DUE AND CLAIMED TO BE DUE TO THE ASSOCIATION ON THE LIEN DESCRIBED HEREIN, ON THE DATE OF THIS NOTICE: $5,863.90.
Said amount includes the unpaid annual assessment installments, a portion of a special assessment installment, late fees, costs of collection, and attorney’s fees incurred by the Association (all of said unpaid amounts are collectively referred to hereinafter as the “Debt”), all as assessed to and levied against said property by the Association pursuant to the Declaration, the Bylaws, and/or Minnesota Statutes Chapter 515B (“Chapter 515B”). Pursuant to Chapter 515B and the Declaration, the Debt creates a lien in favor of the Association against said property.
Pursuant to the Declaration, the Bylaws, and/or Chapter 515B, the Lienee is financially obligated to pay to the Association the Debt, as well as all assessments and/or installments thereof, late fees, costs of collection and foreclosure, attorney’s fees incurred by the Association in collection of the Debt and in foreclosure of the Association’s lien against said property, and all other amounts, which the Association assesses to and levies against said property from and after the date of this Notice, which additional amounts are part of said lien and are subject to this foreclosure.
DATE AND PLACE OF RECORDING OF LIEN: The verified Lien Statement in favor of the Association is dated October 9, 2012, and was recorded in the Registrar’s office on October 16, 2012, as Document No. T704567.
All pre foreclosure requirements have been complied with by the Association. There are no actions or proceedings instituted at law by the Association to recover the Debt or any part thereof. The Lienee has not been released from his personal obligation to pay the Debt.
Pursuant to the power of sale granted by the Lienee in taking title to said property, as provided in the Declaration and in Chapter 515B, said lien will be foreclosed by the sale of said property by the Sheriff of Dakota County, Minnesota, at the Dakota County Law Enforcement Center, 1580 Highway 55, S-100, Hastings, Minnesota 55033, on January 29, 2013, at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for all unpaid assessments or installments thereof, late fees, costs of collection and foreclosure, attorney’s fees, and all other amounts, assessed to and levied against said property by the Association through the date of said sale.
TIME ALLOWED BY LAW TO REDEEM: The Lienee, his personal representatives, or assigns, has the right to redeem said property within six months after the date of said sale.
The Lienee must vacate said property on or before 11:59 p.m., on July 29, 2013, if said lien is not reinstated under Minnesota Statutes Section 580.30, or if said property is not redeemed under Minnesota Statutes Section 580.23, or if said redemption period is not reduced under Minnesota law.
THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE LIENEE, OR THE LIENEE’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 LIENED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: December 3, 2012
WILDWOOD PHASE II ASSOCIATION
FELHABER, LARSON, FENLON & VOGT, P.A.
Fredrick R. Krietzman
Attorney Registration No. 211473
Attorneys for Lienor
220 South Sixth Street, Suite 2200
Minneapolis, Minnesota 55402
(612) 373 8418