Notice of Cancellation of Contract for Deed
NOTICE OF CANCELLATION
OF CONTRACT FOR DEED
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated September 28, 2017, and filed for record on March 13, 2020 as document number A000196658, in the Office of the County Recorder of Kittson County, Minnesota, in which Dorothy Ness as Seller, sold to Zachary Opdahl as Purchaser, the real property in Kittson County, Minnesota, described as follows:
Lots 5-12, inclusive, Block 13, Great Northern Addition to the City of St. Vincent.
together with all hereditaments and appurtenances belonging thereto (the Property). Unless otherwise specified, Seller hereby delivers possession of the Property to Purchaser on the date hereof.
Seller states that there are four wells on the property. No changes have been made to the Well Disclosure Certificate since being filed with the Minnesota Department of Health. See attached maps.
2. The default is as follows:
2017 payments past due $1,000.00;
2018 payments past due $21,500.00.
3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was $25,000.00 and the amount of the purchase price paid by purchaser is $2,500.00, which is 10.00% of the purchase price, as calculated in the manner required by Minnesota Statutes Section 559.21, Subd. 1(e).
4. The conditions contained in Minnesota Statutes Section 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 60 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, $919.59 (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, CONTRACT AN ATTORNEY IMMEDIATELY.
6. The name, address and telephone number of the attorney authorized by Seller to accept payments pursuant to this notice is:
Attorney for Seller
Mailing Address:
Brink Lawyers, P.A.
Attn: George H. Hanson
P.O. Box 790
Hallock, MN 56728
Street Address or Location where the appointed Attorney will accept payment pursuant to this notice:
Brink Lawyers, P.A.
Attn: George H. Hanson
234 South Birch
Hallock, MN 56728
Telephone: 218-843-3686
This person is authorized to receive the payments from you under this notice. George H. Hanson, Esq.
/s/ George H. Hanson
Signature
(April 1, 8, 15, 2020)
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