NOTICE OF MORTGAGE FORECLOSURE SALE
NOTICE OF MORTGAGE FORECLOSURE SALE
DATE: May 9, 2013
YOU ARE NOTIFIED that default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE FORECLOSED
1. Date of Mortgage: January 18, 2008
2. Mortgagors: Motzko Contracting, LLC, [Minnesota] Limited Liability Company
3. Mortgagees: First Federal Savings Bank, organized and existing under the laws of the United States of America [n/k/a RiverWood Bank]
4. Recording Information: Recorded on January 22, 2008, as Document Number 225946, in the Office of the County Recorder of Swift County, Minnesota
5. Assignments of Mortgage, if any: None.
INFORMATION REGARDING MORTGAGED PREMISES
6. Tax parcel identification number of the mortgaged premises: 20-0230-050
7. Legal description of the mortgaged premises: Lots Five (5) and Six (6) of Johnson and Johnson Southdale Sites, a subdivision of Section Seventeen (17), Township One Hundred Twenty-one (121), Range Thirty-nine (39), Swift County, Minnesota
8. The physical street address, city, and zip code of the mortgaged premises: 215 Highway 29 Southeast, Benson, MN 56215
OTHER FORECLOSURE DATA
9. The person holding the Mortgage: is not a transaction agent, as defined by Minn. Stat. 58.02, subd. 30.
The name(s) of the residential mortgage servicer and the lender or broker, as defined in Minn. Stat. 58.02, is/are RiverWood Bank (f/k/a First Federal Savings Bank) 14091 Baxter Drive, Suite 117, Baxter, MN 56425, Loan No. 97585812.
10. If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is RiverWood Bank (f/k/a First Federal Savings Bank) 14091 Baxter Drive, Suite 117, Baxter, MN 56425, Loan No. 97585812.
INFORMATION REGARDING FORECLOSURE
11. The requisites of Minn. Stat. 580.02 have been satisfied.
12. The original principal amount secured by the Mortgage was $300,000.00.
13. At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage, is: $354,138.99.
14. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Swift County, Minnesota, at public auction on July 17, 2013, 10: 00 a.m., at Swift County Sheriff’s Department, 301 14th Street North, Suite 4, Benson, MN 56215.
15. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is six (6) months after the date of sale.
16. Minn. Stat. 580.04(b) provides, “If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23.” If this statute applies, the time to vacate the property is 11:59 p.m. on January 17, 2014.
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.
Name and address of Attorney for Mortgagee or Mortgage Assignee:
GAMMELLO, QUALLEY, PEARSON
& MALLAK, PLLC
James M. Gammello #140144
PO Box 2629
Baxter, MN 56425
Name of Mortgagee or Mortgage Assignee:
Paul Means, President
14091 Baxter Drive, Suite 117, Baxter, MN 56425