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St. James Plaindealer - St. James, MN
  • Legal notices Jan 3 2013

  • Legal notices as published in the St. James Plaindealer on Thursday, Jan. 17, 2013.
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  • STATE OF
    MINNESOTA
    COUNTY OF
    WATONWAN
    IN DISTRICT COURT
    FIFTH JUDICIAL
    DISTRICT
    (14. Other Civil)
    Court File:
    Assigned to: Judge
    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.
    SUMMONS
    THIS SUMMONS IS DIRECTED TO DEFENDANT BRYCE PETERS FINANCIAL CORPORATION.
    1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that effect 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:
    Steven R. Sunde
    Attorney-at-Law
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN  56081
    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 judgement 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.
    Page 2 of 7 - 7. To be included only if this lawsuit effects title to real property:
    THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Watonwan County, State of Minnesota, legally described as follows:
    West 75 feet of the North Half (N 1/2) of Lot Eleven (11), and the West 75 feet of Lot Twelve (12) in Block Eighty (80) of First Addition to the City of St. James, Watonwan County, Minnesota.
    The object of this action is to obtain Court approval to raze the building located on said real estate.
    Dated: 12-21-12
    /s/ Steven R. Sunde
    Plaintiff’s attorney’s signature
    Steven R. Sunde
    SUNDE, OLSON, KIRCHER AND ZENDER
    Attorney-at-Law
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN  56081
    (507) 375-3352
    Published in the St. James Plaindealer Jan. 10, 17 and 24, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    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: November 30, 1992
    MORTGAGOR:    Elizabeth Martinez, a single person and Maria J. Martinez, a single person.
    MORTGAGEE:        Citizens State Bank of St. James.
    DATE AND PLACE OF RECORDING: Recorded November 30, 1992 Watonwan County Recorder, Document No. 163735.
    ASSIGNMENTS OF MORTGAGE: Assigned to:  Minnesota Housing Finance Agency. Dated November 30, 1992 Recorded December 22, 1992, as Document No. 163863.                
    TRANSACTION AGENT:  NONE
    TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:  NONE
    LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Citizens State Bank of St. James
    RESIDENTIAL MORTGAGE SERVICER:  U.S. Bank Home Mortgage, a division of U.S. Bank National Association
    MORTGAGED PROPERTY ADDRESS: 501 South 10th Street, Saint James, MN 56081
    TAX PARCEL I.D. #:  202850040
    LEGAL DESCRIPTION OF PROPERTY:
    Lot 4 of Replat of Fuller’s Subdivision of Block 44 of the City of St. James
    COUNTY IN WHICH PROPERTY IS LOCATED: Watonwan
    ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:    $26,000.00
    AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $17,897.78
    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;
    Page 3 of 7 - 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: February 21, 2013 at 10:00 AM
    PLACE OF SALE: Sheriff’s Office, Watonwan County Law Enforcement Center, St. James, 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 August 21, 2013 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: December 20, 2012
    Minnesota Housing
    Finance Agency
    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
    135 - 12-006982 FC
    THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
    Published in the St. James Plaindealer Jan. 10, 17, 24, 31 and Feb. 7 and 14, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    NOTICE TO
    CONTRACTORS
    Watonwan County, MN
    Sealed bids will be received until 9:00 A.M., February 13, 2013, by Donald Kuhlman, Watonwan County Auditor, at the Watonwan County Courthouse, 710 2nd Ave. So., P.O. Box 518, St. James, MN, 56081 for:
    S.A.P. 083-632-002
    Concrete Bridge Construction & Bridge Approach Construction
    The major quantities of work are:
    Remove Bituminous Surface
    1,100 SY
    SP12.5 WC 2,B
    500 Tons
    Structural Concrete
    88 C.Y.
    Bridge Slab Concrete
    3,186 S.Y.
    Structural Tube Railing
    Des. Special
    119 L.F.
    12” CIP Piling
    Page 4 of 7 - 480 L.F.
    Quarry Run Rip-Rap CI III
    350 Tons
    Plans and Proposals may be obtained at the County Highway Engineers Office, 1304 7th Ave. So., St. James, MN 56081. (ph 507-375-3393)
    Delivered Price $35.00
    Counter Price $25.00
    A Bidder’s Bond or Certified Check in the amount of at least equal to 5% of the bid is to accompany all bids, payable to the Watonwan County Treasurer.
    The Board reserves the right to reject any and all bids and to waive any defects.
    By order of the Board of County Commissioners or Watonwan County, Minnesota.
    Dated: Jan. 10, 2013
    ­
    /s/ Roger Risser, PE
    Watonwan County Engineer
    Published in the St. James Plaindealer Jan. 17, 24 and 31, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~OFFICE OF THE
    MINNESOTA
    SECRETARY OF STATE
    CERTIFICATE OF
    ASSUMED NAME
    MINNESOTA STATUTES, 333
    The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify the true owner of a business.
    ASSUMED NAME: Schwanz Construction
    PRINCIPAL PLACE OF BUSINESS: 1028 8th St. North, St. James, MN 56081 USA
    NAMEHOLDER(S):
    Name: Justin Ryan Schwanz
    Address: 1028 8th St. North, Saint James, MN  56081
    If you submit an attachment, it will be incorporated into this document. If the attachment conflicts with the information specifically set forth in this document, this document supersedes the data referenced in the attachment.
    By typing my  name, I, the undersigned, certify that I am signing this document as the person whose signature is required, or as an agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes, I understand that by signing this document, I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
    SIGNED BY:  Justin Schwanz
    MAILING ADDRES:  1028 8th St. North, Saint James, MN  56081
    E-MAIL FOR OFFICIAL NOTICES: schwanny888@gmail.com
    STATE SEAL
    Work Item 637364000024
    Original File Number 637364000024
    STATE OF MINNESOTA
    OFFICE OF THE
    SECRETARY OF STATE
    FILED 01/02/2013  11:59 PM
    /S/ Mark Ritchie
    Secretary of State
    Published in the St. James Plaindealer Jan. 10 and 17, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    PROBATE
    FIFTH JUDICIAL DISTRICT
    Page 5 of 7 - DISTRICT COURT
    PROBATE DIVISION
    Court File No. PR-12-693
    STATE OF MINNESOTA
    COUNTY OF WATONWAN
    In Re: Estate of
    INEZ E. SKJERVOLD, 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 6, 2013, at 11:00 a.m., a hearing will be held in this Court at St. James, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, March 25, 2009, (“Will”), and for the appointment of Greg Peterson, whose address is 710 Second Avenue SE, P.O. Box 341, Hayfield, MN  55940 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; 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 Representatives or to the Court Administrator within four (4) months after the date of this Notice or the claims will be barred.
    Dated: December 27, 2012
    BY THE COURT
    Greg Anderson
    Judge of District Court
    (COURT SEAL)
    Kelly Iverson
    Court Administrator
    By: /s/ Robin Orvis, Deputy
    Attorney for Petitioner
    Jan M. Zender
    Sunde, Olson, Kircher and Zender
    108 Armstrong Blvd. South
    P.O. Box 506
    St. James, MN 56081
    Attorney License No.: 169493
    Telephone: (507) 375-3352
    FAX: (507) 375-4483
    Published in the St. James Plaindealer Jan. 10 and 17, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    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: October 5, 2009
    MORTGAGOR:    Ashley L. Shambaugh, a married person.
    MORTGAGEE:    Mortgage Electronic Registration Systems, Inc.
    DATE AND PLACE OF RECORDING: Recorded October 7, 2009 Watonwan County Recorder, Document No. 212283.
    ASSIGNMENTS OF MORTGAGE: Assigned to:  U.S. Bank National Association.                 
    Page 6 of 7 - TRANSACTION AGENT:  Mortgage Electronic Registration Systems, Inc.
    TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:  100021200000215250
    LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: U.S. Bank National Association
    RESIDENTIAL MORTGAGE SERVICER:  U.S. Bank Home Mortgage, a division of U.S. Bank National Association
    MORTGAGED PROPERTY ADDRESS: 221 Dill Avenue Southwest, Madelia, MN 56062
    TAX PARCEL I.D. #:  171001800
    LEGAL DESCRIPTION OF PROPERTY:
    Lot 9 and 10 of Block 21 of the Original Plat of The Village (Now City) of Madelia, Excepting Therefrom the North 75 Feet Thereof, and Also Including That Portion of Vacated Third Street SW on the South Side of Said Lots 9 and 10 and Adjacent to Said Lots 9 and 10, All Located in Watonwan County, Minnesota
    COUNTY IN WHICH PROPERTY IS LOCATED:    Watonwan
    ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $146,791.00
    AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $153,771.69
    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: February 14, 2013 at 10:00 AM
    PLACE OF SALE: Sheriff's Office, Watonwan County Law Enforcement Center, St. James, 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 August 14, 2013, 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.”
    Page 7 of 7 - Dated: December 8, 2012
    U.S. Bank National Association
    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
    12-006531 FC
    THIS IS A
    COMMUNICATION FROM A DEBT COLLECTOR.
    Published in the St. James Plaindealer Dec. 27, 2012 and Jan. 3, 10, 17, 24 and 31, 2013.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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