MI Instruction HB-1-3550

Chapter 10

Attachment 1

Page 1

[SHERIFF\'S DEED ON MORTGAGE SALE]{.underline}

This Indenture, made \_\_\_\_\_\_\_\_\_\_\_\_\_\_, between
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Deputy Sheriff, in and for the County
of \_\_\_\_ in the State of Michigan, party of the first part, and THE
UNITED STATES OF AMERICA, acting through the Farmers Home Administration
(now known as Rural Development), United States Department of
Agriculture (\"United States\"), with its District Office being located
at 2769 Ashmun & M-129, Sault Ste. Marie, Michigan, 49783, party of the
second part,

WITNESSETH:

WHEREAS,\_\_\_\_\_\_\_\_\_\_\_\_\_. And\_\_\_\_\_\_\_\_\_\_, husband and
wife, whose address is\_\_\_\_\_\_\_\_\_\_\_, Iron River, Michigan,
49925, made certain Real Estate Mortgages for Michigan (\"Mortgages\")
to the United States of America, acting through the Farmers Home
Administration (now known as Rural Development), United States
Department of Agriculture, such Mortgages being dated January 17, 1996
and recorded January 17, 1996 in Liber 193 in Iron County Records on
Pages 184-187, and re-recorded February 5, 1996 in Liber 193 in Iron
County Records on Pages 403-406, and between the Government and
\_\_\_\_\_\_\_\_\_\_\_dated August 30, 1991 and recorded in Liber 159 in
Iron County Records on Pages 545-549 and assumed
by\_\_\_\_\_\_\_\_\_\_\_\_\_\_, husband and wife, such Mortgages being
given to secure a Promissory Note payable to the United States of
America; and

WHEREAS, said Mortgages contained a power of sale, which has become
operative by reason of a default in the conditions of said Mortgages;
and

WHEREAS, no suit or proceedings at law or in equity have been instituted
to recover the debt secured by such Mortgages; and

WHEREAS, by virtue of said power of sale, and pursuant to the statute in
the State of Michigan in such case made and provided, a notice was duly
published and a copy of said notice was duly posted in a conspicuous
place upon said premises that the said premises described in the
Mortgages would be sold on Friday, September 29, 2000 at 10:00 o\'clock
in the forenoon, local time, at the County Courthouse located at 2 South
Sixth Street in the City of Crystal Falls and County of Iron, Michigan,
that being the place of holding Circuit Court in Iron County, where the
premises are situated; and

WHEREAS, pursuant to said notice, I did on September 29, 2000 at 10:00
o\'clock in the forenoon on said day expose for sale, at public venue,
the land and tenements hereinafter particularly described, and at such
sale did strike off and sell the said lands and tenements to The United
States of America, for the sum of TWENTY NINE THOUSAND TWO HUNDRED
NINETY AND NO/100 (\$29,290.00) DOLLARS, that being the highest bid
therefor and The United States of America being the highest bidder; and

WHEREAS, said lands and tenements are situated in the Township of
Stambaugh, County of Iron, and State of Michigan, and are more
particularly described as follows, to-wit:

> All that part of the W 1/4, Section 35, T43N, R35W, bounded and
> described as follows: Beginning at a point 33 feet south and 180 feet
> West of the Northeast corner of said NE 1/4 of the NW 1/4 of said
> Section 35; thence West 60 feet parallel to the North line of said
> Section; thence south parallel to the quarter line of said Section 150
> feet; thence East 60 feet parallel to the North line of said Section;
> thence North parallel to said Quarter line 150 feet, more or less, to
> the Point of Beginning.

County Real Estate Transfer Tax: \$32.45

This conveyance is exempt from state transfer tax under the State Real
Estate Transfer Tax Act by virtue of MSA 7.456(26)(h)(ii) and (u).

Now, this Indenture Witnesseth, That I, the Deputy Sheriff aforesaid, by
virtue and pursuant to the statute in such case made and provided, and
in consideration of the said sum of money so paid as aforesaid, have
granted, conveyed, bargained and sold, and by this Deed do grant,
convey, bargain and sell unto the said United States of America, its
heirs and assigns, Forever, all the said lands and tenements
hereinbefore described, with the appurtenances and all the estate,
right, title and interest which the said Mortgagors had in the said
lands and tenements, and every part thereof, on January 17, 1996, being
the date of said Mortgage and assumption, or at any time thereafter, to
have and to hold the said lands and tenements and every part thereof to
the United States of America, its heirs and assigns forever, to its sole
and only use, benefit and behoof forever, as fully and absolutely as I,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Deputy
Sheriff aforesaid, under the authority aforesaid, might, could or ought
to sell the same.

Last date to redeem this Deed is the 28th day of March, 2001.

In Witness Whereof, I have hereunto set my hand and seal the day and
year first above written.

Signed, Sealed and Delivered

in Presence of:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Deputy Sheriff

In and for the County of Iron, Michigan

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State of Michigan )

) ss.

County of Iron )

On September 29, 2000, before me, a notary public, in and for said
County, came \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
Deputy Sheriff in said County, known to me to be the individual
described in and who executed the above conveyance, and acknowledged
that he/she executed the same as his/her free act and deed.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Notary Public

Iron County, Michigan

My commission expires:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Evidence of Sale]{.underline}

See Attached Exhibit \"A\" for Affidavit of Publication

See Attached Exhibit \"B\" for Affidavit of Posting

See Attached Exhibit \"C\" for supplemental non-military Affidavit

See Attached Exhibit \"D\" for Proof of Mailing of Notice of Mortgage
Sale to Mortgagors

[Affidavit of Auctioneer]{.underline}

State of Michigan )

) ss.

County of Iron )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, being duly
sworn, deposes and says that he/she is a Deputy Sheriff of said County
of Iron, that he/she acted as Auctioneer, and made the sale as described
in the annexed Deed pursuant to the foregoing printed notice, that the
sale was opened at 10:00 o\'clock in the forenoon on September 29, 2000,
at the County Courthouse located at 2 South Sixth Street in the City of
Crystal Falls and County of Iron and was kept open for the space of one
(1) hour, that the highest bid for said lands and tenements was the sum
of Twenty Nine Thousand Two Hundred Ninety and No/100 (\$29,290.00)
DOLLARS, and that the sale was in all respects open and fair, and did
strike off and sell the said lands and premises to the United States of
America, acting through the Farmers Home Administration, (now known as
Rural Development), United States Department of Agriculture, who
purchased the said premises fairly, and in good faith, as deponent
verily believes.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Deputy Sheriff

Sworn to and subscribed before me, by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, on September 29,
2000.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Notary Public

Iron County, Michigan

My commission expires:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State of Michigan )

) ss.

County of Iron )

I Do Hereby Certify, that the within Sheriff\'s Deed will become
operative at the expiration of six (6) months from the 29th day of
September, 2000, unless otherwise redeemed according to law, in such
case made and provided. Last date to redeem this Deed is the \_\_\_\_
day of \_\_\_\_\_\_\_\_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Deputy Sheriff

\_\_\_\_\_\_\_ County, Michigan