STATE OF MINNESOTA

COUNTY OF PINE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Case type: Other civil (Reformation of Instrument)

Court File No. 58-CV-19-204

HSBC Bank USA, National Association, as Trustee for Fremont Home Loan Trust 2006-C, Mortgage-Backed Certificates, Series 2006-C,

    Plaintiff,

v.    

Ruby L. Heller, Stearns Bank National Association f/k/a Pine City State Bank,

    Defendants.

        SUMMONS

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS;

1.  YOU ARE BEING SUED.  The Plaintiff has started a lawsuit against you.

The Plaintiff’s Complaint against you is 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:

Bradley N. Beisel

Beisel & Dunlevy, P.A.

730 Second Avenue S., Suite 282

Minneapolis, MN 55402-2444

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 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 Pine County, Minnesota, commonly known as  commonly known as 340 4th Avenue NE, Pine City, MN 55063, and legally described as:

That part of Government Lot Two (2), Section Twenty-eight (28), Township Thirty-nine (39), Range Twenty-one (21), Pine County, Minnesota, described as follows:

Commencing at the Northwest corner of said Government Lot Two (2); thence southerly, along the West line of said Government Lot 2, a distance of 406 feet to the westerly extension of the northerly line of vacated Block 4 of the recorded plat of VEENHOVEN AND BRANDIS 1ST ADDITION to Pine City, Minnesota; thence easterly, parallel with the north line of said Government Lot 2 and along the north line of said vacated Block 4, a distance of 326.27 feet to the northwest corner of vacated Lot 2, Block 4, of said plat and the point of beginning of the property to be described; thence southerly, along the west line of said vacated Lot 2, a distance of 98 feet to a point 50 feet northerly of the southwest corner of said vacated Lot 2; thence easterly, parallel with the south line of said vacated Lot 2, and its easterly extension, 160.44 feet to the east line of vacated Washington Avenue; thence northerly, along said east line, 98 feet to the easterly extension of the north line of said vacated Block 4; thence westerly, along said north line 160.41 feet to the point of beginning.

Together with a right of ingress and egress to and from the above-described premises over and across the South 15 feet of the vacated portion of Oklahoma Street in said Addition abutting the above described premises on the north.

Subject to a 15 foot sewer easement recorded in Book 16 of Miscellaneous, page 439.

Subject and together with a 15 foot driveway easement over, under and across the property described above.

The Westerly line of said 15 foot easement is described as follows:  

Beginning at a point in the South line of the above-described property distant 70 feet Westerly of the Southeast corner thereof; thence Northerly, parallel with the east line thereof, 40 feet; thence Northwesterly, to a point in the North line of the above described property, distant 91 feet Westerly of the Northeast corner thereof; thence continuing Northwesterly, along the extension of the last described line, to the north line of the vacated south 15 feet of Oklahoma Avenue and said line there terminating.

(referred to as the “Subject Property” and the “Correct Legal Description”)

The purpose of this action is to obtain an Order for the following relief:

1. Reforming the Mortgage, Pine County Document No. A455811, modified by Modification, Document No. A484272, assigned by Assignment, Pine County Document No. A545294, nunc pro tunc, from the Incorrect Legal Description cited therein to state the following Correct Legal Description:

That part of Government Lot Two (2), Section Twenty-eight (28), Township Thirty-nine (39), Range Twenty-one (21), Pine County, Minnesota, described as follows:

Commencing at the Northwest corner of said Government Lot Two (2); thence southerly, along the West line of said Government Lot 2, a distance of 406 feet to the westerly extension of the northerly line of vacated Block 4 of the recorded plat of VEENHOVEN AND BRANDIS 1ST ADDITION to Pine City, Minnesota; thence easterly, parallel with the north line of said Government Lot 2 and along the north line of said vacated Block 4, a distance of 326.27 feet to the northwest corner of vacated Lot 2, Block 4, of said plat and the point of beginning of the property to be described; thence southerly, along the west line of said vacated Lot 2, a distance of 98 feet to a point 50 feet northerly of the southwest corner of said vacated Lot 2; thence easterly, parallel with the south line of said vacated Lot 2, and its easterly extension, 160.44 feet to the east line of vacated Washington Avenue; thence northerly, along said east line, 98 feet to the easterly extension of the north line of said vacated Block 4; thence westerly, along said north line 160.41 feet to the point of beginning.

Together with a right of ingress and egress to and from the above-described premises over and across the South 15 feet of the vacated portion of Oklahoma Street in said Addition abutting the above described premises on the north.

Subject to a 15 foot sewer easement recorded in Book 16 of Miscellaneous, page 439.

Subject and together with a 15 foot driveway easement over, under and across the property described above.

The Westerly line of said 15 foot easement is described as follows:  

Beginning at a point in the South line of the above-described property distant 70 feet Westerly of the Southeast corner thereof; thence Northerly, parallel with the east line thereof, 40 feet; thence Northwesterly, to a point in the North line of the above described property, distant 91 feet Westerly of the Northeast corner thereof; thence continuing Northwesterly, along the extension of the last described line, to the north line of the vacated south 15 feet of Oklahoma Avenue and said line there terminating.

2. Determining that the Mortgage, Pine County Document No. A455811, modified by Modification, Document No. A484272, assigned by Assignment, Pine County Document No. A545294, is a valid and effective encumbrance against the Subject Property, notwithstanding the erroneous legal description cited therein.

3. Determining that in all documents pertinent to the Property cited herein, references to “Oklahoma Avenue” and “Washington Avenue” may be construed as referring to “Oklahoma Street” and “Washington Street.”  

4. Determining that Defendant Stearns Bank National Association f/k/a Pine City State Bank has no right, title or interest in the Subject Property.

557.03 NOTICE OF NO PERSONAL CLAIM

Pursuant to Minn. Stat. § 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.

BEISEL & DUNLEVY, P.A.

Dated: June 25, 2019

By /s/ Bradley N. Beisel

Bradley N. Beisel (#6191)

730 Second Avenue South, Suite 282

Minneapolis, MN 55402

Ph: (612) 436-2222

Attorneys for Plaintiff

Published in the Pine City Pioneer on July 4, 11 and 18, 2019


STATE OF MINNESOTA

COUNTY OF PINE

CASE TYPE: QUIET TITLE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Court File No. 58-CV-19-277

Sawbill Outstate, Inc.

    Plaintiff,

vs.

Midwest Minnesota Community Development Corporation; United States of America through the Rural Housing Service, United States Department of Agriculture; Jeff Nelson, solely in his capacity as Sheriff of Pine County, Minnesota; Amanda J. Oliver; also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint herein

    Defendants.

SUMMONS

THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

1. YOU ARE BEING SUED. Plaintiff has started a lawsuit against you. Plaintiff’s Complaint against you is attached to this Summons. 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, except the United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer within 60 days after service. You must send a copy of your Answer to the person who signed this Summons located at Neve Webb, PLLC, 6800 France Avenue South, Suite 405, Minneapolis, Minnesota 55435.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe 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 (60 days for the United States), 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 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.

NEVE WEBB, PLLC

By s/ John R. Neve

John R. Neve (#278300)

Evan H. Weiner (#389176)

6800 France Avenue South, Suite 405

Minneapolis, MN 55435

(952) 746-2400

ATTORNEYS FOR PLAINTIFF

DATED: May 28, 2019

Published in the Pine City Pioneer on June 20, 27 and July 4, 2019


STATE OF MINNESOTA

COUNTY OF PINE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Court File No. 58-PR-19-19

Estate of

Marshall Allen Joseph Johnson,

    Decedent.  

NOTICE OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS (INTESTATE)

Notice is given that an application for informal appointment of personal representative has been filed with the registrar. No will has been presented for probate. The application has been granted.

Notice is also given that the Registrar has informally appointed Cherie Marie Scott, whose address is: 5340 E 66th Way, Commerce City CO 80022 as personal representative of the Estate of the Decedent. Any heir, devisee or other interested person may be entitled to appointment as personal  representative or may object to the appointment of the personal representative. Unless objections are filed with the Court (pursuant to Minn. Stat. 524.3-607) and the Court otherwise orders, the personal representative has full power to administer the Estate including, after 30 days from the date of issuance of letters, the power to sell, encumber, lease or distribute real estate.

Any objections to the appointment of the Personal Representative must be filed with this Court and will be heard by the Court after the filing of an appropriate petition and proper notice of hearing.

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:                LU ANN BLEGEN

Registrar

Pine Court Administrator

2019.04.16 09:00:40-05’00’

Dated:

LU ANN BLEGEN

Deputy Court Administrator

Pine Court Administrator

2019.04.16 09:01:07-05’00’

Filed in District Court

State of Minnesota

4/17/2019 9:44 AM

Published in the Pine City Pioneer on July 4 and 11, 2019


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.

DATE: June 10, 2019

YOU ARE NOTIFIED that default has occurred in the conditions of the following described Mortgage:

INFORMATION REGARDING MORTGAGE TO BE FORECLOSED

1. Date of Mortgage: March 21, 2008.

2. Mortgagors: James F. Harper III, a single person.

3. Mortgagees: Woodlands National Bank.

4. Recording Information: Recorded on March 24, 2008, as Document Number A471310, in the Office of the  County Recorder Registrar of Titles of Pine County, Minnesota.

5. Assignments of Mortgage, if any: None.

INFORMATION REGARDING MORTGAGED PREMISES

6. Tax parcel identification number of the mortgaged premises: 46-5209-000

7. Legal description of the mortgaged premises:

See Exhibit ‘A’

EXHIBIT ‘A’

LEGAL DESCRIPTION

Lot Three (3), Block One (1), Bailey Braxton Addition, according to the plat thereof on file and of record in the office of the County Recorder, Pine County, Minnesota.

TOGETHER with a non-exclusive easement for use, maintenance, repair and improvements of the existing well and water line located over, under and across that part of Lot Four (4), Block One (1), Bailey Braxton Addition, described as follows:

That part of the Southeast Quarter (SE1/4) of Section Eighteen (18), Township Forty-five (45), Range Nineteen (19), Pine County, Minnesota, described as follows: Commencing at the southwest corner of said SE1/4; thence on an assumed bearing of North 00°33’35” East, along the West line of said SE1/4, a distance of 650.00 feet; thence South 82°33’07” East a distance of 274.20 feet; thence South 00°40’58” East a distance of 109.29 feet to the actual point of beginning of the easement herein described; thence continuing South 00°40’58” East a distance of 53.29 feet; thence South 22°43’36” East a distance of 146.08 feet; thence North 67°16’24” East a distance of 20.00 feet; thence North 22°43’36” West a distance of 195.47 feet to the point of beginning.

TOGETHER with a nonexclusive easement for utility, ingress and egress purposes over, under and across that part of Lot Five (5), Block One (1), Bailey Braxton Addition, described as follows:

That part of the Southeast Quarter (SE1/4) of Section Eighteen (18), Township Forty-five (45), Range Nineteen (19), Pine County, Minnesota, described as follows: Commencing at the Southwest corner of said SE1/4; thence on an assumed bearing of North 00°33’35” East, along the West line of said SE1/4, a distance of 650.00 feet; thence South 82°33’07” East a distance of 274.20 feet; thence South 00°40’58” East a distance of 134.69 feet to the actual point of beginning of the easement herein described; thence South 89°29’18” West a distance of 153.02 feet; thence South 00°17’47” West a distance of 66.00 feet; thence North 89°29’18” East a distance of 64.01 feet; thence South 00°17’47” West a distance of 342.95 feet to a point on the Northerly right of way line of County Road No. 46 (formerly I-35); thence on a bearing of East, along last described right of way line, a distance of 44.26 feet; thence North 22°05’57” East a distance of 58.52 feet; thence North 00°17’47” East a distance of 289.31 feet; thence North 89°29’18” east a distance of 24.13 feet to the intersection with a line bearing South 00°40’58” East from the point of beginning; thence North 00°40’58” West a distance of 66.00 feet to the point of beginning.

TOGETHER with a nonexclusive easement for use, maintenance, repair and improvements of the existing sewer line located over, under and across Lot Two (2), Block One (1), Bailey Braxton Addition.

Check here if all or part of the described real property is Registered (Torrens) 

8. The physical street address, city, and zip code of the mortgaged premises: 34091 Laketown Road, Sturgeon Lake, MN 55783.

OTHER FORECLOSURE DATA

9. The person holding the Mortgage:

 is a transaction agent, as defined by Minn. Stat. 58.02, subd. 30.

The name(s) of the transaction agent, residential mortgage servicer, and the lender or broker, as defined in Minn. Stat. 58.02, is/are […].

The transaction agent’s mortgage identification number, if stated on the Mortgage, is […].

 is not a transaction agent, as defined by Minn. Stat. 58.02, subd. 30.

The name(s) of the residential mortgage servicer and the lender or broker, as defined in Minn. Stat. 58.02, is/are Woodlands National Bank.

10. If stated on the Mortgage, the name of the mortgage originator, as defined in Minn. Stat. 58.02, is Woodlands National Bank.

INFORMATION REGARDING FORECLOSURE

11. The requisites of Minn. Stat. 580.02 have been satisfied.

12. The original principal amount secured by the Mortgage was $180,000.00.

13. At the date of this notice the amount due on the Mortgage, including taxes, if any, paid by the holder of the Mortgage, is: $131,814.57.

14. Pursuant to the power of sale in the Mortgage, the Mortgage will be foreclosed, and the mortgaged premises will be sold by the Sheriff of Pine County, Minnesota, at public auction on August 15, 2019, at 10:00 a.m. at the Pine County Sheriff’s Office, located at 635 Northridge Drive NW, Suite 100, Pine City, Minnesota.

15. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal representatives or assigns is six (6) months after the date of sale.

16. Minn. Stat. 580.04(b) provides, “If the real estate is an owner-occupied, single-family dwelling, the notice must also specify the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23.” If this statute applies, the time to vacate the property is 11:59 p.m. on February 15, 2020.

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.

Name and address of Attorney for Mortgagee or Mortgage Assignee:

GDO Law

Mark E. Duea (#027351X)

Christopher L. Olson (#0395191)

4770 White Bear Parkway, Suite 100

White Bear Lake, MN 55110

Name of Mortgagee or Mortgage Assignee:

Woodlands National Bank

424 Main Street

PO Box B

Onamia, MN 56359

THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Published in the Pine City Pioneer on June 20, 27, July 4, 11, 18 and 25, 2019


NOTICE OF PUBLIC HEARING

PINE CITY PLANNING COMMISSION

City Hall Council Chamber

315 Main Street South

NOTICE IS HEREBY GIVEN that the Pine City Planning Commission will hold a public hearing to obtain comments and review the following item on Tuesday, July 16, 2019, beginning approximately at 6:30 p.m.:

VARIANCE

A variance from the side yard setback for Rockie Freeland, to construct a 10-foot by 24-foot addition to his dwelling unit in the One- and Two-Family Residential (R-2) district and within the shoreland and floodplain districts, located at 95 – 3rd Street NE, also referred to as parcel #42.0165.000.

This is a regularly scheduled meeting of the Planning Commission, which is held on the 3rd Tuesday of the month at 6:30 p.m.

All interested persons are encouraged to attend and be heard on this matter.

Lezlie Sauter

Community Development Director

Published in the Pine City Pioneer on July 4, 2019

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