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St. James Plaindealer - St. James, MN
  • Legal notices November 15 2012

  • Legal notices as published in the St. James Plaindealer on Thursday, Nov. 15, 2012
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  • Fr.:  Patricia Pope
            930 S 4th St.
            St. James, MN 56081
            Cell: 402-499-3602
    To:  Alexander Arce       
           Alcantara
           3701 Cedar Park Rd.    
           Fairmont, MN 56031
    I am sending you a NOTICE OF SALE for your 1996 Ford Aerostar “XLT” EXT. 4WD vin: 1FMDA41X7TZA64274
    On November 16, 2012, I will sell this vehicle at 930 4th St. S, St. James, MN 56081
    Reason for the sale:
    You owe me Garage Storage rent $30.00 a month, $360.00 a year (Dec. 2011 to Dec. 2012) plus $50.00 miscellaneous.
    Total owed: $410.00
    Sincerely yours,
    Patricia Pope
                    
    Published in the St. James Plaindealer Nov. 1, 8 and 15, 2012.
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    STATE OF MINNESOTA
    COUNTY OF
    WATONWAN
    IN DISTRICT COURT
    FIFTH JUDICIAL DISTRICT
    (14. Other Civil)
    Court File:____________
    Assigned to: Judge______
    ORDER
    City of St. James, a municipal corporation, Plaintiff,
    vs.
    Bryce Peters Financial Corporation and John Doe and Jane Roe, and any other individuals or entities that may claim any ownership interest or lien on the property described herein,
    Defendants.
    TO: DEFENDANTS
    ABOVE-NAMED
    Pursuant to Minnesota Statutes Section 463.17 and Resolution numbered 10.12.04, a copy of which is hereto attached, you are hereby ordered to comply with the terms and conditions of said Resolution by removing the building located on the real estate described in said Resolution within thirty (30) days of the date of this Order.
    If you do not take this action as stated herein, Plaintiff, City of St. James, shall make a Motion to the above-named Court for summary enforcement of this Order unless an answer is filed within the time specified in Minnesota Statutes Section 463.17.
    Dated this 4th day
    of October, 2012
    CITY OF ST. JAMES
    /s/ Gary L. Sturm
    Its Mayor
    RESOLUTION No. 10.12.04
    RESOLUTION ORDERING THE REPAIR OR REMOVAL OF A HAZARDOUS BUILDING UNDER MINNESOTA STATUTE 463.15 to 463.61, IN THE MATTER OF HAZARDOUS BUILDING LOCATED AT 300 THIRD AVE. NORTH, ST. JAMES; MINNESOTA. LEGALLY DESCRIBED AS: PARCEL NUMBER: 20.276.2230, LEGAL DESCRIPTION: W 75’ OF N 1/2 OF LOT 11 AND W 75’ LOT 12 BLOCK 080 OF FIRST ADDITION.
    TO: OWNER OF RECORD
    1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of St. James, duly considered the matter, finds the above buildings to be hazardous for the following reasons:
    Page 2 of 7 - a. The building has not been maintained and is to a point where it is unsafe. The dwelling as it sits today is enforceable under Minnesota Statute 463.15.
    b. The dwelling has a roof that has started to fail due to the lack of maintenance.
    c. The siding has started to fail due to lack of maintenance by the owner.
    2. Pursuant to the forgoing findings and in accordance with Minnesota Statutes, Sections 463.15 to 463.261, the council hereby orders the record owners of the above hazardous building to repair or raze such building in order to a safe environment and not detrimental to the public health, welfare and safety.
    a. The City of St. James Building Official has made recommendation that the building be repaired or razed to protect the health and safety of the public.
    b. The City of St. James acknowledges that the City has been unable to make the owners of record to make the repairs.
    c. The City of St. James acknowledges that at this time no effort has been made to make any repairs to correct the unsafe and hazardous conditions. The Building Official inspected the property on August 30, 2012.
    d. The City of St. James acknowledges the dwelling is not occupied.
    3. The council further orders that unless such corrective action is taken or an answer is served upon the City of St. James and filed in the Office of the Clerk of District Court of Watonwan County, Minnesota within 20 days from the date of the service and order, a motion for summary enforcement of this order will be made to the District Court of Watonwan County.
    4. The council further orders that if the city is compelled to take any corrective action herein, all necessary cost expended by the city will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes 463.22.
    5. The mayor, city attorney, and other officer and employees of the city are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes.
    /s/ Gary L. Sturm
    Mayor
    /s/ LeeAnn M. Nibbe
    City Clerk
    Published in the St. James Plaindealer Nov. 1, 8 and 15, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    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:  03/22/2005
    MORTGAGOR(S):   Sylvester F. Rathman Jr. and Berdell D. Rathman, husband and wife.
    Page 3 of 7 - MORTGAGEE:    Union Planters Bank, N.A. d/b/a Regions Mortgage
    Transaction Agent: N/A
    Transaction Agent Mortgage ID No: n/a
    Lender or Broker: Union Planters Bank, N.A. d/b/a Regions Mortgage
    Servicer: JPMorgan Chase Bank, N.A.
    Mortgage Originator: Union Planters Bank, N.A. d/b/a Regions Mortgage
    DATE AND PLACE OF RECORDING:  Recorded April 04, 2005,Watonwan County Recorder, Document No. 199955.
    ASSIGNMENTS OF MORTGAGE: Assigned to: JPMorgan Chase Bank, National Association Dated: February 15, 2008,Recorded April 28, 2008,Watonwan County Recorder, Document No. 208624.
    LEGAL DESCRIPTION OF PROPERTY:  That part of the Southeast 1/4 Southeast 1/4 of Section 10, Township 107 North, Range 32 West, Watonwan County, Minnesota, described as follows: Beginning at the Southeast corner of said Section 10; thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds West, along the South line of said Section, a distance of 408.00 feet to an iron monument; thence North 0 degrees 32 minutes 38 seconds East a distance of 600.00 feet to an iron monument; thence North 90 degrees 00 minutes 00 seconds East a distance of 408.00 feet to an iron monument located on the East line of said Section; thence South 0 degrees 32 minutes 38 seconds West, along said East line, a distance of 600.00 feet to the point of beginning, Watonwan County, Minnesota.  Abstract Property.
    The above property is situated in Watonwan County, State of Minnesota.
    REGISTERED PROPERTY: No
    TAX PARCEL NO.:  070100800
    ADDRESS OF PROPERTY:
    27949 710th Ave
    St. James, MN 56081
    COUNTY IN WHICH PROPERTY IS LOCATED:  Watonwan
    ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:  $116,000.00
    AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $110,353.38
    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:  Thursday, December 27, 2012, 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  06/27/2013 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.  
    Page 4 of 7 - 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: October 26, 2012
    JPMorgan Chase Bank, National Association
    Assignee of Mortgagee
    Peterson, Fram & Bergman, P.A.
    By: Michael T. Oberle
    Attorneys for:
    JPMorgan Chase Bank, National Association
    Assignee of Mortgagee
    55 E. 5th St., Suite 800
    St. Paul, MN  55101
    (651) 209-7599
    THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
    16309-120265
    Published in the St. James Plaindealer Nov. 8, 15, 22, and 29, and Dec. 6 and 13, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    PROBATE
    FIFTH JUDICIAL DISTRICT
    DISTRICT COURT
    PROBATE DIVISION
    Court File No. 83-PR-12-586
    STATE OF MINNESOTA
    COUNTY OF WATONWAN
    In Re: Estate of
    DOROTHY F. SODEMAN, Decedent
    NOTICE OF AND ORDER FOR HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
     
    It is Ordered and Notice is given, that on November 26, 2012, at 10:15 a.m., a hearing will be held in this Court at the Watonwan County Courthouse, 710 Second Avenue South, St. James, Minnesota 56081, for the formal probate of an instrument purporting to be the decedent’s Will dated September 3, 2004, and for the appointment of Steven N. Sodeman, whose address is 42050 737th Avenue, St. James, Minnesota 56081, as personal representative of the decedent’s estate in an unsupervised administration.
    Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses; sell real and personal property; and do all necessary acts for the decedent’s estate.
    Notice is also given that subject to Minn. Stat. §524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred.
    Dated: October 31, 2012
    BY THE COURT
    Greg Anderson
    Judge of District Court
    Kelly Iverson
    Court Administrator
    Page 5 of 7 - By: /s/ Kelly Appel, Clerk
    Attorney for Petitioner
    Daniel A. Birkholz
    (MN #8370)
    Birkholz Law LLC
    101 South Seventh Street
    P.O. Box 461
    St. James, MN 56081
    Telephone: (507) 375-3374
    Facsimile: (507) 375-3375
    Published in the St. James Plaindealer Nov. 15 and 22, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE OF
    MORTGAGE FORECLOSURE SALE
    NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mortgage, dated the 25th day of June, 2009, executed by Maria Christina Vazquez Molina, a single person, as mortgagor, to Pioneer Bank, as mortgagee, filed for record in the office of the County Recorder in and for the County of Watonwan, and State of Minnesota, on the 30th day of June, 2009, as Document No. 211639; and that thereafter the mortgage was modified by a Modification of Mortgage dated the 9th day of July, 2012, and duly filed for record in the office of the County Recorder in and for the County of Watonwan and State of Minnesota on the 16th day of July, 2012, as Document No. 218724;
    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 Fifty-Seven Thousand Four Hundred Eighty-Seven and 22/100 DOLLARS ($57,487.22);
    That there is due and claimed to be due on the mortgage, including interest to date hereof, the sum of Forty-Six Thousand Six Hundred Ninety and 31/100 DOLLARS ($46,690.31);
    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 Watonwan, State of Minnesota, described as follows, to-wit:
    Lot Two (2), Block Fifteen (15), City of St. James, Watonwan County, Minnesota.
    will be sold by the sheriff of said county at public auction on the 20th day of December, 2012, at 10:00 o’clock a.m., at the Watonwan County Sheriff’s office located at 715 Third Avenue South, in the City of St. James 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 mortgagor, her personal representative or assigns within six (6) months from date of sale.
    The real property’s street address is: 418 First Avenue South, St. James, Minnesota 56081.
    The real property’s identification number is:  20.100.1130.
    Transaction agent:  N/A.
    Page 6 of 7 - Transaction agent’s Mortgage identification number:  N/A.
    Mortgage originator:  Pioneer Bank.
    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 19th day of October, 2012.
    Pioneer Bank,
    Mortgagee
    /s/ Jeff C. Braegelmann
    Jeff C. Braegelmann   #174701
    GISLASON & HUNTER LLP
    Attorneys for Pioneer Bank
    2700 South Broadway
    P. O. Box 458
    New Ulm, MN  56073-0458
    Phone: 507-354-3111
    Fax:  507-354-8447
    Published in the St. James Plaindealer Nov. 1, 8, 15, 22 and 29, and Dec. 6, 2012.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    PROBATE
    FIFTH JUDICIAL DISTRICT
    DISTRICT COURT
    PROBATE DIVISION
    Court File No. 83-PR-12-586
    STATE OF MINNESOTA
    COUNTY OF WATONWAN
    In Re: Estate of
    DOROTHY F. SODEMAN, Decedent
    NOTICE OF AND ORDER FOR HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
     
    It is Ordered and Notice is given, that on November 26, 2012, at 10:15 a.m., a hearing will be held in this Court at the Watonwan County Courthouse, 710 Second Avenue South, St. James, Minnesota 56081, for the formal probate of an instrument purporting to be the decedent’s Will dated September 3, 2004, and for the appointment of Steven N. Sodeman, whose address is 42050 737th Avenue, St. James, Minnesota 56081, as personal representative of the decedent’s estate in an unsupervised administration.
    Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses; sell real and personal property; and do all necessary acts for the decedent’s estate.
    Notice is also given that subject to Minn. Stat. §524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or the claims will be barred.
    Dated: October 31, 2012
    BY THE COURT
    Greg Anderson
    Judge of District Court
    Kelly Iverson
    Court Administrator
    By: /s/ Kelly Appel, Clerk
    Attorney for Petitioner
    Daniel A. Birkholz
    Page 7 of 7 - (MN #8370)
    Birkholz Law LLC
    101 South Seventh Street
    P.O. Box 461
    St. James, MN 56081
    Telephone: (507) 375-3374
    Facsimile: (507) 375-3375
    Published in the St. James Plaindealer Nov. 15 and 22, 2012.
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