NOTICE OF MORTGAGE FORECLOSURE SALE
DATE: May 31, 2013
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.
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: March 25, 2011
2. Mortgagors: Derek W. Toland and Elisabeth A. Toland, husband and wife
3. Mortgagees: Northwoods Credit Union
4. Recording Information: Recorded on March 31, 2011, as Document Number A000436747, in the Office of the County Recorder, Carlton County, Minnesota
5. Assignments of Mortgage, if any: NONE
Further assigned to NONE.
For additional assignments of Mortgage, provide the relevant information below: NONE
INFORMATION REGARDING MORTGAGED PREMISES
6. Tax parcel identification number of the mortgaged premises: 78-020-3215
7. Legal description of the mortgaged premises:
A parcel of land in the Northeast 1/4 of Northwest 1/4 of Section 16, Township 49, North of Range 16, West of the Fourth Principal Meridian, described as follows: Commencing on the north line of said Northeast Quarter of Northwest Quarter, 300 feet East of the Northwest corner thereof; thence running in a southerly direction in a line parallel to the west line of said forty a distance of 208 feet; thence running in an easterly direction in a line parallel to the north line of said forty a distance of 208 feet; thence running northerly in a line parallel to the west line of said forty a distance of 208 feet to the north line of said forty; thence running in a westerly direction along and upon the north line of said forty, a distance of 208 feet to the point of beginning, Carlton County, Minnesota.
8. The physical street address, city, and zip code of the mortgaged premises: 72 N. Cloquet Rd., W., Esko, MN 55733
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 Northwoods Credit Union.
10. If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is N/A.
INFORMATION REGARDING FORECLOSURE
11. The requisites of Minn. Stat. 580.02 have been satisfied.
12. The original principal amount secured by the Mortgage was $171,000.00
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: $174,719.00.
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 Carlton County, Minnesota, at public auction on July 30, 2013, 10:00 a.m., at Carlton County Sheriff's Office, 317 Walnut Avenue, Carlton, MN 55718.
15. The time allowed by law for redemption by Mortgage 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 30, 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Name of Mortgagee or Mortgagee Assignee:
Northwoods Credit Union
Name and address of Attorney for Mortgagee or Mortgage Assignee:
Greg C. Gilbert
Gilbert Law Office
11 East Superior Street, Suite 563
Duluth, MN 55802