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PUBLIC NOTICE
NOTICE OF CANCELLATION OF CONTRACT FOR DEED
TO: PROSPERITY HOUSE, LLC
YOU ARE NOTIFIED:
1. Default has occurred in the Contract for Deed (“Contract”) dated February 11, 2009, and filed for record February 19, 2009, as Document Number 1101272 in the Office of the County Recorder of St. Louis County, Minnesota in which Chris W. Hull and Marilyn J. Hull, husband and wife as seller(s), sold to Prosperity House, LLC as purchaser(s), the real property in St. Louis County, Minnesota, described as follows:
Easterly one-half (1/2) of Lot Three (3), Block Five (5), NORTON’S DIVISION OF DULUTH
2. The default is as follows:
a) Purchaser has not paid the 2009 real estate taxes which are now owing in the sum of $2,324.90, which figure is good through January 31, 2010.
b) Purchaser did not satisfy City of Duluth Building Inspector’s requirement for release of escrowed insurance funds by October 11, 2009, in accordance with paragraph 20(d) of the Contract for Deed. Purchaser has not subsequently satisfied this requirement, in the time since said date.
c) Purchaser has not provided Sellers with evidence of insurance on the premises with Seller designated as loss payee.
3. For contracts executed after August 1, 1976, and prior to August 1, 1985, the purchase price was $________ and the amount of the purchase price paid by purchaser is $_______, which is _______% of the purchase price, as calculated in the manner required by Minnesota Statutes §559.21, subd. 1c.
4. The conditions contained in Minnesota Statutes §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 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:
Chris W. Hull, Seller
6413 E Hunter Lake Rd
Duluth MN 55803
Street Address or Location where the Seller or the Attorney will accept payment pursuant to this notice:
Karen J. Olson, Attorney at Law
2002 W Superior St
PO Box 16873
Duluth, MN 55816-0873
Telephone: (218) 727-8557
This person is authorized to receive the payments from you under this notice.
P.J. – January 14, 21 and 28, 2010
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