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BREAKING NEWS

Public Notices for 6/6/16

By Staff | Jun 5, 2016

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 conditions of the following described mortgage:

DATE OF MORTGAGE: March 2, 2006

MORTGAGOR: James H. Tonn and Pamala K. Tonn, as joint tenants.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc..

DATE AND PLACE OF RECORDING: Recorded March 20, 2006 Faribault County Recorder, Document No. 335528.

ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2006-AC4. Dated April 25, 2012 Recorded May 11, 2012, as Document No. 358248.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100173250010040897

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Stonecreek Funding Corp.

RESIDENTIAL MORTGAGE SERVICER: Select Portfolio Servicing, Inc.

MORTGAGED PROPERTY ADDRESS: 124 2nd Avenue Northeast, Winnebago, MN 56098

TAX PARCEL I.D. #: 31.282.1250

LEGAL DESCRIPTION OF PROPERTY: Lot Five (5) in Block Seven (7) in Easton’s Addition to Winnebago City (now Winnebago), Faribault County, Minnesota.

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$56,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE:$83,821.76

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/ Assignee of Mortgagee complied with all notice requirements as required by statute; 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 24, 2016 at 10:00 AM

PLACE OF SALE: Sheriff’s Office, Faribault County Jail, 320 Dr. H. Russ Street, 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 six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. 580.07.

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 27, 2016, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

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: April 19, 2016

U.S. Bank National

Association, as Trustee

Mortgagee/Assignee of

Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/

Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

38 – 16-003032 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

May 2, 9, 16, 23, 30,

June 6, 2016

____________________________

FARIBAULT COUNTY, MN

COUNTY PROJECT

CLOSING DATE:

Monday, June 20, 2016

ADVERTISEMENT FOR BIDS

NOTICE is hereby given that SEALED BIDS will be received until 10:00 AM on Monday, June 20, 2016, 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 without being read or considered.

STATE AID PROJECT NO. SAP 022-618-004

LOCATION: Delavan Twp

TYPE OF WORK: New Construction

LENGTH: 1.50 Miles

The major items of work are approximately: COMMON EXCAVATION(P), C Y 53952; AGGREGATE BASE CLASS 5Q, TON 11300; 4″ PERF PE PIPE DRAIN, L F 15680;

Proposals, and Plans may be obtained online or at the Faribault County Public Works, 727 East 5th Street, Blue Earth, MN 56013. Phone (507) 526-4288.

Online: egram.co.faribault.mn.us

Hard Copy Charge: $50.00 Counter and $65.00 Delivered

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 County reserves the right to reject any or all bids and to waive any irregularities thereof.

Mark A. Daly

Faribault County

Director/County Engineer

May 23, 30, June 6, 2016

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

DISTRICT COURT

FIFTH JUDICIAL DISTRICT

(OTHER: CASE TYPE)

Court File No: 22-CV-16-289

SUMMONS

Daniel C. Wagner and Sheryl L. Wagner, husband and wife,

Plaintiffs,

vs.

Mathys Smolka, a/k/a M. Smolka; The State of Minnesota; and John Doe and Jane Roe and all other individuals similarly situation with an interest in the subject property

Defendants.

THIS SUMMONS IS DIRECTED TO; Defendants Mathys Smolka, a/k/a M. Smolka; The State of Minnesota; and John Doe and Jane Roe and all other individuals similarly situation with an interest in the subject property.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you on file in the Faribault County District Court, and is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit 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:

HOVERSTEN, JOHNSON, BECKMAN &?HOVEY, LLP

Attorneys at Law

807 West Oakland Avenue

Austin, MN 55912

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:

Lot Twelve (12) in Block Eleven (11) in Leland and Andrews Addition to the Village of Wells, Faribault County, Minnesota, according to the Plat of said Addition on file in the Office of the Register of Deeds of said County.

The object of this action is a claim for adverse possession.

Dated: May 12, 2016/s/ Steven J. Hovey

Steven J. Hovey (#191218)

Attorney for Plaintiff

HOVERSTEN, JOHNSON, BECKMANN & HOVEY, LLP

807 West Oakland Avenue

Austin, Minnesota 55912

Phone: (507) 433-3483

Fax: (507) 433-7889

Email: shovey@hoverstenlaw.com

16.1054

May 30, June 6, 13, 2016

____________________________

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 15, 2003

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $114,000.00

MORTGAGOR(S): Joseph W. Robb and Pamela A. Robb, husband and wife

MORTGAGEE: Assurance Partners Bank

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Assurance Partners Bank

SERVICER: CitiMortgage, Inc.

DATE AND PLACE OF FILING: Filed December 18, 2003, Faribault County Recorder, as Document Number 325516

ASSIGNMENTS OF MORTGAGE: Assigned to: Principal Residential Mortgage, Inc

LEGAL DESCRIPTION OF PROPERTY: A tract of land in the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section Twenty-three (23) in Township One Hundred Three (103) North, Range Twenty-eight (28) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota described as follows: Commencing at a point on the North line of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of said Section Twenty-three (23) 919.43 feet East of the center of said Section Twenty-three (23), said point being the Northeast corner of the land conveyed by Warranty Deed Doc. No. 232812, running thence South 5 degrees 25 minutes 08 seconds East a distance of 376.68 feet to an iron pipe survey marker, thence South 73 degrees 39 minutes East a distance of 259.27 feet, thence continuing South 73 degrees 39 minutes East a distance of 129.52 feet more or less to the intersection of the centerline of the Blue Earth River with the East line of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of said Section Twenty-three (23), thence North 1 degree 02 minutes 28 seconds West along the East line of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section Twenty-three (23) a distance of 484.09 feet to the Northeast corner of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of said Section Twenty-three (23), thence North 89 degrees 56 minutes 17 seconds West along the North line of the Southeast Quarter (SE 1/4) of said Section Twenty-three (23) a distance of 399.84 feet to the point of beginning.

AND

A tract of land in the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section Twenty-three (23) in Township One Hundred Three (103) North of the Range Twenty-eight (28) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota described as follows: Commencing at the center of Section Twenty-three (23) in Township One Hundred Three (103) North of Range Twenty-eight (28) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota ; thence South 1 degree 06 minutes 32 seconds East (assumed bearing) along the West line of the Southeast Quarter (SE 1/4) of said Section Twenty-three (23) a distance of 1459.68 feet to an iron pipe survey marker and point of beginning of the herein described tract; thence North 73 degrees 21 minutes 08 seconds East a distance of 35.00 feet to an iron pipe survey marker; thence North 56 degrees 24 minutes 11 seconds East a distance of 295.00 feet to an iron pipe survey marker; thence South 89 degrees 53 minutes 33 seconds East a distance of 298.36 feet to an iron pipe survey marker; thence North 73 degrees 21 minutes 08 seconds East a distance of 110.00 feet to an iron pipe survey marker; thence North 40 degrees 00 minutes 04 seconds East a distance of 318.66 feet to an iron pipe survey marker; thence North 5 degrees 25 minutes 08 seconds West a distance of 1014.74 feet to an iron pipe survey marker on the North line of the Southeast Quarter (SE 1/4) of Section Twenty-three (23); thence South 89 degrees 56 minutes 17 seconds East along the North line of the Southeast Quarter (SE 1/4) a distance of 99.20 feet; thence South 5 degrees 25 minutes 08 seconds East a distance of 376.68 feet to an iron pipe survey marker; thence South 73 degrees 39 minutes 00 seconds East a distance of 259.27 feet; thence continuing South 73 degrees 39 minutes 00 seconds East a distance of 129.52 feet more or less to the intersection of the centerline of the Blue Earth River with the East line of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of Section Twenty-three (23); thence Southwesterly along the centerline of the Blue Earth River a distance of 1770 feet more or less to the West line of the Southeast Quarter (SE 1/4) of Section Twenty-three (23); thence North 1 degree 06 minutes 32 seconds West along said West line of the Southeast Quarter (SE 1/4) a distance of 78 feet more or less to the point of beginning.

PROPERTY ADDRESS: 35713 156th St, Winnebago, MN 56098

PROPERTY IDENTIFICATION NUMBER: 180230601 and 180230600

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $104,564.49

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: November 9, 2016, 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 May 9, 2017, or the next business day if May 9, 2017 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: June 1, 2016

CitiMortgage, Inc. Successor by merger to Principal

Residential Mortgage, Inc

Assignee of 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, Suite 200

Burnsville, MN 55337

(952) 831-4060

16-103377

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

June 6, 13, 20, 27,

July 4, 11, 2016

____________________________

BLUE EARTH AREA SCHOOL BOARD PROCEEDINGS

I.S.D. #2860

May 9, 2016

The regular meeting of the Board of Education of the Blue Earth Area, I.S.D. #2860 was held on Monday, May 9th, in Blue Earth, MN.

Present were School Board members: F. Bly, D. Fellows, M. Maher, S. Ripley, S. Hauskins, A. Patten and J. Haugh. Also Attending were Supt. Gough, principals, members of the press, staff and public.

The meeting was called to order at 6:30 p.m. by Chairperson Bly. The Pledge of Allegiance was recited.

On a Haugh/Fellows motion, the Board approved the agenda.

Public Input: None

On a Maher/Hauskins motion, the Board unanimously approved the minutes from the April meeting.

Five money transfers were approved in the amount of $1,105,366.83 on a Ripley/Patten motion.

Action Items

On a Patten/Haugh motion the Board approved the Food Service Management Contract with Taher, Inc.

The bid from Bevcomm for the K7 Phone System was approved on a Haugh/Maher motion.

The Board approved the Contract for the Provision of Services by Blue Earth Area Schools and Maple River Schools on a Ripley/Patten motion.

A Resolution for MSHSL Membership for 2016-2017 was approved on a Hauskins/Maher motion. Voting in favor were Haugh, Maher, Fellows, Bly, Ripley, Patten and Hauskins.

On a Fellows/Patten motion the Board approved the purchase of gymnastics equipment from North Shore Gym Sales, LLC.

Personnel:

On a Fellows/Haugh motion the Board approved the following hire:

Ryan Northwick Head Custodian K7 Site

The following were approved on a Maher/Ripley motion with special thanks to Kay Bogan for 30+ years of service.

Lane Change:

Kristine Flohrs BA+10 to BA+20

Braeden Hogie BA+10 to BA+20

Leave of Absence:

Jayne Kalis Sept.6 to approx. Nov.7, 2016

Resignation:

Darrel Peterson ?Bus Driver

Janelle Swanson ?Paraprofessional

Jason Spencer ?K7 Custodian

Heidi Phillips ?K7 Head Cook

Retirement:

Kay Bogan ?ECFE & Discovery Place Teacher

On a Haugh/Hauskins motion the following contract was approved:

Leonor May Ehuan ?HS Spanish MA +10

On a Maher/Hauskins motion the Board was adjourned at 8:01pm.

This is a summary, for complete minutes of the school board meeting please visit the school website at www.blueearth.k12.mn.us/.

Respectfully Submitted,

Sheila Ripley – Clerk

June 6, 2016

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

IN DISTRICT COURT

FIFTH JUDICIAL DISTRICT

Court File No: 22-CV-16-306

SUMMONS

Dick Meyer and Mary Meyer,

Plaintiffs,

vs.

Alvina D. Kalis, and also the unknown heirs of the named Defendant, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein

Defendants.

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 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:

117 West Fifth Street

P.O.Box 95

Blue Earth, MN 56013

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:

The North 77 feet of the following described tracts:

“A” Lot One (1) Block two (2) in Daniel Straw’s Add to Village of Wells, Faribault County, Minnesota, according to the Plat of said Addition on file in the office of the Register of Deeds of said County, Excepting therefrom the South 150 feet thereof and excepting therefrom the West 100 feet thereof.

“B” Also all that part of 4th Avenue SE formerly James Street vacated. Adjoining above described tract in Lot One (1) on the East.

“C” Also to Block Three (3) in Daniel Straw’s Addition to Village of Wells, Faribault County, Minnesota according to the Plat of said Addition on file in the office of the Registrar of Deeds of said County, Excepting therefrom all that part of said Block in included in 4th Avenue SW.

The above described land is located upon the South East Quarter of the North East Quarter of Section Eight (8) in Township One Hundred Three (103) North of Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault, State of Minnesota.

The object of this action in Quiet Title Action

Dated: May 23, 2016FRUNDT & JOHNSON, LTD.

/s/ Daniel L. Lundquist

Attorney for Plaintiff

117 West Fifth Street

P.O. Box 95

Blue Earth, MN 56013

Atty. Reg. No. 0348168

(507) 526-2177

June 6, 13, 20, 2016

____________________________

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

____________________________