Continued
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: Wednesday, May 09, 2012, 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 11/09/2012 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: March 08, 2012
Bank of America, National Association
Mortgagee
Peterson, Fram & Bergman, P.A.
By: Steven H. Bruns
Attorneys for:
Bank of America, National Association
Mortgagee
55 E. 5th St., Suite 800
St. Paul, MN 55101
(651) 209-7599
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
16751-120152
March 19, 26,
April 2, 9, 16, 23, 2012
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT & COUNTY OF MARTIN
BEFORE THE DRAINAGE
AUTHORITY OF COUNTY DITCH #26 FARIBAULT COUNTY
In the Matter of the Improvement of Branch A of County Ditch #26, Faribault County, Minnesota
Notice is hereby given, that the petition for the improvement of Branch A County Ditch #26, Faribault County, is pending before the Joint Drainage Authority. The engineer's final report and the viewer's report have been filed with the Faribault County Auditor. The County Board acting as Drainage Authority will consider the petition and reports, hear all interested persons and decide whether or not to proceed with said project at a public hearing in Hamilton Hall, 202 South Main Street in Blue Earth, MN on Tuesday, April 17, 2012 at 1:00 p.m.
A description of the proposed improvement as shown by the engineer's report on file is as follows:
Branch A of County Ditch #26 drains portions of Section 19, 20, 21, 27, 28, 29, 30, 34 and 35 of Emerald Township, Faribault County, Minnesota. The improvement extends from the outlet of Branch A into the open ditch of County Ditch #26 in the NW1/4 of section 30 in Emerald Township and into the NE of section 29 of Emerald Township. The engineer has determined that $223,995.97 of the $478,216.32 total estimated cost of the improvement is separable maintenance and will be assessed to the entire County Ditch #26 benefitted parcels.
A description of the properties benefited and damaged as reported by the viewers, which report in on file in the office of the Faribault County Auditor-Treasurer is as follows: Emerald Township Section 19 David L Hanson Family Trust SE4SW4; Glen A & Ardell Frandle NE4SE4, SW4SE4, SE4SE4; Section 20 Michael J & Virginia Johnson etal NW4SE4, NE4SE4, SW4SE4, SE4SE4; Dean Clark Living Trust Agreement & Family Trust NE4SW4, NE4SW4, SW4SW4, SE4SW4; Section 21 John Frandle and Glen and Ardell Frandle SW4SW4; Section 27 John S & Joan Frandle NW4SW4, SW4SW4; Bradford Family Trust Agreement SE4SW4, SW4NW4; Sonja C Molskness NE4 SW4 ex tract, S20R NE4SW4; Section 28 J-ACE Farms & James & Lisa Erdahl SW4NW4, SE4NW4, NW4SW4, NE4SW4; Roger P Renkly NE4NE4, SE4NE4; Glenn A and Ardell Frandle SW4NE4, NW4NE4, Leroy & Mavis Bottelson NE4SE4, NW4SE4, John S & Joan Frandle E2NE4NW4; Douglas Nimz NW4NW4, W2NE4NW4; Betty Maland E2SW4SE4, SE4SE4; Section 29 Daryl Murray NW4NW4; Stallkamp Family Trust - NE4NW4, SE4NW4; Joseph M & Barbara J Anderson Tract in SE4NE4; Daryl & Judith Murray NW4NE4, NE4NE4, SW4NE4, NE4SE4; Section 30 Douglas & Tina Nimz NE4NW4; David K & Sandra Murray NE4NE4, NW4NE4, NE4NE4; Section 33 Betty Maland NE4NE4; Section 34 John S & Joan Frandle NW4NW4. Also roads in Emerald Township.
Copies of the final engineer's report, viewers' report and any other pertinent information on file with the County Auditor may be viewed during regular business hours at the Auditor's Office, 415 North Main, Courthouse, Blue Earth, Minnesota. Reports may also be found at www.co.faribault.mn.us .
Dated the 14th day of March, 2012.
John L. Thompson
Faribault County Auditor-Treasurer-Coordinator
March 19, 26, April 2, 2012
____________________________
PUBLIC NOTICE
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 7, 2001
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $67,520.00
MORTGAGOR(S): Lonnie Huston and Tracey Huston
MORTGAGEE: American Business Mortgage Services INC
SERVICER: Ocwen Loan Servicing, LLC LENDER: American Business Mortgage Services INC.
DATE AND PLACE OF FILING: Faribault County Minnesota, Recorder , on January 7, 2002, as Document No. 315004.
ASSIGNED TO: The Bank of New York Mellon f/k/a The Bank of New York successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-3 Dated: February 8, 2012, and recorded February 21, 2012 by Document No. 357421.
LEGAL DESCRIPTION OF PROPERTY: A Tract of land commencing 538 feet north of the southwest corner of the northwest quarter (NW1/4) of section twenty-two(22) in township one hundred one (101) north of range twenty-four (24) west of the fifth principal meridian in the County of Faribault, State of Minnesota, thence running east 183 feet, thence north 75 feet, thence west 183 feet, thence south 75 feet to the point of beginning. Being also described as the north 75 feet of Auditor's Lot No.9 in said southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section Twenty-two (22), Township one hundred one (101) Range Twenty-four (24) Faribault county, Minnesota.
PROPERTY ADDRESS: 111 North 1st Street, Kiester, MN 56051
PROPERTY I.D: 27-022-1300
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Seventy Thousand Six Hundred Seventy-Two and 96/100 ($70,672.96)
THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; 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: 10:00 AM on May 10, 2012
PLACE OF SALE: Sheriff's Main Office, Lobby, 320 Dr. H Russ Street, Blue Earth MN 56013
to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. 580.30 or the property is not redeemed under Minn. Stat. 580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on November 10, 2012, or the next business day if November 10, 2012 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."
Dated: March 26, 2012
The Bank of New York Mellon f/k/a The Bank of New York successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-3
Randall S. Miller &
Associates, PLLC
Attorneys for Assignee of Mortgage/Mortgagee
One Financial Plaza,
120 South Sixth Street,
Suite 1100
Minneapolis, MN 55402
Phone: 612-573-3677
Our File No. 12MN00063-1 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
A-4217102
March 26,
April 2, 9, 16, 23, 30, 2012
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT
FIFTH JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION
Court File No. PR 12 167
Estate of
Charles W. Pingry
aka Chuck Pingry
aka Warren Pingry
Decedent
NOTICE AND?ORDER?OF?HEARING ON PETITION
FOR PROBATE OF WILL
AND APPOINTMENT OF
PERSONAL
REPRESENTATIVE AND
NOTICE TO CREDITORS
It is Ordered and Notice is given that on May 1, 2012, at 10:30 a.m., a hearing will be held in this Court at Blue Earth, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent, dated July 21, 1999, and for the appointment of Gregory A. Pingry, whose address is W175 S7806 Castle Glen St., Muskego, WI 53150 as Personal Representative of the Estate of the Decedent in an UNSUPERVISED administration.
Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representative will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.
Notice is also given that (subject to Minn. 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
A charitable beneficiary may request notice of the probate proceedings be given to the Attorney General pursuant to Minn. Stat. 501B.41, subd. 5.
BY THE COURT
Dated: March 22, 2012
Douglas L. Richards
Judge of District Court
(COURT?SEAL)
Dated: March 22, 2012
Adele Kiehm,
Deputy Court Administrator
Attorney for
Personal Representatives
Michael D. Johnson
Frundt & Johnson, Ltd.
117 W. 5th St., P.O. Box 95
Blue Earth, MN 56013
Attorney License No.: 51433
Telephone: 507-526-2177
Fax: 507-526-4477
email: mjohnson@frundt-johnson.com
April 2, 9, 2012
____________________________
PETITION OF STATE OF
MINNESOTA,
BY THOMAS K. SOREL,
ITS COMMISSIONER OF TRANSPORTATION,
FOR THE RIGHT
TO MAKE MINOR ALTERATIONS OR CHANGES IN
JUDICIAL DITCH NO. 1 AND COUNTY DITCH NO. 43
IN FARIBAULT COUNTY
NOTICE OF HEARING
TO ALL PERSONS INTERESTED IN JUDICIAL DITCH NO. 1 AND COUNTY DITCH NO. 43 IN FARIBAULT COUNTY:
YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE that the State of Minnesota, by Thomas K. Sorel, its Commissioner of Transportation, has filed a Petition with the Auditor of Faribault County, pursuant to Minnesota Stat. 161.28, praying that he be allowed to make minor alterations or changes in Judicial Ditch No. 1 and County Ditch No. 43. That attached to said Petition now on file is a plan description of the minor alterations or changes petitioned for. That the portions of said Judicial Ditch No. 1 and County Ditch No. 43 which are proposed to be changed or altered are shown by maps and plans attached to said Petition.
That said Petition alleges that it is advantageous and desirable in the construction and maintenance of Trunk Highway No. 109 that said minor alterations or changes be made, and that said minor alterations or changes petitioned for will not affect the functioning nor impair the efficiency of said Judicial Ditch No. 1 or County Ditch No. 43.
YOU WILL FURTHER TAKE NOTICE that said Petition will be presented to the County Board at the Courthouse, 415 North Main in the City of Blue Earth, Minnesota, on the 17th day of April, 2012, at 11:00 o'clock a.m. at which time all persons interested in said ditch system may appear and be heard and present arguments for or against the granting of said Petition. Copies of the petition may be viewed during regular business hours at the Auditor-Treasurer Office or online at www.co.faribault.mn.us .
John L. Thompson
Faribault County Auditor-Treasurer
April 2, 9, 16, 2012
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT
FIFTH JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION
Court File No. PR 12 168
Estate of
Arnold Prescher
aka Arnold Fredrick Prescher
Decedent
NOTICE AND?ORDER?OF?HEARING ON PETITION
FOR PROBATE OF WILL
AND APPOINTMENT OF
PERSONAL
REPRESENTATIVE AND
NOTICE TO CREDITORS
It is Ordered and Notice is given that on May 1, 2012, at 10:30 a.m., a hearing will be held in this Court at Blue Earth, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent, dated May 13, 1998, and codicil to the Will dated May 9, 2002, and separate writing under Minn. Stat. 524.2-513 ("Will"), and for the appointment of Paul Prescher whose address is 17941 440th Ave., Delavan, MN 56023, and of Ruth Prescher, whose address is 17941 440th Ave., Delavan, MN 56023 as Personal Representatives of the Estate of the Decedent in an UNSUPERVISED administration.
Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representatives will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.
Notice is also given that (subject to Minn. 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representatives or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
A charitable beneficiary may request notice of the probate proceedings be given to the Attorney General pursuant to Minn. Stat. 501B.41, subd. 5.
BY THE COURT
Dated: March 22, 2012
Douglas L. Richards
Judge of District Court
(COURT?SEAL)
Dated: March 22, 2012
Adele Kiehm,
Deputy Court Administrator
Attorney for
Personal Representatives
Daniel L. Lundquist
Frundt & Johnson, Ltd.
117 W. 5th St., P.O. Box 95
Blue Earth, MN 56013
Attorney License No.: 0348168
Telephone: 507-526-2177
Fax: 507-526-4477
email: dlundquist@frundt-johnson.com
April 2, 9, 2012
____________________________
NOTICE OF HEARING
BEFORE THE DRAINAGE
AUTHORITY OF
FARIBAULT COUNTY
Whereas a petition from Doug Meyer has been filed with the Faribault County Drainage Authority for the authority to outlet approximately 11.6 acres of land into Judicial Ditch #17F pursuant to MS 103E.401, subdv 2,
NOTICE IS HEREBY GIVEN that a hearing will be held before the drainage authority on the 17th day of April, 2012 at 11:30 a.m. in the Board Room of the Faribault County Courthouse, 415 North Main Street, Blue Earth, Minnesota for the purpose of further considering the petition. The petitioner wishes to add approximately 11.6 acres of land into said drainage system not already being assessed benefits. The land is located in section 2 of Verona Township. The purpose of the meeting will be to decide the adequacy of the outlet, outlet fees and future benefits for repair. All interested persons may attend and be heard thereon.
Dated this 26th day of March 2012.
John L. Thompson
Faribault County Auditor
April 2, 2012
____________________________
NOTICE OF HEARING FOR VARIANCE REQUEST
Notice is hereby given that on Monday, April 16, 2012 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 Michael Swanson for a Variance Request.
Applicant requests a variance to the Ordinary High Water Level (OHWL) setback of 500 feet to 195 feet to an Intermittent Stream for an expansion to his existing feedlot.
Site consists of over 10 acres of land located within the A-2 General Agriculture District at the following described property:
The North Half (N 1/2) of the Southwest Quarter (SW 1/4) of Section Twenty-one (21), Township One Hundred Four (104) North, Range Twenty-four (24) West, Dunbar 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
April 2, 2012
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT
CONSUMER CREDIT
CONTRACT
DISTRICT COURT
FIFTH JUDICIAL DISTRICT
Capital One Bank (USA), N.A.
Plaintiff,
vs.
William P Leesch
Defendant(s).
SUMMONS
Court File No. 22-CV-12-89
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Complaint against you is on file in the above-named Court.They are official papers that affect your rights.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
Messerli & Kramer P.A., 3033 Campus Drive, Suite 250, Plymouth, MN 55441.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A Default Judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
MESSERLI &?KRAMER PA
Brian A. Chou, #0332124
Jefferson C. Pappas, #0304943
Jaime J. Hommerding, #0387432
Jillian N. Walker, #0388575
Jennifer M. Zwilling, #0389153
Jonathan R. Septer, #0390506
Michael R. Link, #0390019
3033 Campus Drive, Ste 250, Plymouth, MN 55441
Ph#: (763) 548-7900
Fax#: (763) 548-7922
This communication is from debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.
April 2, 9, 16, 2012
____________________________
DEADLINE
Deadline for Public Notices is Wednesday at 12:00 Noon for the next Mondays issue. All legal copy should be delivered to the office by noon Wednesday to insure its publication.
If you need to place a public notice legal please email your legal to ptrue@faribaultcountyregister.com or fcnews@bevcomm.net
Or mail notice to: Faribault County Register, PO Box 98, 125 North Main Street, Blue Earth, MN or fax to 507-526-4080. Thank you.