NOTICE OF VOLUNTARY MORTGAGE FORECLOSURE ALEXANDRA & ASSOCIATES
NOTICE OF VOLUNTARY MORTGAGE FORECLOSURE SALE
NOTICE OF VOLUNTARY MORTGAGE FORECLOSURE SALE
Date: May 30, 2012
YOU ARE NOTIFIED THAT:
1.Default has occurred in the conditions of That certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated December 4, 2002, executed by Alexandra & Associates, L.L.C., a Delaware limited liability company, Battle Creek Lake Acquisition Company, LLC, a Minnesota limited liability company, JLT Mobil Building Limited Partnership, a Minnesota limited partnership, North Tamarack Associates, L.L.C., a Delaware limited liability company, River Properties of St. Paul Limited Partnership, a Minnesota limited partnership, Trooien & Associates Limited Partnership, a Minnesota limited partnership, and Woodbury East, LLC, a Minnesota limited liability company (individually and collectively, "Original Mortgagor"), for the benefit of LaSalle Bank National Association ("LaSalle"), as mortgagee, recorded in the office of the County Recorder for Ramsey County, Minnesota on December 10, 2002, as Document No. 3563065, in the Office of the Registrar of Titles, Ramsey County, Minnesota on December 10, 2002, as Document No. 1718763 and in the office of the County Recorder for Washington County on December 6, 2002, as Document No. 3287477; as amended by that certain Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, by Original Mortgagor and Firstam Twelve 105767, LLC, a Minnesota limited liability company, to LaSalle dated September 20, 2004, and recorded in the office of the County Recorder for Ramsey County, Minnesota on November 16, 2004, as Document No. 3807888, in the Office of the Registrar of Titles, Ramsey County, Minnesota on November 16, 2004, as Document No. 1844373, and in the Office of the County Recorder for Washington County, Minnesota on January 12, 2005, as Document No. 3492117; as modified by that certain Modification and Assumption of Loan Documents, dated March 17, 2005, between Alexandra & Associates, L.L.C., a Delaware limited liability company, Battle Creek Lake Acquisition Company, LLC, a Minnesota limited liability company, North Tamarack Associates, L.L.C., a Delaware limited liability company, River Properties of St. Paul Limited Partnership, a Minnesota limited partnership, Trooien & Associates Limited Partnership, a Minnesota limited partnership, West-Biel 1, LLC, a Minnesota limited liability company, West-Biel 1.5, LLC, a Minnesota limited liability company, West-Biel 14, LLC, a Minnesota limited liability company, West-Biel 15.5, LLC, a Minnesota limited liability company, and West-Biel 68, LLC, a Minnesota limited liability company (individually and collectively, "Mortgagor") and others, and LaSalle, recorded in the Office of the County Recorder for Ramsey County, Minnesota on March 23, 2005, as Document No. 3842400, in the Office of the Registrar of Titles, Ramsey County, Minnesota on March 23, 2005, as Document No. 1909794, and in the Office of the County Recorder for Washington County, Minnesota on April 5, 2005, as Document No. 3506793 (as so amended and modified, the "Original Mortgage").
The Original Mortgage was assigned from LaSalle, as assignor, to Dougherty Funding LLC ("Dougherty"), as assignee, pursuant to that certain Assignment of Mortgage and Assignment of Leases and Rents dated October 27, 2005, recorded in the Office of the County Recorder for Ramsey County, Minnesota on November 1, 2005 as Document No. 3901231, in the Office of the Registrar of Titles, Ramsey County, Minnesota on November 1, 2005, as Document No. 1938122, and in the Office of the County Recorder for Washington County, Minnesota on November 1, 2005, as Document No. 3548617.
The Original Mortgage was then further amended and restated by that certain Amended and Restated Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated October 27, 2005, by Mortgagor, for the benefit of Dougherty, recorded in the office of the County Recorder for Ramsey County, Minnesota on November 1, 2005, as Document No. 3901234, in the office of the Registrar of Titles of Ramsey County, Minnesota on November 1, 2005, as Document No. 1938125 and in the office of the County Recorder for Washington County, Minnesota on November 1, 2005, as Document No. 3548620; as further amended and restated by that certain Second Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement dated as of March 28, 2007, by Mortgagor, for the benefit of Dougherty, recorded in the office of the County Recorder, Washington County, Minnesota, on March 30, 2007, as Document No. 3637022, recorded in the office of the Registrar of Titles, Ramsey County, Minnesota, on March 30, 2007 as Document No. 2000344 and recorded in the office of the County Recorder, Ramsey County, Minnesota, on March 30, 2007 as Document No. 4019801; as further amended by that certain Amendment No. 1 to Second Amended and Restated Mortgage, Security Agreement and Fixture Financing Statement and Other Loan Documents dated June 9, 2010, by Alexandra & Associates, L.L.C., a Delaware limited liability company, Battle Creek Lake Acquisition Company, LLC, a Minnesota limited liability company, North Tamarack Associates, L.L.C., a Delaware limited liability company, River Properties of St. Paul Limited Partnership, a Minnesota limited partnership, Trooien & Associates Limited Partnership, a Minnesota limited partnership, West-Biel 15.5, LLC, a Minnesota limited liability company (successor-by-merger to West-Biel 1, LLC, a Minnesota limited liability company, West-Biel 1.5, LLC, a Minnesota limited liability company, and West-Biel 14, LLC, a Minnesota limited liability company), and West-Biel 68, LLC, a Minnesota limited liability company, for the benefit of Dougherty, recorded in the office of the County Recorder, Washington County, Minnesota, on June 14, 2010, as Document No. 3794932, recorded in the office of the County Recorder, Ramsey County, Minnesota, on June 14, 2010, as Document No. 4226777, and recorded in the office of the Registrar of Titles, Ramsey County, Minnesota, on June 15, 2010, as Document No. 2112643 (as so amended and restated, the "Mortgage").
The Mortgage was assigned from Dougherty, as assignor, to Washington/Ramsey Acquisition LLC, a Delaware limited liability company ("Washington/Ramsey Acquisition"), as assignee, pursuant to that certain Assignment of Mortgage and Assignment of Leases and Rents dated April 30, 2012, recorded in the office of the County Recorder, Ramsey County, Minnesota on May 3, 2012, as Document No. 4333412, in the office of the Registrar of Titles, Ramsey County, Minnesota on May 3, 2012, as Document No. 2172632, and in the office of the County Recorder, Washington County, Minnesota on May 3, 2012, as Document No. 3886551.
The property that is the subject of this foreclosure, as described in the Mortgage and below, is not registered land.
2.The Mortgage has been assigned as follows: The Original Mortgage was assigned from LaSalle, as assignor, to Dougherty, as assignee, pursuant to that certain Assignment of Mortgage and Assignment of Leases and Rents dated October 27, 2005, recorded in the Office of the County Recorder for Ramsey County, Minnesota on November 1, 2005 as Document No. 3901231, in the Office of the Registrar of Titles, Ramsey County, Minnesota on November 1, 2005, as Document No. 1938122, and in the Office of the County Recorder for Washington County, Minnesota on November 1, 2005, as Document No. 3548617. The Mortgage was assigned from Dougherty, as assignor, to Washington/Ramsey Acquisition, as assignee, pursuant to that certain Assignment of Mortgage and Assignment of Leases and Rents dated April 30, 2012, recorded in the office of the County Recorder, Ramsey County, Minnesota on May 3, 2012, as Document No. 4333412, in the office of the Registrar of Titles, Ramsey County, Minnesota on May 3, 2012, as Document No. 2172632, and in the office of the County Recorder, Washington County, Minnesota on May 3, 2012, as Document No. 3886551. Washington/Ramsey Acquisition is the lawful holder of the Mortgage and other related loan documents.
3. The original principal amount secured by the Mortgage was: $32,000,000.00.
4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.
5.The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage, and all notice and other requirements of applicable statutes.
6.At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is: $42,565,768.18.
7.Pursuant to the power of sale in the Mortgage and the Voluntary Foreclosure Agreement between the parties, the Mortgage will be voluntarily foreclosed, and the land described as follows:
Lots 5 and 6, Block 1, Tamarack Hills 2nd Addition, according to the recorded plat thereof, Washington County, Minnesota.
Non-exclusive easements as contained in Declaration of Reciprocal Easements and Operating Covenants dated March 28, 2008, recorded March 31, 2008 as Document No. 3686115 in the office of the County Recorder, Washington County, Minnesota, supplemented by First Supplement to Declaration of Reciprocal Easements and Operating Covenants dated March 28, 2008, recorded March 31, 2008 as Document No. 3686117.
Non-exclusive easement for vehicular and pedestrian ingress and egress purposes over Gateway Drive, now vacated, as shown on the recorded plat of Gateway East, as contained in Grant of Easements dated October 25, 2007, recorded October 26, 2007 as Document No. 3667492 in the office of the County Recorder, Washington County, Minnesota.
Commonly known as: 628 and 652 Bielenberg Drive, Woodbury, MN 55125. Tax Parcel Identification Numbers: 05-028-21-31-0205 and 05-028-21-31-0206;
will be sold by the County Sheriff of Washington County, Minnesota, at public auction on Thursday, June 28, 2012, at 10:00 a.m., at the Washington County Sheriff's Office, Law Enforcement Center, Main Lobby, 15015 62nd Street North, Stillwater, Minnesota 55082 to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys' fees allowed by law.
8.The date of the Voluntary Foreclosure Agreement is: April 30, 2012.
9.The time allowed by law for redemption by Mortgagor or Mortgagor's personal representatives or assigns is two months after the date of sale.
10.Each holder of a junior lien may redeem in the order and manner provided in Minnesota Statutes Section 582.32, subdivision 9, beginning after the expiration of the Mortgagor's redemption period, such subdivision providing that a person holding a junior lien upon the real estate or some part of the real estate may redeem in the order and manner specified in Minnesota Statutes Sections 580.24 and 580.25, but only if before the end of the Mortgagor's redemption period under Section 582.32 the creditor files with the county recorder or registrar of titles of each county where the real estate is located, a notice of intention to redeem. If a junior creditor fails to timely file a notice of intention to redeem as provided in Section 582.32, subd. 9, or fails to redeem, its lien on the real estate is extinguished.
11.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.
12.The mortgagor(s) released from financial obligation on the Mortgage is/are: none.
13.The name of the transaction agent, residential mortgage servicer, and the lender or broker, as defined in Section 58.02, if the person holding the mortgage is a transaction agent as defined in Section 58.02, subdivision 30, are as follows: transaction agent-not applicable, residential mortgage servicer-not applicable, lender or broker-not applicable; or the name of the residential mortgage servicer and the lender or broker, as defined in Section 58.02, if the person holding the mortgage is not a transaction agent as defined in Section 58.02, subdivision 30, are as follows: residential mortgage servicer-not applicable, lender or broker-not applicable.
14.If stated on the mortgage, the transaction agent's mortgage identification number is: not applicable.
15.If stated on the mortgage, the name of the mortgage originator as defined in section 58.02 is: not applicable.
WASHINGTON/RAMSEY ACQUISITION LLC, MORTGAGEE OR ASSIGNEE OF MORTGAGEE
Attorney(s) for Mortgagee
or Assignee of Mortgagee:
Fabyanske, Westra, Hart & Thomson, P.A.
By: Jeffrey W. Jones, Esq., Rory O. Duggan, Esq. and Rachel J. Elvester, Esq.
800 LaSalle Ave., Suite 1900, Minneapolis, MN 55402
612-359-7600
5/30-6/20-2012
Tags: public notices, foreclosures
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