Schmidt notice of mortgage foreclosure sale

Published 08:39 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 28, 2002

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $72,000.00

MORTGAGOR(S): Tom G. Schmidt, A Single Man and Misti R. Lureen, A Single Woman

MORTGAGEE: MIT Lending

DATE AND PLACE OF RECORDING:

Recorded: November 01, 2002 Otter Tail County Recorder

Document Number: 914760

ASSIGNMENTS OF MORTGAGE:

And assigned to: BAC Home Loans Servicing, LP

Dated: May 26, 2009

Transaction Agent: Not Applicable

Transaction Agent Mortgage Identification Number: Not Applicable

Lender or Broker: MIT Lending

Residential Mortgage Servicer: BAC Home Loans Servicing, L.P.

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Otter Tail

Property Address: 605 W Douglas Ave, Fergus Falls, MN 56537-3228

Tax Parcel ID Number: 71-004-50-0010-000

LEGAL DESCRIPTION OF PROPERTY: State Subdivision Lot 17 of Section 4, Township 132, Range 43, except the following tracts:

1. A tract of land 50 feet east and west by 150 feet north and south, described as follows, to-wit; Beginning at a point 37.5 feet south of the Northeast corner of State subdivision lot 17 of Section 4, Township 132, Range 43, thence west 50 feet, thence South 150 feet, thence East 50 feet, thence north 150 feet to point of beginning.

2. A tract of land 5O feet east and west by 150 feet north and south and described as follows:

Beginning at a point 37.5 feet south of the northeast corner of State subdivision Lot 17 of Section 4, Township 132, Range 43, thence due West 100 feet, thence due South 150 feet, thence due east 5O feet, thence due north 150 feet to the point of beginning.

3. A tract of land 5O feet east and west 150 feet north and south, more particularly described as follows: Beginning at a point 37 1/2 feet south of the northeast corner of State Subdivision Lot 17, Section 4, Township 132, Range 43, thence west 100 feet, which is the point of beginning, thence south 15O feet, thence west 5O feet, thence north 15O feet, thence east 50 feet to point of beginning.

4. A strip of land 50 feet east and west by 15O feet north and south, described as follows, to-wit; Beginning at a point 37 1/2 feet south of the Northeast corner of State Subdivision of Lot 17, Section 4, Township 132, Range 43, thence 200 feet west, which is the starting point; thence south 150 feet, thence west 50 feet, thence North 150 feet, thence east 50 feet to point of beginning.

5. A tract of land 40 feet east and west and 150 feet north and south described as follow, to-wit: The West 40 feet of the East 29O feet of the South 150 feet of the North 187.50 feet of State Subdivision of Lot 17, south One-half of Section 4, Township 132, Range 43. Also described as; Beginning as a point 290 feet west and 37 1/2 feet south from the Northeast corner. State Sublot 17, South One-half of Section 4, Township 132, Range 43, thence due south 150 feet, thence due east 40 feet, thence due north 15O feet, thence due west 40 feet to place of beginning.

6. A tract of land 5O feet east and west and 15O feet north and south, and described as follows: Beginning at a point 37 1/2 feet south and 150 feet west from the Northeast corner of State Subdivision of lot 17 of Section 4, Township 133, Range 43, which is the starting point, thence due south 150 feet, thence due west 5O feet, thence due North 150 feet, thence due east to the point of beginning 50 feet.

7. Except the West 75 feet of the East 365 feet of the South 15O feet of the North 187.5 feet of Lot 17 of South One-half of Section 4, Township 133, Range 43 for street and highway purposes.

8. That part of Sublot 17 of State Subdivision of the south One-half of Section 4, Township 132, Range 43, described as follows: Commencing at the Northwest corner of said Sublot 17, thence South on the west line of said Sublot 17 a distance of 31.67 feet; thence South 88 degrees 57 minutes East on the South line of West Douglas Avenue in the City of Fergus Falls, a distance of 75 feet to the point of beginning of the tract of land hereinafter described; thence South 150 feet; Thence south 88 degrees 57 minutes East 100 feet; thence North 150 feet; thence North 88 degrees 57 minutes West on the south line of West Douglas Avenue l00 feet to the point of beginning, said tract contains, 0.35 acres, more or less.

9. That part of Sublot 17 of State Subdivision of the South One-half of Section 4, Township 132 Range 43, described as follows: Beginning at the Northwest corner of said sublot 17, thence South on the west line of said Sublot 17 a distance of 181.67 feet; thence South 88 degrees 57 minutes East and parallel to the south line of Douglas Avenue 75 feet; thence North parallel to the West line a distance of 181.l9 feet; thence North 88 degrees 35 minutes West on the North line of said Sublot a distance of 75 feet to the point of beginning, except that part taken for Douglas Avenue.

10. That part of Sublot 17 of the State Subdivision of the South One-half of Section 4, Township 132, Range 43, described as follows: Commencing at the Northwest corner of said Sublot 17, and running thence South on and along the west line of said Sublot 17 for a distance of 181.67 feet to the point of beginning, running thence South on and along the west line of said Sublot 17 for a distance of 25 feet, running thence South 88 degrees 57 minutes East and parallel to the south line of Douglas Avenue for a distance of 175 feet; thence running north on a line parallel to the west line of said Sublot 17 for a distance of 25 feet more or less to the Southeast corner of a tract previously conveyed to the grantees herein, and running thence North 88 degrees 57 minutes West for a distance of 175 feet more or less to the point of beginning, being the Southwest corner of a tract previously conveyed to the grantee herein, it being the intention hereof to convey a 25 foot by 175 foot strip of land immediately south of and adjacent to the tract of land previously conveyed to the grantees herein.

11. That part of Sublot 17 of State Subdivision of the South one-half of Section 4, Township 132, Range 43, described as follows: Beginning at an iron monument at the Southeast corner of said Sublot 17; thence North 2 degrees 10 minutes 56 seconds east on the East line of said Sublot 17 a distance of 275.23 feet to an iron monument; thence North 88 degrees 42 minutes 25 seconds west on the southerly line of parcels previously deeded, said line being parallel with and 150 feet south of the south line of Douglas Avenue as now dedicated and improved a distance of 486.57 feet, thence

South 2 degrees 10 minutes 08 seconds West 25 feet, thence North 88 degrees 42 minutes 25 seconds West 175 feet, thence South 2 degrees 10 minutes 08 seconds West on the west line of said sublot 17 a distance of 256.49 feet, thence South 86 degrees 43 minutes O8 seconds East, on the south line of said Sublot 17, a distance of 661.54 feet to the point of beginning. Containing 4.11 acres, more or less.

12. Plat of Uggerud's Subdivision as recorded in 0 of Plats page 277.

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $72,436.54

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: January 07, 2010 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 07, 2010, or the next business day if July 07, 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:

November 20, 2009

ASSIGNEE OF MORTGAGEE: BAC Home Loans Servicing, LP

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: 002377F01

Publication Dates: November 20, 27, December 4, 11, 18, 24, 2009.

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