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Cancellation of Contract For Deed

Minnesota Uniform Conveyancing Blanks

September 7, 2012
Marshall Independent

September 7, 14, 21, 2012

NOTICE OF CANCELLATION OF CONTRACT FOR DEED

Minnesota Uniform Conveyancing Blanks

Form 30.4.1 (2006)

YOU ARE NOTIFIED:

1. Default has occurred in the Contract for Deed ("Contract") dated December 7, 2010 and recorded on December 8, 2010, as Document Number 188644, in the Office of the County Recorder of Lyon County, Minnesota, in which Ronald Richard Kimpe and Bobbi Jo Kimpe, married to each other, as seller, sold to Jeremy Luckhardt, as purchaser, the real property in Lyon County, Minnesota, described as follows:

Original Plat, Southeasterly 65 feet of Lot 21, Block 4, Balaton, MN.

Check here if all or part of the described real property is Registered (Torrens)

2. The default is as follows: Failure to pay monthly payments of $214.11 on April 8, 2012, May 8, 2012, June 8, 2012, July 8, 2012 and August 8, 2012. Failure to pay real estate taxes payable in 2011 of $420 together with penalty and interest thereon. Failure to pay first half of real estate taxes payable in 2012 of $162, together with penalty thereon. Failure to maintain hazard insurance.

3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was ____________ Dollars ($__) and the amount of the purchase price paid by the purchaser is ____________ Dollars ($___), which is ____% of the purchase price, as calculated in the manner required by Minn. Stat. 559.21, subd. 1e. Not Applicable.

4. The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.

5. THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE. THE CONTRACT WILL TERMINATE NINETY (90) DAYS AFTER THE FIRST DATE OF PUBLICATION OF THIS NOTICE UNLESS BEFORE THEN:

(a.) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:

(1.) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS

(2.) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS

(3.) $500.00 TO APPLY TO ATTORNEYS' FEES ACTUALLY EXPENDED OR INCURRED; PLUS

(4.)FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS

(5.) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $21.42 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR

(b.) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.

IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.

6. The name, mailing address, street address or location and telephone number of the seller or of an attorney authorized by the seller to accept payments pursuant to this notice is:

Name: Paul E. Stoneberg

Attorney for Seller

STONEBERG, GILES & STROUP, P.A.

Mailing Address: 300 South O'Connell Street

Marshall, MN 56258

Telephone: (507) 537-0591

Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:

Paul E. Stoneberg

300 South O'Connell Street

Marshall, MN 56258

Telephone: (507) 537-0591

This person is authorized to receive the payments from you under this notice.

/s/ Paul E. Stoneberg

Signature [Optional-See Minn. Stat. 559.27, subd. 4(e)]

THIS INSTRUMENT WAS DRAFTED BY:

Paul E. Stoneberg

STONEBERG, GILES & STROUP, P.A.

300 South O'Connell Street

Marshall, MN 56258

Telephone: (507) 537-0591

Attorney Reg. No: 105892

 
 

 

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