NOTICE OF MORTGAGEFORECLOSURE SALE
NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated the 21st day of December, 2001, executed by Dennis M. Biermaier and Robin K. Biermaier, husband and wife, as mortgagors, to Homeowners Mortgage Corporation, as Mortgagee, filed with the Dakota County Recorder on January 30, 2002, as Document No. 1857722; which Mortgage was assigned to Washington Mutual Home Loans, Inc. by that certain Assignment of Mortgage dated December 27, 2001, and filed with the Dakota County Recorder on January 30, 2002, as Document No. 1857723; which Mortgage was then assigned by Washington Mutual Home Loans, Inc., successor to Fleet Mortgage Corp., to Homeowners Mortgage Corporation by that certain Assignment of Security Interest dated June 7, 2002, and recorded on April 16, 2003, as Document No. 2031113; and which Mortgage was further assigned by Homeowners Mortgage Corporation to First Federal, fsb, n/k/a MidCountry Bank, by that certain Assignment of Mortgage dated June 8, 2002, and filed with the Dakota County Recorder on April 16, 2003, as Document No. 2031112;
NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated the 21st day of December, 2001, executed by Dennis M. Biermaier and Robin K. Biermaier, husband and wife, as mortgagors, to Homeowners Mortgage Corporation, as Mortgagee, filed with the Dakota County Recorder on January 30, 2002, as Document No. 1857722; which Mortgage was assigned to Washington Mutual Home Loans, Inc. by that certain Assignment of Mortgage dated December 27, 2001, and filed with the Dakota County Recorder on January 30, 2002, as Document No. 1857723; which Mortgage was then assigned by Washington Mutual Home Loans, Inc., successor to Fleet Mortgage Corp., to Homeowners Mortgage Corporation by that certain Assignment of Security Interest dated June 7, 2002, and recorded on April 16, 2003, as Document No. 2031113; and which Mortgage was further assigned by Homeowners Mortgage Corporation to First Federal, fsb, n/k/a MidCountry Bank, by that certain Assignment of Mortgage dated June 8, 2002, and filed with the Dakota County Recorder on April 16, 2003, as Document No. 2031112;
That no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage;
That the original or maximum principal amount secured by the mortgage was One Hundred Twenty-Eight Thousand and No/100 DOLLARS ($128,000.00);
That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of Eighty-Two Thousand Five Hundred Fifty-Six and 88/100 DOLLARS ($82,556.88);
And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying and being in the County of Dakota, State of Minnesota, described as follows, to-wit:
The North 392.33 feet of the West 555.14 feet of the Northwest Quarter of the Southwest Quarter of Section 32, Township 27, Range 22, according to the U.S. Government Survey thereof; will be sold by the sheriff of said county at public auction on the 25th day of March, 2010, at 10:00 o'clock a.m., at Lobby S-100, Dakota County Law Enforcement Center, 1580 Highway 55 in the City of Hastings, in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the mortgagors, their personal representative or assigns within twelve (12) months from date of sale.
The real property's street address is: 11530 Akron Avenue East, Inver Grove Heights, MN 55077.
The real property's identification number is: 20-03200-012-50.
The mortgage originator: Homeowners Mortgage Corporation.
TIME AND DATE TO VACATE PROPERTY: If the subject real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagors must vacate the property if the mortgage is not reinstated under Minnesota Statutes Section 580.30 or if the property redeemed under Minnesota Statutes Section 580.23 is 11:59 p.m. on March 25, 2011.
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 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 this 8th day of January, 2010.
MidCountry Bank, Mortgagee
/s/ Justin P. Weinberg
Justin P. Weinberg #313798
GISLASON & HUNTER LLP
Attorneys for Mortgagee
2700 South Broadway
P. O. Box 458
New Ulm, MN 56073-0458
Phone: 507-354-3111
Fax: 507-354-8447
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Tags: public notices, foreclosures
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