Legal Notice
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
DATED: DECEMBER 4 , 2017
TO: ARTURO CELAADA AND SUSAN SANCHEZ
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 PAYMENT 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 ATTORNEY’S 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, $240.00 (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 YOR 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.
THE PERSON AUTHORIZED TO RECEIVE PAYMENTS PURSUANT TO THIS NOTICE IS:
Paul A. Vis
Eisma and Eisma
130 E. Main, PO Box 625
Luverne, Minnesota 56156
(507)283-4828
YOU ARE HEREBY FURTHER NOTIFIED: That default has been made in the conditions of that certain contract, dated December 27, 2011, whereby Dennis Gilbertson and Linda Gilbertson, husband and wife, as vendors sold and agreed to convey to Arturo Celaada and Susan Sanchez, as tenants in common, as vendees, the tract of land lying in the County of Nobles, State of Minnesota, described as follows, to wit:
Lot Eighteen (18), Block Two (2), Re-subdivision of Original Plat,
Village of Leota, Minnesota,
Minnesota.
That no mortgage registration tax on said contract has been paid to the Treasurer of Nobles County, Minnesota; that the conditions of said contract in which said default has been made are as follows, to wit:
4. PURCHASE PRICE. Purchaser shall pay to Seller, at the Seller’s residence or as otherwise agreed upon by the Parties, the sum of Eighteen Thousand Five Hundred One and No/100 Dollars ($18,501.00), as and for the purchase price for the Property, payable as follows:
$ 1.00 Cash, on or before January 1, 2012;
$ 18,500.00 Balance of purchase price payable as follows: In monthly installments of interest and principal of $300.00 commencing the 15th day of January, 2012, and continuing on the 15th day of each and every month thereafter until March 15, 2018 at which time the entire unpaid principal balance and any accrued interest shall become fully due and payable, all with interest computed on the unpaid principal balance from January 1, 2012 at the rate of 6.50% PER ANNUM with each installment applied first to accrued interest and balance, if any, to principal according to that certain amortization schedule, which is attached hereto as Exhibit A.
Purchasers have made sporadic payments, and there is currently owing the amount of $12,000.00, not including accrued interest.
6. REAL ESTATE TAXES AND ASSESSMENTS. Seller shall pay, before penalty accrues, 100% of the real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 2011 and Buyer shall pay 100% of the real estate taxes and installments of special assessments assessed against the Property which are due and payable in the year 2012 and in all subsequent years.
Purchasers haven’t paid real estate taxes payable in 2015 through 2017; the total amount paid by the Sellers has been $1,042.63 for the 2015 and 2016 payable taxes, and the 2017 are unpaid but are delinquent in the total amount of $691.20, with amount includes a penalty.
and that said contract will be canceled and terminated 90 days after the service of this notice upon you unless prior thereto you comply with said conditions of said contract so in default and pay the costs of service of this notice and attorney’s fees* in the amount of $500.00 actually expended or incurred by the undersigned, and the mortgage tax of $0.00 (if paid by vendor).*
*See Minn. Stat. 559.21 and Chapter 240,1996 Sessions Laws,
Paul A. Vis, Attorney for the Vendors
130 East Main, PO Box 625
Luverne, Minnesota
(507)283-4828
This Instrument Drafted By:
Paul A. Vis
Eisma and Eisma
130 East Main
Luverne, Minnesota 56156
I.D.#297550
12-6, 12-13, 12-20
