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April 5, 2011     The Ortonville Independent
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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 the following described mortgage: DATE OF MORTGAGE: April 6, 2005 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $103,500.00 MORTGAGOR(S): James D. McKinney and Madelaine D. McKinney, husband and wife MORTGAGEE: Ameriquest Mortgage Company LENDER: Ameriquest Mortgage Company SERVICER: American Home Mortgage Servicing, Inc. DATE AND PLACE OF FILING: Filed April 20, 2005, Big Stone County Recorder, as Document Number 159078 ASSIGNMENTS OF MORTGAGE: Assigned to: Deutsche Bank National Trust Company, as Trustee for, Ameriquest Mortgage Securities Inc. Asset-Backed Pass-Through Certificates, Series 2005-R5, Under the Pooling and Servicing Agreement dated June 1, 2005; Dated: January 20, 2009 filed: March 17, 2009, recorded as document number 165419 LEGAL DESCRIPTION OF PROPERTY: Lot 3, of Amended plat of Outlots 11 and 17, City of Ortonville, together with perpetual roadway easement for ingress and egress over and across Lots 4, 5, 6 and 7 of Outlot as said roadway is presently laid out PROPERTY ADDRESS: 533 Dusty Lane, Ortonville, MN 56278 PROPERTY IDENTIFICATION NUMBER: 22-1389-000 COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $110,319.00 THAT all pre-forecIosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: April 21, 2011, 10:00am PLACE OF SALE: Sheriff's Main Office, 20 SE 2nd Street, Ortonville, MN 56278 to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorneys fees allowed by law, subject to redemption within 6 months from the date of said sale by the mortgagor(s) the personal representatives or assigns. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise orovided bv law. the date on or before which the mortgagor(s) must vacate the property, if the mortgage is not reinstated under se~ction 580.30 or the-;prOpeyty is. not' redeemed under section 580.23, is 11:59 p.m. on October 21, 2011. '%HE 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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED. .Dated: March 4, 2011 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 Assignee of Mortgagee SHAPIRO & ZIELKE, LLP BY Lawrence P. Zielke - 152559 Diane F. Mach - 273788 Kristine M. Spiegelberg Nelson - 308845 Melissa L. B. Porter - 0337778 Randolph W. Dawdy 2160X Attorneys for Mortgagee 12550 West Frontage Road, Ste. 200 Bumsville, MN 55337 (952) 831-4060 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (Mar. 8, 15, 22, 29, April 5 & 12, 2011) NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, That default has occurred in conditions of the following described mortgage. DATE OF MORTGAGE: December 28, 2006 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $50,000.00 MORTGAGOR(S): Jeffery D. Wolff also known as Jeffrey D. Wolff MORTGAGEE: The Buffalo Ridge Bank DATE AND PLACE OF RECORDING: Recorded January 2, 2007, Big Stone County Recorder, Document No. 162029. LEGAL DESCRIPTION OF PROPERTY: Lot B of the Northeast Quarter (NE1/4), Section Seventeen (17), Township One Hundred Twenty- four (124) North, Range Forty-eight (48) West of the Fifth Principal Meridian, according to the Auditor's Plat on file in the Office of the County Recorder, Big Stone County, Minnesota, in Book 4 of Plats, on page 239. COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone County Property Address: 86195 State Highway 28. Beardsley, MN 56211 Tax Parcel I D No.: 05.0167-000 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $64,135.43 That all preforeclosure requirements have been complied with; that no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property wilt be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: May 5, 2011, at 10:00 a.m. PLACE OF SALE: Sheriff's Officel Big Stone County Courthouse, 20 Second Street Southeast, Lower Level, Ortonville, Minnesota, 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 subject to redemption within six (6) months from the date of said sale by the Mortgagor, their personal representatives or assigns. MORTGAGOR RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. 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. Dated: February 28, 2011 THE BUFFALO RIDGE BANK Mortgagee PEMBERTON, SORLIE, RUFER & KERSHNER, P.L.L.P. By: Robert W. Bigwood Attorneys for Mortgagee 110 North Mill Street P.O. Box 866 Fergus Falls, MN 56537 218-736-5493 (Mar. 15, 22, 29, April 5, 12 & 19, 2011) 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 conditions of the following described mortgage: DATE QF MORTGAGE: October 25, 2007 .~QR..T~GE)R; .~ .,Darell J. McKi~ney/a si'ngie person MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DATE AND PLACE OF RECORDING: Recorded November 26, 2007, Big Stone County Recorder, Document No. 163590. ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank, N.A., Dated: February 15, 2011. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100021278840087485 LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: U.S. Bank, N.A. RESIDENTIAL MORTGAGE SERVICER: U.S. Bank Home Mortgage MORTGAGED PROPERTY ADDRESS: 625 Lakeshore Drive, Ortonville, MN 56278 TAX PARCEL I.D. #: 220899000 LEGAL DESCRIPTION OF PROPERTY: The South 15 feet of Lot 6, and all of Lot 7, Lakeview Addition to the City of Ortonviile, County of Big Stone, State of Minnesota. COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $75,000.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $75,067.94 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: April 28, 2011 at 10:00 AM PLACE OF SALE: Big Stone County Sheriff's Office, 20 SE Second Street, Ortonville MN 56278 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 subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. 580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on October 28, 2011. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE:None "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." Dated: February 23,2011. U.S. Bank, N. A. Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee,Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 19-1948 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (Mar. 8, 15, 22, 29, April 5 & 12, 2011) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN UNSUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS In Re: Estate of JANIS M. FOLK, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 27th day of April, 2011 at 8:00 a.m., a hearing will be held in the above-named Court at Ortonville, Minnesota, for the formal probate of an instrument purporting to be the will of the above-named decedent, dated August 13, 1999, and for the appointment of Terese L. Holtquist, whose address is 904 South Seventh Street, Milbank, SD 57252, as personal NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: May 30, 2003 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $51,000.00 MORTGAGOR(S): Jeffrey D. Wolff and Kay Lynn Wolff, husband and wife MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DATE AND PLACE OF RECORDING: Recorded: June 18, 2003 Big Stone County Recorder, Document Number: 155572 ASSIGNMENTS OF MORTGAGE: And assigned to: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee RASC 2003KS7 Dated: February 28, 2011 Transaction Agent: Mortgage Electronic Registration Systems, Inc. Transaction Agent Mortgage Identification Number: 100200100030462919 Lender or Broker: Equifirst Corporation Residential Mortgage Servicer: GMAC Mortgage, LLC Mortgage Originator: Not Applicable COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone Property Address: 104 Washington St S, Beardsley, MN 56211-3102 Tax Parcel ID Number: 16-0239-000 LEGAL DESCRIPTION OF PROPERTY: The North 137.5 feet except the West 115 feet of Outlot Two (2),, City (formerly Village) of Beardsley, Big Stone County, Minnesota. AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $49,176.67 THAT all pre-foreclosure requirements have been complied with; that no action or proceeding has been instituted at law representative of the estate of the or otherwise to recover the debt secured above-named decedent in an by said mortgage, or any part thereof; unsupervised administration, and that PURSUANT to the power of sale any objections thereto must be filed with contained in said mortgage, the above- the Court. That, if proper, and no objections are filed, said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Notice is further given that (subject to Minn. Stat. 524.3-801(b)(c)), ALL CREDITORS having claims against said estate are required to present the same to the personal representatives or to the Court Administrator within four months after the date of this notice or said claims will be barred. Dated: March 30, 2011 Peter A. Huff, Judge of District Court Sandee Tollefson, Court Administrator by Julie Berger, Deputy Craig O. Ash Ash Law Office. LLC 25 Second Street NW #101 Ortonville, MN 56278 Attorney License No: 0218157 Telephone (320) 839-2551 Fax (320) 839-2553 Email: craig @ashlawoffices.com (April 5 & 12, 2011) .... NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN UNSUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS In Re: Estate of HANNAH SITTER, a/k/a PENNY SITTER, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 27th day of April, 2011 at 8:00 a.m., a hearing will be held in the above-named Court at Ortonville, Minnesota, for the formal probate of an instrument purporting to be the will of the above-named dec~dent, dated May 6, 1982, and for the appointment of Leigh Sitter, whose address is 37862 680th Ave., Ortonville, MN 56278, as personal representative of the estate of the above-named decedent in an unsupervised administration, and that any objections thereto must be filed with the Court. That, if proper, and no objections are filed, said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Notice is further given that (subject to Minn. Stat. 524.3-801(b)(c)), ALL CREDITORS having claims against said estate are required to present the same to the personal representatives or to the Court Administrator within four months after the date of this notice or said claims will be barred. Dated: March 30, 2011 Peter A. Huff, Judge of District Court Sandee Tollefson, Court Administrator by Julie Berger, Deputy Craig O. Ash Ash Law Office. LLC 25 Second Street NW #101 Ortonville, MN 56278 Attorney License No: 0218157 Telephone (320) 839-2551 Fax (320) 839-2553 Email: craig @ ashlawoffices.com (April 5 & 12, 2011) WE'RE American Heart : tion FIGHTING FOR YOUR LII=E Court report (Week of March 31, 2011) Big Stone County Sheriff's Office Brett Alan Danielson. Correll. Failure to Stop at Stop Signs or Stop Lines, Fined $50. described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: May 12, 2011 at 10:00 AM PLACE OF SALE: Sheriff's Main Office, Courthouse, 20 SE Second Street, Ortonville, Minnesota to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law, subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns. If the Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on November 12, 2011, or the next business day if November 12, 2011 falls on a Saturday, Sunday or legal holiday. Mortgagor(s) released from financial obligation: NONE THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL, CREDITOR WI-I-H-IN..THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. 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. DATED: March 28, 2011 ASSIGNEE OF MORTGAGEE: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee RASC 2003KS7 Wilford & Geske, P.A. Attorneys for Assignee of Mortgagee Lawrence A. Wilford James A. Geske 8425 Seasons Parkway, Suite 105 Woodbury, MN 55125-4393 (651) 209-3300 File Number: 007870F04 (Mar. 29, April 5, 12, 19, 26 & May 3,2011 ) 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 the following described mortgage: DATE OF MORTGAGE: D e c e m b e r 28, 1995 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $36,349.00 MORTGAGOR(S): D. L. Van Hoorn and Paula D. Swanson, both single people MORTGAGEE: Norwest Mortgage, Inc., a California corporation, n/Ida Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. DATE AND PLACE OF FILING: Filed December 29, 1995, Big Stone County Recorder; Document No. 142177 ASSIGNMENTS OF MORTGAGE: Assigned to: None LEGAL DESCRIPTION OF PROPERTY: Lots 7 (Seven) and 8 (Eight) of Block 2 (Two) of Point Place Addition to the City of Ortonville, Big Stone County, Minnesota STREET ADDRESS OF PROPERTY: 558 Cliff Street, Ortonville, MN 56278 COUNTY IN WHICH PROPERTY IS LOCATED: Big Stone County, Minnesota THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $34,330.29 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; PURSUANT to the power of sale contained in said mortgage, the above described property wilt be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: May 19, 2011 at 10:00 AM PLACE OF SALE: Big Stone County Sheriff's Office, in the lobby, 20 Southeast Second Street, Ortonville, 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 time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale. Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on November 21, 2011. 'q-HE 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." Dated: March 25, 2011 WELLS FARGO BANK, N.A. Mortgagee REITER & SCHILLER, P.A. By:/s/ Rebecca F. Schiller, Esq. Sarah J.B. Adam, Esq. N. Kibongni Fondungallah, Esq. James J. Pauly, Esq. Leah K. Weaver, Esq. Brian E Kidwell, Esq. Steven R. Pennock, Esq. Attorneys for Mortgagee 25 North Dale Street St. Paul, MN 55102-2227 (651) 209-9760 (E0436) THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. (March 29, April 5, 12, 19, 26 & May3, 2011) NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain Mortgage dated August 16, 2007, executed by Terry L. Kirk and Nicole Kirk, husband and wife, as Mortgagors, to First Bank & Trust, as Mortgagee, filed with the Big Stone County Recorder on August 20, 2007, as Document No. 163167; 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 notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage; That the original or maximum principal amount secured by the mortgage was Fifty-Eight Thousand One Hundred Seventy and No/100 DOLLARS ($5.8,170.00); That there is due and claimed to be NOTICE ADVERTISEMENT FOR BIDS BIG STONE COUNTY, MINNESOTA STATE AID PROJECT NO. SAP 006-622-006 Closing Date: Tuesday, May 3, 2011 ' NOTICE is hereby given that SEALED BIDS will be received by the Big Stone County Board of Commissioners at the Auditor's office, Big Stone County Courthouse, 20 SE 2rid St., Ortonville, MN until 10:00 AM on Tuesday, May 3, 2011, for the followingproject: STATE AID PROJECT NO. SAP 006-622-006 LOCATION: City of Graceville TYPE OF WORK: Grading, Agg. Base, Bituminous, Curb and Gutter, Sidewalk, Sanitary and Storm Sewer LENGTH: 1,640 feet The major items of work are approximately: Common Excavation ..... 10,704 CY Granular Borrow (CV) ...... 7,546 CY Aggregate Base (CV) Class 5 .................... 5,081 CY Type SP 12.5 Wearing Course Mixture (2,B) ................... 2,655 Ton 4" PVC Pipe Sewer ............. 600 LF 6" PVC Pipe Sewer ............. 640 LF 8" PVC Pipe Sewer .......... 1,332 LF 15" PVC Pipe Sewer ........... 100 LF 12" RC Pipe Sewer ........... 134.7 LF 15" RC Pipe Sewer ................ 78 LF Construct Sanitary Manhole ............................... 5 each Construct Sanitary Manholes ............................ 15.8 LF 4" Concrete Walk ............ 29,023 sq. ft. Concrete Curb & Gutter Design B624 ..................... 3,450 LF Plans and proposal may be downloaded at no charge at www.bigstonecounty.org, click on Highway Dept., click on E-Gram Link to Contractor and bidder information. Proposals, Plans and Specifications are available at: Big Stone County Highway Department, PO Box 98, 437 Minnesota Street North, Ortonville, MN 56278. Cost - Plan and Proposal Counter Pice $75.00, Mailed Price $100.00 (does not include 6.875% tax). Make check payable to the Big Stone County Highway Department. Bids must be sealed, identified on the envelope and accompanied by a Bidder's Bond or Certified Check in an amount equal to at least 5% of the total bid made payable to the Big Stone County Highway Department. The County reserves the right to reject any or all bids and to waive any irregularities thereof. Nick Anderson, Big Stone County Engineer (April 5, 12 & 19, 2011) PROCEEDINGS OF THE 0RTONVILLE CITY COUNCIL The following are condensed minutes of the City Council meeting held on March 7, 2011: Two individuals gave comments in support of continuing publishing City Council minutes in the Ortonville Independent. Council approved the following Steet Committee recommendations: Cooperating with MN Department of Transportation by paying for the cost of overlaying the parking spaces when due on the mortgage, including interest Main Street is resurfaced. to date IPr~&~eof, the su,m ~.of Sixty .- Increasing oharges for us ng the Thousand '~ Huhdred Fifty-Three and City's tree dump. 71/100 DOLLARS ($60,253.71); Removal of snow from the edges of And that pursuant to the power of sale Jefferson Avenue. therein contained, said mortgage will be As part of the council's efforts to foreclosed and the tract of land lying reduce expenses, the council discussed and being in the County of Big Stone, discontinuing publishing council meeting State of Minnesota, described as minutes in the local newspaper. It was follows, to-wit: the consensus of the council not to Lot Fourteen (14), Loupoint Beach, completely discontinue at this time, but being a subdivision of Government to publish summarized minutes at the Lot Two (2), Section Nine (9), reduced price offered by the newspaper. Township One Hundred Twenty-Two The council saw no reason why a dog walk fundraiser on Cornfest weekend couldn't be held. Approved by (122) North, Range Forty-Seven (47) West of the Fifth Principal Meridian, According to the Plat thereof on file and of record in the Office of County Recorder in and for Big Stone County, Minnesota; will be sold by the sheriff of said county at public auction on the 2nd day of June, 2011, at 10:00 o'clock a.m., at the Big Stone County Sheriff's Office, 20 S.E. Second Street in the City of Ortonville, in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the mortgagors, their personal representative or assigns within six (6) months from date of sale. The real property's street address is: 35942 - 794th Ave., Clinton, MN 56225. The real property's identification number is: 13-0447-000. Transaction agent: N/A Transaction agent's Mortgage identification number: N/A. Mortgage originator: First Bank & Trust. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling,. unless otherwise provided by law, the date on or before which the mortgagors must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not redeemed under Section 580.23 is 11:59 p.m. on December 2, 2011. 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 COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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. Dated this 25th day of March, 2011. First Bank & Trust, Mortgagee Is/Jeff C. Braegelmann Jeff C. Braegelmann #174701 GISLASON & HUNTER LLP Attorneys for Mortgagee 2700 South Broadway P. O. Box 458 New UIm, MN 56073-0458 Phone: 507-354-3111 Fax: 507-354-8447 (April 5, 12, 19, 26, May3 & 10, 2011) consensus. Council approved a donation of $100 to the Big Stone County Fair as requested by the Big Stone County Agricultural Society. Full copies of meeting minutes are available for viewing on the City's website, in the city office and in the public library. If you would like a copy mailed to you, you may contact the city office at 839-3428. (April 5, 2011) I MccL thoughts for hfe By Carol Karels People who work at MCCL are probably both salaried and volunteers. I know of many christian organizations where people spend their vacations or several months if they are retired, doing volunteer work. I know there is gratification in this work but I also know many of these people could be earning big money. The following from Proverbs 31 helps to explain their motivation. "Open your mouth for the speechless, in the cause of all who are appointed to die. Open your mouth, judge righteously, and plead the cause of the poor and needy." Tuesday, April 5, 2011 INDEPENDENT Page 13