NOTICE OF TERMINATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated December 14, 2011 and recorded on December 16, 2011, as Document Number 1101867 in the Office of the County Recorder Registrar of Titles of Otter Tail County, Minnesota, in which Lizzie Bay Investments, LP, a limited partnership under the laws of the State of Minnesota*, as Seller, sold to James D. Hanson, as Purchaser, the real property in Otter Tail County, Minnesota, described as follows:
See Exhibit “H” attached
hereto and made a part hereof.
Check here if all or part of the described real property is Registered (Torrens)
2. The default is as follows: Contract for Deed ballooned on August 1, 2019. Outstanding principal and interest as of December 15, 2019 is in the amount of $15,343.45 together with unpaid real estate taxes for the year 2019 in the amount of $270.00.
3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was […] Dollars ($ […]) and the amount of the purchase price paid by the Purchaser is […] Dollars ($ […]), which is […]% of the purchase price, as calculated in the manner required by Minn. Stat. 559.21, subd. 1e.
*Subsequently assigned to Bogenbrook, Inc., a corporation under the laws of the State of Minnesota by Quit Claim Deed dated November 27, 2017 and filed for record November 29, 2017 as Document No. 1199715.
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 90 DAYS AFTER
[SERVICE OF THIS NOTICE UPON YOU]
[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, $[…] (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 the Seller or of an attorney authorized by the seller to accept payments pursuant to this notice is:
Name: Thomas H. Sellnow
(check the applicable box)
Seller Attorney for Seller
Mailing Address: 229 Central Avenue, Long Prairie, MN 56347
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:
229 Central Avenue, Long Prairie, MN 56347
Telephone: (320) 732-1919
This person is authorized to receive the payments from you under this notice.
/s/ Thomas H. Sellnow
Thomas H. Sellnow
That part of the Southwest Quarter of the Northeast Quarter, Section 21, Township 135, Range 43, Otter Tail County, Minnesota, described as follows:
Commencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 89 degrees 34 minutes 53 seconds West along the north line of said Southwest Quarter of the Northeast Quarter, a distance of 230.46 feet to the point of beginning of the land to be described; thence continuing South 89 degrees 34 minutes 53 seconds West along said north line, a distance of 1097.81 feet to the northwest corner of said Southwest Quarter of the Northeast Quarter; thence South 59 degrees 17 minutes 19 seconds East a distance of 1036.11 feet; thence North 57 degrees 39 minutes 23 seconds East a distance of 370.57 feet to the intersection with a line which bears South 17 degrees 22 minutes 51 seconds East from the point of beginning; thence North 17 degrees 22 minutes 51 seconds West a distance of 355.14 feet to the point of beginning.
Containing 8.21 acres more or less. Subject to the rights of the public in Dump Road.