NOTICE OF ASSESSMENT LIEN FORECLOSURE SALE
YOU ARE NOTIFIED THAT,
1.Default has occurred in the conditions of the Declarations of Donnay's Burnsville Heights Townhomes Association, Dakota County, Minnesota, by Elaine M. Michaels, as fee owner of the below-described property subject to said Declarations.
2.Pursuant to the Declarations of the Donnay's Burnsville Heights Townhomes Association filed for record with the Dakota County Recorder on June 8, 1995 as Document No. 1282560 and filed in the Office of the Registrar of Titles for Dakota County on June 8, 1995 as Document No. 320891, and all amendments thereto, and Minnesota Statutes, a statutory lien exists for unpaid assessments and fees incurred from December 1, 2010 to the date of this notice.
3.A previous action was instituted to recover a portion of this debt in Court File No. 19HA-CV-11-4243. That action has been discontinued and an execution upon the judgment rendered there in has been returned unsatisfied in whole.
4.The holder of the lien has complied with all conditions precedent to acceleration of the debt secured by the assessment lien and foreclosure of said lien, and all notice and other requirements of applicable statutes.
5.As of the date of this notice the amount due, after acceleration pursuant to the Association's Declarations and By-laws, is $11,176.49.
6.As of the date of this notice, the names of all parties that have been released from liability for the assessment lien are as follows: NONE.
7.Pursuant to the provisions of the Declarations of the Donnay's Burnsville Heights Townhomes Association, the lien will be foreclosed and the land located at 2240 Williams Drive, Burnsville, Minnesota 55337, in the County of Dakota, State of Minnesota, legally described as follows:
Lot 19, Block 1, CIC No. 126, Donnays Burnsville Heights, EXCEPT that part lying southerly of the following described line: Beginning at a point on the east line of the East ½ of the East ½ of the West ½ of Section 14, Township 115, Range 21, Dakota County, Minnesota, distant 1544.00 feet south of the northeast corner of said East ½ of the East ½ of the West ½; thence South 71 degrees 40 minutes 00 seconds West (assuming said east line bears North), a distance of 577.50 feet and said line there terminating (Abstract Property)
That part of Lot Nineteen (19), Block One (1), DONNAYS BURNSVILLE HEIGHTS, a planned community, Common Interest Community Number 126 in Dakota County, Minnesota, according to the recorded plat thereof, lying southerly of the following described line: Beginning at a point on the east line of the East Half of the East Half of the West Half of Section 14, Township 115, Range 21, Dakota County, Minnesota, distant 1544.00 feet south of the northeast corner of said East Half of the East Half of the West Half; thence South 71 degrees 40 minutes 00 seconds West (assuming said east line bears North), a distance of 577.50 feet and said line there terminating (Torrens Property)
will be sold by the sheriff of said county at public auction on July 25, 2013, at 10:00 a.m., at the Dakota County Sheriff's Office, 1580 Highway 55, Hastings, Minnesota 55033 in said county and state, to pay the debt then secured by said lien, including any additional assessments and late fees that may become due through the date of sale, along with the costs, attorneys fees and disbursements allowed by law.
8.The time allowed by law for redemption by the mortgagors, or mortgagor's personal representatives or assigns is six (6) months after the date of said sale.
9.THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS' PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTE, 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.
10.THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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.
Dated as of June 6, 2013
BERNICK LIFSON, PA
Daniel B. Greenstein (142104)
Attorneys for Donnay's Burnsville Heights Townhomes Association
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416