Details for Unity Bank v Fisherman's Wharf Resort

NOTICE OF SHERIFFS SALE UNDER JUDGMENT SALE and Decree State of Minnesota - District Court - Mille Lacs County - Contract/Mortgage Foreclosure - No. 48-CV-18-1725 - The Hon. Matthew M. Quinn - Unity Bank, Plaintiff vs. Fishermens Wharf Resort, Inc., Stenco, LLC, Daron J. Stenvold, individually, J.P.D., Inc. and Mille Lacs County, Defendants - 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 under and by virtue of a Judgment and Decree entered in the above-cited action on the 5th day of Feb., 2019, and the Order Correcting Order and Judgment filed 6/13/19, and entered 6/18/19, a certified copy of which has been delivered to me directing the sale of the premises hereinafter described to satisfy the amount found and adjudged due to said Plaintiff in the above-cited action from said Defendants Fishermens Wharf Resort, Inc., Stenco, LLC, Daron J. Stenvold, individually, J.P.D., Inc. and Mille Lacs County, the Sheriff of Mille Lacs County will sell at public auction to the highest bidder for cash, at the Mille Lacs County Sheriffs office 9/12/19 at 10:00 a.m., the premises described in Exhibit A of the Order Correcting Order and Judgment dated 6/13/19, and entered 6/18/19, to pay the debt secured by the following described mortgage: DATE OF MORTGAGE: 6/14/11. DATE OF MODIFICATION OF MORTGAGE: 3/31/16. ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $1,992,000.00. PRINCIPAL AMOUNT OF MODIFICATION OF MORTGAGE: $1,870,284.22. MORTGAGOR: Fishermens Wharf Resort, Inc., Stenco, LLC. MORTGAGEE: Unity Bank. LENDER: Unity Bank. DATE AND PLACE OF RECORDING: Mortgage recorded on 8/3/2011, as Document Number A-368598 in the Office of the County Recorder in and for Mille Lacs County, MN, and Modification of Mortgage recorded on 4/29/16, as Document #A-394853, in the Office of the County Recorder in and for Mille Lacs County, MN. PROPERTY ADDRESS: 5101 Whistle Road, Isle, MN 56342; and 3999 State Highway 18, Isle, MN 56342. PROPERTY IDENTIFICATION NUMBERS: 05-009-0601; 05-015-0301; 05-008-4600; 05-016-0101; 05-008-2200; 05-008-2300; 05-680-0330; 05-680-0410; 05-680-0420; 05-680-0430; 05-680-0440; 05-680-0450; 05-680-0460; 05-680-0470; 05-680-0480; 05-680-0490; 05-680-0640; 05-080-0110; 05-008-2100; 05-008-2000. LEGAL DESCRIPTION OF THE MORTGAGED PREMISES: Parcel 1: That part of Government Lot 1 (aka SW 1/4 of NW 1/4), Section 9, Township 43, Range 25, lying West of Andrew L. Hoaglund Addition, Mille Lacs County, MN. Parcel 2: That part of the East 900 feet of the West 1200.00 feet of the North Half of the Northwest Quarter and that part of the North Half of the South Half of the Northwest Quarter all in Section 15, Township 43, Range 25, Mille Lacs County, MN, lying northerly of the following described line to be hereinafter known as Line A: Commencing at the northwest corner of said Section 15; thence on an assumed bearing of South 00 degrees 28 minutes 00 seconds West along the west line of said Northwest Quarter of Section 15; a distance of 1787.15 feet to the Point of Beginning of Line A to be described; thence North 55 degrees 48 minutes 00 seconds East a distance of 105.94 feet; thence South 70 degrees 44 minutes 00 seconds East a distance of 292.20 feet; thence South 41 degrees 34 minutes 00 seconds East a distance of 211.10 feet; thence North 74 degrees 34 minutes 00 seconds East a distance of 761.40 feet; thence South 60 degrees 05 minutes 30 seconds East a distance of 347.60 feet; thence North 68 degrees 38 minutes 00 seconds East a distance of 1226.27 feet to the East line of said Northwest Quarter of Section 15 and there terminate said Line A. Subject to that part taken for MN Trunk Highway No. 18 over the North 75 feet thereof. Parcel 3: Government Lot 5 (aka SE 1/4 of NE 1/4) Section 8, Township 43, Range 25, Mille Lacs County, Minnesota, subject to that part thereof taken for Minn. Trunk Highway No. 47. EXCEPTING THEREFROM the following described exceptions A, B, C, D, E and F, and EXCEPTING THEREFROM that part of said Government Lot 5 lying northerly of Exception B below, and southerly of the township road as traveled and located on John Oliver survey dated 9-28-76. EXCEPTION A: That part of the West 100 feet of said Government Lot 5 lying South of the North 95.64 rods thereof. EXCEPTION B: That part of said Government Lot 5 described as commencing at a point on the West line thereof 334 feet North of the shore of Lake Mille Lacs; thence East parallel with the North line of said Government Lot 5 a distance of 100 feet to the actual point of beginning of the land to be hereby described; thence South parallel with the West line of said Government Lot 5 to said shore line of Lake Mille Lacs; thence Easterly along said shore line to intersect a line 200 feet East of and parallel with said West line of Government Lot 5; thence North along said parallel line to intersect a line parallel with said North line of Government Lot 5 thru the point of beginning; thence West to the point of beginning. EXCEPTION C: That part of the East 185 feet of the West 385 feet of said Government Lot 5 lying Southerly of the Township Road as laid out and traveled on October 29, 1968. EXCEPTION D: That part of said Government Lot 5 described as beginning at a point on the West line of said Government Lot 5 a distance of 95.64 rods (as measured at right angles to the North line of said Government Lot 5) South of the Northwest corner of said Government Lot 5; thence North along said West line of Government Lot 5 a distance of 180 feet; thence East parallel with the North line of said Government Lot 5 for a distance of 239 feet; thence Southwesterly to the point of intersection of the South line of the North 95.64 rods of said Government Lot 5 as measured at right angles of said Government Lot 5, with the East line of the West 100 feet of said Government Lot 5; thence West along said South line of the North 95.64 rods a distance of 100 feet, more or less, to the point of beginning. (NOTE: This last description for Exception D is intended to clarify and make clear the legal description for a tract described in Instrument No. 153447, recorded in Book 108 of Deeds on page 301, files of the County Recorder in and for said Mille Lacs County). Exception E: That part of Government Lot 5, also known as the Southeast Quarter of the Northeast Quarter, of Section 8, Township 43, Range 25, Mille Lacs County, Minnesota, described as commencing at the Northeast corner of Government Lot 4 of said Section 8, thence South 0 degrees 55 minutes 00 seconds East, assumed bearing, along the West line of said Government Lot 5 (also being the East line of said Government Lot 4) for a distance of 475.32 feet; thence South 89 degrees 05 minutes 00 seconds East to intersect the East line of the West 385 feet of said Government Lot 5 at a point to be hereafter known as point A for the purpose of this description, marked by a 1/2 inch iron pipe capped LS 8194; thence South 0 degrees 55 minutes 00 seconds East parallel with said West line of Government Lot 5 to intersect the shore line of Lake Mille Lacs at the actual point of beginning of the land to be hereby described; thence return North 0 degrees 55 minutes 00 seconds West to the afore described point A; thence North 79 degrees 35 minutes 00 seconds East a distance of 140.00 feet to a 1/2 inch iron pipe; thence South 3 degrees 50 minutes 00 seconds East to intersect said shore line of Lake Mille Lacs; thence Southwesterly along said shore line to the point of beginning. Together with an easement for driveway purposes over and across that part of said Government Lot 5 described as follows, to-wit: (said easement to be 33.00 feet in width and the West line of which is described as follows) Beginning at afore described point A; thence North 0 degrees 55 minutes 00 seconds West along said East line of the West 385 feet of said Government Lot 5 a distance of 227 feet, more or less, to the south line of the township road situated thereat, together with the right to maintain the same, effect snow removal and all other rights incident to its use as a driveway. Exception F: That part of Government Lot 5, also known as the Southeast Quarter of the Northeast Quarter, of Section 8, Township 43, Range 25, Mille Lacs County, Minnesota, described as commencing at the Northeast corner of Government Lot 4 of said Section 8, thence South 0 degrees 55 minutes 00 seconds East, assumed bearing, along the West line of said Government Lot 5 (also being the East line of said Government Lot 4) for a distance of 475.32 feet; thence South 89 degrees 05 minutes 00 seconds East to intersect the East line of the West 385 feet of said Government Lot 5 at a point to be hereafter known as point A for the purpose of this description, marked by a 1/2 inch iron pipe capped LS 8194; thence North 79 degrees 35 minutes 00 seconds East a distance of 140.00 feet to a point to be hereafter known as point B for the purpose of this description, marked by a 1/2 inch iron pipe; thence South 3 degrees 50 minutes 00 seconds East to intersect the shore line of Mille Lacs Lake at the actual point of beginning of the land to be hereby described; thence return North 3 degrees 50 minutes 00 seconds West to said point B; thence North 5 degrees 41 minutes 40 seconds East a distance of 44.12 feet to a 1/2 inch iron pipe; thence South 60 degrees 29 minutes 45 seconds East a distance of approximately 175 feet to intersect the Northwesterly line of the channel from said Mille Lacs Lake; thence Southwesterly along said Northwesterly line of the channel and along the shore line of Mille Lacs Lake to the point of beginning. Roadway easement: Together with an easement for driveway purposes over and across that part of said Government Lot 5 lying Northerly of the line connecting the afore described points A and B, lying Southerly of a line 33 feet Northerly of, as measured at right angles to, said line connecting said points A and B, lying east of the East line of the West 418 feet of said Government Lot 5, and lying Westerly of said line bearing North 5 degrees 41 minutes 40 seconds East from said point B. ALSO TOGETHER WITH an easement for driveway purposes over and across that part of said Government Lot 5 described as follows, to-wit: (said easement to be 33.00 feet in width and the West line of which is described as follows) Beginning at afore described point A; thence North 0 degrees 55 minutes 00 seconds West along said East line of the West 385 feet of said Government Lot 5 a distance of 227 feet, more or less, to the south line of the township road situated thereat, together with the right to maintain the same, effect snow removal and all other rights incident to its use as a driveway. Parcel 4: The East Half of the North Half of the East Half of the Northeast Quarter of the Northeast Quarter; together with the South Half of said East Half of the Northeast Quarter of the Northeast Quarter, all in Section 16, Township 43, Range 25, Mille Lacs County, Minnesota. Subject to that part taken for State Trunk Highway No. 18 over and across the North 75 feet of said Northeast Quarter of the Northeast Quarter. Subject to an easement for ingress and egress purposes over and across the East 30 feet of the North 190 feet of said Northeast Quarter of the Northeast Quarter. Also subject to an easement for ingress and egress purposes over and across that part of the East Half of the East Half of said Northeast Quarter of the Northeast Quarter lying 20 feet on each side of a centerline described as beginning at a point on the East line of said Northeast Quarter of the Northeast Quarter a distance of 190 feet south of the Northeast corner thereof; thence westerly to terminate said centerline at a point on the West line of said East Half of the East Half of the Northeast Quarter of the Northeast Quarter a distance of 228 feet south of the Northwest corner thereof. The side line of said easement being lengthened or shortened as need be to terminate at the East and West lines respectively of said East Half of the East Half of the Northeast Quarter of the Northeast Quarter. And subject to other easement of record, if any. Parcels 5 and 6: The South 569.22 feet, as measured at right angles, of that part of Government Lot 2 (aka SE 1/4 of NW 1/4 and SW 1/4 of NE 1/4), Section 8, Township 43, Range 25, lying easterly of the duly recorded plat of PEBBLE BEACH, all in Mille Lacs County Minnesota. Subject to an easement for the operation and maintenance of a septic drain field over, under and across that part of the South half of the above described property where said drain field currently exists, in favor of the following described property (hereinafter referred to as Tract A): The east 40.00 feet of Lot 10, HORSTMANS SECOND BIG POINT SUBDIVISION, AND The east 40.00 feet of the East one-half of Lot 9, HORSTMANS SECOND BIG POINT SUBDIVISION, AND That part of the alley, vacated per Doc. No. 179552, lying north of and adjacent to said Lot 1, HORSTMANS SECOND BIG POINT SUBDIVISION, and lying northeasterly of a line as drawn from the northeast corner of said Lot 1 to the southwest corner of said east 40.00 feet of the East one-half of Lot 9, HORSTMANS SECOND BIG POINT SUBDIVISION, AND The west 264.00 feet of Government Lot 4 (aka NW 1/4 of SE 1/4) Section 8, Township 43, Range 25, EXCEPT that part thereof described as follows: Beginning at the northeast corner of said Lot 1, HORSTMANS SECOND BIG POINT SUBDIVISION; thence on an assumed bearing of South 00 degrees 55 minutes 29 seconds East along the west line of said Government Lot 4 a distance of 120 feet, more or less, to the shoreline of Mille Lacs Lake; thence easterly along said shoreline to intersect a line bearing South 06 degrees 35 minutes 29 seconds East from said point of beginning; thence North 06 degrees 35 minutes 29 seconds West on said line a distance of 120 feet, more or less, to the point of beginning. Together with an easement for the operation and maintenance of a well as currently located on Tract A described above. The easement rights reserved to the within conveyed property are in consideration of the furnishing of water to Tract A under the granted easement rights. Parcels 7, 9, 10, 11, 12, 13, 14, 15 and 16: Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Block 2, PEBBLE BEACH Mille Lacs County, Minnesota. Parcel 8: Lot 16, Block 2, PEBBLE BEACH and that part of Lot 17, Block 2, PEBBLE BEACH lying Northeasterly of a line described as beginning at the Southeasterly corner of said Lot 17; thence Northwesterly to terminate said line at the Northwesterly corner of said Lot 17, Mille Lacs County, Minnesota. Parcel 17: Lots 13 and 14, Block 4, PEBBLE BEACH, Mille Lacs County, Minnesota. Parcel 18: Lot 13, Andrew Hoaglund Addition, Mille Lacs County, Minnesota. Parcel 20: The North 94.87 feet of the South 664.09 feet, as measured at right angles of that part of Government Lot 2 (aka SE 1/4 of NW 1/4 and SW 1/4 of NE 1/4) in Section 8, Township 43, Range 25, lying East of the duly recorded plat of Pebble Beach; and formerly described as: The south third (S 1/3) of the North 11.10 acres of the South 33.39 acres of Government Lot Two (2), less plat of Pebble Beach, Section 8, Township 43, Range 25, Mille Lacs County, Minnesota. Parcel 21: All that part of Government Lot 2 (aka SE 1/4 of NW 1/4 and SW 1/4 of NE 1/4) in Section 8, Township 43, Range 25 lying North of the South 664.09 feet, as measured at right angles of said Government Lot 2, lying East of the duly recorded plat of Pebble Beach, and lying South of the following described line: Beginning at a point on the East line of Government Lot 2, 189.78 feet North of the Northeast corner of said South 664.09 feet as described above; thence westerly to the Southeast corner of Lot 24, Block 4, Pebble Beach; thence westerly along the south line of said Lot 24, as extended, to the Southeast corner of Lot 13, Block 4, Pebble Beach and there terminating; formerly described as: The North 2/3 of the North 11 acres of the South 33.29 acres of Lot 2, less plat of Pebble Beach, Section 8, Township 43, Range 25, Mille Lacs County, MN. Abstract Property - AMOUNT DUE UNDER JUDGMENT & DECREE: $2,420,514.98 as of 9/12/2019. 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 said judgment and decree, the above-described property will be sold by the Sheriff of said county as follows: 9/12/19 at 10:00A.M at 640 3rd St. SE, Milaca, Mille Lac County, MN 56353 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 one (1) year from the date of said sale by the mortgagor(s), their personal representatives or assigns. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, and unless otherwise provided by law, if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23, the mortgagor must vacate the mortgaged property by 11:59 p.m. on 9/12/20, or the next business day if 9/12/20 falls on a Saturday, Sunday or legal holiday. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, 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 FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED. HOMESTEAD DESIGNATION NOTICE - IF PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE, YOU MAY DESIGNATE AN AREA AS A HOMESTEAD TO BE SOLD AND REDEEMED SEPARATELY. YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD PROPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES AND BE COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE OF THE REMAINING PROPERTY. YOU MUST PROVIDE THE PERSON FORECLOSING ON THE PROPERTY, THE SHERIFF, AND THE COUNTY RECORDER WITH A COPY OF THE LEGAL DESCRIPTION OF THE HOMESTEAD YOU HAVE DESIGNATED BY TEN BUSINESS DAYS BEFORE THE DATE THE PROPERTY IS TO BE SOLD. Mille Lacs County Sheriffs Dept., Date: 7/26/19. By:_ Kent T. Larson, Chief Deputy/Badge #5102. 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. Cassandra Jacobsen, Atty. for Plaintiff/Judgment Creditor, Unity Bank, Cozen OConnor 33 S. Sixth St., #3800 Minneapolis, MN 55402 612.260.9000. Published in the Union-Times August 1, 8, 15, 22, 29 September 5, 2019 961890

NOTICE OF SHERIFF’S SALE
UNDER JUDGMENT SALE
AND DECREE
State of Minnesota - District
Court - Mille Lacs County - Contract/Mortgage Foreclosure - No.
48-CV-18-1725 - The Hon. Matthew M. Quinn - Unity Bank, Plaintiff vs. Fishermen’s Wharf Resort,
Inc., Stenco, LLC, Daron J. Stenvold, individually, J.P.D., Inc. and
Mille Lacs County, Defendants 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 under
and by virtue of a Judgment and
Decree entered in the above-cited
action on the 5th day of Feb., 2019,
and the Order Correcting Order and
Judgment filed 6/13/19, and entered 6/18/19, a certified copy of
which has been delivered to me directing the sale of the premises
hereinafter described to satisfy the
amount found and adjudged due to
said Plaintiff in the above-cited action from said Defendants Fishermen’s Wharf Resort, Inc., Stenco,
LLC, Daron J. Stenvold, individually, J.P.D., Inc. and Mille Lacs County, the Sheriff of Mille Lacs County
will sell at public auction to the
highest bidder for cash, at the Mille
Lacs County Sheriff’s office 9/12/19
at 10:00 a.m., the premises described in Exhibit A of the Order
Correcting Order and Judgment
dated 6/13/19, and entered
6/18/19, to pay the debt secured by
the following described mortgage:
DATE OF MORTGAGE: 6/14/11.
DATE OF MODIFICATION OF
MORTGAGE: 3/31/16. ORIGINAL
PRINCIPAL AMOUNT OF MORTGAGE: $1,992,000.00. PRINCIPAL
AMOUNT OF MODIFICATION OF
MORTGAGE:
$1,870,284.22.
MORTGAGOR: Fishermen’s Wharf
Resort, Inc., Stenco, LLC. MORTGAGEE: Unity Bank. LENDER:
Unity Bank. DATE AND PLACE OF
RECORDING: Mortgage recorded
on 8/3/2011, as Document Number
A-368598 in the Office of the County Recorder in and for Mille Lacs
County, MN, and Modification of
Mortgage recorded on 4/29/16, as
Document #A-394853, in the Office
of the County Recorder in and for
Mille Lacs County, MN. PROPERTY
ADDRESS: 5101 Whistle Road,
Isle, MN 56342; and 3999 State
Highway 18, Isle, MN 56342.
PROPERTY
IDENTIFICATION
NUMBERS: 05-009-0601; 05-0150301; 05-008-4600; 05-016-0101;
05-008-2200; 05-008-2300; 05680-0330; 05-680-0410; 05-6800420; 05-680-0430; 05-680-0440;
05-680-0450; 05-680-0460; 05680-0470; 05-680-0480; 05-6800490; 05-680-0640; 05-080-0110;
05-008-2100; 05-008-2000. LEGAL
DESCRIPTION OF THE MORTGAGED PREMISES: Parcel 1: That
part of Government Lot 1 (aka SW
¼ of NW ¼), Section 9, Township
43, Range 25, lying West of Andrew
L. Hoaglund Addition, Mille Lacs
County, MN. Parcel 2: That part of
the East 900 feet of the West
1200.00 feet of the North Half of the
Northwest Quarter and that part of
the North Half of the South Half of
the Northwest Quarter all in Section
15, Township 43, Range 25, Mille
Lacs County, MN, lying northerly of
the following described line to be
hereinafter known as Line A: Commencing at the northwest corner of
said Section 15; thence on an assumed bearing of South 00 degrees 28 minutes 00 seconds West
along the west line of said Northwest Quarter of Section 15; a distance of 1787.15 feet to the Point of
Beginning of Line A to be described; thence North 55 degrees
48 minutes 00 seconds East a distance of 105.94 feet; thence South
70 degrees 44 minutes 00 seconds
East a distance of 292.20 feet;
thence South 41 degrees 34 minutes 00 seconds East a distance of
211.10 feet; thence North 74 degrees 34 minutes 00 seconds East
a distance of 761.40 feet; thence
South 60 degrees 05 minutes 30
seconds East a distance of 347.60
feet; thence North 68 degrees 38
minutes 00 seconds East a distance of 1226.27 feet to the East
line of said Northwest Quarter of
Section 15 and there terminate said
Line A. Subject to that part taken
for MN Trunk Highway No. 18 over
the North 75 feet thereof. Parcel 3:
Government Lot 5 (aka SE ¼ of NE
¼) Section 8, Township 43, Range
25, Mille Lacs County, Minnesota,
subject to that part thereof taken
for Minn. Trunk Highway No. 47.
EXCEPTING THEREFROM the following described exceptions A, B,
C, D, E and F, and EXCEPTING
THEREFROM that part of said Government Lot 5 lying northerly of Exception “B” below, and southerly of
the township road as traveled and
located on John Oliver survey dated 9¬-28-76. EXCEPTION “A”:
That part of the West 100 feet of
said Government Lot 5 lying South
of the North 95.64 rods thereof. EXCEPTION “B”: That part of said
Government Lot 5 described as
commencing at a point on the West
line thereof 334 feet North of the
shore of Lake Mille Lacs; thence
East parallel with the North line of
said Government Lot 5 a distance
of 100 feet to the actual point of beginning of the land to be hereby
described; thence South parallel
with the West line of said Government Lot 5 to said shore line of
Lake Mille Lacs; thence Easterly
along said shore line to intersect a
line 200 feet East of and parallel
with said West line of Government
Lot 5; thence North along said parallel line to intersect a line parallel
with said North line of Government
Lot 5 thru the point of beginning;
thence West to the point of beginning. EXCEPTION “C”: That part of
the East 185 feet of the West 385
feet of said Government Lot 5 lying
Southerly of the Township Road as
laid out and traveled on October
29, 1968. EXCEPTION “D”: That
part of said Government Lot 5 described as beginning at a point on
the West line of said Government
Lot 5 a distance of 95.64 rods (as
measured at right angles to the
North line of said Government Lot
5) South of the Northwest corner of
said Government Lot 5; thence
North along said West line of Government Lot 5 a distance of 180
feet; thence East parallel with the
North line of said Government Lot 5
for a distance of 239 feet; thence
Southwesterly to the point of intersection of the South line of the
North 95.64 rods of said Government Lot 5 as measured at right
angles of said Government Lot 5,
with the East line of the West 100
feet of said Government Lot 5;
thence West along said South line
of the North 95.64 rods a distance
of 100 feet, more or less, to the
point of beginning. (NOTE: This last
description for Exception “D” is intended to clarify and make clear the
legal description for a tract described in Instrument No. 153447,
recorded in Book 108 of Deeds on
page 301, files of the County Recorder in and for said Mille Lacs
County). Exception “E”: That part of
Government Lot 5, also known as
the Southeast Quarter of the Northeast Quarter, of Section 8, Township 43, Range 25, Mille Lacs
County, Minnesota, described as
commencing at the Northeast corner of Government Lot 4 of said
Section 8, thence South 0 degrees
55 minutes 00 seconds East, assumed bearing, along the West line
of said Government Lot 5 (also being the East line of said Government Lot 4) for a distance of 475.32
feet; thence South 89 degrees 05
minutes 00 seconds East to intersect the East line of the West 385
feet of said Government Lot 5 at a
point to be hereafter known as
point “A” for the purpose of this description, marked by a ½ inch iron
pipe capped LS 8194; thence
South 0 degrees 55 minutes 00
seconds East parallel with said
West line of Government Lot 5 to
intersect the shore line of Lake Mille
Lacs at the actual point of beginning of the land to be hereby described; thence return North 0 degrees 55 minutes 00 seconds West
to the afore described point “A”;
thence North 79 degrees 35 minutes 00 seconds East a distance of
140.00 feet to a ½ inch iron pipe;
thence South 3 degrees 50 minutes
00 seconds East to intersect said
shore line of Lake Mille Lacs;
thence Southwesterly along said
shore line to the point of beginning.
Together with an easement for
driveway purposes over and across
that part of said Government Lot 5
described as follows, to-wit: (said
easement to be 33.00 feet in width
and the West line of which is described as follows) Beginning at
afore described point “A”; thence
North 0 degrees 55 minutes 00 seconds West along said East line of
the West 385 feet of said Government Lot 5 a distance of 227 feet,
more or less, to the south line of the
township road situated thereat, together with the right to maintain the
same, effect snow removal and all
other rights incident to its use as a
driveway. Exception “F”: That part
of Government Lot 5, also known
as the Southeast Quarter of the
Northeast Quarter, of Section 8,
Township 43, Range 25, Mille Lacs
County, Minnesota, described as
commencing at the Northeast corner of Government Lot 4 of said
Section 8, thence South 0 degrees
55 minutes 00 seconds East, assumed bearing, along the West line
of said Government Lot 5 (also being the East line of said Government Lot 4) for a distance of 475.32
feet; thence South 89 degrees 05
minutes 00 seconds East to intersect the East line of the West 385
feet of said Government Lot 5 at a
point to be hereafter known as
point “A” for the purpose of this description, marked by a ½ inch iron
pipe capped LS 8194; thence North
79 degrees 35 minutes 00 seconds
East a distance of 140.00 feet to a
point to be hereafter known as
point “B” for the purpose of this description, marked by a ½ inch iron
pipe; thence South 3 degrees 50
minutes 00 seconds East to intersect the shore line of Mille Lacs
Lake at the actual point of beginning of the land to be hereby described; thence return North 3 degrees 50 minutes 00 seconds West
to said point “B”; thence North 5
degrees 41 minutes 40 seconds
East a distance of 44.12 feet to a ½
inch iron pipe; thence South 60 degrees 29 minutes 45 seconds East
a distance of approximately 175
feet to intersect the Northwesterly
line of the channel from said Mille
Lacs Lake; thence Southwesterly
along said Northwesterly line of the
channel and along the shore line of
Mille Lacs Lake to the point of beginning. Roadway easement: Together with an easement for driveway purposes over and across that
part of said Government Lot 5 lying
Northerly of the line connecting the
afore described points “A” and “B”,
lying Southerly of a line 33 feet
Northerly of, as measured at right
angles to, said line connecting said
points “A” and “B”, lying east of the
East line of the West 418 feet of
said Government Lot 5, and lying
Westerly of said line bearing North
5 degrees 41 minutes 40 seconds
East from said point “B”. ALSO TOGETHER WITH an easement for
driveway purposes over and across
that part of said Government Lot 5
described as follows, to-wit: (said
easement to be 33.00 feet in width
and the West line of which is described as follows) Beginning at
afore described point “A”; thence
North 0 degrees 55 minutes 00 seconds West along said East line of
the West 385 feet of said Government Lot 5 a distance of 227 feet,
more or less, to the south line of the
township road situated thereat, together with the right to maintain the
same, effect snow removal and all
other rights incident to its use as a
driveway. Parcel 4: The East Half of
the North Half of the East Half of
the Northeast Quarter of the Northeast Quarter; together with the
South Half of said East Half of the
Northeast Quarter of the Northeast
Quarter, all in Section 16, Township
43, Range 25, Mille Lacs County,
Minnesota. Subject to that part taken for State Trunk Highway No. 18
over and across the North 75 feet
of said Northeast Quarter of the
Northeast Quarter. Subject to an
easement for ingress and egress
purposes over and across the East
30 feet of the North 190 feet of said
Northeast Quarter of the Northeast
Quarter. Also subject to an easement for ingress and egress purposes over and across that part of
the East Half of the East Half of said
Northeast Quarter of the Northeast
Quarter lying 20 feet on each side
of a centerline described as beginning at a point on the East line of
said Northeast Quarter of the
Northeast Quarter a distance of
190 feet south of the Northeast corner thereof; thence westerly to terminate said centerline at a point on
the West line of said East Half of the
East Half of the Northeast Quarter
of the Northeast Quarter a distance
of 228 feet south of the Northwest
corner thereof. The side line of said
easement being lengthened or
shortened as need be to terminate
at the East and West lines respectively of said East Half of the East
Half of the Northeast Quarter of the
Northeast Quarter. And subject to
other easement of record, if any.
Parcels 5 and 6: The South 569.22
feet, as measured at right angles, of
that part of Government Lot 2 (aka
SE ¼ of NW ¼ and SW ¼ of NE ¼),
Section 8, Township 43, Range 25,
lying easterly of the duly recorded
plat of PEBBLE BEACH, all in Mille
Lacs County Minnesota. Subject to
an easement for the operation and
maintenance of a septic drain field
over, under and across that part of
the South half of the above described property where said drain
field currently exists, in favor of the
following described property (hereinafter referred to as Tract A): The
east 40.00 feet of Lot 10, HORSTMANS SECOND BIG POINT SUBDIVISION, AND The east 40.00 feet
of the East one-half of Lot 9,
HORSTMANS
SECOND
BIG
POINT SUBDIVISION, AND That
part of the alley, vacated per Doc.
No. 179552, lying north of and adjacent to said Lot 1, HORSTMANS
SECOND BIG POINT SUBDIVISION, and lying northeasterly of a
line as drawn from the northeast
corner of said Lot 1 to the southwest corner of said east 40.00 feet
of the East one-half of Lot 9,
HORSTMANS
SECOND
BIG
POINT SUBDIVISION, AND The
west 264.00 feet of Government
Lot 4 (aka NW ¼ of SE ¼) Section
8, Township 43, Range 25, EXCEPT
that part thereof described as follows: Beginning at the northeast
corner of said Lot 1, HORSTMANS
SECOND BIG POINT SUBDIVISION; thence on an assumed bearing of South 00 degrees 55 minutes
29 seconds East along the west
line of said Government Lot 4 a distance of 120 feet, more or less, to
the shoreline of Mille Lacs Lake;
thence easterly along said shoreline to intersect a line bearing South
06 degrees 35 minutes 29 seconds
East from said point of beginning;
thence North 06 degrees 35 minutes 29 seconds West on said line a
distance of 120 feet, more or less,
to the point of beginning. Together
with an easement for the operation
and maintenance of a well as currently located on Tract A described
above. The easement rights reserved to the within conveyed
property are in consideration of the
furnishing of water to Tract A under
the granted easement rights. Parcels 7, 9, 10, 11, 12, 13, 14, 15 and
16: Lots 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35 and 36, Block 2,
PEBBLE BEACH Mille Lacs County,
Minnesota. Parcel 8: Lot 16, Block
2, PEBBLE BEACH and that part of
Lot 17, Block 2, PEBBLE BEACH
lying Northeasterly of a line described as beginning at the Southeasterly corner of said Lot 17;
thence Northwesterly to terminate
said line at the Northwesterly corner of said Lot 17, Mille Lacs County, Minnesota. Parcel 17: Lots 13
and 14, Block 4, PEBBLE BEACH,
Mille Lacs County, Minnesota. Parcel 18: Lot 13, Andrew Hoaglund
Addition, Mille Lacs County, Minnesota. Parcel 20: The North 94.87
feet of the South 664.09 feet, as
measured at right angles of that
part of Government Lot 2 (aka SE ¼
of NW ¼ and SW ¼ of NE ¼) in
Section 8, Township 43, Range 25,
lying East of the duly recorded plat
of Pebble Beach; and formerly described as: The south third (S 1/3)
of the North 11.10 acres of the
South 33.39 acres of Government
Lot Two (2), less plat of Pebble
Beach, Section 8, Township 43,
Range 25, Mille Lacs County, Minnesota. Parcel 21: All that part of
Government Lot 2 (aka SE ¼ of NW
¼ and SW ¼ of NE ¼) in Section 8,
Township 43, Range 25 lying North
of the South 664.09 feet, as measured at right angles of said Government Lot 2, lying East of the
duly recorded plat of Pebble
Beach, and lying South of the following described line: Beginning at
a point on the East line of Government Lot 2, 189.78 feet North of the
Northeast corner of said South
664.09 feet as described above;
thence westerly to the Southeast
corner of Lot 24, Block 4, Pebble
Beach; thence westerly along the
south line of said Lot 24, as extended, to the Southeast corner of Lot
13, Block 4, Pebble Beach and
there terminating; formerly described as: The North 2/3 of the
North 11 acres of the South 33.29
acres of Lot 2, less plat of Pebble
Beach, Section 8, Township 43,
Range 25, Mille Lacs County, MN.
Abstract Property - AMOUNT DUE
UNDER JUDGMENT & DECREE:
$2,420,514.98 as of 9/12/2019.
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
said judgment and decree, the
above-described property will be
sold by the Sheriff of said county as
follows: 9/12/19 at 10:00A.M at 640
3rd St. SE, Milaca, Mille Lac County, MN 56353 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 one (1)
year from the date of said sale by
the mortgagor(s), their personal
representatives or assigns. TIME
AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, and
unless otherwise provided by law, if
the mortgage is not reinstated under section 580.30 or the property
is not redeemed under section
580.23, the mortgagor must vacate
the mortgaged property by 11:59
p.m. on 9/12/20, or the next business day if 9/12/20 falls on a Saturday, Sunday or legal holiday. THE
TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, 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 FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED. HOMESTEAD DESIGNATION NOTICE - IF PART OF THE
PROPERTY TO BE SOLD CONTAINS YOUR HOUSE, YOU MAY
DESIGNATE AN AREA AS A
HOMESTEAD TO BE SOLD AND
REDEEMED SEPARATELY. YOU
MAY DESIGNATE THE HOUSE
YOU OCCUPY AND ANY AMOUNT
OF THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD PROPERTY MUST CONFORM TO THE LOCAL ZONING
ORDINANCES AND BE COMPACT
SO THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE
OF THE REMAINING PROPERTY.
YOU MUST PROVIDE THE PERSON FORECLOSING ON THE
PROPERTY, THE SHERIFF, AND
THE COUNTY RECORDER WITH A
COPY OF THE LEGAL DESCRIPTION OF THE HOMESTEAD YOU
HAVE DESIGNATED BY TEN BUSINESS DAYS BEFORE THE DATE
THE PROPERTY IS TO BE SOLD.
Mille Lacs County Sheriff’s Dept.,
Date: 7/26/19. By:_ Kent T. Larson,
Chief Deputy/Badge #5102. 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.
Cassandra Jacobsen,
Atty. for Plaintiff/Judgment Creditor, Unity Bank, Cozen O’Connor
33 S. Sixth St., #3800
Minneapolis, MN 55402
612.260.9000.
Published in the
Union-Times
August 1, 8, 15, 22, 29
September 5, 2019
961890