November 10, 17, 24,
December 1, 8, 15, 2012
NOTICE OF MORTGAGE FORECLOSURE SALE
Minnesota Uniform Conveyancing Blanks
Minn. Stat. 580.025, 580.04
Form 60.2.1 (2009)
DATE: November 1, 2012
YOU ARE NOTIFIED that default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE FORECLOSED
1.Date of Mortgage: September 20, 2007
2.Mortgagor(s): Eduardo Mota and Theresa Holt-Mota, husband and wife.
3.Mortgagees: First Independent Bank.
4. Recording Information: Recorded on October 1, 2007, as Document Number 173206, in the Office of the County Recorder of Lyon County, Minnesota.
5. Assignments of Mortgage, if any: Not Applicable.
INFORMATION REGARDING MORTGAGED PREMISES
6. Tax parcel identification number of the mortgaged premises: 31-132025-0.
7.Legal description of the mortgaged premises: Lot Twelve (12), Block Two (2) W. O. Lichty's First Addition to the City of Tracy, according to the recorded plat thereof.
8.The physical street address, city, and zip code of the mortgaged premises: 149 State Street, Tracy, Minnesota 56175.
OTHER FORECLOSURE DATA
9.The person holding the Mortgage: is not a transaction agent, as defined by Minn. Stat. 58.02, subd. 30. The name(s) of the residential mortgage servicer and the lender or broker, as defined in Minn. Stat. 58.02, is First Independent Bank.
10.If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is/are Not Applicable.
INFORMATION REGARDING FORECLOSURE
11.The requisites of Minn. Stat. 580.02 have been satisfied.
12.The original principal amount secured by the Mortgage was $18,000.00.
13.At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage, is: $15,972.27.
14.Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Lyon County, Minnesota, at public auction on January 10, 2013, at 10:00 a.m. at the Lyon County Sheriff's Office at 611 West Main Street, Marshall, MN 56258.
15.The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is six (6) months after the date of sale.
16.Minn. Stat. 580.04(b) provides, "If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23." If this statute applies, the time to vacate the property is 11:59 p.m. on July 10, 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WILL BE USED FOR THIS PURPOSE.
Name and address of Attorney for Mortgagee
Name of Mortgagee or Mortgage Assignee:
or Mortgage Assignee:
First Independent Bank
/s/ Paul E. Stoneberg
Paul E. Stoneberg
STONEBERG, GILES & STROUP, P.A.
300 South O'Connell Street
Marshall, MN 56258
Attorney Reg. No: 105892