NOTICE OF CANCELLATION OF CONTRACT FOR DEEDPublished 12:54pm Wednesday, November 21, 2012
(First Publication November 7, 2012)
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated November 30, 2001 and recorded on December 5, 2001 as Document Number 894024, in the Office of the County Recorder of Otter Tail County, Minnesota, in which Dwight E. Lahti and Joan R. Lahti, formerly known as Joan R. Anderson, husband and wife, as seller, sold to Tracey L. Shields, as purchaser, the real property in Otter Tail County, Minnesota, described as follows:
That part of Lot 1 of W. V. Smith’s Addition to New York Mills, Minnesota, described as follows:
Beginning at the southwest corner of said Lot 1, thence northerly on and along the west line thereof to the northwest corner thereof; thence easterly, on and along the north line of said Lot 1, a distance of 135 feet; thence southerly, on a line parallel with said west line, to the south line of said Lot 1; thence westerly, on and along said south line, to the point of beginning. Said parcel has also been known and referred to as “the west 135 feet of Lot 1 of W. V. Smith’s Addition to New York Mills, Mn., also known as William V. Smith’s Addition to New York Mills, MN.”
The Seller’s interest in the contract is now held by First National Acceptance Company by virtue of an Assignment of Contract for Deed dated May 30, 2006, recorded in the office of the Otter Tail County Recorder on July 24, 2006 as Document No. 1002365.
2. The default is as follows:
Purchaser has failed to:
A. Make payment of one (1) monthly payment of $310.56 for the month of June, 2012, which payment includes principal and interest, and three (4) monthly payments of $411.56 each for the months of July, 2012 through October, 2012, which payments include principal, interest, taxes and insurance, totaling $1,956.80.
B. Make payment of late charges totaling $100.00.
C. Make payment of accrued charges and expenses totaling $317.00.
The total amount of default, to date, is $2,373.80.
3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was N/A Dollars and the amount of the purchase price paid by the purchaser is N/A, which is N/A% of the purchase price, as calculated in the manner required by Minn. Stat. 559.21, subd. 1e.
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 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, $47.48 (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:
Michael R. Sauer
Attorney for Seller
8425 Seasons Parkway, Suite 105 Woodbury, Minnesota 55125
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:
8425 Seasons Parkway, Suite 105
Woodbury, Minnesota 55125
This person is authorized to receive the payments from you under this notice.
THIS INSTRUMENT WAS DRAFTED BY:
Wilford, Geske & Cook, P.A.
8425 Seasons Parkway, Suite 105
Woodbury, MN 55125
Publication Dates: November 7, 14, 21, 2012.