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Public Notices 6-28-10 Continued

June 26, 2010
Faribault County Register
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: Wednesday, August 11, 2010, 10:00 a.m.

PLACE OF SALE: 320 Dr. H. Russ Street, City of Blue Earth, MN

to pay the debt then 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), their personal representatives or assigns.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 02-11-2011 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: NONE

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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

Dated: June 08, 2010

BAC Home Loans

Servicing, LP

Assignee of Mortgagee

Peterson, Fram & Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

BAC Home Loans Servicing, LP

Assignee of Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN 55101

(651) 291-8955

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

16751-102179

June 21, 28,

July 5, 12, 19, 26, 2010

_________________________



NOTICE OF MORTGAGE FORECLOSURE SALE

YOU ARE NOTIFIED THAT:

1. Default has occurred in the conditions of the Mortgage dated June 7, 2005, executed by Ronald P. Madlo and Sharon M. Madlo, husband and wife, as Mortgagor, to KLEINBANK, a Minnesota banking corporation, as Mortgagee, and filed for record June 21, 2005, as Document No. T-18710, in the Office of the Registrar of Titles, Sibley County, Minnesota, as amended by that certain Amendment to Mortgage (To Add Additional Property) dated June 13, 2005, executed by Ronald P. Madlo and Sharon M. Madlo, husband and wife, as Mortgagor, to KLEINBANK, a Minnesota banking corporation, as Mortgagee, and filed for record on June 28, 2005, as Document No. 332490, in the Office of the County Recorder, Faribault County, Minnesota (collectively the “Mortgage”). The land located in Faribault County and described in the Mortgage is not registered land.

2. The Mortgage has not been assigned.

3. The original principal amount secured by the Mortgage was: $75,000.00.

4. No action or proceeding at law is now pending to recover the debt secured by the Mortgage, or any part thereof.

5. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage, and all notice and other requirements of applicable statutes.

6. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is: $35,786.13.

7. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the land located in Faribault County, Minnesota, described as follows:

Legal Description: That part of the North Half of the Southwest Quarter of Section 7, Township 104 North, Range 26 West, Faribault County, Minnesota, described as:

Commencing at the West Quarter corner of Section 7; thence South 00 degrees 03 minutes 46 seconds East, (assumed bearing), along the west line of the Southwest Quarter of said Section 7, a distance of 923.44 feet to the point of beginning; thence continuing South 00 degrees 03 minutes 46 seconds East, along said west line, 26.00 feet; thence North 89 degrees 07 minutes 39 seconds East, 1494.29 feet; thence North 00 degrees 00 minutes 25 seconds East, 483.67 feet; thence North 81 degrees 30 minutes 42 seconds West, 488.19 feet; thence South 61 degrees 26 minutes 04 seconds West, 147.14 feet; thence South 03 degrees 06 minutes 45 seconds West, 304.76 feet; thence North 89 degrees 35 minutes 22 seconds East, 300.78 feet; thence South 01 degrees 30 minutes 44 seconds East, 162.20 feet; thence South 89 degrees 07 minutes 39 seconds West, 1170.79 feet to the point of beginning;

Property Address: 23322 430th Avenue, Delavan, MN 56023;

Tax Parcel I.D. Number:

12-007-0201;

will be sold by the County Sheriff of Faribault County, Minnesota, at public auction on August 11, 2010 at 10:00 a.m., in the lobby of the Faribault County Sheriff's Office, 320 Dr. H. Russ Street, Blue Earth, Minnesota 56013.

8. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is twelve months after the date of sale.

9. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON THE MORTGAGE: NONE.

10. 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

11. 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. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

12. If the Mortgage is not reinstated under Section 580.30 or if the property is not redeemed under section 580.23 on or before August 11, 2011, then the property must be vacated at 11:59 p.m. on August 11, 2011, if the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

13. Additional Foreclosure Data required by Minn. Stat. Sec. 580.025:

Mortgage Originator (Lender): KLEINBANK, a Minnesota banking corporation.

Transaction Agent: Not Applicable.

Transaction Agent Mortgage Identification Number: Not Applicable.

Lender or Broker: KLEINBANK, a Minnesota banking corporation.

Residential Mortgage Servicer: Not Applicable.

Dated: June 21, 2010

KLEINBANK, a Minnesota banking corporation

Mortgagee

LINDQUIST & VENNUM, PLLP

By William P. Wassweiler (MN #0232348)

Attorneys for Mortgagee

4200 IDS Center

80 South Eighth Street

Minneapolis, Minnesota 55402

(612) 371-3211

June 28, July 5, 12, 19, 26, August 2, 2010

_________________________



ORDINANCE NO. 10-04

CITY OF BLUE EARTH

AN ORDINANCE TO

REGULATE THE ALLOWING OF THE USE OF ALCOHOL BY

MINORS DURING

NON-PUBLIC SOCIAL EVENTS HELD ON PRIVATE

PROPERTY.

The City Council of the City of Blue Earth does ordain as follows: pursuant to Minn. Stat. § 145A.05, subd. 1.

SECTION I.

SUBSECTION 430.06 – SOCIAL HOSTS.

Subd. 1. DEFINITIONS.

For the purposes of Subsection 430.06, the following terms have the following meanings:

A. ALCOHOL

Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof, from whatever source or by whatever process produced.

B. ALCOHOLIC BEVERAGE

Alcohol, spirits, liquor, wine, or beer and which contains 1/2 of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other activity.

C. EVENT or GATHERING

Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.

D. HOST

To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.

E. PARENT

Any person having legal custody of a juvenile:

1. As natural adoptive parent;

2. As a legal guardian; or

3. As a person to whom legal custody has been given by order of the court.

F. PERSON

Any individual, partnership, co-partnership, corporation, or any association of one or more individuals.

G. RESIDENCE or PREMISES

Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.

H. UNDERAGE PERSON

Any individual under 21 years of age.

Subd. 2. PURPOSE AND FINDINGS.

The Blue Earth City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons less than 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Blue Earth City Council finds that:

A. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.

B. Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdoes or alcohol-related traffic collisions.

C. Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.

D. Often events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity and, in some circumstances, provide the alcohol.

E. Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption.

F. A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs.

Subd. 3. PROHIBITED ACTS.

A. It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume any alcohol or alcoholic beverage or possess any alcohol or alcoholic beverage with the intent to consume it and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).

B. A person is criminally responsible for violating § 71-14A above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.

C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.

Subd. 4. EXCEPTIONS.

This Subsection 430.06 does not apply to:

A. Conduct solely between an underage person and his or her parents while present in the parent’s household.

B. Legally protected religious observances.

C. Retail intoxicating liquor or 3.2-percent malt liquor licenses, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. § 340A.503, subdivision 1(a)(1).

D. Situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.

Subd. 5. AUTHORITY.

This Subsection 430.06 is enacted pursuant to Minn. Stat. § 145A.05, subdivision 1.

Subd. 6. ENDORSEMENT.

This Subsection 430.06 can be enforced by any police officer or sheriff’s deputy in the county.

Subd. 7. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, word, or other portion of this Subsection is, for any reason, held to be unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

Subd. 8. PENALTY.

A violation of § 71-14 is a misdemeanor.

SECTION II.

This Ordinance shall not be effective until thirty (30) days after its passage and publication.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 21st DAY OF JUNE, 2010

BY: Mayor

ATTEST: City Administrator

(Seal)

June 28, 2010

_________________________



NOTICE OF HEARING

FOR VARIANCE REQUEST

Notice is hereby given that on Monday, July 19, 2010, at 7:00 PM in the Conference Room of the Faribault County Ag Center, Blue Earth, MN, the Faribault County Board of Adjustment will hold a Public Hearing on the application of Carol and Garry Tipler for a Variance Request.

Applicant requests a variance to the Ordinary High Water Mark setback of two hundred (200) feet to one hundred (100) feet for a deck and the addition of a second story to an existing structure in the A-1 Shoreland Agriculture District located in the Northwest Quarter (NW 1/4) of Section Fourteen (14), Township One Hundred Three (103) North, Range Twenty-eight (28) West, Verona Township, Faribault County, Minnesota.

All persons interested are invited to attend said hearing and be heard on this matter.

Michele Stindtman

Faribault County

Planning & Zoning

June 28, 2010

_________________________



ADVERTISEMENT FOR BIDS

Notice is hereby given that sealed bids will be received for the furnishing of labor, materials, equipment and skills required for Bid Package 27 - Communications; for Communications Services, Structured Cabling, Master Antenna Television System at:

United Hospital District Clinic Addition and Hospital Expansion, Blue Earth Minnesota.

Project shall be constructed in accordance with Contract Documents prepared by Hammel, Green and Abrahamson, Inc., Architects and Engineers.

Sealed stipulated sum bids will be received at the Classroom of the United Hospital District, 515 South Moore Street, Blue Earth, Mn, 56013 until 2:00 P.M. on Tuesday, July 20th, 2010, at which time the bids will be opened and publicly read.

Sealed bids sent by mail or delivery service shall be addressed to Jeff Lang, CEO, United Hospital District, 515 South Moore Street, Blue Earth, Mn. 56013, with the outer envelope clearly marked: Bid Enclosed: Bid Package 27 - Communications, United Hospital District Clinic Addition and Hospital Expansion. Facsimile or electronic bids will not be accepted.

Submit bids in duplicate on bid form provided. It is the sole responsibility of the bidder that bids are received by the date and time specified, bids received after this date and time will be returned unopened. Bids may not be withdrawn for a period of 45 calendar days after opening of bids.

Prebid Meeting: A prebid meeting will be held at the site on Tuesday, July 13th at 10:00 AM. Attendance by all interested bidders is strongly encouraged.

Bid Security: Required in the form of a certified check, cashier’s check or bidder’s bond in the amount of not less than 5% of total bid, as a guarantee that bidder, if awarded a contract, will properly execute the contract.

Performance and Labor/Material Payment Bonds: Required for the full contract amount, the cost of which is to be included in Bid Amounts.

Plans and Specifications: You may view the documents by going to the Franz Reprographics website, www.franzrepro.com and selecting the project in the PlanCommand Plan Room. Plans may be viewed and purchased from the online plan room as paper prints or electronic downloads according to the terms listed there. Please contact Franz Reprographics by phone: 763-503-3401 for help needed ordering documents.

Questions regarding bidding should be directed to the office of the Construction Manager, United Builders of Blue Earth, Inc. phone 507-526-2313. No calls to owner requested.

The Owner reserves the right to reject any or all bids, accept bids it deems to be in its best interest, to waive any informalities or irregularities in bids submitted and waive minor irregularities or discrepancies in the bidding procedure.

June 28, July 5, 2010

_________________________



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 21, 2001

MORTGAGOR(S): Allan Ehlert and Vicki J. Ehlert, husband and wife.

MORTGAGEE: Homestead Mortgage Corporation.

DATE AND PLACE OF RECORDING: Recorded: December 27, 2001, Faribault County Recorder, Document No. 314862.

ASSIGNMENTS OF MORTGAGE: Assigned to: Bankers Trust Company, as Trustee, Dated: December 21, 2001, Recorded: August 1, 2002, Document No. 317940. And thereafter assigned to: Stewardship Fund, LP, Dated: October 2, 2009, Recorded: October 27, 2009, Document No. 349447. And thereafter assigned to: Creditus Lending, L. P., Dated: October 7, 2009, Recorded: October 27, 2009, Document No. 349448.

Transaction Agent: NONE

Transaction Agent’S Mortgage Identification Number ON MORTGAGE: NONE

Lender or Broker and mortgage originator stated on Mortgage: Homestead Mortgage Corporation

Residential Mortgage Servicer: Creditus Lending, L.P.

MORTGAGED PROPERTY ADDRESS: 102 South Secor Avenue, Bricelyn, MN 56014

Tax Parcel I.D. #: 22.241.1010

LEGAL DESCRIPTION OF PROPERTY: Lots 1, 2, 3, 9, 10 and 11 in Block 6 in Cameron’s Addition to the Village of Bricelyn, Faribault County, Minnesota.

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

Original Principal Amount of Mortgage: $35,275.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $47,644.20

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; 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: August 13, 2010 at 10:00 AM

PLACE OF SALE: Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, Blue Earth, MN

to pay the debt secured by said mortgage and taxes, if any, on said premises and the costs and disbursements, including attorney fees allowed by law, subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.

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 February 14, 2011.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None

"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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."

Dated: June 19, 2010.

Creditus Lending, L.P.

Mortgagee/Assignee of Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/ Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

90-1756

2009082400010119

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

June 28, July 5, 12, 19. 26, August 2, 2010

_________________________
 
 

 

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