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Foss postponement of mortgage foreclosure sale

Published 08:38 a.m., November 20, 2009

(First Publication November 20, 2009)

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE:

October 31, 2007

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $99,538.00

MORTGAGOR(S): Gary M. Foss and Melanie Foss, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF RECORDING:

Recorded: November 05, 2007 Otter Tail County Recorder

Document Number: 1029193

ASSIGNMENTS OF MORTGAGE:

And assigned to: U.S. Bank National Association

Dated:

September 11, 2009

Recorded: September 23, 2009 Otter Tail County Recorder

Document Number: 1063762

Transaction Agent: Mortgage Electronic Registration Systems, Inc.

Transaction Agent Mortgage Identification Number: 100249120000123658

Lender or Broker: Marketplace Home Mortgage, LLC

Residential Mortgage Servicer: U.S. Bank Home Mortgage

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Otter Tail

Property Address: 36413 Rush Lake Loop, Ottertail, MN 56571-9430

Tax Parcel ID Number: 53-000-22-0133-007

LEGAL DESCRIPTION OF PROPERTY: That part of Government Lot 2, Section 22, Township 135 North, Range 39 West, Otter Tail County, Minnesota, described as follows: Commencing at the East Quarter Section corner of said Section 22; thence North 88 degrees 44 minutes 44 seconds West (Assumed Bearing) along the North line of said Government Lot 2 a distance of 33.03 feet; thence South 00 degrees 49 minutes 00 seconds East a distance of 350.72 feet to the point of beginning; thence South 89 degrees 25 minutes 55 seconds West a distance of 302.57 feet to the Easterly Right of Way line of State Highway Number 78; thence South 00 degrees 49 minutes 00 seconds East a distance of 200.10 feet; thence North 89 degrees 19 minutes 40 seconds East a distance of 302.57 feet; thence North 00 degrees 49 minutes 00 seconds West a distance of 199.55 feet to the point of beginning.

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $101,712.04

THAT all pre-foreclosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

PURSUANT to the power of sale contained in said mortgage, the above-described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: November 19, 2009 at 10:00 AM

PLACE OF SALE: North door of the Courthouse, 121 West Junius Avenue, Fergus Falls, Minnesota

to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law, subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns.

If the Mortgage is not reinstated under Minn. Stat. §580.30 or the property is not redeemed under Minn. Stat. §580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on July 21, 2010, or the next business day if July 21, 2010 falls on a Saturday, Sunday or legal holiday.

Mortgagor(s) released from financial obligation: NONE

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.

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.

DATED:

September 24, 2009

ASSIGNEE OF MORTGAGEE: U.S. Bank National Association

Wilford & Geske, P.A.

Attorneys for Assignee of Mortgagee

Lawrence A. Wilford

James A. Geske

8425 Seasons Parkway, Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 008772F01

NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE

The above referenced sale scheduled for November 19, 2009 at 10:00 AM has been postponed to January 21, 2010 at 10:00 AM in the North door of the Courthouse, 121 West Junius Avenue, Fergus Falls, Minnesota in said County and State.

DATED:

November 19, 2009

ASSIGNEE OF MORTGAGEE: U.S. Bank National Association

Wilford & Geske, P.A.

Attorneys for Assignee Of Mortgagee:

Lawrence A. Wilford

James A. Geske

8425 Seasons Parkway, Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 008772F01

Publication Date: November 20, 2009.


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