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Public Notices for the week of 2/3/14

February 2, 2014
Faribault County Register

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No. 22 PR 14 26

Estate of

Alice Myrtle Furland

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 February 25, 2014, 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 November 22, 2002, and for the appointment of Greg Young, whose address is 35719 150th Street, Winnebago, MN 56098 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: January 21, 2014

BY THE COURT

Douglas L. Richards,

Judge of District Court

Adele Kiehm,

Deputy Court Administrator

(COURT?SEAL)

Dated: January 21, 2014

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

January 27, February 3, 2014

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

IN DISTRICT COURT

FIFTH JUDICIAL DISTRICT

Court File No. 22-CV-13-184

Case Type: Quiet Title

Timothy Steier and Barbara J. Steier, husband and wife, and Charles Huber, Jr. and Patricia Ann Huber, husband and wife

Plaintiffs,

vs.

Philip L. Cypers, Patricia R. Cyphers, n/k/a Patricia Sohn, Frost State Bank, Duane Sprank, Erla Mae Schenk, Henry Schenk, Capital One Bank, Reynolds Livestock, LLC, Ford Motor Company, Big Gain, Inc., d/b/a Dan's Direct Livestock and Management, Delika Farms, LLP, Patton Hoversten & Berg, P.A., FFPM Carmel Holdings, LLC, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

Defendants.

COMPLAINT TO DETERMINE ADVERSE CLAIMS

1. Plaintiffs are the owners in fee title of the following described premises in Faribault County, Minnesota, to-wit:

Plaintiffs, Timothy Steier and Barbara J. Steier, are the owners of:

Commencing 40 rods West of the quarter post on the East side of Section 33, Township 102 North, Range 27, running thence South 80 rods, West 20 rods, North 80 rods, East 20 rods to the point of beginning.

AND,

A tract commencing at the quarter post on the East side of Section 33, Township 102 North, Range 27, thence South 80 rods, thence West 40 rods, thence North 80 rods, thence East 40 rods to the point of beginning, all of said land being in Faribault County, Minnesota.

EXCEPTING THEREFROM the following described tract of land, which is owned by Charles Huber, Jr, and Patricia Ann Huber, to-wit:

The part of the Northeast Quarter of Southeast Quarter of Section 33 and that part of the Northwest Quarter of the Southwest Quarter of Section 34, Township 102 North, Range 27, West, Faribault County, Minnesota, described as follows:

Commencing at the Southeast corner of said Section 33; thence on an assumed bearing of North 0 degrees 37 minutes 07 seconds West, along the east line of said section, a distance of 2403.24 feet to an iron monument, said iron monument being the point of beginning of the tract to be described; thence South 48 degrees 00 minutes West a distance of 74.87 feet to an iron monument; thence South 80 degrees 00 minutes West a distance of 129.00 feet to an iron monument; thence South 35 degrees 00 minutes West a distance of 98.00 feet to an iron monument; thence South 42 degrees 00 minutes West a distance of 147.00 feet to an iron monument; thence South 72 degrees 00 minutes West a distance of 179.00 feet to an iron monument; thence South 60 degrees 00 minutes West a distance of 65.00 feet to an iron monument; thence North 72 degrees 00 minutes West a distance of 85.00 feet to an iron monument; thence South 72 degrees 00 minutes West a distance of 98.00 feet to an iron monument; thence South 64 degrees 00 minutes West, a distance of 127.00 feet to an iron monument; thence North 86 degrees 00 minutes West a distance of 134.00 feet to an iron monument located in the west line of the East 990.00 feet to the Northeast Quarter of the Southeast Quarter of said Section 33; thence North 0 degrees 37 minutes 07 seconds West, along said west line, a distance of 648.00 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 50 minutes 06 seconds East, along said North line, a distance of 990.00 feet to the East quarter corner of said Section 33; thence south 89 degrees 48 minutes 34 seconds East, along the east-west quarter line of said Section 34, a distance of 143.01 feet to an iron monument; thence South 2 degrees 00 minutes West a distance of 155.96 feet to an iron monument; thence South 56 degrees 42 minutes 27 seconds West a distance of 161.41 feet to the point of beginning, containing 12.24 acres, subject to easements now of record in said county and state.

TOGETHER?WITH

A five foot wide Easement of Access over that part of the East Half of the Southeast Quarter of Section 33, township 102 North, Range 27 West, Faribault County, Minnesota. The east line fo said easement is described as follows;

Beginning at the Southeast corner of said Section 33; thence on an assumed bearing of North 00 degrees 37 minutes 07 seconds West, along the east line of said section, a distance of 2403.24 feet to an iron monument and said east line there terminating.

2. The Plaintiffs are in actual possession of said premises.

3. The Defendants claim or appear of record to claim some estate or interest in or lien thereon adverse to the Plaintiffs.

WHEREFORE, Plaintiffs pray for judgment determining that they are the owners of the premises as described above and that the Defendants have no estate or interest therein, or lien thereon and for cost and disbursements herein.

Dated this 20th day of February, 2013.

JOHNSON, BERENS &

WILSON

BY: James A. Wilson #117699

717 S. State St., Box 271

Fairmont, MN 56031

(507) 235-5544

January 27, Feb. 3, 10, 2014

____________________________

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: January 12, 2002

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $28,900.00

MORTGAGOR(S): Adam Gorg and Michelle Gorg, Husband and Wife

MORTGAGEE: Homeowners Loan Corp.

DATE AND PLACE OF RECORDING:

Recorded: January 24, 2002

Faribault County Recorder

Document Number: 315255

ASSIGNMENTS OF MORTGAGE: And assigned to: Bankers Trust Company as Trustee

Dated: January 12, 2002

Recorded: October 15, 2002 Faribault County Recorder

Document Number: 318910

And assigned to: Residential Funding Company, LLC

Dated: October 10, 2012

Recorded: November 14, 2013 Faribault County Recorder

Document Number: 363898

And assigned to: Glav Fund III Trust

Dated: October 10, 2012

Recorded: November 14, 2013 Faribault County Recorder

Document Number: 363899

And assigned to: National Home Investors, LLC

Dated: June 14, 2013

Recorded: November 14, 2013 Faribault County Recorder

Document Number: 363900

Transaction Agent: Not Applicable

Transaction Agent Mortgage Identification Number: Not Applicable

Lender or Broker: Homeowners Loan Corp.

Residential Mortgage Servicer: National Home Investors, LLC.

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

Property Address: 302 S Mill St, Elmore, MN 56027-3320

Tax Parcel ID Number: 252750660

LEGAL DESCRIPTION OF PROPERTY: The West 25 feet of Lot 5 and all of Lot 6 in Block 4 in Dustin's Addition to the Village of Elmore, Faribault County, Minnesota, according to the plat of said addition on file and of record in the Office of the Register of Deeds (now County Recorder) of said County

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $28,110.89

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: March 18, 2014 at 10:00 AM

PLACE OF SALE: 320 Dr. H. Russ St., 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 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.

If the 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 September 18, 2014, or the next business day if September 18, 2014 falls on a Saturday, Sunday or legal holiday.

Mortgagor(s) released from financial obligation: NONE

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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.

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: February 03, 2014

ASSIGNEE OF MORTGAGEE: National Home Investors LLC

Wilford, Geske & Cook P.A.

Attorneys for Assignee of Mortgagee

8425 Seasons Parkway,

Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 029916F01

February 3, 10, 17, 24,

March 3, 10, 2014

____________________________

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN that default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: December 13, 2002

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $37,700.00

MORTGAGOR(S): Carol A. Yonkovich, a single person

MORTGAGEE: Wells Federal Bank, FSB

DATE AND PLACE OF RECORDING:

Recorded: December 13, 2002 Faribault County Recorder

Document Number: 319755

Transaction Agent: Not Applicable

Transaction Agent Mortgage Identification Number: Not Applicable

Lender or Broker: Wells Federal Bank, FSB

Residential Mortgage Servicer: Wells Federal Bank

Mortgage Originator: Not Applicable

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

Property Address: 812 E 4th St, Blue Earth, MN 56013-2432

Tax Parcel ID Number: 212005941

LEGAL DESCRIPTION OF PROPERTY: Lot Four (4) in Block Fifty-nine (59) as designated upon the recorded Plat of Blue Earth City (now City of Blue Earth), Faribault County, Minnesota, on file in the office of the Register of Deeds (now County Recorder) of said County, excepting therefrom the South 1/3 of the West 1/2 of said Lot Four (4)

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $33,223.46

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: March 18, 2014 at 10:00 AM

PLACE OF SALE: 320 Dr. H. Russ St.

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 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.

If the 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 September 18, 2014, or the next business day if September 18, 2014 falls on a Saturday, Sunday or legal holiday.

Mortgagor(s) released from financial obligation: NONE

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

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.

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: February 03, 2014

MORTGAGEE: Wells Federal Bank, formerly known as Wells Federal Bank, FSB

Wilford, Geske & Cook P.A.

Attorneys for Mortgagee

8425 Seasons Parkway,

Suite 105

Woodbury, MN 55125-4393

(651) 209-3300

File Number: 028738F03

February 3, 10, 17, 24,

March 3, 10, 2014

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SYNOPSIS

DECEMBER 17, 2013

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

2. Approved synopsis and official proceedings of December 3, 2013.

3. Approved agenda of December 17, 2013.

4. Cindy Lyon from the Blue Earth Chamber of Commerce and Tourism Board met during public comment.

5. Approved 2014 EMPG grant application of $14,411.08 for Emergency Services from the State of Minnesota.

6. Approved purchase of a 2014 tandem truck from Westman Freightliner for $71,122.11, a box, hoist, sander, and underbody plow from Crysteel for $44,005.65, and a one-way plow, front hitch, and wing from Towmaster for $18,230.65 per the state bid contract.

7. Hired Jennifer Howard of Winnebago effective December 9, 2013, Joshua Crofton of Blue Earth effective December 10, 2013, and Drew Strom of Estherville IA effective December 27, 2013 as part-time dispatcher/jailers in the Sheriff Department.

8. Approved January 1, 2014 to December 31, 2016 contract with the International Union of Operating Engineers.

9. Approved January 2, 2012 to December 31, 2013 contract with Minnesota Public Employees Association per the arbitrator's ruling.

10. Adopted Resolution 13-CB-30 moving elected officials back to the non-union employee's pay scale. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

11. Approved 2% COLA increase to the 2014 non-union pay scale and set the 2014 county contribution toward insurance premium at $665 per month for employees (single or family) enrolled in the $1,000 deductible plan and at up to $587 per month for employees (single or family) enrolled in the $5,000 deductible plan with the County contributing $3,200 annually into the $5000 deductible plan eligible participant's HSA or VEBA account.

12. Approved Resolution 13-CB-31 modifying the Faribault County Flexible Spending Arrangement (FSA) to allow employees to carry-over up to $500 into the new year, from their previous year unused amounts beginning in the 2014 plan year.

13. Approved Sheriff's Office Civil Process Fee Schedule and the County Jail Fee Schedule as presented.

14. Approved requests from J. McDonald to attend a 4-day Mn County Engineer's annual conference in Brainerd; M. Gormley, S. Adams, C. Albers, and M. Stevermer to attend a 2-day Mn So. Central Investigators Coalition conference in Mankato; and D. Fellows to attend a 1-day IPMA-HR training in Roseville.

15. Approved payment to Prairieland of $14,760.

16. Authorized County Auditor-Treasurer to advance funds to funds with negative balances at year end as appropriate.

17. Authorized County Auditor-Treasurer to pay bills before year end and present the list of checks to the Board at the first meeting in January 2014.

18. Approved Resolution 13-CB-32 to commit fund balances per Governmental Accounting Standards Board (GASB) #54. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

19. Approved Resolution 13-CB-33 setting the 2014 county board salary, per diems, and reimbursement rates. Commissioners Groskreutz, Loveall, and Roper voted yes. Commissioners Warmka and Young voted no.

20. Approved Resolution 13-CB-34 to amend the 2013 budget. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

21. Approved an SSTS loan of $11,690.63 to Warren & Shirley Hartman of Winnebago on Parcel No. 20.007.0600.

22. Approved Resolution 13-CB-35 setting the 2014 budget and levy. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

23. Approved payment bills totaling $269,165.78.

Discussion was held concerning the following:

1. S. Adams met regarding emergency services business.

2. J. McDonald met regarding public works business.

3. D. Fellows met regarding central services business.

4. L. Warmka met regarding economic development agency business.

5. Joe Stangle of the Minnesota Department of Natural Resources met regarding a land donation from Pheasants Forever to the Save the Wetlands program.

Complete minutes are on file in the Central Services Office.

The meeting was adjourned Sine Die for 2013.

Greg Young, Chair

John Thompson, Auditor/

Treasurer/Coordinator

February 3, 2014

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SYNOPSIS

JANUARY 7, 2014

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

2. Elected Loveall chair and Groskreutz vice-chair for 2014.

3. Approve the minutes of December 17, 2013.

4. Approve the agenda of January 7, 2014.

5. Set the first and third Tuesday at 9:00 a.m. as regular board meeting dates and set the first Tuesday of each month following the regular board meeting as drainage authority meeting dates for 2014.

6. Approved Resolution 14-CB-01 setting gopher bounty for 2014 at two dollars for each pocket gopher and fifty cents for each striped and grey gopher. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

7. Authorized commissioners, other officials, and the central services director to attend association, region, and district meetings and approve in-state travel.

8. Appropriated $1,000 from general revenue to the agricultural society for 2014 per Minnesota Statute 375.79.

9. Appointed full board, engineer, assessor, and recorder as voting delegates to the Association of Minnesota Counties with the auditor/treasurer as alternate.

10. Set per diems of $30 per day for lay committee members and set mileage reimbursement at the IRS rate

11. Appointed Austin Bressler of Huntley to the Huntley Sewer Board to complete the remainder of a term ending December 31, 2014.

12. Approved requests from P. Campbell and D. Bullerman to attend a 2-day MSCIC winter law enforcement conference in Mankato.

13. Appointed entire board to various committees for 2014.

14. Recommended Commissioner Roper as representative on Prairie.

15. Tabled discussion on the fee structure for Planning and Zoning until the January 21, 2014 meeting.

16. Approved starting the process of updating the 7080/7081 rules for septic ordinance changes beginning with the planning commission.

17. Adopted Resolution 14-RB01-02 to act as sponsoring agency for a "Transportation Alternative" project at United South Central School. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

18. Adopted Resolution 14-RB02-03 to act as sponsoring agency for a Safe Routes to School project within the City of Wells. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

19. Closed meeting for discussion on negotiations of sale of land for wetland bank purposes to City of Blue Earth.

20. Approved selling 3.6 acres of wetland to the City of Blue Earth for $39,987.50 along with an agreement that Faribault County would be reimbursed for half of the easement of an unnamed road on the east side of the Law Enforcement Center and that the City of Blue Earth would pay all costs included the recording, deed, sales tax, and Board of Water and Soil Resources fees.

21. Tabled awarding of bids for the official newspaper.

22. Appointed individual commissioners to certain committees for the year 2014.

23. Closed meeting for discussion of pending litigation and labor negotiations.

24. Approved payment bills totaling $203,367.08, which includes the bills paid in the last week of December 2013.

Discussion was held concerning the following:

1. D. Fellows met regarding Central Services business.

2. M. Stindtman and B. Douglas met regarding Soil and Water/Planning and Zoning business.

3. J. McDonald met regarding Public Works business.

4. Faribault County Development Corporation Executive Director Linsey Warmka, Blue Earth City Administrator Kathy Bailey, and City Engineers Wes Brown and Bill Douglas of Bolton and Menk met regarding industrial park.

Complete minutes are on file in the Central Services Office.

The meeting was recessed to 1:00 p.m. Drainage Authority meeting.

Tom Loveall, Chairman

John Thompson, Auditor/

Treasurer/Coordinator

February 3, 2014

____________________________

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 56013 or fax to 507-526-4080. Thank you.

____________________________

Faribault County Register

Office Hours:

Monday-Thursday

8:00 a.m. - 5:00 p.m.

Friday

8:00 a.m. - 4:30 p.m.

____________________________

Faribault County Register

website

www.faribaultcountyregister.com

____________________________

 
 

 

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