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Public Notices for the week of 11/23/15

By Staff | Nov 22, 2015

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: February 27, 2009

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $140,400.00

MORTGAGOR(S): Aaron J. Laehn, and Lissia Laehn, Husband and Wife

MORTGAGEE: Wells Fargo Bank, N.A.

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Wells Fargo Bank, N.A.

SERVICER: Wells Fargo Bank, N.A.

DATE AND PLACE OF FILING: Filed March 3, 2009, Faribault County Recorder, as Document Number 347158

LEGAL DESCRIPTION OF PROPERTY: A tract of land in the Southeast Quarter of the Northwest Quarter of Section 9, Township 102 North, Range 27 West, Faribault County, Minnesota, described as follows:

Commencing at the West Quarter corner of said Section 9; thence South 89 degrees 42 minutes 45 seconds East, (assumed bearing) along the South line of the Northwest Quarter of said Section 9, a distance of 2174.75 feet to the point of beginning; thence North 00 degrees 17 minutes 15 seconds East, a distance of 592.00 feet; thence South 89 degrees 42 minutes 45 seconds East, a distance of 428.71 feet to the East line of said Northwest Quarter; thence South 00 degrees 07 minutes 59 seconds East, along said East line, a distance of 592.02 feet to the Southeast corner of said Northwest Quarter; thence North 89 degrees 42 minutes 45 seconds West, along the South line of said Northwest Quarter, a distance of 433.05 feet to the point of beginning.

Said tract contains 5.86 acres of land.

PROPERTY ADDRESS: 39481 115th Street, Blue Earth, MN 56013

PROPERTY IDENTIFICATION NUMBER: 020091302

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $154,830.39

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: December 10, 2015, 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 June 10, 2016, or the next business day if June 10, 2016 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 5 UNITS, ARE NOT PROPERTY USED FOR AGRICULTURAL PRODUCTION, AND ARE ABANDONED.”

Dated: October 12, 2015

Wells Fargo Bank, N.A.

Mortgagee

SHAPIRO & ZIELKE, LLP

Lawrence P. Zielke – 152559

Diane F. Mach – 273788

Melissa L. B. Porter – 0337778

Randolph W. Dawdy – 2160X

Gary J. Evers – 0134764

Tracy J. Halliday – 034610X

Attorneys for Mortgagee

12550 West Frontage Road,

Ste. 200

Burnsville, MN 55337

(952) 831-4060

15-099101

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

October 19, 26,

November 2, 9, 16, 23, 2015

____________________________

NOTICE OF DECLARATORY CANCELLATION OF

RESIDENTIAL PROPERTY PURCHASE AGREEMENT

Minn. Stat. 559.217, subd. 4 (without right to cure)

YOU ARE NOTIFIED:

1. Either a default has occurred or an unfulfilled condition exists in the Purchase Agreement dated August 9, 2015 in which Dean Oswald and Theodora Oswald, (“Seller”), agreed to sell to Dustin Metcalfe, (“Purchaser”), real property in Faribault County, Minnesota, legally described as follows:

A tract commencing 947 feet East of the Southwest corner of the South Half of the Southwest Quarter (S SW ) of Section Thirty-five (35) in Township One Hundred Two (102) North of Range Twenty-six (26) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, running thence East 75 feet, North 167 feet, West 75 feet, South 167 feet to point of beginning.

Identified in the Purchase Agreement as: 335 4th Street, Frost, MN 56033

2. Seller, is serving this Notice of Declaratory Cancellation (“Notice”) on the other party, and on Olson Nelson Realty who is holding the earnest money paid pursuant to the Purchase Agreement.

3. The name, address, and telephone number of the party serving this Notice or of an attorney authorized by that party to serve this Notice is:

Name: Ryan A. Gustafson,

Attorney for party serving

Address: 117 West 5th Street,

P.O. Box 95

Blue Earth, MN 56013

Telephone Number: 507-526-

2177

4. The default or unfulfilled condition which cancelled the Purchase Agreement is as follows: Purchaser did not close on or before September 4, 2015. Purchaser failed to have a Buyers Inspection of the property within 7 days of August 10, 2015. Purchaser failed to provide Proof of Funds within 5 days of August 10, 2015, nor did Purchaser provide a valid Proof of Funds on or before September 18, 2015 under the terms of the Purchase Agreement dated September 18, 2015.

THIS NOTICE IS PURSUANT TO MINNESOTA STATUTES, SECTION 559.217, TO INFORM YOU THAT YOUR PURCHASE AGREEMENT FOR THE PURCHASE OF THE ABOVE PROPERTY HAS BEEN CANCELED FOR THE REASONS SPECIFIED IN THIS NOTICE. THE CANCELLATION WILL BE CONFIRMED 90 DAYS AFTER THE FIRST DAY OF PUBLICATION OF THIS NOTICE. UNLESS BEFORE THEN YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE CONFIRMATION OF CANCELLATION OF THE PURCHASE AGREEMENT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.

IF YOU DO NOT OBTAIN SUCH A COURT ORDER WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, THE CONFIRMATION OF CANCELLATION OF YOUR PURCHASE AGREEMENT WILL BE FINAL AT THE END OF THE PERIOD AND YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE.

HOWEVER, IF WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE YOU SERVE YOUR OWN NOTICE UNDER MINNESOTA STATUTES, SECTION 559.217, YOUR PURCHASE AGREEMENT WILL BE IMMEDIATELY CANCELED, BUT YOUR ENTITLEMENT TO EARNEST MONEY MUST BE DETERMINED BY A COURT OR DETERMINED BY ARBITRATION IF AGREED TO BY THE PARTIES.

IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE CONTACT AN ATTORNEY IMMEDIATELY.

THIS INSTRUMENT WAS DRAFTED BY:

Ryan A. Gustafson

Frundt & Johnson, Ltd.

117 West 5th Street

P.O. Box 95

Blue Earth, MN 56013

(507) 526-2177

November 16, 23, 30, 2015

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No. 22 PR 15 690

Estate of

Doris May Young

a/k/a Doris Young

Decedent

NOTICE AND?ORDER OF HEARING ON PETITION FOR FORMAL ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRS AND

APPOINTMENT OF

PERSONAL

REPRESENTATIVE AND

NOTICE TO CREDITORS

It is Ordered and Notice is hereby given that on the December 22, 2015, at 10:30 a.m. a hearing will be held in this Court at Blue Earth, Minnesota, for the adjudication of intestacy and determination of heirship of the Decedent 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.

Dated: November 12, 2015BY THE COURT

Douglas L. Richards,

Judge of District Court

Adele Kiehm,

Deputy Court Administrator

(COURT?SEAL)

Dated: November 12, 2015

Attorney For Petitioner

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

November 23, 30, 2015

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

DISTRICT COURT

FIFTH JUDICIAL DISTRICT

CASE TYPE: OTHER

CIVIL

SUMMONS BY PUBLICATION

Case No: 22-CV-15-689

DEUTSCHE BANK NATIONAL TRUST COMPANY,

AS TRUSTEE FOR HSI ASSET SECURITIZATION CORPORATION TRUST, 2007-WF1, MORTGAGE PASS-

THROUGH CERTIFICATES, SERIES 2007-WF1,

Plaintiff,

vs.

CHAD KELLY,

TAMMY J. KELLY,

SMITH SERVICES, INC.

JOHN DOE and MARY ROE,

Defendants.

THIS SUMMONS IS DIRECTED TO CHAD KELLY.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the court administrator of the above-named court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.

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:

Schiller & Adam, P.A.,

The Academy Professional Building, 25 North Dale Street,

St. Paul, MN 55102

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.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Faribault County, State of Minnesota, legally described as follows:

Lots One (1) and Two (2) in Block Eighty-five (85) and designated upon the Plat of Blue Earth City (now City of Blue Earth), Faribault County, Minnesota, EXCEPTING therefrom the South 49 feet of said Lots One (1) and Two (2).

You are hereby notified that this action is brought for the purpose of foreclosing that certain mortgage dated February 22, 2007 and filed of record with the Faribault County Recorder on May 7, 2007 as Document No. 340202; as assigned to Plaintiff of record.

November 13, 2015SCHILLER & ADAM, P.A.

By: /s/ Sarah JB Adam

Sarah J.B. Adam (#332021)

Attorney for Plaintiff

The Academy Professional Building

25 North Dale Street

St. Paul, MN 55102

Telephone: 651-209-9770

sarah@schillerandadam.com

(15-0986-LIT02)

Nov. 23, 30, Dec. 7, 2015

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SYNOPSIS

NOVEMBER 3, 2015

All members present. The pledge of allegiance was recited.

Approved the synopsis and minutes of October 20, 2015 regular meeting.

Approved agenda of November 3, 2015.

Changed start time of the December 15, 2015 meeting to 3:00 p.m. for a Proposed Property Tax hearing.

Approved request of M. Daly, M. Durkee, J. Franzen, and D. Babcock to attend 2016 Bridge Safety Inspection refresher training seminar in Mankato; C. Albers, D. Bullerman, and P. Campbell to attend a 2-day Mn South Central Investigator’s Coalition conference in Mankato.

Approved request from Mark Iverson for an SSTS loan in the amount of $9,124 for Parcel No. 03.016.0500.

Accepted agreement between the transit system and Faribault County as presented and will keep on file with the county.

Approved Resolution 15-RB20-44 to act as legal sponsor for Grant-Aid-Permit from the State of Minnesota Department of Natural Resources for maintenance and grooming of the snowmobile trail managed by Snowbirds of Amboy in Faribault County. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

Approved removing landline phones from the highway shops in Wells, Bricelyn, and Winnebago.

Approved bid for the County Attorney office remodel project from Ankeny Builders of Blue Earth for $119,300. Other bids received were from Met-Con Construction, Inc. of Faribault for $136,900, APX Construction Group of Mankato for $138,160, Mohs Contracting Inc. of Owatonna for $145,800, United Builders of Blue Earth Inc. of Blue Earth for $149,500, JD Driver LTD of Rose Creek for $159,000, and from Larson Contracting Central LLC from Lake Mills IA for $161,800.

Approved bid for the Ag Center remodel project from Met-Con Construction, Inc. of Faribault in the amount of $195,850. Other bids received were from United Builders of Blue Earth Inc of Blue Earth for $211,425.00, Mohs Contracting Inc. of Owatonna for $212,000.00, Ankeny Builders of Blue Earth for $222,000.00, JD Driver LTD of Rose Creek for $244,000.00, APX Construction Group of Mankato for $249,053.00, and Larson Contracting Central LLC from Lake Mills IA for $255,300.00.

Approved an in-house posting for the open position in the Auditor/Treasurer office. Elizabeth Boettcher is retiring after 31 years of services.

Closed the meeting to discuss tax court litigation. Present were the full board, Auditor/Treasurer John Thompson, County Attorney Troy Timmerman, and County Assessor Lynn Krachmer.

Approved payment bills totaling $193,008.67.

Discussion was held concerning the following:

L. Bosma met regarding SSTS business.

J. Monahan met regarding Faribault/Martin County transit business.

M. Daly met regarding public works business.

D. Fellows met regarding central services business.

Complete minutes are on file in the Central Services Office.

William Groskreutz Jr.,

Chair

John Thompson, Auditor/Treasurer/

Coordinator

November 23, 2015

____________________________

CITY OF BLUE EARTH

PUBLIC NOTICE

The Blue Earth Planning Commission has scheduled a hearing at 5:00 p.m. on Thursday, December 3, 2015 in the Council Chambers of City Hall to consider the following request of Krause Custom Construction, LLC, 638 South Nicollet Street, Blue Earth MN:

The applicant requests a variance to allow a garage in a residential district:

Request a 4″ variance from a 5′ side yard set back

The Blue Earth City Council will then consider the Commission’s recommendation at the Council meeting at 5:00 p.m. on December 7, 2015 for potential final approval.

The property is legally described as; Lot Nine (9) in Block Two (2) of Trasmer’s Addition upon the recorded Plat of Blue Earth City (now the City of Blue Earth), Faribault County, Minnesota as designated upon the Plat of said Subdivision on file and of record of the Office of the Faribault County Recorder

All interested persons are welcome to attend.

By Order of the Blue Earth Planning Commission

Timothy Ibisch

Zoning Administrator

November 23, 2015

____________________________

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 and have a great week from the staff of the Faribault County Register.

Office Hours:

Monday-Thursday

8:00 a.m. – 5:00 p.m.

Friday 8:00 a.m. – 4:30 p.m.

____________________________