Legals - October 23, 2013

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NOTICE OF MORTGAGE FORECLOSURE SALE

PUBLIC NOTICE 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: February 28, 2006 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $120,572.00 MORTGAGOR(S): Adrian M Waller, a single man MORTGAGEE: Mortgage Electronic Registration Systems, Inc. as nominee for Great Northern Financial Group, Inc. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. MIN#: 1002614-9570244259-5 SERVICER: Ocwen Loan Servicing, LLC LENDER: Great Northern Financial Group, Inc. DATE AND PLACE OF FILING: Stearns County Minnesota, Recorder , on March 17, 2006, as Document No. 1187657. ASSIGNED TO: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP3, Asset Backed Pass-Through Certificates Dated: July 11, 2013 , and recorded August 2, 2013 by Document No. A1404444 . LEGAL DESCRIPTION OF PROPERTY: Lot 9, Block 1, of Pleasant Acres addition Plat #2, St Wendel Township, Stearns County, Minnesota PROPERTY ADDRESS: 32776 Ironwood Dr, Saint Joseph, MN 56374 PROPERTY I.D: 33.22322.0000 COUNTY IN WHICH PROPERTY IS LOCATED: Stearns THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: One Hundred Seventeen Thousand Three Hundred Forty-Six and 39/100 ($117,346.39) 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 pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; 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: 10:00 AM on November 06, 2013 PLACE OF SALE: Stearns County Sheriff, Law Enforcement Center, Room S136 Civil Division, 807 Courthouse Square, St. Cloud, MN 56303 to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section580.30 or the property is not redeemed under Minn. Stat. Section580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on May 06, 2014, or the next business day if May 06, 2014 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: September 18, 2013 HSBC Bank USA, N.A., as Trustee on behalf of ACE Securities Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2006-ASAP3, Asset Backed Pass-Through Certificates Randall S. Miller and Associates, PLLC Attorneys for Assignee of Mortgage/Mortgagee Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050 Minneapolis, MN 55402 Phone: 952-232-0052 Our File No. 09MN00192-2 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. A-4414437 09/25/2013, 10/02/2013, 10/09/2013, 10/16/2013, 10/23/2013, 10/30/2013

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NOTICE OF MECHANIC’S LIEN SALE

 

Please take notice that at the address of Copart, 200 County Road 159 Avon, MN 56310, at 2 o’clock, on Nov. 13, 2013, the Sheriff of Stearns County will sell to the highest cash bidder a 1999 Toyota Camry XLL. 

Storage and lien sale fees are due as of August 9, 2013 is $215.71. 

The storage will continue to accrue at $20.00 per day until the sale date. 

Owner(s): Amina Omar Sirad. 

Lienholders: None

PLEASE NOTE – THIS MAY BE A SALVAGE VEHICLE

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ISD #738 Minutes

September 18, 2013, SPECIAL CLOSED MEETING

This special closed meeting of the School Board of Independent School District 738 was called to order in the High School Board Room at 7:25PM by Chairperson Rick Calgaro.

Board members present: Greg Breth, Mike Higgins, Matt Skawira, and Todd Schwartz.

Absent: Geriann Friday and Todd Smith. Also attending was Superintendent Eric Williams and Business Manager, Beth Bertram.

The meeting was called at the regular meeting of August 21, 2013 for the purpose of discussing negotiations strategies.

Discussion ensued on negotiations strategies.

Motion to adjourn was made at 8:37 PM by Skwira, second by Breth. Motion carried AIF.

Linda Zapzalka, Clerk

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ISD #738  Minutes

September 18, 2013

The regular meeting of the School Board of Independent School District #738 was called to order at 6:00 p.m. in the LMC by Chairperson Rick Calgaro. Members present: Todd Schwartz, Matt Skwira, Mike Higgins, Greg Breth and Student Member Jodi Middendorf. Members absent: Geriann Friday & Todd Smith. Also attending were Superintendent Eric Williams, Secondary Principal Brian Silbernick, Elementary Principal Jim Stang, and Business Manger Beth Bertram. 

Pledge of Allegiance.

Motion by Schwartz, second by Higgins, to approve the amended agenda. Motion carried. AIF (All In Favor). Item deleted: 3.10. Lane change for Kelly Kobernusz. Items added: 6.12. Approve Cub Scouts to sell popcorn at home football games; 6.13. Approve Post Prom Fundraiser to include cookies at one Varsity home game per week (any sport). 7.3. Authorize to hire Jeremiah Kramer for Head Wrestling Coach, category 1 step 3.

Motion by Higgins, second by Schwartz, to approve the consent agenda. On roll call voting in favor: Schwartz, Calgaro, Skwira, Higgins, & Breth. Voting against the same: None. Motion carried. Items in consent agenda included: approval of the minutes from August board meeting; approval of minutes from August special board meeting; approval of the schedule of bills in the amount of $368,476.02--. Computer checks approved #73443 through #73607; approval of the district activity checks #011239 through #011250, which totaled $2,192.34; approval of the electronic transfer for August 2013,

$407,943.06; acknowledgement of the Treasurer report, balance per books $3,795,195.83; acknowledgement of the Business Manager report, average daily membership history, monthly expenditures and expenditures year to date; approve Policy 406 – Public and Private Personnel Data; approve Policy 407 – Employee Right to Know; approve Policy 413 – Harassment and Violence; approve MREA membership; approve lane change for Lynn Stanoch from BS30 step 11 to MS step 11; approve lane change for Brody Anderson from BS15 step 4 to BS30 step 4; approve lane change for Ashley Hoffmann from BS15 step 4 to BS30 step 4; authorization to hire Gary Fisher for mid-day bus route driver; authorization to hire Bonnie Bielejeski for Am and PM van transportation assistant; authorize to hire Elementary Targeted Services teachers and assistants; approve to revise the time for the Truth in Taxation meeting to be held on Dec. 18th to 6 PM. 

Chairperson Calgaro welcomed fellow board members, administration, staff and guests.

Superintendent Williams thanked the Holdingford Lions for their donation. He reported on NWEA testing, disaster relief, ECFE program qualified for 4 Stars, workers comp claim appealing the decision, Location Equity Aid issues being addressed at Duluth Superintendent meeting the possibility of Monica Maine’s position may be transitioned to a Tech position. Mr. Williams informed the Board that the attorney letter states we can cancel the contract with Johnson Controls 45 days before contract renews next May 2014 but may qualify for rebate in FY14. He also discussed the Evaluation Card. 

Student School Board Member, Jodi Middendorf reported on academics, inquired about ITV classes, science trip to Costa Rica, Football 3-0, Swimming has a new coaching staff and the team is doing well, 7-12 Fall Play, Senior High Speech, NHS and Homecoming.

Secondary Principal Silbernick reported on 7-12 Open House-only 6 students that didn’t pick up schedules-pictures worked out well and the 7th grade orientation was well attended. He informed the Board the FFA tractor did well at the State Fair. Mr. Silbernick introduced Jeremiah Kramer as new Behavior Specialist. Assessment update included MCA scores, scores from the surrounding Districts, and areas of improvement.

Elementary Principal Stang thanked Mr. Williams and Mr. Silbernick for compiling test data. He reviewed greatest needs for math and reading. Mr. Stang informed the Board a student compact was sent home to inform parents of what’s expected and the Early Childhood Program has a 4 star quality rating. He also read a letter from a parent thanking the teachers for their work and care!

BSED Report: Calgaro reported there are 22 districts served, the negotiation process is a struggle, and a teacher survey is required.

Business:

Motion by Higgins, second by Schwartz, to approve Holdingford Lions Club to sell raffle tickets at home football games on 9/27/13, 10/11/13 & 10/16/13 to support new playground equipment at the city park. Motion carried. AIF. 

Motion by Schwartz, second by Higgins, to approve Post Prom fundraisers: Fall FB Jamboree concessions, pizza, jerky, fruit and raffle sales during home events during Jan/Feb/March. Motion carried. AIF.

Motion by Higgins, second by Skwira, to certify preliminary levy at the maximum levy limitation. Motion carried. AIF.

Motion by Higgins, second by Schwartz, to approve fund transfers as presented. Motion carried. AIF.

Motion by Skwira, second by Schwartz, to approve election judges as presented. Motion carried. AIF.

Motion by Higgins, second by Schwartz, to accept $2,000 Lions Club gift to repair the roof of the PA/Concession stand at the Football Complex. Motion carried. AIF.

The meeting continued with the first reading of Policy 414 –Mandated Reporting of Child Neglect or Abuse; first reading of Policy 417 – Chemical Use and Abuse; and first reading of Policy 418 – Drug-Free Workplace/School.

Motion by Skwira, second by Schwartz to establish an Absentee Ballot Board to process regular absentee ballots. Motion carried. AIF.

Motion by Higgins, second by Skwira to call for special closed meeting after the regular October School Board Meeting for the purpose of negotiations strategies if necessary. Motion carried. AIF.

Motion by Skwira, second by Higgins, to approve Cub Scouts to sell popcorn at home football games. Motion carried. AIF.

Motion by Higgins, second by Schwartz, to approve Post Prom to sell cookies at one varsity home (any sport) game per week. Motion carried. AIF.

Personnel:

Motion by Higgins, second by Schwartz, to hire April Gerads, Dani Zapzalka and Katlyn Minette – Husker Kid Zone support staff due to increased enrollment. Motion carried. AIF.

Motion by Schwartz, second by Skwira, to hire Jeremiah Kramer for the Behavioral Specialist position. Motion carried. AIF.

Motion by Higgins, second by Schwartz, to hire Jeremiah Kramer for Head Wrestling Coach at category 1 step 3. Motion carried. AIF.

Calendar/Announcement – Booster Club Steak Fry

Agenda completed at 7:15 p.m., a motion to adjourn was made by Skwira, second by Schwartz. Motion carried. AIF.

Linda Zapzalka, Clerk Designee

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STATE OF MINNESOTA IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

COUNTY OF STEARNS Case Type: Other Civil (Quiet Title) 

Court File No. 73-CV-13-8674

SUMMONS

John Stelten and Gregory Stelten, Trustees

of Glen Haven Company, 

Plaintiffs,

vs.

The unknown heirs of Albert Ewertowsky aka Albert Evertowsky, deceased, Jim Grzeskowiak,  Hadassah Zohara, Paul Schoen, Joseph Schoen, Roberta Schoen Wood, Bernadette Schoen Rooney, Jennifer Schoen, Sarah Schoen Stadler, Amy Schoen Schultz, John Schultz, Ronald P. Schoen, Bernice Ewertowsky Gill, any and all unknown heirs of: Joseph Ewertowsky, Sr., Mary Ewertowsky, Joseph Ewertowsky, Jr, Martha Cecelia Ewertowsky Schoen, Robert J. Schoen, Anton Ewertowsky, Anne Ewertowsky Flint, John Ewertowsky, Mary Ewertowsky and Robert E. Ewertowsky, deceased.

 

also any and all unknown heirs, successors and assigns of any of the above named Defendants, now deceased, together with all other persons and entities unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

 

THIS SUMMONS IS DIRECTED TO:  EACH ABOVE-NAMED DEFENDANT.

1. YOU ARE BEING SUED.  The Plaintiffs have 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:

DANIEL T. ZIMMERMANN

WILLENBRING, DAHL, WOCKEN 

& ZIMMERMANN, PLLC

318 Main Street - PO Box 417

Cold Spring, MN  56320-0417

3. YOU MUST RESPOND TO EACH CLAIM.  The Answer is your written response to the Plaintiffs’ Complaint.  In your Answer you must state whether you agree or disagree with each paragraph of the Complaint.  If you believe the Plaintiffs 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 Stearns County, State of Minnesota, legally described as follows:

The Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 35, Township 125, Range 31, Stearns County Minnesota. 

 

AND

 

The Southeast Quarter of the Southeast Quarter of Section 35, Township 125, Range 31

LESS AND EXCEPT: The West Half of the Southwest Quarter of the Southeast Quarter; and

LESS AND EXCEPT: The Westerly 100 feet of the North Half of the Southeast Quarter of the southeast Quarter; and

LESS AND EXCEPT: land platted as “Glenhaven” all in Section 35, Township 125, Range 31, Stearns County, Minnesota. 

The object of this action is to determine adverse claims and to adjudge title in Plaintiff as the fee owner of the above described property, free and clear of any right, estate, interest, or lien of the Defendants or anyone claiming under them, in or to said premises or any part thereof.

8.  NO MONEY JUDGMENT IS BEING SOUGHT FROM ANY OF THE NAMED DEFENDANTS HEREIN.   The sole purpose of this action is to establish clear title in the above described property.

 

Dated this 26th day of September, 2013.

 

WILLENBRING, DAHL,

WOCKEN & ZIMMERMANN, PLLC

/s/ Daniel T. Zimmermann 

Daniel T. Zimmermann (141835)

Attorneys for Plaintiffs

318 Main Street - PO Box 417

Cold Spring, MN  56320-0417

Telephone:  (320) 685-3678

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PUBLIC NOTICE 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: August 27, 2004 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $146,000.00 MORTGAGOR(S): Robert Allen Lukason and Carmen Lukason, Husband and Wife, as Joint Tenants MORTGAGEE: New Century Mortgage Corporation SERVICER: Carrington Mortgage Services, LLC LENDER: New Century Mortgage Corporation. DATE AND PLACE OF FILING: Stearns County Minnesota, Recorder , on September 9, 2004, as Document No. 1126175. ASSIGNED TO: Deutsche Bank National Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2004-3 Dated: February 7, 2006 , and recorded February 16, 2006 by Document No. 1185270 . LEGAL DESCRIPTION OF PROPERTY: Lot One (1), Block Two (2), Signal Hill 3rd Addition, Stearns County, Minnesota. PROPERTY ADDRESS: 1850 Red River Trail, Saint Cloud, MN 56301 PROPERTY I.D: 82.50708.0660 COUNTY IN WHICH PROPERTY IS LOCATED: Stearns THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: One Hundred Sixty-Eight Thousand Five Hundred Nineteen and 58/100 ($168,519.58) 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 pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; 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: 10:00 AM on December 3, 2013 PLACE OF SALE: Stearns County Sheriff, Law Enforcement Center, Room S136 Civil Division, 807 Courthouse Square, St. Cloud, MN 56303 to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section580.30 or the property is not redeemed under Minn. Stat. Section580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on June 3, 2014, or the next business day if June 3, 2014 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 FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: October 16, 2013 Deutsche Bank National Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2004-3 Randall S. Miller and Associates, PLLC Attorneys for Assignee of Mortgage/Mortgagee Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050 Minneapolis, MN 55402 Phone: 952-232-0052 Our File No. 12MN00944-1 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. A-4420823 10/16/2013, 10/23/2013, 10/30/2013, 11/06/2013, 11/13/2013, 11/20/2013.

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NOTICE OF PUBLIC HEARING

CITY OF ALBANY

PLANNING COMMISSION

There will be a Planning Commission meeting in and for the City of Albany, Stearns County, Minnesota, at 6:30 o’clock in the evening on Thursday, November 7, 2013, in the Council room at 400 Railroad Avenue for the said City for the following:

- The public hearing will be held on a request by Mike Fisher, 122 Fairway Drive, to move within the City a 12’ x 16’ portable shed to rear yard.

Anyone wishing to comment will be heard at the public hearing and written comments may be forwarded to the office of the City Clerk/Administrator before the time of the public hearing. 

Tom Schneider

Clerk/Adm.

Published in the Albany Enterprise, Wednesday, October 23, 2013.

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