Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06
closed and tho period Of rsdemp.

closed and tho period Of redemp.
ton has not yet expired, or where
a sale is hereafter had, in the case
Of real estate mortgage foreclosure
proceedings, now pending, or which
may hereafter be instituted prior
to the expiration Of two years from
and after the passage Of this act
or upon the sale of any real prop
erty under any Judgment or execu-
ton where the period Of redemp-
ton has not yet expired, or where
such sale is made hereafter within
two years from and after the
passage Of this act, the period OF
redemption may be extended for
such additional time as the court
may deem just and equitable but
in no event beyond March l, 1889;
provided that the mortgagor, or the
owner In possession Of said prop
erty, in the case of mortgage fore
closure proceedings, or the judy
ment debtor. in case Of sale under
Judgment, or execution. shall prior
to the expiration Of the period of
redemption apply to the District
Court having jurisdiction Of the
matter, on not less than ten days
written notice to the mortgage or
Judgment creditor, or the attorney
Of either, as the case may be, for
an order determining the reasonable
value of the income on said prop
erty, or, If the property has no
income, then the reasonable rental
value Of the property involved in
such sale, and directing and re-
quiring such mortgagor or judg-
ment debtor to pay all or a reason
able part of such income or rental
value in or toward the payment Of
taxes, insurance, interest, mortgage
or judgment Indebtedness at such
times and in such manner as shall
be fixed and determined and Or
dered by the court; and the court
shall thereupon hear said applica-
ton and after such hearing shall
make and file its order directing
the payment by such mortgagor,
or Judgment debtor, Of such an
amount at such times and in such
manner as to the court shall, under
all the circumstances, appear just
and equitable. Provided, further,
that upon the service Of the notice
or demand aforesaid that the run
ming Of the period of redemption
shall be tolled until the court shall
make its order upon such applica-
ton. Provided, further, however,
that II such mortgagor or Judgment
debtor. or personal representative,
shall default in the payments, or
any of them, in such order re-
CURED, on his part to be done, or
commits waste, his right to redeem
from sale shall terminate 80 days
after there shall have been filed in
the office of the clerk OF court an
order by the court finding such
default or waste to exist, and there
upon his right to possession shall
cease and the party acquiring title
to any such real estate shall then
be entitled to the immediate pos
session Of said premises. Such order
may be made by the court after
hearing held upon not less than
five days notice in writing to the
defaulting party or his attorney.
Provided, further, that holders of
subsequent liens may redeem in the
order and manner now provided by
law beginning 80 days after the
service upon such mortgagor, or
Judgment debtor, or their personal
representative or assigns and hold
ers of subsequent liens, Of notice
of default and the filing Of such
notice Of default with proof of
service thereof with the clerk of
such District Court, and his right
to possession shall cease and the
party acquiring title to any such
real estate shall then be entitled
to the immediate possession of said
premises. Such 80 day period shall
not begin to run until the filing of
an order by the court finding such
default or waste to exist. Provided,
further, that the time Of redemp-
ton from any real estate mortgage
foreclosure or Judgment or execu-
ton sale heretofore made, which
otherwise would expire less than 80
days after the passage and ap-
prevail Of this act, shall be and the
same hereby is extended to a date
80 days after the passage and ap-
prevail Of this act, and in such
case, the mortgagor, or Judgment
debtor, or the assigns or personal
representative Of either, as the case
may be, or the owner in possession
Of the porperty, may, prior to said
date, apply to said court for and
the court may thereupon grant the
relief as hereinbefore and in this
section provided. Provided, further,
that prior to March /, 1899, no
action shall be maintained In this
state for deficiency judgment
until the period Of redemption as
allowed by existing law or as ex-
tended under the provisions Of this
Act has expired.
Section S. Under the application
Of either party prior to the expira-
ton of the extended period Of re-
demption, as provided in this act
and upon the presentation Of evil
dence that the terms fixed by the
court are no longer just and rea-
sorable, the court may revise and
alter such terms in such manner
as the changed circumstances and
conditions may require.
Section 6. The trial Of any &C.
ton, hearing or proceeding men,
toned in this act, shall be hello
whiting thirty days after the filing
by either party Of notice Of hearing
or trial, as the case may be, ano
such hearing or trial may be hello
/ at ANU general or Snecial term on