P NOTICE OF MORTGAGE FORECLOSURE SALE
Date: July 23, 2010
YOU ARE NOTIFIED that a default has occurred in the conditions of the following described Mortgage:
INFORMATION REGARDING MORTGAGE TO BE FORECLOSED
1. Date of Mortgage: March 8, 2006
2. Mortgagors: Michael H. Tierney and Gloria C. Tierney, husband and wife
3. Mortgagee: Alliance Bank, a Minnesota banking corporation
4. Recording Information:
Recorded May 1, 2006 as Document No. 441651 in the Office of the County Recorder of Todd County, Minnesota
5. Assignments of Mortgage, if any:
None
INFORMATION REGARDING MORTGAGED PREMISES
Tax parcel identification number of mortgaged premises: 22-0007600
Legal Description of the mortgaged premises: All that part of Government Lot 4, and Government Lot 5, Section 9, Township 133 North, Range 33 West, less and except the plat of Majestic Oaks First Addition and less and except the plat of Majestic Oaks Second Addition, Todd County, Minnesota.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments and third party payments made to crop producers, and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as Property). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however established.
The mortgaged premises is not registered (Torrens) property
The physical street address, city and zip code of the mortgaged premises: 49241 Thunderbird Drive, Staples, Minnesota 56479.
OTHER FORECLOSURE DATA
The person holding the Mortgage is not a transaction agent as defined in Minn. Stat. 58.02., subd. 30.
INFORMATION REGARDING FORECLOSURE
The requisites of Minn. Stat. § 580.02 have been satisfied. 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.
The original principal amount secured by the Mortgage was $80,000.00.
At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage is $117,682.78.
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 Todd County at public auction on September 9, 2010 at 10:00 A.M., at the Todd County Sheriff’s Office – Civil Process Division, located at 115 Third Street South, Long Prairie, Minnesota 56347.
The time allowed for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is TWELVE (12) MONTHS after the date of sale.
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 mortgagors 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
Notices the property is 11:59 p.m. on September 9, 2011.
THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS’ 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 IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Name and Address of Attorneys for Mortgagee
Name of Mortgagee
Alliance Bank
LEONARD, O’BRIEN, SPENCER, GALE & SAYRE, LTD. /s/ Peter J. Sajevic, III By: Peter J. Sajevic, III, #0279237 Attorneys for Mortgagee Leonard, O’Brien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis, MN 55402 (613) 332-1030 424931











