×
×
homepage logo

Public Notices for 8/08/16

By Staff | Aug 7, 2016

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 Thirty-Four Thousand One Hundred Twenty-Three and 66/100 DOLLARS ($434,123.66);

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 1st day of September, 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 24th day of June, 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

July 4, 11, 18, 25,

August, 1, 8, 2016

____________________________

NOTICE OF MORTGAGE FORECLOSURE SALE

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

DATE OF MORTGAGE: July 01, 2009

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $128,000.00

MORTGAGOR(S): Daniel L Kluender and Leah M Kluender, Husband and Wife

MORTGAGEE: Wells Federal Bank, fsb

DATE AND PLACE OF RECORDING:

Recorded: July 06, 2009 Faribault County Recorder

Document Number: 348396

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: 6868 State Highway 22, Walters, MN 56097-3135

Tax Parcel ID Number: 110030600

LEGAL DESCRIPTION OF PROPERTY: A tract beginning at a point on the West line of Northwest Quarter (NW 1/4) of Section Three (3) in Township One Hundred and one (101) North of Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, which point is 568.25 feet South of the Northwest corner of said Northwest Quarter (NW 1/4); thence East 333.8 feet; thence South 190 feet; thence West 334.3 feet to West line of said Northwest Quarter (NW 1/4) of Section Three (3), thence North along said West line of the Northwest Quarter (NW 1/4) 190 feet to beginning.

Also described as a tract beginning at a point on the West line of the Northwest Quarter (NW 1/4) of Section Three (3) in Township One Hundred and one (101) North of Range Twenty-four (24) West of the Fifth Principal Meridian in the County of Faribault and State of Minnesota, which point is 568.25 feet South of the Northwest corner of said Northwest Quarter (NW 1/4); thence East parallel with the North line of said Northwest Quarter (NW 1/4) 333.8 feet; thence South parallel with the West line of said Northwest Quarter (NW 1/4) 190 feet; thence West 334.3 feet to a point on the West line of said Northwest Quarter (NW 1/4) which point it 758.25 feet South of the Northwest corner of said Northwest Quarter (NW 1/4); thence North along the West line of the Northwest Quarter (NW 1/4) 190 feet to beginning.

Containing in all 1.46 acres more or less. Subject to highway easement along West side thereof.

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE: $125,889.57

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: September 06, 2016 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 March 06, 2017, or the next business day if March 06, 2017 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: July 13, 2016

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

a Federal Savings Bank

Wilford, Geske & Cook P.A.

Attorneys for Mortgagee

7616 Currell Blvd Ste 200

Woodbury, MN 55125-2296

(651) 209-3300

File Number: 035038F03

July 25, August 1, 8,

15, 22, 29, 2016

____________________________

16-103979

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: January 8, 2014

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $96,600.00

MORTGAGOR(S): Betty Jean Johnson, an unmarried woman

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc.

MIN#: 100809006264614791

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON THE MORTGAGE: Green Tree Servicing LLC

SERVICER: Ditech Financial LLC FKA Green Tree Servicing LLC

DATE AND PLACE OF FILING: Filed January 17, 2014, Faribault County Recorder, as Document Number 364417

ASSIGNMENTS OF MORTGAGE: Assigned to: Green Tree Servicing LLC

LEGAL DESCRIPTION OF PROPERTY: The East 5 feet of Lots Two (2) and Three (3) and all of Lots Ten (10) and Eleven (11) in Block Six (6) in Clark W. Thompson’s Addition to the Village of Wells including any portions of vacated alley appurtenant to said lots per City of Wells Resolution No. 2011-04 recorded 2/18/11 as Doc. No. 353902.

PROPERTY ADDRESS: 410 2nd Ave SW, Wells, MN 56097

PROPERTY IDENTIFICATION NUMBER: 305861100

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $102,200.11

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: September 13, 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 March 13, 2017, or the next business day if March 13, 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: July 20, 2016

Ditech Financial LLC FKA Green Tree Servicing LLC

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

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

July 25, August 1, 8,

15, 22, 29, 2016

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No.: 22-PR-16-391

Estate of

Willma E. Johnson,

Decedent

AMENDED 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 August 16, 2016, at 10:30 a.m., a hearing will be held in this Court at 415 N. Main St., Blue Earth, Minnesota, 56013 or the formal probate of an instrument purporting to be the Will of the Decedent dated, September 17, 2002, (“Will”), and for the appointment of Neil R. Johnson, whose address is 8004 East Oberlin Place, Denver, CO 80237 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. Stat. 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: July 21, 2016

BY THE COURT

Douglas L. Richards,

Judge of District Court

Vicky Driscoll,

Deputy Court Administrator

(COURT?SEAL)

Dated: July 21, 2016

Attorney for Petitioner

Douglas R. Peterson

Peterson, Kolker, Haedt & Benda, Ltd

211 South Newton

Albert Lea, MN 56007

Attorney License No: 160945

Telephone: (507) 373-6491

FAX: (507) 373-7863

Email: dpeterson@

albertlealaw.com

August 1, 8, 2016

____________________________

STATE OF MINNESOTA

COUNTY OF FARIBAULT

FIFTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No.: 22-PR-16-400

Estate of

Pearl Schirmer,

Decedent

AMENDED 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 August 16, 2016, at 10:30 a.m., a hearing will be held in this Court at 415 N. Main St., Blue Earth, Minnesota, 56013 or the formal probate of an instrument purporting to be the Will of the Decedent dated, August 31, 2006, (“Will”), and for the appointment of Joyce Stenzel, whose address is 705 E. Richway Dr., Albert Lea, MN 56007 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. Stat. 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: July 21, 2016

BY THE COURT

Douglas L. Richards,

Judge of District Court

Vicky Driscoll,

Deputy Court Administrator

(COURT?SEAL)

Dated: July 21, 2016

Attorney for Petitioner

Douglas R. Peterson

Peterson, Kolker, Haedt & Benda, Ltd

211 South Newton

Albert Lea, MN 56007

Attorney License No: 160945

Telephone: (507) 373-6491

FAX: (507) 373-7863

Email: dpeterson@

albertlealaw.com

August 1, 8, 2016

____________________________

BIDS WILL BE RECEIVED FOR SALE OF TWO

COMPUTER CARTS BY

BLUE EARTH AREA SCHOOLS

315 East 6th St

Blue Earth, Minnesota 56013

Independent School

District 2860

507-526-3188

Blue Earth Area Schools are requesting bids for sale of two computer carts. Bids will be opened on August 9 at 2:00 p.m. in the District Office’s Conference Room. For information, please contact Jennifer Berkner, Blue Earth Area Schools.

August 1, 8, 2016

____________________________

CITY OF ELMORE

ORDINANCE NO. 8.08.06

AN ORDINANCE

OPTING-OUT OF

THE REQUIREMENTS OF

MINNESOTA STATUTES, SECTION 462.3593

WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permit and regulate temporary family health care dwellings;

WHEREAS, subdivision 9 of Minn. Stat. 462.3593 allows cities to “opt out” of those regulations;

THE CITY COUNCIL OF THE CITY OF ELMORE, ORDAINS TO OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593: as follows:

Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Elmore opts-out of the requirements of Minn. Stat. 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

This ordinance shall be effective immediately upon its passage and publication.

BY ORDER OF THE

ELMORE CITY COUNCIL:

Dianne Nowak

August 8, 2016

____________________________

NOTICE OF APPLICATION FOR A LIVESTOCK

FEEDLOT PERMIT

Notice is hereby given per Minnesota Statutes, Chapter 116, that Ward Farms, has made application to the Minnesota Pollution Control Agency or the County of Faribault for a permit to construct or expand a feedlot with a capacity of 500 animal units or more.

The existing and/or proposed feedlot will be located in the SE 1/4 of the NE 1/4, Section 2, Winnebago Township, T 104N, Range R28W, in Faribault County, Minnesota. The proposed facility consists of constructing a total confinement barn to house 2499 head of swine between 55 and 300 pounds, or 999.6 animal units (AU). Manure will be stored in a proposed and existing below barn reinforced concrete pits.

This publication shall constitute as notice to each resident and each owner of real property within 5,000 feet of the perimeter of the proposed feedlot as required by Minnesota State Law.

August 8, 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.

__________________________________________________________