NOTICE OF ASSESSMENT LIEN FORECLOSURE-EAGAN GARDENS CONDOMINIUM ASSOCIATIONNOTICE OF ASSESSMENT LIEN FORECLOSURE SALE
NOTICE OF ASSESSMENT LIEN FORECLOSURE SALE
YOU ARE NOTIFIED THAT,
1. Default has occurred in the conditions of the Declarations of Eagan Gardens Condominium Association, Dakota County, Minnesota, by Nicholas W. Frey, as fee owner of the below-described property subject to said Declarations.
2. Pursuant to the Declarations of the Eagan Gardens Condominium Association filed for record with the Dakota County Recorder on April 29, 2005 as Document No. 2317456, and all amendments thereto, and Minnesota Statutes, a statutory lien exists for unpaid assessments and fees incurred from May 1, 2011 to the date of this notice.
3. No action or proceeding has been instituted at law to recover the debt secured by the statutory lien or any part thereof, or if an action has been instituted it has been dismissed or discharged prior to the commencement of these proceedings.
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 $2,993.00.
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 Eagan Gardens Condominium Association, the lien will be foreclosed and the land located at 4130 Rahn Road #117, Eagan, Minnesota 55122, in the County of Dakota, State of Minnesota, legally described as follows:
Unit No. B117, CIC No. 468, Eagan Gardens, Dakota County, Minnesota
will be sold by the sheriff of said county at public auction on December 2, 2011, 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 October 13, 2011
BERNICK, LIFSON, GREENSTEIN,
GREENE & LISZT, PA
Daniel B. Greenstein (142110)
Attorneys for Eagan Gardens Condominium Association
5500 Wayzata Boulevard, Suite 1200
Minneapolis, Minnesota 55416