HomeMy WebLinkAboutWingenbach_17000020022000_Complaints_Violations_receiving
OCT:2012Scott Ellingson, Inspector
LAND AND RESOURCE MANAGEMENT
Government Services Center - 540 West Fir
Fergus Falls, Mn 56537
LAND & RE<^OURGE
RE: Onsite Sewage System Inspection,
Non-Compliant
Parcel(s)
Lake Name
I7000020022000 17000110144001
Little Pelican Lake No 56761 Class RD
Dear Scott Ellingson:
As owner(s) of the above described parcel(s) we are aware of the
non-conforming sewer system. At the present time this property is
not occupied and when or if we developed or transfer Title it will be
declared that the present system is non-conforming and will have to
be updated to comply with current use code.
Sincerely,
Owner
SCANNED
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
10/25/2012
Todd C & Larry J Kohler
50913 County Highway 31
Detroit Lakes MN 56501 9455
RE: Primary Owner Todd C & Larry J Kohler
Result of Onsite Sewage System Inspection, Non-Compliant
Parcel(s)
Lake Name
17000020022000 17000110144001
Little Pelican Lake No 56-761 Class RD
Dear Todd C & Larry J Kohler:
As part of Otter Tail County’s ongoing Sewage System Inspection Program, our Office
inspected your sewer system located at 51010 CO HWY 31 on 10/24/2012
At that time, we found your sewage system to be non-compliant for the following
reason(s):
Failed drainfield w/surface discharge
Failure to protect ground H20
Previous System Failure
Failure to comply with Mark Ronning’s (Inspector) letter dated 03/06/03
Please contact our Office by 11/26/2012, at 218-998-8095, so that this matter can
hopefully be resolved.
Sincerely,
Scott Ellingson
Inspector
scan:<ed
){«xp Cvvv Oa .
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
September 15, 2011
JP Morgan Chase Bank NA
3415 Vision Dr
Columbus, OH 43219-6009
A
RE: Results of Onsite Sewage System Inspection, Non-Compliant
If a 1] _
17000020022000 and 170001101^44001
Little Pelican Lake No 56-761 Class RD
^OlO Co
Parcel(s)
Lake Name
Dear JP Morgan Chase Bank NA,
As part of Otter Tail County’s ongoing Sewage SystSfflElnspection Program, our Office inspected
_______ on 06/2®08.
At that time, we found your sewa^system tcffenon-compliant for the following reason(s):
Previous system failure S
Failure to comply with Mark Ronnin^^flnsn^Br) letter dated 03/06/03
Please contact our;^ice by October 17, 2011, at 218-998-8095, so that this matter can hopefully be
resolved. S
Sincerely,
Scott Ellingson
Inspector
Lptrrij
iocp^ f\j~^ Q^p
Department of
LAND AND RESOURCE MANAGEMENT■a QtTER TAIL COUNTY
Government Services Center - 540 We^ Fir
Fergus Falls, MN 56537 :
PH: 218-998-8095
Otter Tail. County’s WEBSITE: www.co.otter-tail.mn.us
September 15, 2011
JP Morgan Chase Bank NA
3415 Vision Dr
Columbus, OH 43219-6009
RE: Results of Onsite Sewage System Inspection, Non-Compli£iht
Parcel(s)
Lake Name
17000020022000 and 170001101144001
Little Pelican LakeNo 56-761 Class RD
Dear JP Morgan Chase Bank NA,
As part of Otter Tail County’s ongoing Sewage Syst^Elnspection Program, our Office inspected
your sewer system located at 51010 CoJIwv 31 on b6/2i^D08.
At that time, we found your sewaj^system tcl^fe^on-compliant for the following reason(s):
Previous system failure =
Failure to comply with Mark Ronnin^&^nsjg^Br) letter dated 03/06/03
Please contact our^fice by October 17, 2011, at 218-998-8095, so that this matter can hopefully be
resolved. S
Sincerely,
Scott Ellingson
Inspector
r
STATE OF MINNESOTA
COUNTY OF OTTER TAIL
DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CRIMINAL DIVISION
STATE OF MINNESOTA,
Plaintiff,
STATE’S DISMISSAL OF
CHARGES PURSUANT TO RULE 30.01
-vs-
Joshua Brekke,
District Court File No. 56-CR-l 1-2184
County Attorney File Number 1IM-146E
Defendant.
The State of Minnesota hereby dismisses tlie charges in the above-named case for the following
reasons:
The property at issue has been foreclosed and ownership has changed. It is in the interests of justice to
dismiss charges in this matter at this time.
Dated: 09/09/2011
Ryan 0. Cheshire
Assistant County Attorney
121 West Junius, Suite 320
Fergus Falls, MN 56537
218-998-8400
Attorney Registration Number: 0319296
received
SEP 0 1 2011FILED EFile ID;
land & R£SOUF<CE
DISTRICT COURTSTATE OF MINNESOTA AUG 2 5 2011
SEVENTH JUDICIAL DISTRICTCOUNTY OF OTTER TAIL
.COURT ADMINISTRATOR OTTER TAIL COUNTY. MINN.
COURT FILE NO.:
PROSECUTOR FILE NO.: IIM-I46E
State of Minnesota,
Plaintiff,
SI Summons EH Warrant
EH Order of DetentionV.
Joshua Brekke DOB:
3680 River Drive South
Fargo, ND 58104-6220 EH Amended
EH Tab charge Previously FiledDefendant.
The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is
probable cause to believe that the Defendant committed the following offense(s):
Count 1
Failure to Comply With Abatement Notice
In Violation Of:
Penalty:
OTC SMO IV.2.; 56.0060 (4)
0-90 days and/or $1,000 fine
On or about June 26, 2008 and continuing through July 15, 2011, within the County of Otter Tail, one
Joshua Brekke, the defendant, did fail to upgrade, replace, or properly abandon within the time period
established by the Office of Land and Resource Management, the non-compliant sewage system on his
property.
Page 2
STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Complainant is a; duly acting and. appointed law enforcement officer with the County of Otter Tail,
Minnesota, who received information regarding the below-described offense.
The Brekke property is located at 51010 County Highway 31, a location within Otter Tail County. The
property is located in sections eleven and two of Dunn Township. The tax parcel numbers for the
property are 17000110144001 and 17000020022000. The property is located in the shoreland area of Little
Pelican Lake. Little Pelican Lake is numbered 56-761 and is classified as a recreational development
lake. On June 26, 2008, Inspectors Douglas and Hausske visit the Brekke property and found the septic
system to be non-compliant because of a failed'drainfield. The Land and Resource Office had contact
with the previous owners, Mark and LavonnevKenyon and issued an Abatement Notice to them on
March 6, 2003. The office issued Joshua Brekke an Abatement Notice on July 23, 2008, citing the
previous system failure and failure to comply with the previous notice of March 6, 2003. Joshua Brekke
called the Land and Resource Office on August 1, 2008 and was given one year to fix the problems. On
April 22, 2009, Joshua Brekke applied for a Conditional Use Permit to convert the property into a
restaurant/bar; The request was denied on May 19, 2009. A one year reminder was sent to Joshua
Brekke on June 4, 2009. Joshua Brekke called'the Land arid Resource Office on June 11, 2009, and was
given until 2010 to update the system due to the restaurant plans. A two year reminder letter was sent to
Joshua Brekke on June 10, 2011, giving him until July 15, 2011, to update the system. On July 15, 2011,
Joshua Brekke was issued violation #3719 citing failure to comply with an abatement notice.
Y10 A
'jo !'
Page 3/
Complainant requests that Defendant, subject to bail or conditions of release, be;
(1) arrested or that other lawful steps be taken to ot)tain Defendant's appearance in court; or
(2) detained, if already in custody, pending further, proceedings; and that said Defendant otherwise be dealt with
according to law.
COMPLAINANT'S NAME:COMPLAINANT'S SIGNATURE:
Subscribed and sworn to before the undersigned this day of 20fli
SIGNATURE:NAME/TITLE:^^esses^^sss3ssss8SSB^si^\^ DAWNM.GODEL I
NOTARY PUBLIC- MiliiNESCTA ‘j
My Commission Expires Jan. 31, !015 | ‘
Being authorized to prosecute the offenses charged, I approve this complaint.
PROSECUTING ATTORNEY'S SIGNATURE:Date:
Naina Ryan C. Cheshire
Assistant County Attorney
121 West Junius, Suite 320
Fergus Falls, MN 56537
218-998-8400
Attorney Registration Number: 0319296
;■
(
Court Case #:
FINDING OF PROBABLE CAUSE
From the above sworn facts, and anysupporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that
probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or other lawfull steps to
be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending further proceedings.
Defendant is therefore charged with the above-stated offense(s).
Q SUMMONS
THEREFORE, YOU THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appear on the
20 )l at ^ I/S' before the above-named court at Of ('-k/YOE CMC'st'
this complaint.
jJuoiu/Y Av/e/nUe,.
f^lls'y 5'6S'?~2
day of
to answer
I I WARRANT l/io-
To the Sherriff of the aboved-named county; or other person authorized to execute this warrant; I hereby order, in the name of the
State of Minnesota, that the above-named Defendant be apprehended and arrested without delay and brought promptly before the
above-named court (if in session), and if not, before a Judge or Judicial Officer of such court without unneccessary delay, and in any
event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.
CU Execute in Border Statesn Execute in MN Only n Execute Nationwide
I ORDER OF DETENTION
Since the above-named Defendant is already in custody, I hereby order, subject to bail or conditions of release, that the above-named
Defendant continue to be detained pending further proceedings.
Bail:
Conditions of Release:
This complaint, duly subscribed and sworn to, is issued by the undersigned Judicial Officer this
20 M
day of
SIGNATURE:JUDICIAL OEFjlCER: ,
v-3 UCV'L-f
/NAME:
TITLE:
Sworn testimony has been given before the Judicial Officer by the following witnesses;
Clerk's Signature or File Stamp:COUNTY OF OTTER TAIL
STATE OF MINNESOTA
State of Minnesota
RETURN OF SER VICE
I hereby Certify and Return that I have served a copy of this
Summons upon the Defendant(s) herein-named.
Plaintiff
vs.
Signature of Authorized Service Agent:Joshua Brekke
Defendant
Page 5/
STATUTE AND OFFENSE GRID
Offense
Level
Control
Number(s)
Offense
Date
Controlling
GOC Agencies
Statute
Type Statute Number & Description MOCCnt
1 06/26/2008 OTC SMO IV.2.; 56.0060 (4)M N
Arrestingto
07/15/2011 Failure to Comply With
Abatement Notice
STATE OF MINNESOTA vs. Joshua Brekke
Prosecutor File Number: 11M-146E
DEFENDANT FACT SHEET
I.3680 River Drive South
Fargo, ND 58104-6220
Address:1.
1
1
DOB:2.
;Other DOBs:3.
Race/Ethnicity:Ethnicity:4.Race:
SID:5.
I-
y'
■V ■■ if
VVID:6.
Alias Information:7.5
Fingerprinted:8.No
Handguii Permit:9.No
Otter Tail County10.Location of Violation:
Drivers License #:11.
12.AccidentiType:NONE
License Plate #13.
Alcohol Concentration:14.
1
Original - Owner ,
Yellow - C*oiinty AHy.
Pink - LRO
VIOLATION 3179
I%<Lua 2rcKKe
^K\Jfr X)r~ S.
Name
Address
/nI.D.City/State/Zip YAT^o
L- ______
"7CYi?ii(?l I'l^lOQi A Hci nC'POoXOo'^^CDO
N. b^L \ € ^ i4u;y \^bom __________
PT r^tlhjyi€ < (P^ipYr' j. 10 Ac
You are hereby notified that you have violated the Shbreland Management Ordinance of Otter Tail County, Minnesota pur
suant to MINN. STATUTES CHART. 394 AND SEC. 103F.201 THROUGH 103F.221.The nature of the violation is as follows:
|vj C? f i C Y-_____________
Lake NameLake No. 56-
iParcel No. J
Legal Description
F'Ailur^ Ui Ki AhA-'i
&TC <HO ZL.eolo
^ r'\N i
You MUST CONTACT the Land & Resource Management Office, Government Services Center, West Fir Ave., Fergus Falls,
Minnesota on or before_______
Attorney’s Office for legal action.
This violation may^e referred to the Otter Tail County
njid I iDATED:
^ eor/p _____
(Ykand & Resource Management Official
Phone: 218-998-80951#^
BK 0706-001 326,779 • Victor Lundeen Co., Printers, Fergus Falls, MN
OriginaJ 10v</nej;.^,__
Yellow - iSoiinty Atty.
Pink - LRO
VIOLATION 3179
'A/M.mo Brr
'KwJfr Pr~ S.Address
City/State/Zip FAf O
-j
InI.D.(
7ZL. ______
nccoo^oo'x'^fXo 6nLake Name
A N 'I
Lake No. 56-l—L
Parcel No. i-?OCOIiPl I'1^1/^Ol
Legal Description _bL__I 7$« ^ )
___________Pr F
■i
t 'K11-' ^
t j-60 A(hU If
I- Ap i't-'t I'I ^^ *'1 ^ 5
You are hereby notified that you have violated the Shoreland Management Ordinance of Otter Tail County, Minnesota pur
suant to MINN. STATUTES CHART. 394 AND SEC. 103F.201 THROUGH 103F.221.The nature of the violation is as follows:
i'Aijvrv'
Ei
> TV, A 14 A hAi rV'H't c-7i (T ^
m( C c <pM
CTC <HO GL.tO(,o ■P
You MUST CONTACT the Land & Resource Management Office, Government Services Center, West Fir Ave., Fergus Falls,
This violation msqrbe referred to the Otter Tail County
^ t ‘
Minnesota on or before_______
Attorney’s Office for legal action.'7 116/I ^DATED:
(^Land & Resource Management Official
Phone: 218-998-8095
BK 0706-001 326.779 - Victor Lundeen Co.. Printers, Fergus Falls. MN
j
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Mavis Samuelson, of the City of Fergus Falls, County of Otter Tail, in the State of Minnesota,
being duly sworn, says that on the 18*'’ day of July, 2011, she served the annexed:
VIOLATION NO. 3179
On the following person, by mailing a copy thereof, enclosed in an envelope, postage prepaid,
and by depositing same in the post office at Fergus Falls, Minnesota, directed to said person at
the following address:
JOSHUA BREKKE
3680 RIVER DR S
FARGO ND 58104-6220
Mavis Samuelson
Land & Resource Management Official
Subscribed and sworn to before me this
18*^ dav of July, 2011
Notary P^bli:
My Commission Expires January 31, 2015
<«♦AMY JO MARK
NOTARY PUBLIC-MINNESOTA
My Commission Expires JAN, 31.2015
FormLtrs-CertifiedMailingMS
VIOLATION REPORT / RE: NON-COMPLIANT SEWAGE SYSTEM
Land & Resource Management, Otter Tail County
Land & Resource
Management Official:
Violation: failure to comply with an abatement notice
George Hausske Date: 7/14/11
Ordinance: OTC SMO 56.0060.subp 4 Required Update
Property Owner:Joshua Brekke
Mailing Address: 3680 River Dr. S
Fargo, ND,58104-6220
Contractor:
Mailing Address:
Non-Compliant Sewage System Location (e-9ii Address): 51010 Co Hwy 31
Tax Parcel Number: 17000110144001 and 17000020022000
Section: 11 and 2 Township Name: Dunn
Shoreland Area: |XI
Lake/River
Name:
Non-Shoreland Area: □
Lake/River Lake/RIver
ClassLittle Pelican
Complaint Received: □ Yes Q No
No.56-761
Date Complaint Received:
Evidence: S Documents [g Maps/Drawings Q Photographs □ Water Samples
Q Other:
RD
Attached is a Summary that describes the Violation, timeframe, and
chronological order of events.
Land & Resource Management Official Date
Non-Compliant Sewage System; Page 2
Brekke07142011
SUMMARY:
1/28/03 Inspector Mark Ronning visits this site. He notices a failed drainfield with sewage on the
ground.
1/31/03 Mark Ronning sends Mark and Lavonne Kenyon( owners at that time) an abatement notice.
Mark notates the following ; "Respond to office by 5 Feb 03." andHave system repaired no
later than 1 June 03 No apparent response.
Sometime in June 2008 Mark turns this matter over to George Hausske and Mike Douglas.
6/26/08 Mike and I visit the property now owned by Joshua Brekke. We find the failed drainfield
7/23/08 Our office issues Joshua Brekke an abatement notice citing Previous system failure and Failure
to comply with Mark Ronnings letter of 6 March 03
8/1/08 Mr Brekke calls me I give him one year to fix the problems
4/22/09 Mr Brekke applies foa a Conditional Use Permit to convert the property into a restaurant/bar.
5/19/09 Request is denied
6/4/09 I send Mr Brekke a 1 year reminder letter.
6/11/09 Mr Brekke calls me I tell him " Because of restaurant plans-sewer update delayed until 2010
6/10/11 I send Mr brekke a 2 year reminder letter that gives a July 15 2011 deadline —
7/15/11 I issue Brekke violation#3719 citing failure to comply with an abatement notice.
Land & Resource Management Official Date
ft
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
Brian H. Liebo, being first duly sworn, on oath says, that to
the best of my knowledge and information relating to the military
service status of Joshua Brekke, who was the owner of the
mortgaged premises described in the foregoing Sheriff's Mortgage
foreclosure sale thereof; that said Joshua Brekke, was not in the
military or naval service of the United States at the time of said
sale,- or during the three months preceding such sale, as appears
from the following facts,•
information provided by mortgagee or servicer of and/orinformation received or obtained by our office dtfrTng^^^eclosure.
-Bri i^bo
/
Subscribed and Sworn to before
JONATHAN ERICKSON
notary PUBLIC-MINNESOTA
My Commission Expires Jan. 31,2015
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
AJune 10,2011
Joshua Brekke
3680 So River Dr
Fargo, ND 58104
RE: Septic System Abatement - O :lican (56-7<
Dear Mr Brekke,
We are now reaching a critical stag^b the matte^^ your Septic System Abatement. Before
July 15, 2011. I will have to decide
see that
concrete evidenc^Kt you plan to do anything in regards to your Abatement.
ffier your Abatement for legal action. I do not want to
working to solve this problem. To date we have nodo this. However,
If this situation coSnues I will l®e no choice but to contact the County Attorney in this matter.
isible.Please contact me as soSIB as M
Sincerely,
George Hausske
Inspector
1094693•i.
DOC# 1094693 1094693
Fee: $46.00
Well Certificate [ ] Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTATRANSFER ENTERED
^ (Year)
Certified, Filed, and/or Recorded;
July 14, 2011 10:45 AM
Wendy L. Metcalf, Recorder•
Wayne Stein, County Auditor
Returned To:
USSET WEINGARDEN & LIEBO PLLP
4500 PARK GLEN RD #300
ST LOUIS PARK, MN 55416By:By; LLDeputy
SHERIFF'S CERTIFICATE OF SALE
STATE OP-MINNESOTA )
COUNTY OF,Otter Tail )
I, Brian Schlueter, Sheriff,‘of the County.of Otter Tail, State of
Minnesota, do hereby certify; that pursuant to the printed Notice of Mortgage
Foreclosure sale hereto attached and the power of sale contained in that
certain mortgage therein described, to wit:
DATE OF MORTGAGE: June 21, 2007.
MORTGAGOR: Joshua Brekke, a single person.MORTGAGEE: JPMorgan Chase Bank‘> National Association.'
PROPERTY ID.NO. 17000020022000 and.17000110144001DATE AND PLACE OF RECORDING:' Recorded June,25, 2007, Otter Tail County
Recorder, Document No. 1021685.
ASSIGNMENTS OF MORTGAGE; NONE
TRANSACTION AGENT: NONE
TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE:
Chase Bank, National Association
, RESIDENTIAL-MORTGAGE SERVICER:
MORTGAGED PROPERTY ADDRESS:
TAX PARCEL I.D. #: 17obo020022000 and 17000110144001
- INTEREST RATE IN EFFECT ON DATE OF SHERIFF'S SALE: 8.125%
I did, at the time and place in said notice specified, to wit: at
Sheriff's Office, Otter Tail County Courthouse, North Door, 121 West Junius,
Fergus■Falls, MN, on July 14, 20L1, at 10:00 am, offer for sale and sell at
public auction to .the highest and best bidder, the tract of land lying' and
being in the County of Otter Tail, State of Minnesota, described as follows,
to-wit:
NONE
JPMorgan
. JPMorgan Chase Bank„,.;National Association 51010- County Highway 3i, Detroit Lakes, MN
56501
See attached legal.
y
EXHIBIT A
The North 175.57 feet of the following described tract located in Government Lot
One, Section 11. Township 137 North, Range 42 West of the 5'^' Principal
Meridian: Beginning at a point on the north line of said Section 11, 860 feet east
of the northwest corner of said section; thence south and at right angles to said
section line 660 feet; thence east and at right angles to last mentioned course
493.3 feet' more or less, to the, east line of Government Lot 1; thence north on
said line 660 feet, more or less, to the northeast corner of Government Lot 1;
thence West on section line 472.5 feet, more or less, to place of beginning
Subject only’to Highway Easement of the County of OtteriTail over a strip of land being
all that part of the last above described tract whichrties within 50 feet on either
side of the following described center line: Beginning at a point 469.5 feet West
of the Northeast corner of Govt. Lot 1, Sec. 11, T137N, R42W; thence South
7®20’ East for a distance of 19.2 feet, thence deflect to the right on a 4°00’ cun/e
{delta angle 10°37’) for a distance of 265.4 feet, thence South 3®17’ West for a
distance of 375.9 feet and there lerminating.
AND
That part of Government Lot Eight of Section 2, Township 137 North, Range 42 West of
the 5**' Principal Meridian lying South of the Pelican River, more particularly
described as follows: Commencing at the northeast comer of Government Lot 1
of Section 11 inisaid township and range; thence north on an extension northerly
of the east line of said Government Lot One to the shoreline of the Pelican River;
thence westerly along the shoreline of the Pelican River to the point of
intersection with the shoreline of Big Pelican Lake; thence southerly along the
shoreline of Big Pelican Lake to the section line common to said Section 2 and
11; thence east on the ^id section line to the point of beginning,
Subject only to existing Highway Easement of the County of Otter Tail for County
Highway No. 31
RECaVED
r J.;i
and did strike off and sell the same to JPMorgan Chase Bank, National
Association, for the sum of ($137,250.00), said purchaser being the highest
bidder and said sum being the highest and best bid offered therefore,- and that
said sale was in all respects, openly, honestly, fairly and lawfully conducted,
and the time allowed by law for redemption by the mortgagor, his personal
representatives or assigns is six (6mo) months from the date of said sale.
In Testimony Whereof, I have hereunto set my hand on July 14, 2011.
Brian Schlueter
tter T^l County, MN• As Sheri o
^^eputy‘y
STATE OF MINNESOTA )
COUNTY OF Otter Tail )
On July 14., 2011, before me personally appeared
Jacob Grabow , to me known to be the Deputy Sheriff of said
County, and the person described in and who executed the foregoing instrument,
and acknowledged that he executed the same as his free act and deed as such
Deputy Sheriff.
'7
Notary Public
I LYNN THOMPSON I
WOTAflYPyBUC-MINNESOTA l!
{ My Commission Expires Jan. 31,201S i 5
Send tax statements to;
JPMorgan Chase Bank, National Association
3415 Vision Drive
Columbus, OH 43219
This is a communication from a debt collector.
Drafted By:
USSET, WEINGARDEN AND LIEBO, P.L.L.P.
4500 Park Glen Road, #300
St. Louis Park, MN 55416 ’
(952) 925-6888
30-9836
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 conditions of the foL lowing described moKgage:
DATE OF MORTGAGE: June 21, 2007^MORTGAGOR: P
Joshiia Brekke, a single person. '\-
MORTGAGEE: iPMorgah Chase Bank,
' National Association.. DATE AND PLACE OF RECORDING:
I Recorded June 25. 2007. Otter Tail County
Recorder, Document No. 1021685.. 'ASSIGNMENTS OF MORTGAGE: i i NONE • • •• ' !•
I TRANSACTION AGENT: NONE ’ TRANSACTION AGENT S MORT-
I GAGE IDENTIFICATION NUMBER ON'MORTGAGE; NONE r ‘ ... ,,.ui
LENDER OR BROKER AND MORT- which are Stated below:
GAGE OR'IGINATOR STATED ON
MORTGAGE: JPMorgan Chase Bank,«
National AssociationRESIDENTIAL MORTGAGE SER- ‘
< VICER:' JPMorgan Chase Bank. National ,
, Association . . I1 MORTGAGED PROPERTY ADDRESS: j
' 51010 County Highway 31. Detroit Lakes,-. I ‘ MN 56501, . ^
TAX PARCEL I.D. #;
i 17000020022000 and 17000110144001 >
LEGAL DESCRIPTION OF PROPERTY: ■'
.EXHIBIT AI The North 175.57 feet of the following
I described tract located in Coverhnient Lot
One. Section 11. Township 137 North, Range
^ 42 West of the 5th Principal Meridian:. Beginning at a point on the north line of said I Section M,'860 feet east of the northwest '
■ corner of said section; thence south and aT
. right angles to said section line 660 feet; ^7 thence east and at righti^angles to last meri- .1
! tioned course 493.3 feet, more or less, to| the
I east line of Government Lot 1; thence north
I on said line 660 feet, more or less, to the 'I northeast.corner of Government Lot 1;I thence West on section line 472.5 feet, more
I or less, to place of beginning '
I Subject only to Highway Easement dfjthe [ County of Otter Tail over a strip of, land
t being all that pan of the l^t above described
I tract which lies within 50 feet on either side of '
I thefpllowingdescribedcenter line:Begin- 1 ning at a point 469.5 feet West of the North- '
, east-corner of-Govt. Lot I,.Sec. 11.TI37N; i , R42W, thence South 7"20* East^for a dis- j
' tance of 19.2 feet, thence deflect to the right I i on a 4*00' curve (delta angle 10*37’) for a’dis^ |
tance of 265.4 feet, thence South 3*17' West ;
. for a distance of 375.9 feet and there termi- *
Dating.' ‘
I . ANDThat part of Government Lot Eight of
Section 2\ Township 137 North, Range 42
^ West of the 5th Principal Meridian lying ' . South of the Pelican River, more particularly ‘ ' described as follows: Commencing,at the
I riortheast corner of Government Lot 1 of
Section 11 in said township and range; thence
north on an extension northerly of the ieasi
line of said Government Lot One to, the shoreline of the Pelican River; thence I
westerly, along the shoreline of the Pelican '■ |
River to.the point of intersection with the ' [
shoreline of Big.Pelican Lake;'thence southerly'along the.shoreline of Big Pelican |Lake to the section line common to said Sec- I
tion 2 and 11; thence east on the said section | NolHry PuDitC line to the point of beginning. .{
' Subject only to existing Highway Easement >I of the County of Otter'Tail for County |
Highway No. 31I COUNTY IN WHICH PROPERTY IS
I LOCATED: Otter Tail I ORIGINAL PRINCIPAL AMOUNT OF
MORTGAGE: $170,910.00 'I AMOUNT DUE AND CLAIMED TO BE I
I DUE AS OF DATE OF NOTICE;
INCLUDING TAXES. IF ANY. PAID BY
MORTGAGEE: $189,805.48
That prior to the commencement of this [ mortgage foreclosure proceeding
. Mortgagee/Assignee of Mortgagee complied
with all notice requirements as required by j
statute: That no action or proceeding has
; been instituted at law or otherwise to recover
the debt secured by said mortgage, or any
• part thereof;I PURSUANT to the power of sale
I contained in said mortgage,.the above
describe property will be sold by the SherifT
A of said county as*follows:
\ DATE AND TIME OF SALE:
' July 14, 2011 at 10:00 AM '
PLACE OF SALEtSheriffs Office; Otter
Tail County Courthouse, North Door, 121-
N West‘Junius, Fergus Fall^ MN
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )I
ss
County of Ottertail )
Jacquelyn A. Wehking, being duly sworn on oath says that she is the co-publisher of
the Newspaper known as the Parkers Prairie Independant, and- has full knowledge of the facts
II I (A) The Newspaper has complied with all of the requirements constituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 33IA.02, 331 A.07 and other
applicable laws, as amended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for six consecutive weeks; it was first
published on Thursday, the 2nd day of June, 2011, and was therefore printed and published
on every Thursday to and including Thursday, the 7th day of July, 2011, and printed below is
a copy of the lower, case alphabet from A to Z, both inclusive, which is hereby acknowledged
as being the size and kind of type used in the composition and publication of the notice
1;
!
abedefghij kl mnopqrstuvwxyz
I
Co-Publisher
' -.CSubscribed and sworn to before me on
,this 7th day of July, 2011
JENNIFER K. MARQUARDT i
Notary Pubih>Minnesota :
; MyCanvnisslanEiq9k83Jan31,20l5:
1 RATE INFORMATION
i
(1) Lowest classified rate paid by commercial
users for comparable space $ 10.00
(legal rale)
(2) Maximum rate allowed by law for the
above matter S 10.00
(legal rate)
(3) Rate actually charged for the above
matter $ 120.00
V Per Insertion
2629151
■7***0’ pay *lhe‘'tfcbt"thcn'iecured"by'said''! Mortgage, and taxes, if any, on said premises, |
and the costs and disbursements, including
attorneys* fees allowed by law subject to
redemption within six (6) months from the
date of said sale by the mortsagor<a), their
personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.
TIME AND DATE TO VACATE
'PROPERTY: If the real estate is'an
owner-occupied, single-family dwelling,
unless otherwise provided by law, the date on
or before which the mortgagof(s) must vacate
the property if the mortgage is not reinstated ( under section 5.80.30 or the property is not
redeemed under section 580.23 is 11:59 p.m.. on January 16, 2012, unless the redemption
period is reduced to 5 weeks under MN Stat.
. Secs. 580.07 or 582.032.\ MORTGAGOR(S) RELEASED FROM . FINANCIAL OBLIGATION ON ‘
i MORTGAGE: None ..• "THE TIME ALLOWED BY LAW FOR j
REDEMPTION BY THE MORTGAGOR, j THE MORTGAGOR S PERSONAL 1
} REPRESENTATIVES OR ASSIGNS, T
* MAY BE REDUCED TO FIVE WEEKS IF '
A JUDICIAL ORDER IS ENTERED '
; UNDER MINNESOTA STATUTEST^
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: May 13,2011.
I
:
JPMorgan Chase Bank,
National Association Mortgagee/Assignee of Mortgagee
USSET, WEINGARDEN AND LIEBO. P.L.L.P.
Attorneys for Mortgagee/
Assignee of Mortgagee 4500 Park Glen Road #300 ,
Minneapolis, MN 55416
(952) 925-6888 30-9836
THIS IS A COMMUNICATION FROM A
DEBT COLLECTOR.
Published in the
PARKERS PRAIRIE INDEPENDENT ‘ Junc2, 9. 16. 23, 30, July 7, 2011 26291.51
I
j
1
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or.. IC I 1 '• J «•' 'rsrimoZ vWn/*«»vVV%*VW> *VV*.rWWVW^
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AFFIDAVIT OF VACANCYSTATE OF MINNESOTA )
) ss.
COUNTY OF OTTER TAIL )
^, being duly sworn on path says that on the 2nd day of
2011; he went upon the land described in the printed Notice of Mortgage
Foreclosure Sale hereto attached for the purpose of serving said:
Michael F. Brown
June
Notice of Mortgage Foreclosure Sale
Homestead Designation Notice
Help for Homeowners in Foreclosure
Foreclosure: Advice to Tenants Notice
Exhibit A
What Happens After the Foreclosure Sale
Property Address: 51010 Co Hwy 31, Detroit Lakes, MN 56501
HOMESTEAD DESIGNATION NOTICE
This notice is attached to and served with the Notice of Mortgage Foreclosure Sale related to the above-
described mortgage.
“IF PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE, YOU MAY DESIGNATE
AN AREA OF A HOMESTEAD TO BE SOLD AND REDEEMED SEPARATELY.
YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF THE PROPERTY AS
A HOMESTEAD. THE DESIGNATED HOMESTEAD PROPERTY MUST CONFORM TO THE LOCAL
ZONING ORDINANCES ANDiBE COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE THE
VALUE OF THE REMAINING PROPERTY.
YOU MUST PROVE)E THE PERSON FORECLOSING ON THE PROPERTY, THE SHERIFF, AND
COUNTY RECORDER WITH A COPY OF THE LEGAL DESCRIPTION OF THE HOMESTEAD YOU HAVE
DESIGNATED BY TEN BUSINESS DAYS BEFORE THE DATE THE PROPERTY IS TO BE SOLD.”
■'t
on persons in possession thereof; and that on said date and for some time prior thereto, all said land was and
had been wholly vacant and unoccupied.
STATE OF MINNESOTA )
)ss.
COUNTY OF OTTER TAIL )
LfDeputA Sheri ff" (signature)
Subscribed and sworn to before me this
2nd day of June
By:tC
, 2011
Notary Public, Otter Tail County,'Minnesota
//335Michael F. Brown
Deputy Sheriff (printed)Badge #
^MARCIA LYNN THOMPSON !
» MINNESOTA !
j MyCommisstanEiipirejj2n.3i.2oi5 I
V
,STATE OF MINNESOTA AFFIDAVIT OF MAILING)
)ss.f
COUNTY OF OTTER TAIL )
Marcia Thompson, Civil Process Clerk, states that on the 3rd day of June, 2011,
by United States Mail, she served copies oFthe
Notice of Mortgage Foreclosure Sale
Exhibit A
Homestead Designation Notice
Help for Homeowners in Foreclosure
What Happens After the Foreclosure Sale
Foreclosure; Advice to Tenants '
i
papers upon the following parties by depositing copies thereof in the U.S. Mail addressed
as follows;
Joshua Brekke
49849 Fish Lake Rd
Pelican Rapids, MN 56572
(AddresS'from OTC County Tax website)
If
Subscribed and sworn to before rne this
3^** day of June, 2011 j-
Notary Public
SUSAN MARIA NELSON SMOTABY PUBUC-MINNESOTA S
My Commlsshii Expires Jan; 31.2015 s
■I T,
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
conditions of the following described mortgage:
DATE OF MORTGAGE:
MORTGAGOR:
MORTGAGEE:
June 21, 2007
Joshua Brekke, a single person.
JPMorgan Chase Bank, National Association.
DATE and; PLACE OF RECORDING:
Tail County Recorder, Document No.
ASSIGNMENTS OF MORTGAGE;NONE
Recorded June 25, 2007, Otter
1021685.
TRANSACTjlON AGENT: NONE
TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON
MORTGAGE: NONE
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE:
JPMorgan Chase Bank, National Association
RESIDENTIAL MORTGAGE SERVICER: JPMorgan Chase Bank, National
Association
MORTGAGED PROPERTY ADDRESS: 51010 County Highway 31, Detroit
Lakes, MN 56501
TAX PARCEL I.D. #: 17000020022000 and 17000110144001
LEGAL DESCRIPTION OF PROPERTY:
See attached legal.
COUNTY. IN WHICH PROPERTY IS LOCATED:
^ ;•
;;
otter Tail
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $170,910.00
AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE,
INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $189,805.48
That prior to the commencement of this mortgage foreclosure
proceeding Mortgagee/Assignee of Mortgagee complied with all
notice, requirements as required by statute; That no action or
proceeding has been instituted at law or otherwise to recover the
debt secured by said mortgage, or any part thereof;
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: July 14, 2011 at 10:00 AM'
PLACE OF SALE: Sherif f ' s Office>. Otter Tail County
Courthouse, North Door, 121 West Junius, Fergus Falls, MN
to pay the debt then secured by said Mortgage, and taxes, if any,
on said premises, and the costs and disbursements, including
attorneys' fees allowed by law subject to redemption within six
(6) months from the date of said sale by the mortgagor(s), their
personal representatives or assigns unless reduced to Five (5)
weeks under MN Stat. §580.07.
TIME AND DATE TO VACATE PROPERTY: If the real estate^is ano t he r ip^wyded
I
> ,owner-occupied, single-family dwelling, unless
by law, the date on or before which the mortgagor(s) must vacate ,
MWMW 3
EXHIBIT A
The North 175.57 feet of the following describeci tract located in Government Lot
One, Section 11., Township 137 North, Range 42 West of the 6’*’ Principal
Meridian; Beginning at a point bn the north line of said Section 11,860 feet east
of the northwest corner of said section; thence south and at right angles to said
section line 660 feet; thence east and at right angles to last mentioned course
493.3 feet, more or less, to the east tine of Government Lot 1; thence north on
said line 660 feet, more' or less, to the northeast corner of Government Lot 1;
thence West on section line 472.5 feet, more or less, to place of beginning
Subject only'to Highway Easement of the County of Otter Tail over a strip of land being
all that pari of the lasit above described tract which lies within 50 feet on either
side of the following described center line; Beginning at a point 469.5 feet West
of the Northeast, corner of Govt. Lot’ 1, Sec. 11, T137N, R42W, thence South
7®20' East for a distance of 19.2 feet, thence deflect to the right on a 4‘’00’ curve
(delta angle; 10*’37’) for a distance of 265.4 feet, thence South 3‘’17' West for a
distance of 375.9 feet and there terminating.
AND
I
That part of Government Lot Eight of Section 2, Township 137 North, Range 42 West of
the 5*^ Principal Meridian lying South of the Pelican River, more particularly
described as follows; Commencing at the northeast corner of Government Lot 1
of Section 11 in said township and range; thence north on an extension northerly
of the east line of said-Gbvernment Lot One to the shoreline of the Pelican River;
thence westerly along the shoreline of the Pelican River to the, point of
intersection with the shoreline of Big Pelican Lake; thence southerly along the
shoreline of Big Pelican Lake to the section line common to said Section 2 and
11; thence east on the said section line to the point of beginning.
Subject only to existing Highway Easemerit of the County of Otter Tail for County
Highway Np. 31
• /RECeWEO
\n\\VW 3
OTVERlSnffK*
the property if the mortgage is not reinstated under section
580.30 or the property is not. redeemed under section 580.23 is
11:59 p.m. on January 16, 2012, unless the redemption period is
reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.
MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON
MORTGAGE:None
"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:May 13, 2011.
JPMorgan Chase Bank, National
Association
Mortgagee/Assighee of Mortgagee
USSET, WEINGARDEN AND LIEBO, P.L.L.P.
Attorneys for Mortgagee/Assignee of Mortgagee
4500 Park Glen Road #300
Minneapolis, MN 55416
(952) 925-6888
30-9836
1
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
(/
' I
viw ^
Help For Homeowners in Foreclosure Notice
The attorney preparing this foreclosure is:
Usset, Weingarden & Liebo, PLLP
4500 Park Glen Rd.j # 300, Minneapolis, MN 55416
Phone: 952-925-6888
Joshua Brekke
51010 County Highway 31
Detroit Lakes, MN 56501
It is being prepared for:
JPMorgan Chase Bank, National Association
1 (800)8489136
AS OF December 1, 2010, this lender says that you owe $17^082.66 to bring
your mortgage up to date (or “reinstate” your mortgage). Because of
interest, late charges, attorneys’ fees, foreclosure,costs aiid other charges that
may vary from day to day, the amount necessary to bring your mortgage
current on the day you pay may be greater. You must pay this amount, plus
interest and other costs, to keep your house from going through a sheriffs
sale. If you wish to reinstate your mortgage prior to the date of the Sheriffs
Sale or pay off your mortgage or redeem prior to the expiration of the
redemption period, please call our office at 952-491-7770 for updated figures
good through the date on which you inform us you intend to remit your
reinstatement, pay off or redemption payment. The sheriffs sale is scheduled
for July 14, 2011 at 10:00 am at Sheriff s Office, Otter Tail County
Courthouse, North Door, 121 West Junius, Fergus Falls, MN.
Mortgage foreclosure is a complex process. People may contact you with
advice and offers to help ’’save’’ your home.
Remember: It is important that you learn as much as you can about
foreclosure and your situation. Find out about all your options before you
make any agreements with anyone about the foreclosure of your home.
Getting Help
As soon as possible, you should contact your lender at the above number to
talk about things you might be able to do to prevent foreclosure. You
should also consider contacting the foreclosure prevention counselor in
your area. A foreclosure prevention counselor can answer your questions,
offer free advice, and help you create a plan which makes sense for your
situation. Contact the Minnesota Home Ownership Center at 651-659-9336
or 866-462-6466 or www.hocmn.org or contact the United States
Department of Housing and Urban Development at l-800-569-428'^^g;C
www.hud.gov/offices/hsg/sfh/hCc/hcs.cfm?webListAction=search=MN#search nn\\
Area to get the phone number and location of the nearest certified ^
counseling organization. Call today. The longer you wait, the fewer options
r
;
you may have: for a desirable result.
1
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
HOMESTEAD DESIGNATION NOTICE
“jyp PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE, YOU
MAY DESIGNATE AN AREA AS A HOMESTEAD TO BE SOLD AND REDEEMED
SEPARATELY;
YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF
THE PROPERTY AS A HOMESTEAD. THE DESIGNATED HOMESTEAD
PROPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES AND BE
COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE OF
THE REMAINING PROPERTY.
•i
YOU MUST PROVIDE THE PERSON FORECLOSING ON THE PROPERTY,
THE SHERIFIf, AND THE COUNTY RECORDER WITH A COPY OF THE LEGAL
DESCRIPTION OF, THE HOMESTEAD YOU HAVE DESIGNATED BY TEN
BUSINESS DAYS BEFORE THE DATE THE PROPERTY IS TO BE SOLD.”
•j
, ‘i>.
1
S'
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■ 1-i
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i;•t
What Happens After the Foreclosure Sale
After the sheriffs sale, you have the right to ''redeem/' Redeem means
that you pay the amount bid for your house at the sheriffs sale, plus
interest and costs, to keep your house. You can keep living in your home
for a period of time after the foreclosure sale. This is called a "redemption
period." The redemption period is 6 months after the sheriffs sale, unless
reduced to 5-wccks for abandoned properties under Minn. Stat. Sec.
582.032, or 5-weeks for mortgagor postponements under Minn. Stat. Sec.
580.07 Subd. 2, if applicable.
At the end of the redemption period, if you do not redeem or sell, you will
have to leave your home. If you do not leave, the person or company that
bid on your home at the sheriff s sale has the right to file an eviction
against you in court.
Be Careful of Foreclosure Scams
Be careful! After the foreclosure sale, people may approach you to buy
your house or ask you to transfer your house to them for little or no
money. Before you give up the rights to your, house or sign any documents
(including a deed), be sure you know how much the house sold for at the
sheriff s sale and decide if you can save the house by paying the amount of
the bid, plus interest and costs.
How to Find Out How Much Your House Sold For at the Foreclosure Sale
The amount you need to pay to redeem your house may be less than the
amount you ow^ on the niortgage before the sale. You can learn what this
amount is (and who the winning bidder at the sale was) by attending the
sheriffs sale or by contacting the sheriffs office after the sale.
You Can Also Sell Your House
puring the redemption period, if you sell your home, you must sell it for
enough to pay off the vanning bidder from the sheriff s sale and pay
interest, fees, and other claims against the property. If there is
left from the sale of the. house after all these debts are paid, you^^^eep
the money. You can also enter into a "short sale." A short sale 1
:1
//
agreement in which the lender agrees to accept less than the full amount
you owe on the mortgage.
5
Get More Information and Advice
For more information and advice, contact an attorney or a mortgage
foreclosure prevention counselor.:You can find a mortgage foreclosure
prevention counselor by contacting the Minnesota Home Ownership
Center at651-659-9336 or 866-462-6466 or wwAV.hocmii.org or contact the
United States Department of Housing and Urban Development at 1-800
569-4287 or
www.hud.gov/dffices/hsg/sfli/hcc/lics.cfm?wcbListAction=search=MN#search
to get the phone number and location of the nearest certified counseling
organization.
r's;
u,.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
!I
;i
J,
:
;
receded
Foreclosure: Advice to Tenants Notice
You are:renting in a property that is in foreclosure. Minnesota law
requires that we send you this notice about the foreclosure process. Please
read it carefully.
The mortgage foreclosure does not change the terms of your lease.
You and your landlord must continue to follow the terms of your lease,
including the rights and responsibilities of you and your landlord. You
must keep paying rent unless you have a legal reason to withhold it. Your
landlord must keep the property repaired. Utilities must be paid under the
terms of your lease or under state law.
Moving out of the property;early might be a violation of your lease.
The date of the sheriffs foreclosure sale is in the attached foreclosure
notice. In most cases you do not need to move from the property before the
sheriffs foreclosure sale. Read your lease to sec if it says anything about
foreclosure and about the rights you may have if the property is in
foreclosure. If you have a month-to-month lease, the foreclosure notice
does not change the rules for ending your lease. You and your landlord
must still give legal notice to end your lease.
In most cases, your landlord has six months after the date of the
sheriffs foreclosure sale to pay off the mortgage. This is called the
•'redemption period." Read the attached foreclosure notice to determine
the length of the redemption period. You cannot be asked to move during
the redemption period except for lease violations or if your lease expires
during the redemption period. If your landlord stops the foreclosure, you
may not have to move from the property. If your landlord does not stop the
foreclosure, there will be a new owner of the property at the end of the
redemption period.
. The new owner may have the legal right to ask you to move even if
your lease is not over. But, the new owner must still give you a written
notice stating that the new owner wants you to move.
Do not wait to get information about foreclosure. Mortgage
foreclosure is a complicated process. It is important you learn about your
rights as a renter when there is a moHgage foreclosure. You may have
fewer options if you wait too long. There are government agencies and
nonprofit organizations that you may contact for helpful information
about the foreclosure process. For the name and telephone number of an
organization near you, please call the legal aid office or bar association
office in your county. You also can find information on tenant rights at
HOME Line at (866) 866-3546 and Law Help Minnesota
http://www.LawHeIpMN.org. The state of Minnesota does not giEiSftee •
the advice of these agencies and organizations.
Tins IS A COMMUNICATION FROM A DEBT COLLECTOR WW 3
TAiL
' '»
AFFIDAVIT OF COSTS AND DISBURSEMENTS
A*
STATE OF MINNESOTA^, )
• ) ss
COUNTY OF HENNEPIN )
Brian H. Liebo,, being duly sworn, on-oath says; that he is
one of the attorneys foreclosing the mortgage described in the
printed notice' of mortgage foreclosure sale hereto attached; that
the following is a' detailed bill of the costs and disbursements of
said :foreclosure, and that the same have been absolutely and
uhconditionaliy paid or incurred therein, to-wit:
:: •'
•i
Attorneys' fees for
■ foreclosing said Mortgage:
Printer's fee for-publishing
Notice of Sale:
Service fee:
Recording Power of Attorney:
Fees'for serving Notice of
Sale on occupants:
Abstract .Fees:
Sheriff's fee for making ,
foreclosure sale:
Fees for'recording Sheriff
Certificate:
$ 500.00:
840.00
80.00
46.00
75.40
175-.00
40.00
46.00
Total Costs and
Disbursements:
$1,802.40
'5^0/021,
or 582.042
THE FORECLOSING PARTY HAS COMPLIED WITH MN ST
■580.04, 580.041, 580.042, 580.07, 582.039,
where required by law.
Bri
Subscribed and beforeo.
JONATHAN ERICKSON
WOTARY PUBLIC-MiNNESOTA
My Commission Expires Jan. 31.2015 ;
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Governmentt Services Center - 540 West Fir
Fergus Falls, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
June 7, 2010
Joshua Brekke
34 Cupertino Cir
Aliso Viejo CA 92656-8076
RE: Sewage System Abatement, Little Pelican Lake (56-761)
Mr Brekke
It has been about a year since you received the Abatement Notice on your Little Pelican
Lake property. To date, this matter remains unresolved. Be advised that your septic
system must be brought into compliance with the Sanitation Code of Otter Tail County.
If you have any problems, please contact me so we may work out a solution to your
Sewage System Abatement, otherwise please have this situation taken care of by
September 1, 2010. Failure to do the above will cause us to turn this matter over to the
County Attorney.
Sincerely,
George Hausske
Inspector
& FILE MEMO &
11 OP/0 n onqddI 4- n (JOSHUA
/lAKE^R river name & NO. ^C:U<A*J ^
^ ^£UC4rJ IJi'iCc "T^L^
♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
_________ L&R Official
PARCEL #
♦ ♦ ♦♦ ♦♦♦♦♦♦
fDate
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Date L&R Official
.VhiTd ^/r3 ^
Action/Comments
Date L&R Official
Action/Com merits.
L&R OfficialDate
Action/Comments,
L&R OfficialDate
Action/Comments.
w .
L&R OfficialDate.
Action/Comments.
L&R OfficialDate
Action/Comments.
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Center - 540 West Fir
Fergus Fali_s, MN 56537
PH: 218-998-8095
Otter Tail County’s Website: www.co.otter-tail.mn.us
June 4, 2009
Brekke Joshua
34 Cupertino Cir
Aliso Viejo CA 92656-8076
RE; Sewage System Abatement, Little Pelican Lake (56-761) :
Mr. Brekke
It has been about a year since you received the Abatement Notice on your Little Pelican
Lake property. To date, this matter remains unresolved. Be advised that your septic
system must be brought into compliance with the Sanitation Code of Otter Tail Coimty.
If you have any problems, please contact me so we may work out a solution to your
Sewage System Abatement, otherwise please have this situation taken care of by
September 1, 2009. Failure to do the above will cause us to turn this matter over to the
Coimty Attorney.
Sincerely,
eGeorg^^usske
Inspector
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
Government Services Centcr - 540 West Fir
Fergus Falls, MN 56537
PH; 218-998-8095
Otter Tail County’s Website: www,co.otter-tail.mn.us
SEWAGE SYSTEM ABATEMENT NOTICE
July 23, 2008
Josh Brekke
34 Cupertino Cir
Aliso Viejo, CA 92656
CURRENT PROPERTY OWNER:
17000110144001 & 17000020022000Parcel Number:
Section:11/2
Township Name: Dunn
Little Pelican Lake (56-761)Lake Name:
Property Address: 51010 Co Hwy 31
You are hereby notified that the sewage system which you maintain on the above
identified parcei, is not constructed and/or located in accordance with minimum
standards of the Shoreland Management Ordinance of Otter Taii County.
Please be advised that you must correct this situation by August 22, 2008. You should
contact this office in order to determine what corrections and permits are required prior to
complying with this notification.
6)(Lc>rc? ^ IjIao ^9k ^
George ^usske
Land & Resource Management Inspector
Management Inspector
Mike Douglas
Land & Resource
• -
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Denise Gubrud, of the City of Fergus Falls, County of Otter Tail, in the State of Minnesota,
being duly sworn, says that on the 23rd day of July, 2008, she served the annexed:
SEWAGE SYSTEM ABATEMENT NOTICE
On the following person, by mailing a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing same in the post office at Fergus Falls, Minnesota, directed to
said person at the following address:
JOSH BRBKKE
34 CUPERTINO CIR
ALISO VIEJO, CA 92656
Denise Gubrui^
Land 8s Resource Management Official
Subscribed and sworn to before me this
23rd day of July _ in the year of 2008
Notary Publfc
My Commission Expires January 31,2010
^'Minnesota
My Commission ExpiresJanuary 31.2010
ForaiLtrs-CertifiedMailingMS
r
ABATEMEI^T FIELD NOTES
C. Pg/(C4-fJ LAKE NO:LAKE NAME:
PARCEL NO: \inf)OllDf'\^Odi
TOWNSHIP NAME:
LAKE CLASS:
E911 PROPERTY ADDRESS: “SfO/C?
>-SECTION NO:
LEGAL DESCRIPTION:
Pti / C^LI'fX
: Jo$LOWNERS NAME(S):
MAILING ADDRESS:: 3 > C nA ^
Ptl,c.D^t-ejD Cf\-
TYPE OF EXISTING SEWAGE SYSTEM:
HOLDING TANK
SEPTIC TANK/DRAINFIELD
OTHER:
SEPTAGE PIT, DRYWELL OR LEACHING PIT
CESSPOOL
COMMENTS:
SEPARATION DISTANCES fIN FEETT
ABSORPTION AREASEWER LINE TANK OUTHOUSE
WELL
OHWL
LOT LINE
DWELLING
NON DWELLING
GROUND ELEVATION @ ___________
REASONfS^ FOR ABATEMENT fSKETCH ON BACK...^
^ frtrv/iou< VA’ihir'f
fAih^r U CoHpli \J<j/ HArK L^fr -{
i H/^rcLbi'2lh%4
INSPECTOR'S SIGNATURE(S)DATE
EXISTING FILE:Logged In Abatement Book
ABATEMENT FIELD NOTES FORM 06/07/07
YES NO
V
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i
Department of
LAND AND RESOURCE MANAGEMENT
OTTER TAIL COUNTY
121 W. Junius Ave., Suite 130
Fergus Falls, MN 56537
Ph: 218-998-8095 Ext. 225
Otter Tail County’s Website: www.co.ottertail.mn.us
6 March 63
Mr. Mark Kenyon
51010 County Highway 31
Detroit Lakes, MN 56501-9442
RE: Sewage System abatement issued 31 Jan 03 against Parcel #17000020022000 Pelican Lake/Pelican
River
Sir:
On 2 Feb 02, you agreed to have your septic professional (pumper) send me a note that he had installed an
alarm on your tanks and that he will keep them pumped until the drainfield can be replaced. 1 have not yet
received this note.
Please have this documentation forwarded to me immediately.
Thank you for your assistance in this matter.
Sincerely,
Mark Running,
Inspector
PH: 2180998-8106
SEWAGE SYSTEM ABATEMENT NOTICE
OTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT
121 W. JUNIUS, Suite 130, FERGUS FALLS, MN 56537
218-739-2271
MARK B & LAVONNE KENYON
51010 COUNTY HIGHWAY 31
DETROIT LAKES MN 56501-9442
You are hereby notified that the sewage system which you maintain on the following described
property:
PT GL 8 E OF HWY & S OF RIVER
#22 & #144-001 NOT TO BE SPLIT
Township Name: DUNN
911 Address: 51010 CO HWY 31
Sec: 02 Twp: 137 Range: 42
Parcel Number: 17000020022000
is not constructed and/or located in accordance with minimum standards of the Shoreland
Management Ordinance of Otter Tail County. Sewage on surface from failed drainfield.
You must correct this situation by June 1, 2003. You should contact this office before February 5,
2003 in order to determine what corrections and permits are required prior to complying with this
notification.
Mark Ronning, Land & R^s^urce Management Official 01/31/03
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Amy J. Mark, of the City of Fergus Falls, County of Otter Tail, in the State of Minnesota,
being duly sworn, says that on the 31®* day of January, 2003, she served the annexed:
SEWAGE SYSTEM ABATEMENT NOTICE
On the following person, by mailing a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing same in the post office at Fergus Falls, Minnesota, directed to
said person at the following address:
MARK B & LAVONNE KENYON
51010 COUNTY HIGHWAY 31
DETROIT LAKES MN 56501-9442
Amy J. M^^
Land 8& Resource Management Official
Subscribed and sworn to before me this
in the year ofday of'
My Commission Expires
JOYCE t THOMPSON . .\0TARv PUBLiC-MINNESOTA j
I Can.iossiCjJi!:xwtesjAN.31, 2<X)5 |
f)
FormLtrs-CertifiedMailingMS
Page 1 of 1Report
Otter Tail County, MN
[Taxpayer Data i
Parcel Number:
Primary Taxpayer Name:
Primary Taxpayer Address:
Primary Taxpayer City/State/Zip:
17000020022000
MARK B & LAVONNE KENYON
51010 COUNTY HIGHWAY 31
DETROIT LAKES, MN 56501-9442
The year shown for VALUATION DATA, TAX ROLL DATA, LAND VALUATION, and BUILDING VALUATION refers to
the taxes payable year. The 2002 VALUATION and TAX ROLL DATA is in regard to taxes payable in 2002. The
information is based on the valuation and classification done as of January 2, 2001.
The 2003 LAND VALUATION and 2003 BUILDING VALUATION reflects the property status as of January 2, 2002.
Buildings built prior to January 2, 2002 are included here. Any buildings built after January 2, 2002 will be included In
the valuation for 2004 taxes and would be 2004 LAND VALUATION and 2004 BUILDING VALUATION.
Any questions regarding the information on the Property Tax Information section should be directed to the County Assessor, County Auditor, or County Treasurer.
I GlossaryNew Search Print Data
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CMD=INIT&RECID=%2717000020022000%27&FEAl/30/2003
. 0 3
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Original -„pwher .
Yellov/- County Atty,
Pink,- LRO X
Nnmfi- . /<^___------------------------------------------------------------------------
^/Q/r> y T /________________
Cfty/State/Zip C>^7^o/r
Lake No. 5<S- ^x> Lake Name Z^jc'^/Of/L^
Parcel No.
VIOLATION\ ■
1915
Address
/
/ ~7i> OO ^ 2L> OC.>LJ
/^r /<Legal Description
-,>y Z 7 ^ej 7~
You are hereby notified that you have violated the Shoreland Management Ordinance of Otter Tail County, Minnesota
pursuant to MINN. STATUTES CHART. 394 AND SEC. 103F.201 THROUGH 103F.221. The nature of the violation is as follows:
'I Iu
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/^//^/^ ^ 5^/jl /Yo/-{r /3 V /d y y
Ptesent-this^forra„in^rsoivtothe Land & Resource Management Office, County Court House, Fergus Falls, Minnesota on or before
iZ_ZiZ_r^'?*^his violation may be referred to the Otter Tail County Attome/s Office for legal action.
(
..y ,1Li.
Court House hours are 8:00 A.M. to
5:00 P.M. Monday through Friday
P/6 7‘ ^x:
DATED:
BK 0694-001
272.224 - Victor Lundeoi Co.. Printers. Fergus Fails. MN
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF OTTER TAIL)
Mavis Samuelson, of the City of Fergus Falls, County of Otter Tail, in the State of
Minnesota, being duly sworn, says that on the 26TH day of June, 2002, she served the
annexed:
VIOLATION #1915
On the following person, by mailing a copy thereof, enclosed in an envelope, postage
prepaid, and by depositing same in the post office at Fergus Falls, Minnesota, directed to
said person at the following address:
MARK KENYON
51010 CO HWY 31
DETROIT LAKES MN 56501
i1
Mavis Samuelson
Land 85 Resource Management Official
Subscribed and sworn to
_____ ^ day of in the year of
\CC f N KATHRYN Y. RONNING |
^ NOTARY PUBLIC-MINNESOTA «
y My Commission Expires Jan. 31,2005 S
Notai7 Public
My Commission Expires
FormLtrs-CertifiedMailingMS
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;
FIELD INVESTTSATION REPORT
Number of Photographs Taken
No Action Necessary (see comments)
Letter Needed (see: comments) Letter Mailed____________
Violation Needed:(see below) Violation # Mailed
Nature of Violation:
~7
B) BuildingA) Earthmoving C) Sewer
D. Other (Describe)
Sketch: —-
D-d
ylCP
Go'0I
4
Comments:
To S'<■ (‘'Z
U>iyC/ To o-v—f
1/
Time /(zz/yInvestigated By bate
MB:Forms:COMPUINT 8~00