NOTICE OF CANCELLATION
OF CONTRACT FOR DEED
TO RANDI DANIELLE OLSON:
YOU ARE NOTIFIED
That you are in default of that certain Contract for Deed dated April 15, 2016, for the purchase of the following parcel:
Lots One (1), Two (2) and Three (3) of Block Two (2) in Dakin’s Second Addition to the City of Kennedy, together with that certain amended Contract for Deed dated May 4, 2017, which incorporated all of the original terms, but added a second parcel of land described as:
Lots Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18) of Block One (1) in Dakin’s First Addition to the City of Kennedy.
THE ORIGINAL CONTRACT FOR DEED TOGETHER WITH THE AMENDED CONTRACT FOR DEED WILL TERMINATE ON MIDNIGHT ON THE 90TH DAY AFTER THE FIRST DATE OF PUBLICATION OF THIS NOTICE, UNLESS YOU CURE ALL OF THE CONDITIONS OF DEFAULT.
1. The acts that constitute default of the dwelling (house and garage), located at 401 Manila Avenue West in Kennedy, Minnesota, 56733, are as follows:
a. The Vendee has failed to make a complete payment that was due on January 1st in the sum of $554.05. The Vendee only paid $254.05, leaving a balance of $300.00.
b. The Vendee failed to make the February payment of $554.05.
c. The Vendee failed to make the March payment of $554.05.
2. The commission of waste:
a. The contract required the Vendee to not damage any improvements or fixtures then or later located on any part of the property or to commit or allow waste of the property. The Vendee was obligated to keep the property in good condition and repair. As of February 28, 2020, the following actions constituting waste have been committed or suffered by the Vendee: The dwelling is filled with trash; the garage is filled with trash; the snow has not been removed allowing access to the property; the Vendee has allowed the temperature within the dwelling to fall below freezing; the dwelling appears to have no electrical power.
The acts that constitute default of the storage building, located at the corner of Manila Avenue West and West 5th Street in Kennedy, Minnesota, 56733, are as follows:
1. The Vendee has allowed the property to fall into disrepair, to the point the large access doors have fallen off.
The following remedies are required to cure these conditions of default:
1. The Vendee must make all payments due in owing to the Seller under the Contract through the date that payment is made.
2. The Vendee must pay the cost of service of the Notice, including reasonable cost of service by sheriff, public officer, or private process server.
3. Payment of 2% of the amount that is in default at the time of the service of this Notice. As of March 4, 2020, the amount in default is $1,408.00, thus the 2% percent additional payment required is $28.16.
4. Payment of all outstanding property taxes and assessments.
5. Payment of $250.00 to apply on attorney’s fees actually expended or incurred.
6. The Vendee must cure all conditions of waste outlined above.
For the purposes of this notice, the name of the Vendor is Benjamin Morton Urie. The address of the Vendor is 402 Elm Avenue Southeast in Hallock, Minnesota, 56728. The telephone number of the Vendor is 701-270-2794. The person authorized to receive payments pursuant to this Notice is Jeffrey W. Hane, Brink Lawyers, P.A., P.O. Box 790, 234 Birch Avenue South in Hallock, Minnesota, 56728.
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 NOTE. THE CONTRACT WILL TERMINATE NINTY (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, $26.18 (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
(6) YOU CURE ALL CONDITIONS OF WASTE ON THE PROPERTIES.
(7) 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.
(8) YOU SECURE THE PROPERTY AND CORRECT THE CONDITIONS OF WASTE.
Dated this 5th day of March, 2020.
/s/ Jeffrey W. Hane
Jeffrey W. Hane, Lic. No. 238569
P.O. Box 790
Hallock, MN 56728
Counsel for Vendor
Benjamin Morton Urie
(March 18, 2020)
NOTICE OF CANCELLATION