Public Notices, June 8, 2019
(June 8, 15, 22, 2019)
NOTICE OF TERMINATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated November 15, 2016, and recorded on November 18, 2016, as Document Number 409214, in the Office of the County Recorder of Brown County, Minnesota, in which Rachel A. Walden as Seller, sold to Eric Gustavo Gonzalez and Ludivina Garza as Purchaser, the real property in Brown County, Minnesota, described as follows:
Front One-half (1/2), so-called, of Lot 8, Block 134, South of Central Street, City of New Ulm, Brown County, Minnesota.
Check here if all or part of the described real property is Registered (Torrens)
2. The default is as follows:
a. The Purchaser made its monthly payment in November, 2018. These monthly payments are in the amount of $575.73 and as of the date of this notice the Purchaser’s monthly payments are delinquent in the amount of $3,454,38.
b. The Purchaser has failed to pay the real estate taxes as required by the Contract, and the Seller has paid the real estate taxes in the amount of $1,107.91.
c. The Purchaser discontinued the homeowners insurance on the property, and the Seller has paid the monthly premium for the homeowners insurance in the amount of $55.61 per month for a total of $444.88.
The total amount owed by the Purchaser from the default noted above is $5,007.17 as of the date of this notice.
3. For contracts executed after August 1, 1976, and prior to August 1, 1985. the purchase price was _____
Dollars ($____) and the amount of the purchase price paid by Purchaser is ________
Dollars (S______), which is _____% of the purchase price, as calculated in the manner required by Minn. Stat. 559.21, subd. 1e.
4. The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.
5. THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE.
THE CONTRACT WILL TERMINATE NINETY (90) DAYS AFTER THE FIRST DATE OF PUBLICATION OF THIS NOTICE
UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS OF SERVICE (TO BE SENT TO YOU): PLUS
(3) $500.00 TO APPLY TO ATTORNEYS’ FEES ACTUALLY EXPENDED OR INCURRED; PLUS
(4) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS
(5) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $69.00 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR
(b) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.
6. The name, mailing address, street address or location and telephone number of Seller or of an attorney authorized by Seller or of an attorney authorized by Seller to accept payments pursuant to this notice is:
Name: Michael H. Boyle
Attorney for Seller
P.O. Box 428
New Ulm, MN 56073-0428
Street Address or Location where Seller or the Attorney will accept payment pursuant to this notice:
219 North Broadway, Suite C
New Ulm, MN 56073
Telephone: (507) 233-3900
This person is authorized to receive the payments from you under this notice.
/s/ Michael H. Boyle
Michael H. Boyle, Attorney for Seller