THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTIFICATION OF THE ORIGINAL CREDITOR WITHIN THE TIME PERIOD PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.
NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the mortgage dated June 18, 2003, executed by Jane E. Fastner, Single, as mortgagor, to TCF National Bank, a national banking association, as mortgagee, recorded in the office of the County Recorder of Washington County, Minnesota, on August 5, 2003, as Document No. 3360945, and modified by a Loan Modification Agreement to Mortgage dated October 21, 2005 and recorded December 9, 2005 as Document No. 3557354, which mortgage conveyed and mortgaged the following described property, situated in the County of Washington and State of Minnesota, which property has a street address of 102 Avignon Court, Woodbury, Minnesota 55125, and tax identification number 0502821130013:
Apartment Number 3K, of Building Number 1, Apartment Ownership Number 3, Sundown Condominiums Gatsby Section
That the original principal amount secured by said mortgage was $113,300.00; that there has been compliance with any condition precedent to acceleration of the debt secured by said mortgage and foreclosure of said mortgage required by said mortgage, any note secured thereby, or any statute; that no action or proceeding has been instituted at law to recover the debt remaining secured by said mortgage, or any part thereof; that there is claimed to be due upon said mortgage and is due thereon at the date of this notice, the sum of $112,281.50 in principal and interest.
If the mortgage is not reinstated under Minn. Stat. §580.30 or redeemed under Minn. Stat. §580.23, the mortgagor must vacate the mortgaged property by 11:59 p.m. on March 29, 2010.
That by virtue of the power of sale contained in said mortgage, the said mortgage will be foreclosed by the sale of the above described premises with appurtenances, which said sale will be made by the Sheriff of Washington County, Minnesota, at the Sheriff's main office in the Law Enforcement Center, 15015 62nd Street North, Stillwater, Minnesota, on September 28, 2009, at 10:00 o'clock a.m., at public auction to the highest bidder, to pay the amount then due on said mortgage, together with the costs of foreclosure, including attorneys' fees as allowed by law, in accordance with the provisions of said mortgage. The time allowed by law for redemption by the mortgagor, her personal representatives or assigns, is six (6) months from the date of said sale. 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 IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: August 12, 2009 TCF National Bank
FOLEY & MANSFIELD, P.L.L.P.
By: Karl K. Heinzerling
Atty. No. 142475
Attorneys for Mortgagee
250 Marquette Avenue, Suite 1200
Minneapolis, Minnesota 55401
(Published in the Woodbury Bulletin on Wednesday, Aug. 12, Aug. 19, Aug 26, Sept 2, Sept 9 and Sept 16, 2009.)