Published 10:39 am Monday, May 29, 2023
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated April 1, 2019 and recorded on April 1, 2019 as Document Number A644922 in the Office of the County Recorder of Mower County, Minnesota in which Julie Ann E. Matter, a single person as seller, sold to Curtis Optaia and Ersihla Optaia, husband and wife as purchaser, the real property in Mower County, Minnesota, described as follows:
The East 46 feet of Lot 9, Block 27, Yates and Lewis Addition to the City of Austin, Minnesota. Subject to easements, restrictions and reservations of record.
Check here if all or part of the described real property is Registered (Torrens)
2. The default is as follows:
Failure to make payments of principal, interest, and property taxes required under the contract including paying the entire outstanding principal balance and interest in full on April 1, 2022. Total due and owing is $71,680.00 for principal and interest and $5056.00 for property taxes for a total amount of $76,736.00
4. The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.
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.) $ 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, $ 432.00 (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);
(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: Adam J. Houck
Attorney for Seller
Mailing Address: 300 First Street NW, Austin MN 55912
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice: 300 First Street NW,
Austin MN 55912
This person is authorized to receive the payments from you under this notice.
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/s/ Adam J. Houck
Austin Daily Herald:
May 13, 20 and 27, 2023