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Public Notices for the week of 4/21/13, continued

April 20, 2013
Faribault County Register

IGNS, 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: April 9, 2013

Wells Fargo Bank, NA

Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Randolph W. Dawdy - 2160X

Gary J. Evers - 0134764

Attorneys for Mortgagee

12550 West Frontage Road, Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.

April 22, 29,

May 6, 13, 20, 27, 2013

____________________________

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: March 26, 2003

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $152,000.00

MORTGAGOR(S): Edward J. Schultz and Michelle A. Schultz, husband and wife

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100200100029687419

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: EquiFirst Corporation

SERVICER: Ocwen Loan Servicing, LLC

DATE AND PLACE OF FILING: Filed April 14, 2003, Faribault County Recorder, as Document Number 321537, Thereafter reformed by Findings of Fact, Conclusions of Law and Order for Judgment, dated October 23, 2012, filed November 2, 2012 as Document Number 359985.

ASSIGNMENTS OF MORTGAGE: Assigned to: Deutsche Bank National Trust Company, as Trustee for the Registered Holders of Equifirst Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2; Thereafter assigned to Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2.

LEGAL DESCRIPTION OF PROPERTY: All that Part of the NE 1/4 Section 34-T104N-R24W, Faribault County, Minnesota; described as follows:

Commencing at the Northwest corner of the NE 1/4 of said Section 34; thence North 90 degrees 00 minutes 00 seconds East a distance of 1196.20 feet, on an assumed bearing on the North line of said NE 1/4, to the point of beginning:

Thence South 00 degrees 00 minutes 00 seconds West a Distance of 851.00 feet; Thence North 90 degrees 00 minutes 00 seconds East a Distance of 436.00 feet; Thence North 00 degrees 00 minutes 00 seconds East a distance of 851.00 feet, to a point on the North Line of said NE 1/4; Thence North 90 degrees 00 minutes 00 seconds West a Distance of 436.00 feet, on the North Line of said NE 1/4, to the point of beginning. Subject to highway easement on the north side thereof.

PROPERTY ADDRESS: 58774 200th St, Wells, MN 56097

PROPERTY IDENTIFICATION NUMBER: 06-034-0501

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $199,641.08

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: June 11, 2013, 10:00am

PLACE OF SALE: Sheriff's Main Office, 320 Dr. H Russ Street, Blue Earth, MN 56013

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 December 11, 2013.

"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: April 11, 2013

Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2003-2, Asset-Backed Certificates, Series 2003-2

Assignee of Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke - 152559

Diane F. Mach - 273788

Melissa L. B. Porter - 0337778

Ronald W. Spencer - 0104061

Stephanie O. Nelson - 0388918

Randolph W. Dawdy - 2160X

Gary J. Evers - 0134764

Attorneys for Mortgagee

12550 West Frontage Road,

Ste. 200

Burnsville, MN 55337

(952) 831-4060

PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS DEEMED TO BE A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES.

April 22, 29,

May 6, 13, 20, 27, 2013

____________________________

OFFICE OF THE MINNESOTA SECRETARY OF STATE ~

CERTIFICATE OF ASSUMED NAME

Pursuant to Chapter 333, Minnesota Statutes, the undersigned, who is or will be conducting or transacting a commercial business in the State of Minnesota under an assumed name, hereby certifies:

1. The assumed name under which the business is or will be conducted is BEVCOMM.

2. The street address of the principal place of business of the entity which is or will be conducting business under said assumed name is 123 W. 7th Street, Blue Earth, MN?56013

3. The name and street address of all persons conducting business under said assumed name are as follows:

Granada Telephone Company

27 North Minnesota Street

New Ulm, MN 56073

4. I certify that I am authorized to sign this Certificate and I further certify that I understand that by signing this Certificate, I am subject to the penalties as set forth in Minn. Stat. 609.48 as if I had signed this Certificate under oath.

Dated: April 8, 2013

GRANADA TELEPHONE COMPANY

/s/ Marsha Stolt,

Attorney for Owners

April 22, 29, 2013

____________________________

OFFICE OF THE MINNESOTA SECRETARY OF STATE ~

CERTIFICATE OF ASSUMED NAME

Pursuant to Chapter 333, Minnesota Statutes, the undersigned, who is or will be conducting or transacting a commercial business in the State of Minnesota under an assumed name, hereby certifies:

1. The assumed name under which the business is or will be conducted is BEVCOMM.

2. The street address of the principal place of business of the entity which is or will be conducting business under said assumed name is 123 W. 7th Street, Blue Earth, MN?56013

3. The name and street address of all persons conducting business under said assumed name are as follows: Pine Island Telephone Company

27 North Minnesota Street

New Ulm, MN 56073

4. I certify that I am authorized to sign this Certificate and I further certify that I understand that by signing this Certificate, I am subject to the penalties as set forth in Minn. Stat. 609.48 as if I had signed this Certificate under oath.

Dated: April 8, 2013

PINE ISLAND TELEPHONE COMPANY

/s/ Marsha Stolt,

Attorney for Owners

April 22, 29, 2013

____________________________

ORDINANCE NO. 13-05

CITY OF BLUE EARTH

AN ORDINANCE TO

ESTABLISH PRIVATE

GARAGE EXTERIOR WALL FINISH STANDARDS

WITHIN THE CITY OF

BLUE EARTH

The City Council of the City of Blue Earth does ordain as follows:

SECTION I

That a new subpart be added to Subsection 1040.31, Garages stating the following:

E. Exterior Wall Finish Requirement. All exterior wall finishes for private garages located within R-1 and R-2 zoning districts shall be of the following materials or a combination of the following materials.

1. Face Brick

2. Painted or stained wood siding

3. Natural stone

4. Vinyl siding designed for use on a residential dwelling and consistent with the aesthetic look of the neighborhood.

5.Steel siding designed for use on a residential dwelling and consistent with the aesthetic look of the neighborhood.

6. Stucco

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 15th DAY OF APRIL, 2013

BY: Richard Scholtes, Mayor

ATTEST: Kathy Bailey,

City Administrator

Seal

April 22, 2013

____________________________

ORDINANCE NO. 13-07

CITY OF BLUE EARTH

AN ORDINANCE REVISING PROVISIONS OF

SUBSECTION 1030.10

GENERAL INDUSTRIAL ZONE OF SECTION 1030 OF THE BLUE EARTH CITY CODE

The City Council of the City of Blue Earth does ordain as follows:

SECTION I

That Subsection 1030.10, Subd. 2, Permitted Uses is hereby amended to state the following:

Subd. 2. Permitted Uses.

A. All industry not stated as a conditional or prohibited use provided said industry can conform to prescribed performance standards.

B. Transportation or freight terminal.

C. Wholesale business.

D. All business defined as "Adult Use" as defined in this Chapter.

E. Warehouse.

F. Public utility buildings that do not generate power.

G. Public vehicle garage.

H. Auto repair garage.

I. Essential Services utility lines and necessary appurtenant structures.

J. Grain Elevators/Grain marketing and shipping terminal facilities.

SECTION II

That Subsection 1030.10 Subd. 3, Accessory Uses is hereby amended to state the following:

Subd. 3. Accessory Uses. Any incidental repair, processing, or storage necessary to conduct a permitted principal use shall be permitted as an accessory use except the on ground temporary storage of grains in non-permanent bunker structures which shall require a conditional use permit.

SECTION III

That Subsection 1030.10, Subd. 6A Height Regulations is hereby repealed and all other Subparts of Subsection 1030.10, Subd. 6 are re-lettered accordingly.

SECTION IV

That Subsection 1030.10, Subd. 6 D(2) is hereby amended to state the following:

2. No building shall be located within fifty (50) feet of any rear lot line abutting a lot in any residential district.

SECTION V

That a new Subsection 1030.10, Subd. 6 D(3) is hereby added addressing rear lot regulations stating the following:

3. There shall be no minimum rear yard requirement for lots or parcels adjacent to a railroad right-of-way to the rear side of the parcel.

SECTION VI

That Subsection 1040.17, Subd. 2(B) is hereby amended to state the following:

B. Accessory buildings may be located any place to the rear of the principal building subject to the building code and fire zone regulations except that accessory buildings may be located in front of the principal building in the General Industrial Zone (GI).

SECTION VII

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 15 DAY OF APRIL, 2013

BY: Richard Scholtes, Mayor

ATTEST: Kathy Bailey,

City Administrator

Seal

April 22, 2013

____________________________

ADVERTISEMENT FOR BIDS

Sealed bids will be received until 11:00 AM, May 14, 2013, by John Thompson, County Auditor of Faribault County, Blue Earth, Minnesota, on behalf of the Board of County Commissioners of said county for the following project. Bids will be opened and read publicly in the Commissioners Room in the Courthouse in Blue Earth immediately after the hour set for receiving bids. Any bids received after said hour will be returned to the bidder unopened. Any bid received without a certified check or bid bond will be returned to the bidder without being read or considered.

SP 022-604-013

Estimated major quantities of work include: 2950 Sq. Ft. Bridge Slab Concrete (3Y33A); 150 LF Type F

Railing Concrete; 293 LF Prestressed Concrete Beams 36M; 1015 SY Remove Bituminous Surface;

391 Ton Type SP 12.5 Wearing Course Mixture (2,B)

Charge: $95.00 Counter and $100.00 Delivered

Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations.

READ CAREFULLY THE WAGE SCALES AND

DIVISION A OF THE SPECIAL

PROVISIONS AS THEY

AFFECT THIS/THESE

PROJECT/PROJECTS

The Minnesota Department of Transportation hereby notifies all bidders:

in accordance with Title VI of the Civil Rights Act of 1964 (Act), as amended and Title 49, Code of Federal Regulations, Subtitle A Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation, it will affirmatively assure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded maximum opportunity to participate and/or to submit bids in response to this invitation, and will not be discriminated against on the grounds of race, color, disability, age, religion, sex or national origin in consideration for an award;

in accordance with Title VI of the Civil Rights Act of 1964 as amended, and Title 23, Code of Federal Regulations, Part 230 Subpart A-Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (including supportive services), it will affirmatively assure increased participation of minority groups and disadvantaged persons and women in all phases of the highway construction industry, and that on any project constructed pursuant to this advertisement equal employment opportunity will be provided to all persons without regard to their race, color, disability, age, religion, sex or national origin;

in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.08 Unfair discriminatory Practices, it will affirmatively assure that on any project constructed pursuant to this advertisement equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age;in accordance with the Minnesota Human Rights Act, Minnesota Statute 363A.36 Certificates of Compliance for Public Contracts, and 363A.37 Rules for Certificates of Compliance, it will assure that appropriate parties to any contract entered into pursuant to this advertisement possess valid Certificates of Compliance.

If you are not a current holder of a compliance certificate issued by the Minnesota Department of Human Rights and intend to bid on any job in this advertisement you must contact the Department of Human Rights immediately for assistance in obtaining a certificate.

The following notice from the Minnesota Department of Human Rights applies to all contractors:

"It is hereby agreed between the parties that Minnesota Statute, section 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 are incorporated into any contract between these parties based on this specification or any modification of it. A copy of Minnesota Statute 363A.36 and Minnesota Rules, parts 5000.3400 to 5000.3600 is available upon request from the contracting agency."

"It is hereby agreed between the parties that this agency will require affirmative action requirements be met by contractors in relation to Minnesota Statute 363A.36 and Minnesota Rules 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statute 363A.36, Subd. 2 and 3)."

A minimum goal of 8.1% Good Faith Effort to be subcontracted to Disadvantaged Business Enterprises.

Proposals and specifications may be obtained at the Faribault County Public Works, 5th & Walnut Streets, P.O. Box 325, Blue Earth, Minnesota 56013. Phone (507) 526-3291.

Bids must be accompanied by a certified check or bid bond made payable to the Treasurer of Faribault County for at least 5% of the amount bid.

The board reserves the right to reject any or all bids and to waive any irregularities therein.

John McDonald, P.E.

Director/Engineer

April 22, 29, May 6, 2013

____________________________

ADVERTISEMENT FOR BIDS

Sealed bids will be received until 11:00 AM, May 15, 2013, by John Thompson, County Auditor of Faribault County, Blue Earth, Minnesota, on behalf of the Board of County Commissioners of said county for the following project. Bids will be opened and read publicly in the Commissioners Room in the Courthouse in Blue Earth immediately after the hour set for receiving bids. Any bids received after said hour will be returned to the bidder unopened. Any bid received without a certified check or bid bond will be returned to the bidder without being read or considered.

SAP 22-613-021; Blue Earth City Township Road 104, Emerald Township Road 38

Estimated major quantities of work include: 195,382 CY Common Excavation (P); 42,700 Ton Aggregate

Base Class 7; 53,403 SY Milling, 78 LF 12'x8' Precast Concrete Box Culvert; 1649 LF 18" C.S. Pipe

Culvert; 88.4 Acres Seeding

Charge: $95.00 Counter and $100.00 Delivered

Proposals and specifications may be obtained at the Faribault County Public Works, 5th & Walnut Streets, P.O. Box 325, Blue Earth, Minnesota 56013. Phone (507) 526-3291.

Bids must be accompanied by a certified check or bid bond made payable to the Treasurer of Faribault County for at least 5% of the amount bid.

The board reserves the right to reject any or all bids and to waive any irregularities therein.

John McDonald, P.E.

Director/Engineer

April 22, 29, May 6, 2013

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SYNOPSIS

APRIL 2, 2013

1. All members were present. The pledge of allegiance was recited.

2. Approved synopsis and official proceedings of March 19, 2013.

3. Approved agenda of April 2, 2013.

4. Approved bituminous materials bid to Flint Hills Resource LP of West Fargo ND in the amount of $309,464 for 570 tons. Other bids received were HG Meges of Eau Claire WI for $311,721.60 and Jebro Incorporated for $350,367.60.

5. Approved engineer obtaining quotes on two mowers.

6. Approved Resolution 13-RB02-06 encouraging the Minnesota Legislature to pass and the Governor to sign a bill that brings adequate funding to Minnesota's transportation system. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

7. Approved requests from D. Sundquist to attend a 3-day Mn Fraud Investigators Assoc. conference in Walker; L. Frommie to attend a 1-day South Central Minnesota Emergency Preparedness conference in Mankato; L. Krachmer to attend a 1-day Mn GIS/LIS Consortium workshop in Minneapolis; and D. Hanson to attend a 4-day Mn County Veteran Services Officers conference in Nisswa.

8. Approved repurchase of Parcel No. 25.032.0143 in the City of Elmore for a total of $4,549.17 to Consumer Enterprises LLC.

9. Approved an abatement to John Engen and Susan Shafer-Engen of $240 on Parcel No. 30-200-5440 in the City of Wells.

10. Approved an abatement to Lynn and Cynthia Krachmer of $168.00 on Parcel No. 31-102-0020 in the City of Winnebago.

11. Approved an abatement to Monene R. Amundson of $338 on Parcel No. 26-002-4300 in the City of Frost.

12. Approved payment bills totaling $158,988.67.

Discussion was held concerning the following:

1. N. Crane, S. Smith, and D. Leff met regarding extension business.

2. J. McDonald met regarding public works business. Minnesota Department of Transportation District 7 Design Project Manager Brent Benzkofer also attended.

Complete minutes are on file in the Central Services Office.

The meeting was recessed to 9:00 a.m. April 16, 2013.

Greg Young, Chairman

John Thompson, Auditor/

Treasurer/Coordinator

April 22, 2013

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No. 22 PR 13 231

Estate of

Shirley M. Honken

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 28, 2013, at 10:30 o'clock 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 Decedent, dated 09/29/2009, and for the appointment of Jennie L. Flynn whose address is 1702 500th Street, Buffalo Center, IA 50424 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, pay all legal debts, claims, taxes and expenses, to sell real and personal property, and 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.

Dated: April 17, 2013

BY THE COURT

Douglas L. Richards,

Judge of District Court

Adele Kiehm,

Deputy Court Administrator

(COURT?SEAL)

Dated: April 17, 2013

Attorney For

Personal Representative

R. William Barke

SPENCER, BARKE &

VIESSELMAN

114 West Sixth Street,

PO Box 127

Blue Earth, MN 56013-0127

Attorney License No: 166352

Telephone: (507) 526-2141

FAX: 507-526-5307

Email: sbvlaw@bevcomm.net

April 22, 29, 2013

____________________________

 
 

 

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