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that default has occurred in the conditions of the following described mortgage:
DATE OF MORTGAGE:
December 16, 2010.
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: One Hundred Seventy-five Thousand and 00/100 ($175,000.00) Dollars.
MORTGAGOR(S): Jeremiah D. Moriarty and Nelle M. Moriarty, husband and wife.
MORTGAGEE: Montgomery Realty Employees Pension FBO Roy A. Montgomery
TRANSACTION AGENT: None.
LENDER: Montgomery Realty Employees Pension FBO Roy A. Montgomery
DATE AND PLACE OF FILING: Filed December 21, 2010, as document number A-1249036 in the Office of the Olmsted County Recorder.
ASSIGNMENTS OF MORTGAGE: None.
LEGAL DESCRIPTION OF THE PROPERTY: The West Half of the Northeast Quarter (W½ NE¼) Section 34, Township 107, Range 13, Olmsted County, Minnesota.
PROPERTY ADDRESS: Rural agricultural property with no residence.
PROPERTY IDENTIFICATION NUMBER: 73.34.12.079681.
COUNTY IN WHICH PROPERTY IS: Olmsted
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: One Hundred Eighty-one Thousand One Hundred Forty-three and 83/100 ($181,143.83) Dollars.
THAT all pre-foreclosure 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: January 24, 2013 at 10:00 a.m.
PLACE OF SALE: Olmsted County Sheriff's office, Government Center, 151 4th Street, Rochester, MN 55904, to pay the debt secured by said mortgage and taxes, if any on said premises and the costs and disbursements, including attorney's fees allowed by law, subject to redemption within one (1) year from the date of 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 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 January 25, 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.
Dated: December 11, 2012
Montgomery Realty Employees Pension FBO Roy A. Montgomery
ROCHFORD LAW OFFICE
Robert G. Rochford, Attorney for Mortgagee
100 4th Avenue SE, Suite 3
Plainview, MN 55964
Atty. Reg. No. 92435
Phone: (507) 534-3119
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