Notice of Termination of C/D Budensiek - Hensley
NOTICE OF TERMINATION
OF CONTRACT FOR DEED
1. Default has occurred in the Contract for Deed (“Contract”) dated December 7, 2016 and recorded on December 14, 2016, as Document Number 325645, and re-recorded on March 17, 2017 as Document Number 326614, and the Contract for Deed dated April 14, 2017, and recorded on April 24, 2017, as Document Number 326977, in the Office of the County Recorder Wabasha County, Minnesota, in which Kathleen A. Budensiek, a single person, as Seller, sold to Joanne Hensley as Purchaser, the real property in Wabasha County, Minnesota, described as follows:
All that part of Lots 9 and 10 In Block 70. in the City of Lake City, described as follows: Beginning at the NWly corner of Lot 10 in Block 70 in the City of Lake City on the line of said Lot and Lakewood Avenue; running thence SWly on the Ely line of said Lakewood Avenue 69 1/2 ft. toward Prairie Street; thence at right angles parallel with said Prairie Street SEly 66ft.; thence at right angles NEly parallel with the Ely line of said Lakewood Avenue to the rear line of said Lot 9; thence at right angles NWly along the rear line said lots 9 and 10 to the place of beginning, Wabasha County, MN.
Check here if all or part of the described real property is Registered (Torrens) n
2. The default is as follows: Failure to pay the second one-half of the real estate taxes due on or before October 15, 2023; Failure to pay the first one-half of the real estate taxes due on or before May 15, 2024; failure to pay the second half of the taxes due on or before October 15, 2024, plus accrued penalty and interest. The Contract Vendee is deceased, and no other purchaser/vendee is named in the contract. Failure to insure the property in 2023 and 2024. Failure to make the required mortgage payments to Lake City Federal in accordance with the terms of the existing mortgage as provided for in the Contract for Deed.
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.
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.) $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: Mark A. Jarstad
Attorney for Seller
Mailing Address: 136 Main Street
East, Wabasha, MN 55981
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:
136 Main Street East,
Wabasha, MN 55981
Telephone: (651) 565-3838
This person is authorized to receive the payments from you under this notice.
/s/ Mark A. Jarstad
Mark A. Jarstad
Published in the Lake City Graphic
on November 14, 21 & 28, 2024