Public Notices 11-18-04

NOTICE OF MORTGAGE

FORECLOSURE SALE



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.

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of that certain mortgage dated June 28, 2001 executed by Robert Lawson Smith, a single person, as mortgagor, to Wells Fargo Home Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., as mortgagee, and filed for record in the Office of the County Recorder, in and for the County of Le Sueur, Minnesota, on July 24, 2001 as Document No. 289545; the original principal amount secured by said mortgage being $116,250.00; that no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof, that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; that there is claimed to be due upon said mortgage, including interest to the date hereof, the sum of ONE HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED FORTY AND 20/100 ($123,540.20) DOLLARS and that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract(s) of land Lying and being in the County of Le Sueur, State of Minnesota, described as follows, to wit:

TRACT I

Beginning at a point in the center of the Mendota and Big Sioux Wagon Road 202 feet North of the East and West Section line between Sections 5 and 8, in Township 109 North of Range 26, running thence Northerly 100 feet in the center of said Highway, thence West, parallel to the said Section line between Section 5 and 8, 173 feet, thence Southerly, parallel to the Mendota and Big Sioux Wagon Road 70 feet to a point 232 feet North of said East and West Section line between Sections 5 and 8, thence East on a direct line to point of beginning, containing about 2/5 of one acre, and situated in the South Half of the Southeast Quarter of Section 5, in said Township and Range. Excepting land used for Public Highway across the East end of said lot. Beginning at a point in the center of the Mendota and Big Sioux Wagon Road 302 feet North of the East and West Section line between Sections 5 and 8, in Township 109 North, Range 26, running thence West parallel with the said Section line between Section 5 and 8, 173 feet, thence North parallel with said Mendota and Big Sioux Wagon Road 30 feet, thence Southeasterly on a direct line to a point of beginning, situated in the South Half of the Southeast Quarter of Section 5 in said Township and Range, excepting therefrom land used for Mendota and Big Sioux Wagon Road across the Easterly part of said lot. All in LeSueur County, Minnesota.

TRACT II

All that part of the South Half of the Southeast quarter of Section 5, Township 109 North, Range 26 West, LeSueur County, Minnesota, described as: Commencing at the Northeast corner of Section 5; thence South 00 degrees 59 minutes 52 seconds West (assumed bearing) along the East line of Section 5, a distance of 3,925.60 feet, to the North line of the South half of the Southeast quarter of Section 5; thence North 88 degrees 20 minutes 33 seconds West, along the North line of the South half of the Southeast quarter of Section 5, a distance of 1374.12 feet to the point of beginning; thence South 88 degrees, 20 minutes 33 seconds East, along the North line of the South half of the Southeast quarter of Section 5, a distance of 222.46 feet; to a point on the centerline of County State Aid Highway No. 21 (formerly known as the Mendota and Big Sioux Wagon Road); thence South 19 degrees 11 minutes 48 seconds West along the centerline of County State Aid Highway No. 21 (formerly known as Mendota and Big Sioux Wagon Road), 1083.77 feet to the Northeast corner of a tract recorded in Book 176 of Deeds, page 82-83, LeSueur County, Minnesota; thence North 73 degrees 50 minutes 48 seconds West along the northerly line of a tract recorded in Book 176 of Deeds, page 82-83, LeSueur County, Minnesota, 226.13 feet; thence North 19 degrees 11 minutes 48 seconds East, 680.72 feet; thence South 88 degrees 20 minutes 33 seconds East, 20.00 feet; thence North 18 degrees 17 minutes 48 seconds East, 342.03 feet to the point of beginning. Together with a 16 foot wide easement for roadway purposes, southerly of and adjacent to the described line: Commencing at the Northeast corner of Section 5; thence South 00 degrees 59 minutes 52 seconds West (assumed bearing) along the East line of Section 5, a distance of 3925.60 feet, to the North line of the South half of the Southeast quarter of Section 5; thence North 88 degrees 20 minutes 33 seconds West along the North line of the South half of the Southeast quarter of Section 5, a distance of 1151.66 feet to a point on the centerline of County State Aid Highway No. 21 (formerly known as the Mendota and Big Sioux Wagon Road); thence South 19 degrees 11 minutes 48 seconds West along the centerline of said County State Aid Hwy. No. 21, 343.69 feet to the point of beginning; thence North 88 degrees 20 minutes 33 seconds West, 242.00 feet and there terminating, LeSueur County, Minnesota will be sold by the sheriff of said county at public auction to the highest bidder on December 16, 2004 at 10:00 A.M., at the main office of the Le Sueur County Sheriff, 130 South Park Avenue, Le Center, Minnesota, to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The tune allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.

Mortgagors released from financial obligation on the mortgage: none.

THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR

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