Public Notices for the week of 1/25/16
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: May 15, 2014
ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $52,550.00
MORTGAGOR(S): Ana M. Diaz Rodriguez, a single person
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 July 11, 2014, Faribault County Recorder, as Document Number 365823
LEGAL DESCRIPTION OF PROPERTY:
Lot 1 and 2, Block 2 Wilson G. Ringer’s Second Addition to the Village of Kiester
PROPERTY ADDRESS: 308 N Main St, Kiester, MN 56051
PROPERTY IDENTIFICATION NUMBER: 275450210
COUNTY IN WHICH PROPERTY IS LOCATED: Faribault
THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $54,300.45
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 3, 2016, 10:00 am
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 September 3, 2016, or the next business day if September 3, 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: December 29, 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
15-102397
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
January 4, 11, 18, 25,
February 1, 8, 2016
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STATE OF MINNESOTA
COUNTY OF FARIBAULT
FIFTH JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION
Court File No. 22 PR 16 5
Estate of
John R. Gartzke,
a/k/a John Gartzke
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 16, 2016, at 10:30 o’clock a.m., a hearing will be held in this Court at 415 North Main Street, Blue Earth, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent, dated July 24, 2007, and for the appointment of Janet L. Gartzke, whose address is 515 S. Rice Street, Blue Earth, MN 56013 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.
Dated: January 8, 2016
BY THE COURT
Douglas L. Richards,
Judge of District Court
Adele Kiehm,
Deputy Court Administrator
(COURT?SEAL)
Date: January 8 , 2016
Attorney For
Bruce E. Sellers
Wendland, Sellers,
Bromeland, P.A.
825 East Second Street
P.O. Box 247
Blue Earth, MN 56013
Attorney License No:?0308936
Telephone: 507-526-2196
Fax: 507-526-3065
email:
January 18, 25, 2016
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BID SOLICITATION
Sealed bids will be received by Blue Earth Area Schools
315 East 6th Street
Blue Earth, Minnesota 56013
Independent School
District 2860
507-526-3188
For the 2016 Reroofing of approximately 16,236 square feet of roof. All interested bidders shall submit a sealed formal bid along with bid security in an envelope marked “2016 Reroofing.” Bids will be opened on February 1st at 1:30 p.m. in the District Office’s Conference Room. Recommended bidder will be awarded at the February 8th Board Meeting. For information regarding project, contact Al Gieser, Building & Grounds Supervisor for Blue Earth Area Schools.
January 18, 25, 2016
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BID SOLICITATION
Bids will be received for sale of school organ
by Blue Earth Area Schools
315 East 6th Street
Blue Earth, Minnesota 56013
Independent School
District 2860
507-526-3188
Blue Earth Area Schools are requesting bids for sale of a Baldwin Organ. Bids will be opened on February 1st at 2:00 p.m. in the District Office’s Conference Room. For information please contact Mark Frahm, Blue Earth Area Schools.
January 18, 25, 2016
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NOTICE OF MORTGAGE
FORECLOSURE SALE
NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated September 2, 2011, executed by Daniel L. Kluender and Leah M. Kluender, as husband and wife, as Mortgagors, to Farmers State Bank of Hartland, as Mortgagee, filed with the Faribault County Recorder on September 6, 2011, as Document No. 355764,
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 notice provisions and conditions precedent as required by law; and that the mortgagee or assignee has elected to declare the entire sum secured by the note and mortgage to be immediately due and payable as provided in the note and mortgage;
That the original or maximum principal amount secured by the mortgage was Three Hundred Seventy Five Thousand and no/100 DOLLARS ($375,000.00);
That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of Four Hundred Twenty-One Thousand Nine Hundred Forty-Eight and 25/100 DOLLARS ($421,948.25);
And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tract of land lying and being in the County of Faribault, State of Minnesota, described as follows, to-wit:
The West Half of the Northwest Quarter (W1/2 NW1/4) of Section 3 in Township One Hundred One (101) North, Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, excepting therefrom the following described tract:
Beginning at a point on the West line of the Northwest Quarter (NW1/4) of Section 3, which point is 568.25 feet South of the Northwest corner of said Northwest Quarter, thence East 333.8 feet; thence South 190.0 feet; thence West 334.3 feet to West line of said Northwest Quarter (NW1/4); thence North along said West line of said Northwest Quarter (NW1/4) 190 feet to beginning, containing 1.46 acres, more or less.
will be sold by the sheriff of said county at public auction on the 17th day of March, 2016, at 10:00 o’clock a.m., at the Faribault County Sheriff’s Office located at 320 Dr. H. Russ Street, in the City of Blue Earth, Minnesota, in said county and state, to pay the debt then secured by said mortgage on said premises and the costs and disbursements allowed by law, subject to redemption by the mortgagors, their personal representative or assigns within twelve (12) months from date of sale.
The real property’s street address is: 6624 State Highway 22, Walters, MN 56097.
The real property’s identification number is: 11.003.0501.
Transaction agent: N/A.
Transaction agent’s Mortgage identification number: N/A.
Mortgage originator: Farmers State Bank of Hartland,
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.
Dated this 7th day of January, 2016.
Farmers State Bank of Hartland, Mortgagee
/s/ Michael S. Dove
Michael S. Dove #214310
GISLASON & HUNTER LLP
2700 South Broadway
P. O. Box 458
New Ulm, MN 56073-0458
Phone: 507-354-3111
Fax: 507-354-8447
Attorneys for Farmers State Bank of Hartland
File #19594-011FC
January 18, 25,
February 1, 8, 15, 22, 2016
____________________________
STATE OF MINNESOTA
COUNTY OF FARIBAULT
DISTRICT COURT
FIFTH JUDICIAL DISTRICT
PROBATE COURT DIVISION
Court File No. 22 PR 16 23
In Re: Estate of
Elizabeth A. Wohlenhaus
Johanson,
Deceased
ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF
PERSONAL REPRESENTATIVE IN UNSUPERVISED ADMINISTRATION AND
NOTICE TO CREDITORS
TO ALL INTERESTED PERSONS AND CREDITORS:
It is Ordered and Notice is hereby given that on February 16, 2016, at 10:30 o’ clock A.M. a hearing will be held in the above named Court at Blue Earth, Minnesota, for formal probate of an instrument purporting to be the will of the above named decedent, dated September 4, 2013, and for the appointment of Douglas L. Johanson, whose address is 22775 228th Street, Winnebago, Minnesota 56098, as personal representative of the estate of the above named decedent in unsupervised administration, and that any objections thereto must be filed with the Court. That, if proper, and no objections are filed, a personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate.
Notice is further given that ALL CREDITORS having claims against said estate are required to present the same to said personal representative or to the Court Administrator within four months after the date of this notice or said claims will be barred.
Dated: January 11, 2016
Douglas L. Richards, Judge
Adele Kiehm,
Deputy Court Administrator
(COURT SEAL)
Attorney:
Douglas L. Johanson
Johanson Law Firm
9 North Main – PO Box 66
Winnebago, Minnesota 56098
Telephone No.: 507-893-4866
License No.: 50453
January 18, 25, 2016
____________________________
FARIBAULT COUNTY
BOARD OF
COMMISSIONERS
DECEMBER 15, 2015
All members were present. The pledge of allegiance was recited.
Approved minutes of December 1, 2015 regular meeting and October 6, November 3, and December 1, 2015 drainage authority meetings.
Approved agenda of December 15, 2015.
Approved 2016-2017 Minnesota Pollution Control Agency County Feedlot Work Plan.
Approved County Auditor managing the assessor office for personnel matters and office operations until the appointment of a County Assessor.
Approved proceeding with the second phase of construction to repair the roof on the former jail building.
Hired Dennis Wick as Maintenance Man I in the Winnebago garage effective December 21, 2015.
Years of Service recognition were presented: Sue Cory for 40 years of service; Jim Franzen for 20 years of service; Mark Teems, Kent Boettcher, Dan Killion, and Tom Fletcher for 15 years of service; and Jim Ratelle and Kristi Lunz for 10 years of service.
Recognized the dedicated staff of the Faribault County Prairie Express: Drivers Jane Brooks-3 years, Ron Fox-3 years, TJ Johnson 6.5 years, Karl Kampf 8.5 years, Darrel Peterson 7.5 years, Dean Vereide 4.5 years, and Gene Zabel 4.5 years; Transit Program Coordinator Bonita Zimmer 41 years with the county, 16 years in Transit. Retired drivers include Frankie Bly, Dick Holmseth, Burdette Tiegland, John Sapa, and Don Amundson.
Approved for non-union employees effective January 1, 2016 a 3.0% wage increase, health insurance premiums set at $665 per month for employees (single or family) enrolled in the $1,000 deductible plant and at $549.50 per month for employees (single or family) enrolled in the $5,000 deductible plant, and $3,300 annually contribution to the HSA or VEBA plans.
Approved Resolution 15-CB-50 to commit fund balances to Human Services, Public Works, Ditch and Debt Service funds in compliance with GASB #54. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Approved Auditor to advance funds from the General Fund into ditch funds with negative balances as deemed appropriate.
Approved requests from D. Killion to attend a 1-day AHA CPR Instructor recertification at Mankato, M. Stevermer to attend a 2-day winter conference in Mankato, M. Daly to attend a 1-day construction site management refresher training in Farmington and a 4-day Mn County Engineer’s annual conference in Brainerd.
Appointed the following citizen committee members: James Meyer of Kiester to the Board of Adjustments for a three-year term ending December 31, 2018; John Herman of Wells to the Economic Development Authority for a five-year term ending December 31, 2020; Ken Ripley of Blue Earth to the Extension Committee for a three-year term ending December 31, 2018; Craig Beyer of Bricelyn to the Extension Committee for a three-year term ending December 31, 2018; James Berg of Winnebago to the Housing Redevelopment Authority for a five-year term ending December 31, 2020; Andrew Moen of Blue Earth to the Library Board for a three-year term ending December 31, 2018; Susan Dundas of Wells to the Library Board for a three-year term ending December 31, 2018; James Meyer of Kiester to the Planning Commission for a three-year term ending December 31, 2018; and Pete Hassing of Wells to the Planning Commission for a three-year term ending December 31, 2018.
Adopted Resolution 15-RB22-51 requesting an advance from the County State Aid Construction Fund in 2016. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Adopted Resolution 15-PZ08-52 an amended conditional use permit for Kenneth Schroeder in Section 28-103-24 of Clark Township for a used vehicle dealership. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Approved replacement of a wrecked squad car with a 2016 Ford Explorer Police Interceptor from Fairmont Ford for $27,476.74. One other bid received was the state bid from Nelson Auto of Fergus Falls.
Adopted Resolution 15-CB-48 transferring assets and buses into the Joint Powers Board of Public Transit Services. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Adopted Resolution 15-CB-53 setting the 2016 county commissioner salary, per diem, and expenses. Commissioners Groskreutz, Loveall, Roper, and Young voted yes. Commissioner Warmka voted no.
Approved reimbursing City of Wells $18,750 for the demolition of the former Frank Brothers Elevator. Commissioners Groskreutz, Loveall, and Roper voted yes. Commissioners Young and Warmka voted no.
Authorized Auditor to pay bills on December 28, 2015.
Approved Resolution 15-CB-54 setting the 2016 budget at $24,302,295 in revenues, $25,785,681 in expenditures, $310,935 in transfers, and $2,000,000 in bond proceeds and the 2016 levy at $10,478,714. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Adopted Resolution 15-CB-55 amending the 2015 general fund budget. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.
Approved payment bills totaling $520,299.92.
Discussion was held concerning the following:
S. Johnson met regarding feedlot work plan.
D. Fellows met regarding central services business.
M. Daly met regarding public works business.
M. Stindtman and Kenneth Schroeder met regarding a conditional use permit in Section 28 of Clark Township.
S. Adams met regarding Sheriff business.
J. Monahan and D. Fellows met regarding transit business.
D. Esser met regarding property tax hearing.
Complete minutes are on file in the Central Services Office.
William Groskreutz Jr., Chair John Thompson, Auditor/Treasurer/
Coordinator
January 25, 2016
____________________________
NOTICE OF HEARING
FOR
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN that the Faribault County Board of Adjustment will meet on Tuesday, February 9, 2015 at 6:30 PM in the Conference Room of the Faribault County Ag. Center, Blue Earth, MN.
The meeting agenda will include a Public Hearing on the application of David Greer for a Variance Request.
Applicant requests a variance to the required Centerline to Road Setback to build a garage addition to an existing house located in the A-2 General Agricultural District.
Site is located at the following described property:
the Northeast Quarter of the Northwest Quarter, Section 26, Township 102 North of Range 28 West, JoDaviess Township, Faribault County, State of Minnesota.
All persons interested are invited to attend said hearing and be heard on this matter.
Michele Stindtman
Faribault County
Planning & Zoning
January 25, 2016
____________________________
LEGAL SERVICES
The City of Winnebago is seeking a person/firm experienced in municipal law to serve as city attorney. A full copy of the RFP can be obtained by contacting City Administrator Chris Ziegler at cziegler@cityofwinnebago.com. RFP responses must provide complete information as described in the request and shall be submitted by 4 p.m. on February 19, 2016 to Chris Ziegler, City Administrator, 140 Main St S, PO Box 35, Winnebago, MN 56098. It is the intent of the City Council to appoint a person/firm to the position of City Attorney.
January 25, February 1, 2016
____________________________
ORDINANCE NO. 16-01
CITY OF BLUE EARTH
AN ORDINANCE TO CONVEY REAL PROPERTY TO
FULFILL EXECUTED
OPTION TO PURCHASE REAL PROPERTY
The City Council of the City of Blue Earth do ordain as follows:
SECTION I
That the City of Blue Earth is the fee owner of certain real property located in the City of Blue Earth and legally described as follows:
A tract of land in the Southwest Quarter of Section 7 in Township 102 North, Range 27 West in the City of Blue Earth, Faribault County, Minnesota described as follows:
Commencing at the Southeast corner of the Southwest Quarter of said Section 7; thence south 89 degrees 04 minutes 19 seconds West along the South line of the Southwest Quarter a distance of 292.75 feet to the east line of Commerce Drive (formerly Industrial Site Roadway); thence North 0 degrees 41 minutes 01 seconds West along the east line of Commerce Drive a distance of 739.91 feet to the north line of Industrial Drive (formerly Industrial Site Roadway); thence south 89 degrees 04 minutes 19 seconds West along the North line of Industrial Drive a distance of 508.85 feet to the southwest corner of a tract of land deeded to Papa D’s Pizza, Inc. and recorded and described in the office of the Faribault County Recorder as Document No. 263841; thence continuing South 89 degrees 04 minutes 19 seconds West along the North line of Industrial Drive a distance of 357.75 feet to the point of beginning; thence North 0 degrees 41 minutes 0l seconds West a distance of 591.59 feet to the southerly railroad right-of-way line of the Union Pacific Railroad Company (formerly Chicago and Northwestern Transportation Company);
thence North 65 degrees 51 minutes 00 seconds West along said southerly railroad right-of-way line a distance of 12.11 feet to a tangential circular curve concave southerly and having a radius of 2815.32 feet; thence northwesterly along said southerly railroad right-of-way line and circular curve through a central angle of 9 degrees 54 minutes 13 seconds an arc length of 486.63 feet to the northerly extension of the west line of a tract of land deeded to Mary K. and Robert C. Bell and recorded and described in the office of the Faribault County Recorder in Document No. 267065; thence South 0 degrees 00 minutes 00 seconds West along said northerly extension a distance of 546.25 feet to the northwest corner of said Bell tract; thence North 89 degrees 04 minutes 19 seconds East along the north line of said Bell tract a distance of 200.00 feet to the northeast corner thereof; thence South 0 degrees 00 minutes 00 seconds West along the east line of said Bell tract a distance of 217.80 feet to the Southeast corner thereof; thence North 89 degrees 04 minutes 19 seconds East along the north line of Industrial Drive a distance of 277.17 feet to the point of beginning.
SECTION II
That the City of Blue Earth and Kerry, Inc. executed a commercial lease with option to purchase said real property described in Section I above. Kerry, Inc. has executed said option and now desires to purchase said real estate described in Section I above for $50,000.00.
SECTION III
The City Council of the City of Blue Earth desires to sell the real property described in Section I above to Kerry, Inc., a Delaware Corporation, for $50,000.00 and hereby authorizes the Mayor and City Administrator to sign on behalf of the City of Blue Earth a Limited Warranty Deed to convey the City’s interest in said real property described in Section I above to Kerry, Inc. a Delaware Corporation, in exchange for said $50,000.00.
SECTION IV
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 19th DAY OF January, 2016.
BY: Richard Scholtes, Mayor
ATTEST: Timothy Ibisch,
City Administrator
Seal
January 25, 2016
____________________________
ORDINANCE NO. 16-02
CITY OF BLUE EARTH
AN ORDINANCE FOR THE CONVEYANCE OF
REAL PROPERTY
OWNED BY THE
CITY OF BLUE EARTH
The City Council of the City of Blue Earth do ordain as follows:
SECTION I
That the City of Blue Earth is the fee owner of certain real property located in the City of Blue Earth and legally described as follows:
The East 3/4 of Lot One (1) in Block Seven (7) in Garretson’s Addition to Blue Earth City (now City of Blue Earth), Faribault County, Minnesota, according to the Plat of said Addition on file and of record in the Office of the County Recorder of said County.
SECTION II
Andy Kim Huynh and Carolyn Ngoc Huynh are desirous of purchasing property in Section I above and the City of Blue Earth is desirous of transferring such property for a price of $7,500.00 and other valuable consideration.
SECTION III
Pursuant to the provisions of Minnesota Statutes 412.211, the City of Blue Earth is hereby authorized to sell and the Mayor and City Administrator are hereby authorized to convey the property described in Section I of this ordinance to the purchaser upon payment of the purchase price.
SECTION IV
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 19th DAY OF January, 2016.
BY: Richard Scholtes, Mayor
ATTEST: Timothy Ibisch,
City Administrator
Seal
January 25, 2016
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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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