www.herald-journal.com
Herald Journal Legal Notices
New public notices published in the issue of Oct. 27, 2017

CITY OF WAVERLY
NOTICE OF HEARING
OF PROPOSED ASSESSMENT
Notice is hereby given that the City Council of the City of Waverly, Minnesota will meet on Tuesday, November 14, 2017 at 7:15 p.m. at City Hall, 502 Atlantic Avenue, Waverly, Minnesota to consider the proposed assessment for the following:
Unpaid utility charges.
The area proposed to be assessed is the properties that have received utility services but have not paid for them.
The total amount of the proposed assessment on all properties is $21,340.75 as of the October 17, 2017 billing cycle. This amount will be revised based on utility payments received and an adjustment will be made to include November billing statement amounts.
The proposed assessment roll is on file with the City Clerk and is open to public inspection. Written or oral objections will be considered during the hearing.
No appeal may be taken as to the amount of any assessment adopted pursuant to Minnesota Statutes, Section 429.081, Subdivision 2, unless written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk.
An owner may request deferment of an assessment pursuant to Minnesota Statutes, Section 435.193 to 435.195.
Deborah Ryks
City Clerk
Published in the Herald Journal Oct. 27, 2017.

WRIGHT COUNTY BOARD OF COMMISSIONERS
NOTICE OF INTENT TO AMEND THE WRIGHT COUNTY TOBACCO ORDINANCE – CHAPTER 110 OF THE WRIGHT COUNTY CODE
NOTICE IS HEREBY GIVEN, that the Wright County Board of Commissioners, during its regular meeting on Tuesday, November 14, 2017 at 9:30 AM, will consider amending Chapter 110 of the Wright County Code, the Wright County Tobacco Ordinance. This consideration and discussion will take place in the Commissioners’ Board Room at the Wright County Government Center, 10 2nd St. NW, Buffalo, Minnesota.
The Wright County Tobacco Ordinance regulates the sale, possession and use of tobacco and tobacco related devices in the County and is designed to reduce the illegal sale, possession and use of such items to and by minors. The proposed amendments would allow for seasonal licenses with prorated license fees and would clarify that any violation of federal, state or local tobacco control laws may be grounds for license suspension or revocation.
Questions about the proposed amendments to the Wright County Tobacco Ordinance or requests for the text of the proposed amendments can be directed to Brian J. Asleson, Chief Deputy Attorney, at 763-682-7342 or by e-mail at brian.asleson@co.wright.mn.us.
Lee R. Kelly
Wright County Coordinator
Published in the Herald Journal Oct. 27, 2017.

STATE OF MINNESOTA
COUNTY OF WRIGHT
NOTICE TO PROPERTY OWNERS OF SPECIAL ASSESSMENT
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Wright County Board of Commissioners will meet at 9:30 A.M. on November 28, 2017, in the County Board Room in the Wright County Government Center at 10 2nd Street N.W., Buffalo, MN 55313 to consider, and possibly adopt, the proposed assessment for the completion of a court ordered compliance inspection on the subsurface sewage treatment system on property located at 193 42nd Street S.W., Montrose, Minnesota. Adoption by the County Board of the proposed assessment may occur at the hearing. The following is the area proposed to be assessed: Property which is encumbered by a permanent injunction pursuant to Wright County District Court File No.: 86-CV-16-5377.
The amount to be specially assessed against the particular lots, pieces, or parcels of land is as shown in the assessment roll on file with the Wright County Auditor/Treasurer. Such assessment is proposed to be payable in equal annual installments extending over a period of 1 year, the first of the installments to be payable on or before the first Monday in January 2018, and will bear interest at the rate of 4.00 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments.
An affected property owner may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the County Auditor. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. An affected property owner may at any time thereafter, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If an affected property owner decides not to prepay the assessment before the date given above the rate of interest that will apply is 4.00 percent per year.
The proposed assessment roll is on file for public inspection at the County Auditor’s Office. The total amount of the proposed assessment is $535.00. Written or oral objections will be considered at the meeting. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the County Coordinator or County Auditor prior to the assessment hearing or presented to the presiding officer at the hearing. The County Board may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable.
Under Minn. Stat. §§ 435.193 to 435.195, the County Board may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law, may, within 30 days of the confirmation of the assessment, apply to the County Auditor for the prescribed form for such deferral of payment of this special assessment on his/her property.
An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the County Auditor or the Chair of the County Board within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the County Auditor or Chair of the County Board.
Lee Kelly
County Coordinator
Published in the Herald Journal Oct. 27, 2017.

17-107358
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 the conditions of the following described mortgage:
DATE OF MORTGAGE: December 27, 2013
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $164,957.00
MORTGAGOR(S): James Rivera, a single man and Erika Gomez, a single woman
MORTGAGEE: Mortgage Electronic Registration Systems, Inc.
TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.
MIN#: 100867100130178344
LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: American Mortgage & Equity Consultants, inc.
SERVICER: Cenlar FSB
DATE AND PLACE OF FILING: Filed January 10, 2014, Wright County Recorder, as Document Number A1255667
ASSIGNMENTS OF MORTGAGE: Assigned to: Lakeview Loan Servicing, LLC
LEGAL DESCRIPTION OF PROPERTY: Lot 8, Block 5, Sunset Ponds
PROPERTY ADDRESS: 9354 Goodrich Dr., Monticello, MN 55362
PROPERTY IDENTIFICATION NUMBER: 155-159-005080
COUNTY IN WHICH PROPERTY IS LOCATED: Wright
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $166,825.75
THAT all pre-foreclosure requirements have been complied with; 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: October 18, 2017, 10:00 a.m.
PLACE OF SALE: Sheriff’s Main Office, 3800 Braddock Avenue NE, Buffalo, MN 55313
to pay the debt 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 6 months from the date of said sale by the mortgagor(s), the personal representatives or assigns.
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 mortgagor(s) must vacate 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 April 18, 2018, or the next business day if April 18, 2018 falls on a Saturday, Sunday or legal holiday.
“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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”
Dated: August 17, 2017
Lakeview Loan Servicing, LLC
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
By Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Melissa L. B. Porter - 0337778
Randolph W. Dawdy - 2160X
Gary J. Evers - 0134764
Tracy J. Halliday - 034610X
Attorneys for Mortgagee
12550 West Frontage Road, Suite 200
Burnsville, MN 55337
(952) 831-4060
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE
The above referenced sale scheduled for October 18, 2017, at 10:00 A.M., has been postponed to November 20, 2017, at 10:00 A.M., and will be held at sheriff’s main address, 3800 Braddock Avenue NE, Buffalo, MN 55313.
Unless the mortgage is reinstated under Minnesota Statute 580.30 or the property is redeemed under Minnesota Statute 580.23 the property must be vacated by May 20, 2018. If this date falls on a Saturday, Sunday, or legal holiday, the date to vacate will be the next business day at 11:59 p.m.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
Dated: October 20, 2017
Lakeview Loan Servicing, LLC
Assignee of Mortgagee
SHAPIRO & ZIELKE, LLP
By Lawrence P. Zielke - 152559
Diane F. Mach - 273788
Melissa L. B. Porter - 0337778
Randolph W. Dawdy - 2160X
Gary J. Evers - 0134764
Tracy J. Halliday - 034610X
12550 West Frontage Road, Suite 200
Burnsville, MN 55337
(952) 831-4060
Attorney for Assignee of Mortgagee
Published in the Herald Journal Oct. 27, 2017.