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Forclosure Sale: Mitchel J. and Kristen C. Avery

Tuesday, March 20, 2018 - 6:09pm

Foreclosure Sale

Publish February 14, 21, 28, March 7, 14, 21, 2018

NOTICE OF MORTGAGE

FORECLOSURE SALE

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 default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: January 11, 2007

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $613,000.00

MORTGAGOR(S): Mitchell J. Avery and Kristen C. Avery, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc., as nominee for Sound Mortgage Decisions Corporation

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 1000157-0007672323-4

SERVICER: Bayview Loan Servicing, LLC

LENDER: Sound Mortgage Decisions Corporation

DATE AND PLACE OF FILING: Douglas County Minnesota Recorder on January 16, 2007 as Document No. A291261

ASSIGNED TO: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-1, Mortgage Pass-Through Certificates, Series 2007-1 dated 12/13/2011 recorded on 12/15/2011 as Document No. 342839

LEGAL DESCRIPTION OF PROPERTY: All of Lot Eight (8) and that part of Lot Nine (9), Oakland C.O. Anderson's Outlots, Douglas County, Minnesota, described as follows: Beginning at the northerly most corner of Lot Eight (8), Oakland C.O. Anderson's Outlots;

thence South 45 degrees 16 minutes 33 seconds West, assumed bearing, along the northwesterly most line of said Lot 8 and 9, a distance of 126.46 feet;

thence South 35 degrees 24 minutes 48 seconds East 199 feet more or less to the shoreline of Lake Carlos;

thence northeasterly, along said Lake, 125 feet more or less to the northeasterly most line of said Lot 8;

thence North 35 degrees 24 minutes 46 seconds West, along said northeasterly most line, 221 feet more or less to the point of beginning,

Douglas County, Minnesota

PROPERTY ADDRESS: 4431 County Road 11 NE, Alexandria, MN 56308

PROPERTY I.D: 12-1168-000

COUNTY IN WHICH PROPERTY IS LOCATED: Douglas

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Five Hundred Fifty-One Thousand Nine Hundred Sixty-Four and 45/100 ($551,964.45)

THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;

PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: April 12, 2018 at 10:00 AM

PLACE OF SALE: Sheriff`s Office Lobby, 216 7th Avenue West, Alexandria, MN 56308

to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section 580.30 or the property is not redeemed under Minn. Stat. Section 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on October 12, 2018, or the next business day if October 12, 2018 falls on a Saturday, Sunday or legal holiday.

"THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."

Dated: February 8, 2018

The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-1, Mortgage Pass-Through Certificates, Series 2007-1

Randall S. Miller and Associates, PLLC

Attorneys for Assignee of Mortgage/Mortgagee

Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050

Minneapolis, MN 55402

Phone: 952-232-0052

Our File No. 18MN00004-1

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

A-4646742

2594586