Legal notices for July 5, 2012

NOTICE OF FILING AFFIDAVIT OF CANDIDACY

CITY OF ORMSBY,

MINNESOTA

TO ALL QUALIFIED VOTERS OF THE CITY OF ORMSBY,

MINNESOTA:

NOTICE IS HEREBY GIVEN, that filing for the following offices:

MAYOR: TERM OF TWO (2) YEARS

COUNCIL PERSON: TERM OF FOUR (4) YEARS

COUNCIL PERSON: TERM OF FOUR (4) YEARS

will open July 31, 2012, and close August 14, 2012, at 5:00 p.m.

Each candidate must file an Affidavit of Candidacy with the City Clerk.

Gayle Flohrs

Ormsby City Clerk

Published in the St. James Plaindealer June 28 and July 5, 2012.

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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: 12/07/2007

MORTGAGOR(S): J Jesus Hernandez Sr. and Martha Hernandez, husband and wife

MORTGAGEE: Bank of America, National Association

SERVICER: Bank of America, N.A.

MORTGAGE ID #: NA

DATE AND PLACE OF RECORDING: Recorded December 21, 2007, Watonwan County Recorder, Document No. 207697

LEGAL DESCRIPTION OF PROPERTY: Real property in Watonwan County, Minnesota, described as follows: All of Lots One (1), and Two (2) of Block Twelve (12) of the City of St. James, Watonwan County, Minnesota, lying North of a line parallel to distance of 115 feet South from the North line of said Block; this may also be described as the North 115 feet of Lots One (1) and Two (2) in Block Twelve (12) of the City of St. James, Watonwan County, Minnesota. Property is Abstract By Fee Simple Deed from Lisa A. Carlson and Bruce R. Eklund as  personal Representative(s) of the Estate of Eleanor A. Larson to J. Jesus Hernandez Sr. and Marta Hernandez, Husband and Wife as J/T as set forth in Instrument No. 181955, dated 9?20/1999 and recorded on 9/27/1999, Watonwan County Records. The Source Deed as stated above is the last record of vesting filed for this property. There have been no vesting changes since the date of the above referenced source.

REGISTERED PROPERTY: No

TAX PARCEL NO.: 201000860

ADDRESS OF PROPERTY: 122 1st Ave. S, St. James, MN 56081

COUNTY IN WHICH PROPERTY IS LOCATED: Watonwan

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $75,000.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $75,054.15

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 of proceeding has been instituted at law or otherwise to recover the debt secure 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 Sheriff of said county as follows:

DATE AND TIME OF SALE: Thursday, May 03, 2012, at 10:00 a.m.

PLACE OF SALE: Sheriff’s Office, City of St. James

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 6 months from the date of said sale by the mortgagor(s), their personal representatives or assigns.

DATE TO VACATE PROPERTY: The date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under Minnesota Statutes section 580.30 or the property redeemed under Minnesota Statutes section 580.23 is 11/03/2012 at 11:59 p.m. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate is the next business day at 11:59 p.m.

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: March 8, 2012

Bank of America

National Association, Mortgagee

Peterson, Fram &

Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

Bank of America

National Association

Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN  55101

(651) 209-7599

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN, that the above Mortgage Foreclosure Sale is hereby postponed to Thursday, July 05, 2012, at 10:00 a.m., Sheriff’s Office, City of St. James in said County and State.

Dated: April 17, 2012

Bank of America

National Association, Mortgagee

Peterson, Fram &

Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

Bank of America

National Association

Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN  55101

(651) 291-8955

NOTICE OF POSTPONEMENT OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN, that the above Mortgage Foreclosure Sale is hereby postponed to Thursday, August 09, 2012, at 10:00 a.m., Sheriff’s Office, City of St. James in said County and State.

Dated: June 28, 2012

Bank of America

National Association as successor by merger to BAC?Home Loans Servicing, LP Mortgagee

Peterson, Fram &

Bergman, P.A.

By: Steven H. Bruns

Attorneys for:

Bank of America

National Association as

successor by merger to BAC Home Loans Servicing, LP

Mortgagee

55 E. 5th St., Suite 800

St. Paul, MN  55101

(651) 291-8955

Published in the St. James Plaindealer July 5, 2012.

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SUMMONS

STATE OF

MINNESOTA

COUNTY OF WATONWAN

IN DISTRICT COURT

FIFTH JUDICIAL DISTRICT

(14. Other Civil)

Court File No.

Michael P. Zender,

Plaintiff,

vs.

Unknown heirs of Peter J. Zender; Helen C. Zender; Evelyn Zender Lilie; Clarence Lilie; Colette A. Koester; Clarence Koester; Elmer Zender; all deceased; and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

You are hereby summoned and required to serve upon Plaintiff’s attorney an Answer to the Complaint which is on file in the office of the Court Administrator of the above-named Court, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the Complaint.

This action involves, affects or brings into question real property situated in the County of Watonwan, State of Minnesota, described as follows:

That part of the Northwest Quarter (NW 1/4) of Section Thirty (30), Township One Hundred Six (106), Range Thirty Two (32), Watonwan County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter (NW 1/4) of Section Thirty (30), running thence West 6 1/2 rods; thence running in a southeasterly direction 37 rods and 13 links; thence East 2 rods; thence running North on East line of said Northwest Quarter (NW 1/4), 37 rods and 13 links to the place of beginning, containing 1 acre and 5 rods.

AND

West Half of Northeast Quarter (W 1/2 of NE 1/4) of Section Thirty (30); and that part of the Southeast Quarter (SE 1/4) of Section Nineteen (19), which lies South of the Chicago, St. Paul, Minneapolis and Omaha Railroad right-of-way, all in Township One Hundred Six (106), Range Thirty-two (32), Watonwan County, Minnesota.

NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgement declaring that Plaintiff is the owner in fee of the property described above, and that Defendants, and each of them, have no right, title, estate, interest or lien in or upon the said real estate.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.

Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.

Dated: June 1, 2012

SUNDE, OLSON, KIRCHER AND ZENDER

By: /s/ Jan M. Zender

Reg. No. 169493

Attorneys for Plaintiff

108 Armstrong Blvd. South

P.O. Box 506

St. James, MN  56081

(507) 375-3352

Published in the St. James Plaindealer July 5, 12 and 19, 2012.

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NOTICE OF PUBLIC HEARING

The Watonwan County Planning Commission will meet on Tuesday, July 10, 2012 at 7:00 p.m. at the Watonwan County Resource Center in St. James, MN, to hold a public hearing on the following item:     

Consideration of a previously presented and subsequently tabled application for a Conditional Use Permit for Schwartz Farms to construct and operate a feedlot greater than 700 Animal units, to be located in the NW ¼ of Section 27 of Nelson Township.

All persons interested may appear and be heard at said time and place, or submit views in writing or by representative.  If you know of any interested property owners who, for any reason, has not received a copy of this notice, please inform him/her of the time and place of the hearing.

Dated: June 28, 2012

By order of the Watonwan County Planning Commission

Watonwan County

Planning and Zoning

Published in the St. James Plaindealer July 5, 2012.