TERMINATION 2

Published 8:11 am Wednesday, April 26, 2023

PUBLIC NOTICE

SECOND AMENDED NOTICE OF TERMINATION OF CONTRACT FOR DEED

YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated July 13, 2021 and recorded on July 13, 2021 as Document Number T17930 in the Office of the County Recorder of Mower County, Minnesota in which Capsheaf, LLC a Limited Liability Company under the laws of Minnesota as Seller, sold to Sam Nguyen, as Purchaser, the real property in Mower County, Minnesota, described as follows:
Lot 3, Block 30 Yates and Lewis Addition to the City of Austin, Mower County, Minnesota. AND ALSO
The South Half of Lot 4, Block 30, Yates and Lewis Addition to the City of Austin, Mower County, Minnesota.
2. The default is as follows:
The Purchaser has failed to pay his monthly payment for the month of November in the amount of $823.46.
The Purchaser has failed to pay his late fee for the month of the November in the amount of $50.00.
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 Purchaser is _ Dollars, 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 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) $250.00 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.

Email newsletter signup

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 to accept payments pursuant to this notice is:
Name: Daniel T. Donnelly
Attorney for Seller
Mailing Address:
Donnelly Law Office
211 2nd Street NW
Austin, MN 55912

Street Address or Location where Seller or the Attorney will accept payment pursuant to this notice:
Donnelly Law Office
211 2nd Street NW
Austin, MN 55912
Telephone: (507)434-9665
This person is authorized to receive the payments from you under this notice.
/s/Daniel T. Donnelly
THIS INSTRUMENT WAS DRAFTED BY:
Donnelly Law Office
211 2nd Street NW
Austin, MN 55912

AFTER TERMINATION OF THE CONTRACT FOR DEED, TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO:
Capsheaf, LLC
c/o Koryn R. Smith
29th St. Sw
1205 28th St. SW
Austin, MN 55912

Austin Daily Herald:
April 26, May 3 and 10, 2023
TERMINATION 2