Public notices for October 6, 2012

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POST-BULLETIN • www.PostBulletin.com SATURDAY, OCTOBER 6, 2012 E7 CALL 507-285-7777 or 800-562-1758 8:00-5:00 [24/7 Online] • www.postbulletin.com/classifieds FREE AD LINE: 507-252-1271 or 888-755-5333 Classi eds {Saying goodbye has never been so easy.} g dbye kiss it It’s simple! Place your ad by calling 507-285-7777 or 800-562-1758 Try our FREE AD LINE: 507-252-1271 or 888-755-5333 or log onto www.postbulletin.com/classifieds. 7:30-5:00 [24/7 Online] Classified Works! NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICA- TION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE OF MORTGAGE FORECLOSURE SALE NO- TICE IS HEREBY GIVEN, that default has occurred in the con- ditions of the following de- scribed mortgage: Date of Mortgage: November 30, 2004 Mortgagors: Robin M. Carlson and Kevin L. Raehsler, both single persons Mortgagee, Residential Mort- gage Servicer, Lender and Mortgage Originator: Think Mutual Bank “TEDDY Bear PupsShih-tzu line Maltese cross.Parents registered Fluffy & non-shedding with great personalities. The perfect family & lap dog, house raised with kids & cat. 1st. shots $350. Preston 507-765-2216. Boston Terriers AKC Reg- istered. Parents on site, Family raised. shots and wormed, $500. ea.Can de- liver to Roch area. Call 641-832-9078. GOLDEN DOODLES. Males & females, current vaccinations. $550. 641-590-1886. AKC Siberian Husky Puppies, 9 weeks, shots & worming up to date. For genders & colors visit www .ashland-f ar m.com $400. CASH only please. South of Austin. 641-220-0834. A-1165644; that all pre-foreclo- sure requirements have been complied with; that no action or proceeding has been instituted at law to recover any part of the debt secured by said mortgage; that there is claimed to be due thereon the sum of Two Hun- dred Sixty-one Thousand Ninety-seven and 68/100 ($261,097.68) Dollars on this date; and that pursuant to the power of sale therein the mort- gage will be foreclosed and the property in Olmsted County, Minnesota, described as fol- lows: Lot 5, Block 2, Essex Es- tates Third, Olmsted County, Minnesota. Property address: 948 London- derry Drive N.W., Rochester, MN Parcel I.D. #: 74.14.32.048284 will be sold by the sheriff of said county at public auction on No- vember 9, 2012, at 10:00 o'clock A.M. at Sheriff's Office, Law Enforcement Center, 101 Fourth Street S.E., Rochester, Minnesota, to pay the debt se- cured by the mortgage, includ- ing costs and attorneys' fees al- lowed by law subject to re- demption by the mortgagor(s), their heirs or assigns, within six (6) months from the date of sale. The mortgagor(s) must vacate the property on or be- fore 11:59 p.m. on May 9, 2013, if (i) the mortgage is not reinstated under §580.30, or (ii) the property is not redeemed under §580.23. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORT- GAGOR'S PERSONAL REP- RESENTATIVES OR AS- SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI- CIAL ORDER IS ENTERED UNDER MINNESOTA STAT- UTES, SECTION 582.032, DE- TERMINING AMONG OTHER THINGS, THAT THE MORT- GAGED PREMISES ARE IM- PROVED WITH A RESIDEN- TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI- CULTURAL PRODUCTION, AND ARE ABANDONED. Dated: September 14, 2012 Associated Bank, National Association, Mortgagee Ralph L. Moore, STEIN & MOORE, P.A., Attorneys for Mortgagee, 332 Minnesota Street, #W-1650 St. Paul, MN 55101 (651) 224-9683 (9/15, 9/22, 9/29, 10/6, 10/13, 10/20) 4 ft. Ball Python snake with 5x4 cage water dish, bed- ding, heat lamp and logs included. $150. 507-374-2231. other Weedeater grass trimmer - almost new. Electric or gas. $45 or best offer. 507-285-9136. For Sale: Male German Shepherd puppy 9 weeks old. Black/T an, Lg boned. $1000. 563-203-0622. Judge /s/ Charles Kjos, Court Administrator /s/ Darla Busian, Deputy Clerk Filed: Sept. 21, 2012 Attorney for Petitioner Jerome W. Perry, 8525X Perry Law Office 307 Ironwood Square 300 Third Avenue SE Rochester, MN 55904 507-282-4304 (Phone) 507-282-9868 (Fax) (9/29, 10/6) NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mort- gage dated April 15, 2008, exe- cuted by Grace R. Thompson, a single person; Jeffrey E. Thompson and Cynthia L. Thompson, husband and wife, as Mortgagors, to Brickwell Community Bank, as Mortga- gee, filed with the Olmsted County Recorder on April 29, 2008, as Document No. A-1165763, which Mortgage was then assigned to CorTrust Bank N.A. by an Assignment dated May 13, 2010, and filed with the Olmsted County Re- corder on May 27, 2010, as Document No. A-1230971; That any action or proceeding instituted at law to recover the debt secured by said mortgage, or any part thereof has been discontinued; that there has been compliance with all notice provisions and conditions precedent as required by law; and that the mortgagee or as- signee has elected to declare the entire sum secured by the note and mortgage to be imme- diately due and payable as pro- vided in the note and mortgage; That the original or maximum principal amount secured by the mortgage was One Million Two Hundred Five Thousand and No/100 DOLLARS ($1,205,000.00); That there is due and claimed to be due on the mortgage, in- cluding interest to date hereof, the sum of One Million Three Hundred Forty-One Thousand Seven Hundred Forty-Three and 04/100 DOLLARS ($1,341,743.04); And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tracts of land lying and be- ing in the County of Olmsted, State of Minnesota, described as follows, to-wit: Parcel A: A part of the East Half of the Northwest Quarter (E1/2 of the NW1/4), Section 17, Township 106 North, Range 13 West, Olmsted County, Minne- sota, described as follows: Commencing at the Southwest corner of the Northeast Quarter of said Northwest Quarter (NE1/4 of the NW1/4); thence North 01 degrees 30 minutes 01 seconds West, assumed bearing along the West line of said Quarter Quarter (1/4 1/4 ) precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mort- gage, and all notice and other requirements of applicable stat- utes. 6. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is $103,914.54. 7. Pursuant to the power of sale in the Mortgage, the Mort- gage will be foreclosed, and the land described as follows: Legal Description: Lot 8, Block 13, Northern Addition, in the City of Rochester, Olm- sted County, Minnesota will be sold by the Sheriff of Olmsted County, Minnesota, at public auction on November 29, 2012 at 10:00 a.m. at the office of the Olmsted County Sheriff, 151 Fourth Street SE, Rochester, Minnesota. 8. The mortgagor must vacate the property on or before 11:59 p.m. May 29, 2013, if the mort- gage is not reinstated under Minn. Stat. Sec. 580.30, the property is not redeemed under Minn. Stat. Sec. 580.23, or the redemption period is not re- duced under section 582.032. 9. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal represen- tatives or assigns is 6 months after the date of sale. 10. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR AS- SIGNS MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETER- MINING, AMONG OTHER THINGS, THAT THE MORT- GAGED PREMISES ARE IM- PROVED WITH A RESIDEN- TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI- CULTURAL PRODUCTION, AND ARE ABANDONED. 11. THE RIGHT TO VERIFI- CATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY IN- FORMATION OBTAINED WILL BE USED FOR THAT PUR- POSE. Foreclosure Data required by Minn. Stat. Sec. 580.025 1. Property Address: 304 9thStreet NW, Rochester, Min- nesota 55901 2. Transaction Agent: Not Ap- plicable 3.Name of Mortgage Originator (Lender): Wells Fargo Bank, N.A. 4. Residential Servicer: Wells Fargo Bank, N.A. 5. T ax Parcel Identification Number: 74-35-13-015718 6. Transaction Agent’s Mort- gage ID Number: Not Applica- ble Wells Fargo Bank, National Association Attorneys for Mortgagee James T. Keig STEPHENSON, SANFORD & THONE, P.L.C. Suite 220, 1905 East Wayzata Boulevard Wayzata, MN 55391 (952) 404-2100 7-2870 (10/6, 10/13, 10/20, 10/27, 11/3, 11/10) Classified shoppers arent desperate... just smart consumers that like to save money. ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS STATE OF MINNESOTA, DISTRICT COURT -THIRD JUDICIAL DISTRICT, PROBATE DIVISION, COUNTY OF OLMSTED Court File No. 55-PR-12-6340 In Re: Estate of Kathryn O. Daniel, Decedent. It is Ordered and Notice is hereby given that on October 24, 2012 , at 9:00 a.m. , a hear- ing will be held in the this Court at the Olmsted County Court- house, Rochester, Minnesota, for the formal probate of an in- strument purporting to be the will of the Decedent, dated the 17th day of April, 1981, and for the Appointment of ALEXAN- DRA J. CALDERMAN, 735 For- est Hills Drive SW, Rochester, Minnesota 55902, as personal representative of the estate of the Decedent in a UNSUPER- VISED administration. Any ob- jections 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 represen- tative 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, to sell real and personal property, and do all necessary acts for the Estate. Notice is also that (subject to Minn. Stat. §524.3-801) all creditors having claims against the Estate are required to pre- sent the claims to the personal representative or to the Court Administrator within four months after the date of this Notice or the said claims will be barred. Dated: Sept. 21, 2012 /s/ Kevin A. Lund, FOR Sale: 2 Year old Female German Shepherd very tall friendly, $500. without papers. 563-203-0622. GAGOR'S PERSONAL REP- RESENTATIVES OR AS- SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI- CIAL ORDER IS ENTERED UNDER MINNESOTA STAT- UTES, SECTION 582.032, DE- TERMINING, AMONG OTHER THINGS, THAT THE MORT- GAGED PREMISES ARE IM- PROVED WITH A RESIDEN- TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI- CULTURAL PRODUCTION, AND ARE ABANDONED. 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 26th day of September, 2012. CorTrust Bank N.A., Mortgagee /s/ Jeff C. Braegelmann Jeff C. Braegelmann #174701 GISLASON & HUNTER LLP Attorneys for CorTrust Bank N.A. 2700 South Broadway P. O. Box 458 New Ulm, MN 56073-0458 Phone: 507-354-3111 Fax: 507-354-8447 (10/6, 10/13, 10/20, 10/27, 11/3, 11/10) BICHON Mix puppy, 11 months old, male, cream/ white in color. Needs home with no children or other animals. Prefer fenced back yard. Vet checked, shots UTD, fixed & groomed. Very cute & lov- ing. $300. 507-282-5717. NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICA- TION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE OF MORTGAGE FORECLOSURE SALE NO- TICE IS HEREBY GIVEN, that default has occurred in the con- ditions of the following de- scribed mortgage: Date of Mortgage: December 15, 2005 Mortgagors: Connie M. Chap- man and Timothy Chapman, wife and husband Mortgagee, Residential Mort- gage Servicer, Lender and Mortgage Originator: Think Mu- tual Bank f/k/a Think Federal Credit Union, which converted to a mutual savings association under the laws of the United States of America by change in charter effective July 1, 2007 Date and Place of Recording: December 28, 2005, in the Office of the County Recorder, Olmsted County, Minnesota, as Docu- ment No. A-1087339 LEGAL DESCRIPTION OF PROPERTY: LOT 1, LESS THE EAST 24 FEET THEREOF, CRYSTAL SPRINGS SUBDIVISION, OLMSTED COUNTY, MINNE- SOTA PHYSICAL STREET AD- DRESS: 4005 28th Street SE, Rochester, Minnesota 55904 THE TAX PARCEL INFORMA- TION NUMBER: 63.16.32.058727 COUNTY IN WHICH PROP- ERTY IS LOCATED: Olm- sted ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $95,000.00 dogs ENGLISH Springer Spaniol pups. AKC, family raised. Excellent hunters.Call 920-772-4151. AKC lab pups, black & chocolate, 1st shots, health guarantee, parents on site, $500-600. 507-951-1506. www .beaverridgelabradors2.com AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, THE SUM OF EIGHTY-SEVEN THOUSAND NINE HUNDRED FIFTY-ONE AND 72/100 ($87,951.72) DOL- LARS. That prior to the commence- ment of this mortgage foreclo- sure proceeding Mortgagee complied with all notice require- ments 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 Mort- gage, the above described property will be sold by the Sheriff of said County as fol- lows: DATE AND TIME OF SALE: November 15, 2012 at 10:00 a.m. PLACE OF SALE: Sheriff ’s Main Office Civil Division Olmsted County 101 4th Street, SE Rochester, MN to pay the debt secured by said Mortgage, as modified, and taxes, if any, on said premises and the costs and disburse- ments, including attorneys fees allowed by law, subject to re- demption within (6) months from the date of said sale by the mortgagors, their personal representatives or assigns. Mortgagee intends to redeem its second mortgage recorded on November 12, 2008, in the Office of the Olmsted county Recorder as Document No. A-1183720. If the redemption period is (6) months, you must vacate the property if the mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not re- deemed under Minn. Stat. § 580.23, by 11:59 p.m. on May 15, 2013. 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 INDENTITY OF THE ORIGINAL CREDI- TOR WITHIN THE TIME PRO- VIDED BY LAW IS NOT AF- FECTED BY THIS ACTION. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORT- GAGORS’ PERSONAL REP- RESENTATIVES OR AS- SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI- CIAL ORDER IS ENTERED UNDER MINNESOTA STAT- UTES, SECTION 582.032, DE- TERMINING, AMONG OTHER THINGS, THAT THE MORT- GAGED PREMISES ARE IM- PROVED WITH A RESIDEN- TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI- CULTURAL PRODUCTION, AND ARE ABANDONED. Dated: September 26, 2012 THINK MUTUAL BANK, Mortgagee Wendland Utz, Ltd. By________________ Rebecca B. Wendland Attorneys for Mortgagee 21 First Street SW, Suite 300 Rochester, MN 55902 (507) 288-5440 (9/29, 10/6, 10/13, 10/20, 10/27, 11/3) DACHSHUNDS, AKC - Small, highly popular! Vet report, shots, wormed. Pups: Female $250, Male $225, cash only. Female adult=free. AKC-Pure Parents. 507-534-2856. DRY firewood, Oak & mixed loads. Delivery. Outside heater loads. 507-884-5745. Section, 343.58 feet; thence North 67 degrees 29 minutes 10 seconds East 330.27 feet, thence North 89 degrees 34 minutes 46 seconds East 112.49 feet for a point of begin- ning; thence continues North 89 degrees 34 minutes 46 sec- onds East, 50.33 feet; thence North 00 degrees 22 minutes 00 seconds West 318.00 feet; thence North 89 degrees 38 minutes 48 seconds East, 195.00 feet to the Northwest corner of Lot 7, Block 1, Cedar Park First Subdivision; thence South 00 degrees 30 minutes 33 seconds East along the West line of said Subdivision 1,177.93 feet to the Northwest- erly, 600.28 feet, along said centerline along a nontangen- tial curve, concave to the North- east, central angle of 02 de- grees 00 minutes 03 seconds, radius of 17,186.70 feet, and chord of said curve bears North 62 degrees 08 minutes 24 sec- onds West 600.25 feet; thence North 32 degrees 10 minutes 43 seconds East, not tangent to the last described curve 341.98 feet; thence North 18 degrees 11 minutes 40 seconds East 303.59 feet to the point of be- ginning. Less and except the following described tract of real property legally described as follows, to-wit: That part of the East Half of the Northwest Quarter (E 1/2 of the NW 1/4), Section 17, Township 106 North, Range 13 West, Olmsted County, Minne- sota described as follows: Commencing at the Southwest corner of the North Northeast Quarter (NE 1/4) of said North- west Quarter (NW 1/4); thence North 01 degrees 30 minutes 01 seconds West, assumed bearing, along the West line of said Quarter Quarter (1/4 1/4) Section 343.58 feet; thence North 67 degrees 29 minutes 10 seconds East 330.27 feet; thence North 89 degrees 34 minutes 46 seconds East 112.49 feet; thence South 18 degrees 10 minutes 43 sec- onds West 341.98 feet to the centerline of County Road No. 36 as it is presently nontangen- tial curve, concave to the North- east, central angle of 00 de- grees 17 minutes 38 seconds, radius of 17,188.73 feet, and the chord of said curve bears South 61 degrees 17 minutes 10 seconds East; thence North 35 degrees 23 minutes 46 sec- onds East 229.21 feet; thence North 29 degrees 00 minutes 01 seconds East 117.03; thence North 57 degrees 23 minutes 09 seconds West 7.68 feet; thence North 29 degrees 19 minutes 56 seconds East 86.34; thence North 61 degrees 08 minutes 30 seconds West 104.81 feet to the point of be- ginning. Together with a sewage system easement as contained in Sew- age System Easement Agree- ment dated January 3, 1994, filed January 19, 1994, as document No. 676272. The street address is 2260 Marion Road S.E., Rochester, Minnesota, 55904. The parcel identification num- ber is 63-17-21-051731. AND Parcel B: Lots One (1), Two (2), Three (3), Four (4), and Five (5), Block One (1), Cedar Park First Subdivision, Olmsted County, Minnesota. The street address is N/A. Parcel identification numbers are 63-17-24-036617, 63-17-24-036618, 63-17-24-036619, 63-17-24-036620, and 63-17-21-036621. will be sold by the sheriff of said county at public auction on the 6th day of December, 2012, at 10:00 o'clock a.m., at the Olm- sted County Sheriff ’s Office lo- cated at the Law Enforcement Center, 101 4th Street S.E., in the City of Rochester in said county and state, to pay the debt then secured by said mort- gage on said premises and the costs and disbursements al- lowed by law, subject to re- demption by the mortgagors, their personal representative or assigns within six (6) months from date of sale. Transaction agent: N/A. Transaction agent’s Mortgage identification number: N/A. Mortgage originator: Brickwell Community Bank. 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 mortgagors must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not re- deemed under Section 580.23 is 11:59 p.m. on June 6, 2013. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORT- Ham radios, radio tubes, testers, receivers, amplifi- ers, reel to reels, old tools. 507-358-7549. STANDARD Poodle pups, AKC black, silver, and creme. Champion Blood- lines. Shots, dews & tails. Non-shedding, doggy door trained. $1,000. 507-273-3652. Cavalier AKC quality pups. 2 blenheim males, vet checked. Micro chipped. $700 cash. 641-581-4553 pupsf ore v er y17.com . NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS • State of Minnesota • County of Olmsted • District Court • Third Judicial District • Probate Division Court file No. 55-PR-12-6526 Estate of Terry L. Brown, Decedent It is Ordered and Notice is given that on No v ember 7, 2012 , at 9:00 A.M. , a hearing will be held in this Court at 4th Street SE, Rochester, Minne- sota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, July 19, 2011, and seperate writings under Minn. Stat. 524.2-513, dated August 14, 2012, (”Will”), and for the ap- pointment of P atr icia M. Han- sen, whose address is 10811 Viola Road NE, Viola, MN 55934 as Personal Representa- tive of the Estate of the Dece- dent in UNSUPERVISED ad- ministration. 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 Three free Calico kittens. Three months old. Please call 507-533-4330. GERMAN Shepherd pups; AKC Registered, Excellent temperaments! US/German bloodlines, Genetic guarantee. Call (715) 537-5413 www .jer land.com German Shorthair Pointer puppies: AKC registered, champion blood lines, docked tails, dew claws re- moved, & shots up to date. 1 year puppy guarantee. $600-$800. 507-951-3780. ORDINANCE NO. 4087 AN ORDINANCE AMENDING AND REENACTING SUBDIVISION 2 OF SECTION 125A.04 AND SECTION 125A.082 OF THE ROCHESTER CODE OF ORDI- NANCES, RELATING TO MICRO BREWERY AND TAPROOM ALCOHOLIC LICENSES. THE COMMON COUNCIL OF THE CITY OF ROCHES- TER DO ORDAIN: Section 1. Subdivision 2 of Section 125A.04 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: Subd. 2. 3.2 percent Malt Liquor Licenses. A. "3.2 percent Malt Liquor/On-sale" license authorizes a drugstore, restaurant, hotel, club, professional sports team, or an establishment used exclusively for the sale of 3.2 percent malt liquor with only incidental sales of to- bacco and soft drinks, to sell 3.2 percent malt liquor at retail to the public for consumption only on the licensed premises; provided that any club so licensed may only sell 3.2 percent malt liquor to its members and to bona fide guests in the company of members. B. "3.2 percent Malt Liquor/Off-Sale" license authorizes a club or other business establishment, other than an automobile service or filling station as that term is de- fined in the Zoning Code, to sell 3.2 percent malt liquor in original packages at retail to the public for consump- tion only off of the licensed premises. C. "3.2 percent Malt Liquor/On-Sale Temporary" license authorizes a club or other charitable, religious, or non-profit organization, for a term not to exceed ten consecutive days, to sell 3.2 percent malt liquor at retail to the public for consumption on the licensed premises. D. "3.2 percent Malt Liquor/Micro-Brewery" license authorizes a micro-brewery that manufactures less than 3,500 gallons of malt liquor per year to sell malt liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by Minn. Stat. §340A.301. E. "3.2 percent Malt Liquor/Brewer T aproom" license authorizes a person holding a 3.2 percent Malt Liquor/Micro-Brewery license to sell 3.2 percent malt liq- uor produced by that person for consumption on the premises of or adjacent to one brewery location owned by the person. A person may have only one Brewer T aproom license. Section 2. Section 125A.082 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 125A.082. Fees; 3.2 percent malt liquor licenses. The fees for 3.2 percent malt liquor licenses shall be as fol- lows: A. Off-sale Licenses:$36.00 per year. B. On-sale Licenses:$300.00 per year. C. Temporary On-Sale License: $30.00 per license. D. Micro-Brewery License: $36.00 per year. E. Brewer T aproom License: $300.00 per year. Section 3. This ordinance shall be effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUN- CIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 1st DAY OF October , 2012. Randy Sta v er , ACTING PRESIDENT OF SAID COMMON COUNCIL ATTEST: J udy Scherr , CITY CLERK APPROVED THIS 2nd DAY OF October , 2012. Ardell F . Brede , MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) (10/6) HIMALAYAN kittens, 10 weeks old. Very social, playful, litter trained. $200. 507-202-1240. cats NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS STATE OF MINNESOTA, COUNTY OF OLMSTED, DISTRICT COURT, PROBATE DIVISION, THIRD JUDICIAL DISTRICT Court File No. 55-PR-12-6527 Estate of Grace Helen Franz a/k/a Grace H. Franz, Decedent. It is Ordered and Notice is given that on No v ember 7, 2012 , at 9:00 a.m. , a hearing will be held in this Court at 151 Fourth Street Southeast, Roch- ester, Minnesota, for the formal probate of an instrument pur- porting to be the Will of the De- cedent dated, September 10, 2003 , and codicils to the will, dated April 22, 2009, (”Will”), and for the appointment of F red M. Ab leitner , whose ad- dress is 2612 F our th A v en ue Nor theast, Rochester , MN, 55904 as Personal Representa- tive of the Estate of the Dece- dent 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 includ- ing the power to collect all as- sets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, an to do all necessary acts for the Estate. Notice is also given that (sub- ject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to pre- sent 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. A charitable beneficiary may re- quest notice of the probate pro- ceedings be given to the Attor- ney General pursuant to Minn. Stat. 501B.41, subd. 5. Dated: October 1, 2012 (COURT SEAL) BY THE COURT The Honorable Debr a A. J acobson Judge of District Court 10/1/2012 Char les L. Kjos Court Administrator 10/1/2012 Dar la Busian Deputy Clerk Attorney for Petitioner Steven E. Rolsch Rolsch Law Offices 423 Third Avenue Southeast Post Office Box 189 Rochester, MN 55903 Attorney License No: 0155937 Telephone: (507) 280-1943 FAX: (507) 280-4283 Email: ste v e@rolschla w .com (10/6, 10/13) NOTICE OF MORTGAGE FORECLOSURE SALE Date: October 1, 2012 YOU ARE NOTIFIED THAT: 1. Default has occurred in the conditions of the Mortgage De- cember 23, 2010, executed by Susan V. Wagner, a single per- son, as mortgagor, to Wells Fargo Bank, N.A., as mortga- gee, and recorded on Decem- ber 28, 2010as Document Number A-1249482, in the of- fice of the County Recorder of OlmstedCounty, Minnesota. The land described in the Mort- gage is not registered land. 2. The original principal amount secured by the Mort- gage was $100,747.00. 3. No action or proceeding at law is now pending to recover the debt secured by the Mort- gage, or any part thereof. 4. No mortgagor has been re- leased from financial obligation on the mortgage. 5. The holder of the Mortgage has complied with all conditions 1 black male and 1 black & tan female full blood pug puppies. Parents on site. Very sociable. Farm raised. $300/ea. 507-696-7821. f/k/a Think Federal Credit Un- ion, which converted to a mu- tual savings association under the laws of the United States of America by change in charter effective July 1, 2007 Date and Place of Recording: December 7, 2004, in the Office of the County Recorder, Olmsted County, Minnesota, as Docu- ment No. A-1046587 LEGAL DESCRIPTION OF PROPERTY: Lot 21, Block 2, Mohn and Hodge Replat of Thurber’s Third Subdivision, in the City of Rochester, Olmsted County, Minnesota PHYSICAL STREET AD- DRESS: 412 18 One-Half Ave- nue SW, Rochester, MN 55902 THE TAX PARCEL INFORMA- TION NUMBER: 64.03.21.014667 COUNTY IN WHICH PROP- ERTY IS LOCATED: Olmsted ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $149,300.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, THE SUM OF ONE HUNDRED THIRTY-FIVE THOUSAND THREE HUN- DRED EIGHTY-NINE AND 92/100 ($135,389.92) DOL- LARS. That prior to the commence- ment of this mortgage foreclo- sure proceeding Mortgagee complied with all notice require- ments 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 Mort- gage, the above described property will be sold by the Sheriff of said County as fol- lows: DATE AND TIME OF SALE: November 15, 2012 at 10:00 a.m. PLACE OF SALE: Sheriff ’s Main Office Civil Division Olmsted County 101 4th Street, SE Rochester, MN to pay the debt secured by said Mortgage, as modified, and taxes, if any, on said premises and the costs and disburse- ments, including attorneys fees allowed by law, subject to re- demption within (6) months from the date of said sale by the mortgagors, their personal representatives or assigns. The redemption period may be re- duced to five weeks. If the redemption period is (6) months, you must vacate the property if the mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not re- deemed under Minn. Stat. § 580.23, by 11:59 p.m. on May 15, 2013. 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 INDENTITY OF THE ORIGINAL CREDI- TOR WITHIN THE TIME PRO- VIDED BY LAW IS NOT AF- FECTED BY THIS ACTION. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORT- GAGORS’ PERSONAL REP- RESENTATIVES OR AS- SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI- CIAL ORDER IS ENTERED UNDER MINNESOTA STAT- UTES, SECTION 582.032, DE- TERMINING, AMONG OTHER THINGS, THAT THE MORT- GAGED PREMISES ARE IM- PROVED WITH A RESIDEN- TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI- CULTURAL PRODUCTION, AND ARE ABANDONED. Dated: September 26, 2012 THINK MUTUAL BANK, Mortgagee Wendland Utz, Ltd. By_______________________ Rebecca B. Wendland Attorneys for Mortgagee 21 First Street SW, Suite 300 Rochester, MN 55902 (507) 288-5440 (9/29, 10/6, 10/13, 10/20, 10/27, 11/3) DR Y OAK : Firewood, Cut, Split, Delivered, 26+ years as local dealer. DNR certified. Satisfaction Guaranteed! 507-280-7780. www .procutfirewood.com APPLES APPLES!! Pumpkins, tomatoes & more! Pre-picked & pick your own. Wagon rides Thurs.-Sun. 9-7pm daily. Sekapp Orchard 507-282-4544. NOTICE OF MORTGAGE FORECLOSURE SALE NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of a mortgage dated April 8, 2008, executed by To- mislav Jovanovic and Mirsada Jovanovic, as mortgagor(s) to Associated Bank, N.A. as mort- gagee in the original principal amount of Two Hundred Fifty-one Thousand Nine Hun- dred Seventy-five ($251,975.00) Dollars, recorded with the Olmsted County Re- corder, State of Minnesota, on April 28, 2008, as doc. no. Tomatoes: $20 Bushel. Sweetcorn, squash, melons, and other veggies. 507-287-8839. Pick Your Own Pumpkins! Apples & Grapes Pre-Picked HoneyCrisp! Kids’ Corn Maze & Alpacas Wagon Rides Daily • Caramel Apples apple ridge orchard & vineyard AppleRidgeOrchard.com 843-3033 • Daily 9-6 Firewood Yard & Garden Sporting Goods Merchandise Wanted Public Notices Public Notices local Pets Public Notices Food Market Public Notices Bizarro / Dan Piraro Real Life Adventures / Wise and Aldrich

description

Public meetings, foreclosures and other legal notices for October 6, 2012

Transcript of Public notices for October 6, 2012

Page 1: Public notices for October 6, 2012

POST-BULLETIN • www.PostBulletin.com SATURDAY, OCTOBER 6, 2012 E7

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NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICA-TION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.NOTICE OF MORTGAGE FORECLOSURE SALE NO-TICE IS HEREBY GIVEN, that default has occurred in the con-ditions of the following de-scribed mortgage:Date of Mortgage: November 30, 2004Mortgagors: Robin M. Carlson and Kevin L. Raehsler, both single personsMortgagee, Residential Mort-gage Servicer, Lender and MortgageOriginator: Think Mutual Bank

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A-1165644; that all pre-foreclo-sure requirements have been complied with; that no action or proceeding has been instituted at law to recover any part of the debt secured by said mortgage;that there is claimed to be due thereon the sum of Two Hun-dred Sixty-one Thousand Ninety-seven and 68/100 ($261,097.68) Dollars on this date; and that pursuant to the power of sale therein the mort-gage will be foreclosed and the property in Olmsted County, Minnesota, described as fol-lows: Lot 5, Block 2, Essex Es-tates Third, Olmsted County, Minnesota.Property address: 948 London-derry Drive N.W., Rochester, MN Parcel I.D. #: 74.14.32.048284will be sold by the sheriff of said county at public auction on No-vember 9, 2012, at 10:00 o'clock A.M. at Sheriff's Office, Law Enforcement Center, 101 Fourth Street S.E., Rochester, Minnesota, to pay the debt se-cured by the mortgage, includ-ing costs and attorneys' fees al-lowed by law subject to re-demption by the mortgagor(s), their heirs or assigns, within six (6) months from the date of sale. The mortgagor(s) must vacate the property on or be-fore 11:59 p.m. on May 9, 2013, if (i) the mortgage is not reinstated under §580.30, or (ii) the property is not redeemed under §580.23.THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORT-GAGOR'S PERSONAL REP-RESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.Dated:September 14, 2012Associated Bank, National Association, MortgageeRalph L. Moore, STEIN & MOORE, P.A., Attorneys for Mortgagee, 332 Minnesota Street, #W-1650St. Paul, MN 55101 (651) 224-9683

(9/15, 9/22, 9/29, 10/6, 10/13, 10/20)

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For Sale: Male German Shepherd puppy 9 weeks old. Black/Tan, Lg boned.$1000. 563-203-0622.

Judge/s/ Charles Kjos,

Court Administrator/s/ Darla Busian,

Deputy ClerkFiled: Sept. 21, 2012Attorney for PetitionerJerome W. Perry, 8525XPerry Law Office307 Ironwood Square300 Third Avenue SERochester, MN 55904507-282-4304 (Phone)507-282-9868 (Fax)

(9/29, 10/6)

NOTICE OF MORTGAGEFORECLOSURE SALE

NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of that certain mort-gage dated April 15, 2008, exe-cuted by Grace R. Thompson, a single person; Jeffrey E.Thompson and Cynthia L.Thompson, husband and wife, as Mortgagors, to Brickwell Community Bank, as Mortga-gee, filed with the Olmsted County Recorder on April 29, 2008, as Document No.A-1165763, which Mortgage was then assigned to CorTrust Bank N.A. by an Assignment dated May 13, 2010, and filed with the Olmsted County Re-corder on May 27, 2010, as Document No. A-1230971;That any action or proceeding instituted at law to recover the debt secured by said mortgage, or any part thereof has been discontinued; that there has been compliance with all notice provisions and conditions precedent as required by law;and that the mortgagee or as-signee has elected to declare the entire sum secured by the note and mortgage to be imme-diately due and payable as pro-vided in the note and mortgage;That the original or maximum principal amount secured by the mortgage was One Million Two Hundred Five Thousand and No/100 DOLLARS ($1,205,000.00);That there is due and claimed to be due on the mortgage, in-cluding interest to date hereof, the sum of One Million Three Hundred Forty-One Thousand Seven Hundred Forty-Three and 04/100 DOLLARS ($1,341,743.04);And that pursuant to the power of sale therein contained, said mortgage will be foreclosed and the tracts of land lying and be-ing in the County of Olmsted, State of Minnesota, described as follows, to-wit:Parcel A: A part of the East Half of the Northwest Quarter (E1/2 of the NW1/4), Section 17, Township 106 North, Range 13 West, Olmsted County, Minne-sota, described as follows:Commencing at the Southwest corner of the Northeast Quarter of said Northwest Quarter (NE1/4 of the NW1/4); thence North 01 degrees 30 minutes 01 seconds West, assumed bearing along the West line of said Quarter Quarter (1/4 1/4 )

precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mort-gage, and all notice and other requirements of applicable stat-utes.6. At the date of this notice the amount due on the Mortgage, and taxes, if any, paid by the holder of the Mortgage is $103,914.54.7. Pursuant to the power of sale in the Mortgage, the Mort-gage will be foreclosed, and the land described as follows:Legal Description: Lot 8, Block 13, Northern Addition, in the City of Rochester, Olm-sted County, Minnesota will be sold by the Sheriff of Olmsted County, Minnesota, at public auction on November 29, 2012 at 10:00 a.m. at the office of the Olmsted County Sheriff, 151 Fourth Street SE, Rochester, Minnesota.8. The mortgagor must vacate the property on or before 11:59 p.m. May 29, 2013, if the mort-gage is not reinstated under Minn. Stat. Sec. 580.30, the property is not redeemed under Minn. Stat. Sec. 580.23, or the redemption period is not re-duced under section 582.032.9. The time allowed by law for redemption by Mortgagor or Mortgagor’s personal represen-tatives or assigns is 6 months after the date of sale.10. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR AS-SIGNS MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETER-MINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.11. THE RIGHT TO VERIFI-CATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY IN-FORMATION OBTAINED WILL BE USED FOR THAT PUR-POSE.Foreclosure Data required by Minn. Stat. Sec. 580.0251. Property Address: 304 9thStreet NW, Rochester, Min-nesota 559012. Transaction Agent: Not Ap-plicable3. Name of Mortgage Originator (Lender): Wells Fargo Bank, N.A.4. Residential Servicer: Wells Fargo Bank, N.A.5. Tax Parcel Identification Number: 74-35-13-0157186. Transaction Agent’s Mort-gage ID Number: Not Applica-bleWells Fargo Bank, National Association Attorneys for MortgageeJames T. Keig STEPHENSON, SANFORD & THONE, P.L.C.Suite 220, 1905 East Wayzata BoulevardWayzata, MN 55391(952) 404-21007-2870(10/6, 10/13, 10/20, 10/27, 11/3, 11/10)

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ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL

AND APPOINTMENT OF PERSONAL REPRESENTATIVEAND NOTICE TO CREDITORSSTATE OF MINNESOTA, DISTRICT

COURT -THIRD JUDICIAL DISTRICT, PROBATE DIVISION,

COUNTY OF OLMSTEDCourt File No. 55-PR-12-6340

In Re: Estate of

Kathryn O. Daniel,Decedent.

It is Ordered and Notice is hereby given that on October 24, 2012, at 9:00 a.m., a hear-ing will be held in the this Court at the Olmsted County Court-house, Rochester, Minnesota, for the formal probate of an in-strument purporting to be the will of the Decedent, dated the 17th day of April, 1981, and for the Appointment of ALEXAN-DRA J. CALDERMAN, 735 For-est Hills Drive SW, Rochester, Minnesota 55902, as personal representative of the estate of the Decedent in a UNSUPER-VISED administration. Any ob-jections 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 represen-tative 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, to sell real and personal property, and do all necessary acts for the Estate.Notice is also that (subject to Minn. Stat. §524.3-801) all creditors having claims against the Estate are required to pre-sent the claims to the personal representative or to the Court Administrator within four months after the date of this Notice or the said claims will be barred.Dated: Sept. 21, 2012

/s/ Kevin A. Lund,

FOR Sale: 2 Year old Female German Shepherd very tall friendly, $500.without papers.563-203-0622.

GAGOR'S PERSONAL REP-RESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.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 26th day of September, 2012.CorTrust Bank N.A., Mortgagee/s/ Jeff C. Braegelmann Jeff C. Braegelmann #174701GISLASON & HUNTER LLPAttorneys for CorTrust Bank N.A.2700 South BroadwayP. O. Box 458New Ulm, MN 56073-0458Phone: 507-354-3111Fax: 507-354-8447(10/6, 10/13, 10/20, 10/27, 11/3, 11/10)

BICHON Mix puppy, 11 months old, male, cream/ white in color. Needs home with no children or other animals. Prefer fenced back yard. Vet checked, shots UTD, fixed & groomed. Very cute & lov-ing. $300. 507-282-5717.

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICA-TION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.NOTICE OF MORTGAGE FORECLOSURE SALE NO-TICE IS HEREBY GIVEN, that default has occurred in the con-ditions of the following de-scribed mortgage:Date of Mortgage: December 15, 2005Mortgagors: Connie M. Chap-man and Timothy Chapman, wife and husbandMortgagee, Residential Mort-gage Servicer, Lender and Mortgage Originator: Think Mu-tual Bank f/k/a Think Federal Credit Union, which converted to a mutual savings association under the laws of the United States of America by change in charter effective July 1, 2007Date and Place of Recording: December 28, 2005, in the Office of the County Recorder, Olmsted County, Minnesota, as Docu-ment No. A-1087339LEGAL DESCRIPTION OF PROPERTY: LOT 1, LESS THE EAST 24 FEET THEREOF, CRYSTAL SPRINGS SUBDIVISION, OLMSTED COUNTY, MINNE-SOTAPHYSICAL STREET AD-DRESS: 4005 28th Street SE, Rochester, Minnesota 55904THE TAX PARCEL INFORMA-TION NUMBER:63.16.32.058727COUNTY IN WHICH PROP-ERTY IS LOCATED: Olm-stedORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$95,000.00

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AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, THE SUM OF EIGHTY-SEVEN THOUSAND NINE HUNDRED FIFTY-ONE AND 72/100 ($87,951.72) DOL-LARS.That prior to the commence-ment of this mortgage foreclo-sure proceeding Mortgagee complied with all notice require-ments 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 Mort-gage, the above described property will be sold by the Sheriff of said County as fol-lows:DATE AND TIME OF SALE:November 15, 2012 at 10:00 a.m.PLACE OF SALE: Sheriff’s Main Office Civil Division Olmsted County101 4th Street, SE Rochester, MN to pay the debt secured by said Mortgage, as modified, and taxes, if any, on said premises and the costs and disburse-ments, including attorneys fees allowed by law, subject to re-demption within (6) months from the date of said sale by the mortgagors, their personal representatives or assigns.Mortgagee intends to redeem its second mortgage recorded on November 12, 2008, in the Office of the Olmsted county Recorder as Document No.A-1183720.If the redemption period is (6) months, you must vacate the property if the mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not re-deemed under Minn. Stat. § 580.23, by 11:59 p.m. on May 15, 2013.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 INDENTITY OF THE ORIGINAL CREDI-TOR WITHIN THE TIME PRO-VIDED BY LAW IS NOT AF-FECTED BY THIS ACTION.THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORT-GAGORS’ PERSONAL REP-RESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.Dated: September 26, 2012THINK MUTUAL BANK, MortgageeWendland Utz, Ltd.By________________Rebecca B. WendlandAttorneys for Mortgagee21 First Street SW, Suite 300 Rochester, MN 55902 (507) 288-5440(9/29, 10/6, 10/13, 10/20, 10/27, 11/3)

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507-884-5745.Section, 343.58 feet; thence North 67 degrees 29 minutes 10 seconds East 330.27 feet, thence North 89 degrees 34 minutes 46 seconds East 112.49 feet for a point of begin-ning; thence continues North 89 degrees 34 minutes 46 sec-onds East, 50.33 feet; thence North 00 degrees 22 minutes 00 seconds West 318.00 feet;thence North 89 degrees 38 minutes 48 seconds East, 195.00 feet to the Northwest corner of Lot 7, Block 1, Cedar Park First Subdivision; thence South 00 degrees 30 minutes 33 seconds East along the West line of said Subdivision 1,177.93 feet to the Northwest-erly, 600.28 feet, along said centerline along a nontangen-tial curve, concave to the North-east, central angle of 02 de-grees 00 minutes 03 seconds, radius of 17,186.70 feet, and chord of said curve bears North 62 degrees 08 minutes 24 sec-onds West 600.25 feet; thence North 32 degrees 10 minutes 43 seconds East, not tangent to the last described curve 341.98 feet; thence North 18 degrees 11 minutes 40 seconds East 303.59 feet to the point of be-ginning.Less and except the following described tract of real property legally described as follows, to-wit: That part of the East Half of the Northwest Quarter (E 1/2 of the NW 1/4), Section 17, Township 106 North, Range 13 West, Olmsted County, Minne-sota described as follows:Commencing at the Southwest corner of the North Northeast Quarter (NE 1/4) of said North-west Quarter (NW 1/4); thence North 01 degrees 30 minutes 01 seconds West, assumed bearing, along the West line of said Quarter Quarter (1/4 1/4) Section 343.58 feet; thence North 67 degrees 29 minutes 10 seconds East 330.27 feet;thence North 89 degrees 34 minutes 46 seconds East 112.49 feet; thence South 18 degrees 10 minutes 43 sec-onds West 341.98 feet to the centerline of County Road No.36 as it is presently nontangen-tial curve, concave to the North-east, central angle of 00 de-grees 17 minutes 38 seconds, radius of 17,188.73 feet, and the chord of said curve bears South 61 degrees 17 minutes 10 seconds East; thence North 35 degrees 23 minutes 46 sec-onds East 229.21 feet; thence North 29 degrees 00 minutes 01 seconds East 117.03;thence North 57 degrees 23 minutes 09 seconds West 7.68 feet; thence North 29 degrees 19 minutes 56 seconds East 86.34; thence North 61 degrees 08 minutes 30 seconds West 104.81 feet to the point of be-ginning.Together with a sewage system easement as contained in Sew-age System Easement Agree-ment dated January 3, 1994, filed January 19, 1994, as document No. 676272.The street address is 2260 Marion Road S.E., Rochester, Minnesota, 55904.The parcel identification num-ber is 63-17-21-051731.ANDParcel B:Lots One (1), Two (2), Three (3), Four (4), and Five (5), Block One (1), Cedar Park First Subdivision, Olmsted County, Minnesota.The street address is N/A.Parcel identification numbers are 63-17-24-036617, 63-17-24-036618, 63-17-24-036619, 63-17-24-036620, and 63-17-21-036621.will be sold by the sheriff of said county at public auction on the 6th day of December, 2012, at 10:00 o'clock a.m., at the Olm-sted County Sheriff’s Office lo-cated at the Law Enforcement Center, 101 4th Street S.E., in the City of Rochester in said county and state, to pay the debt then secured by said mort-gage on said premises and the costs and disbursements al-lowed by law, subject to re-demption by the mortgagors, their personal representative or assigns within six (6) months from date of sale.Transaction agent: N/A.Transaction agent’s Mortgage identification number: N/A.Mortgage originator: Brickwell Community Bank.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 mortgagors must vacate the property if the mortgage is not reinstated under Section 580.30 or the property is not re-deemed under Section 580.23 is 11:59 p.m. on June 6, 2013.THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORT-

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NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL

AND APPOINTMENT OF PERSONAL

REPRESENTATIVE AND NOTICE TO CREDITORS• State of Minnesota • County of Olmsted • District Court • Third

Judicial District • Probate Division •Court file No. 55-PR-12-6526Estate of

Terry L. Brown,Decedent

It is Ordered and Notice is given that on November 7, 2012, at 9:00 A.M., a hearing will be held in this Court at 4th Street SE, Rochester, Minne-sota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, July 19, 2011, and seperate writings under Minn. Stat.524.2-513, dated August 14, 2012, (”Will”), and for the ap-pointment of Patricia M. Han-sen, whose address is 10811 Viola Road NE, Viola, MN 55934 as Personal Representa-tive of the Estate of the Dece-dent in UNSUPERVISED ad-ministration. 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

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German Shorthair Pointer puppies: AKC registered, champion blood lines, docked tails, dew claws re-moved, & shots up to date.1 year puppy guarantee.$600-$800. 507-951-3780.

ORDINANCE NO. 4087AN ORDINANCE AMENDING AND REENACTING SUBDIVISION 2 OF SECTION 125A.04 AND SECTION 125A.082 OF THE ROCHESTER CODE OF ORDI-NANCES, RELATING TO MICRO BREWERY AND TAPROOM ALCOHOLIC LICENSES.THE COMMON COUNCIL OF THE CITY OF ROCHES-TER DO ORDAIN:Section 1. Subdivision 2 of Section 125A.04 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows:Subd. 2. 3.2 percent Malt Liquor Licenses.A. "3.2 percent Malt Liquor/On-sale" license authorizes a drugstore, restaurant, hotel, club, professional sports team, or an establishment used exclusively for the sale of 3.2 percent malt liquor with only incidental sales of to-bacco and soft drinks, to sell 3.2 percent malt liquor at retail to the public for consumption only on the licensed premises; provided that any club so licensed may only sell 3.2 percent malt liquor to its members and to bona fide guests in the company of members.B. "3.2 percent Malt Liquor/Off-Sale" license authorizes a club or other business establishment, other than an automobile service or filling station as that term is de-fined in the Zoning Code, to sell 3.2 percent malt liquor in original packages at retail to the public for consump-tion only off of the licensed premises.C. "3.2 percent Malt Liquor/On-Sale Temporary" license authorizes a club or other charitable, religious, or non-profit organization, for a term not to exceed ten consecutive days, to sell 3.2 percent malt liquor at retail to the public for consumption on the licensed premises.D. "3.2 percent Malt Liquor/Micro-Brewery" license authorizes a micro-brewery that manufactures less than 3,500 gallons of malt liquor per year to sell malt liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by Minn. Stat. §340A.301.E. "3.2 percent Malt Liquor/Brewer Taproom" license authorizes a person holding a 3.2 percent Malt Liquor/Micro-Brewery license to sell 3.2 percent malt liq-uor produced by that person for consumption on the premises of or adjacent to one brewery location owned by the person. A person may have only one Brewer Taproom license.Section 2. Section 125A.082 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows:125A.082. Fees; 3.2 percent malt liquor licenses. The fees for 3.2 percent malt liquor licenses shall be as fol-lows:A. Off-sale Licenses: $36.00 per year.B. On-sale Licenses: $300.00 per year.C. Temporary On-Sale License: $30.00 per license.D. Micro-Brewery License: $36.00 per year.E. Brewer Taproom License: $300.00 per year.Section 3. This ordinance shall be effective as of the date of its publication.PASSED AND ADOPTED BY THE COMMON COUN-CIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 1st DAY OF October, 2012.

Randy Staver, ACTING PRESIDENT OF SAID COMMON COUNCILATTEST: Judy Scherr, CITY CLERK

APPROVED THIS 2nd DAY OF October, 2012.Ardell F. Brede, MAYOR OF SAID CITY

(Seal of the City of Rochester, Minnesota) (10/6)

HIMALAYAN kittens, 10 weeks old. Very social, playful, litter trained. $200.507-202-1240.

ccaattss

NOTICE AND ORDER OFHEARING ON PETITION FOR

PROBATE OF WILL AND APPOINTMENT OF PERSONAL

REPRESENTATIVE ANDNOTICE TO CREDITORS

STATE OF MINNESOTA, COUNTY OF OLMSTED, DISTRICT COURT, PROBATE DIVISION, THIRD JUDICIAL DISTRICTCourt File No. 55-PR-12-6527Estate of

Grace Helen Franz a/k/a Grace H. Franz,

Decedent.

It is Ordered and Notice is given that on November 7, 2012, at 9:00 a.m., a hearing will be held in this Court at 151 Fourth Street Southeast, Roch-ester, Minnesota, for the formal probate of an instrument pur-porting to be the Will of the De-cedent dated, September 10, 2003, and codicils to the will, dated April 22, 2009, (”Will”), and for the appointment of Fred M. Ableitner, whose ad-dress is 2612 Fourth Avenue Northeast, Rochester, MN, 55904 as Personal Representa-tive of the Estate of the Dece-dent 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 includ-ing the power to collect all as-sets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, an to do all necessary acts for the Estate.Notice is also given that (sub-ject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to pre-sent 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.A charitable beneficiary may re-quest notice of the probate pro-ceedings be given to the Attor-ney General pursuant to Minn.Stat. 501B.41, subd. 5.

Dated: October 1, 2012(COURT SEAL)

BY THE COURT

The Honorable Debra A. Jacobson

Judge of District Court10/1/2012

Charles L. KjosCourt Administrator

10/1/2012Darla BusianDeputy Clerk

Attorney for PetitionerSteven E. RolschRolsch Law Offices423 Third Avenue SoutheastPost Office Box 189Rochester, MN 55903Attorney License No: 0155937Telephone: (507) 280-1943FAX: (507) 280-4283Email: [email protected]

(10/6, 10/13)

NOTICE OF MORTGAGE FORECLOSURE SALE

Date: October 1, 2012YOU ARE NOTIFIED THAT:1. Default has occurred in the conditions of the Mortgage De-cember 23, 2010, executed by Susan V. Wagner, a single per-son, as mortgagor, to Wells Fargo Bank, N.A., as mortga-gee, and recorded on Decem-ber 28, 2010as Document Number A-1249482, in the of-fice of the County Recorder of OlmstedCounty, Minnesota.The land described in the Mort-gage is not registered land.2. The original principal amount secured by the Mort-gage was $100,747.00.3. No action or proceeding at law is now pending to recover the debt secured by the Mort-gage, or any part thereof.4. No mortgagor has been re-leased from financial obligation on the mortgage.5. The holder of the Mortgage has complied with all conditions

1 black male and 1 black & tan female

full blood pug puppies.Parents on site. Very

sociable. Farm raised.$300/ea. 507-696-7821.

f/k/a Think Federal Credit Un-ion, which converted to a mu-tual savings association under the laws of the United States of America by change in charter effective July 1, 2007Date and Place of Recording: December 7, 2004, in the Office of the County Recorder, Olmsted County, Minnesota, as Docu-ment No. A-1046587LEGAL DESCRIPTION OF PROPERTY: Lot 21, Block 2, Mohn and Hodge Replat of Thurber’s Third Subdivision, in the City of Rochester, Olmsted County, MinnesotaPHYSICAL STREET AD-DRESS: 412 18 One-Half Ave-nue SW, Rochester, MN 55902THE TAX PARCEL INFORMA-TION NUMBER:64.03.21.014667COUNTY IN WHICH PROP-ERTY IS LOCATED: OlmstedORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$149,300.00AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, THE SUM OF ONE HUNDRED THIRTY-FIVE THOUSAND THREE HUN-DRED EIGHTY-NINE AND 92/100 ($135,389.92) DOL-LARS.That prior to the commence-ment of this mortgage foreclo-sure proceeding Mortgagee complied with all notice require-ments 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 Mort-gage, the above described property will be sold by the Sheriff of said County as fol-lows:DATE AND TIME OF SALE:November 15, 2012 at 10:00 a.m.PLACE OF SALE: Sheriff’s Main Office Civil Division Olmsted County101 4th Street, SE Rochester, MN to pay the debt secured by said Mortgage, as modified, and taxes, if any, on said premises and the costs and disburse-ments, including attorneys fees allowed by law, subject to re-demption within (6) months from the date of said sale by the mortgagors, their personal representatives or assigns. The redemption period may be re-duced to five weeks.If the redemption period is (6) months, you must vacate the property if the mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not re-deemed under Minn. Stat. § 580.23, by 11:59 p.m. on May 15, 2013.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 INDENTITY OF THE ORIGINAL CREDI-TOR WITHIN THE TIME PRO-VIDED BY LAW IS NOT AF-FECTED BY THIS ACTION.THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORT-GAGORS’ PERSONAL REP-RESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.Dated: September 26, 2012THINK MUTUAL BANK,MortgageeWendland Utz, Ltd.By_______________________Rebecca B. WendlandAttorneys for Mortgagee21 First Street SW, Suite 300 Rochester, MN 55902 (507) 288-5440(9/29, 10/6, 10/13, 10/20, 10/27, 11/3)

DRY OAK: Firewood, Cut, Split, Delivered, 26+

years as local dealer.DNR certified. Satisfaction

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APPLES APPLES!! Pumpkins, tomatoes &

more! Pre-picked & pick your own. Wagon rides Thurs.-Sun. 9-7pm daily.

Sekapp Orchard 507-282-4544.

NOTICE OF MORTGAGE FORECLOSURE SALE

NOTICE IS HEREBY GIVEN, that default has occurred in the conditions of a mortgage dated April 8, 2008, executed by To-mislav Jovanovic and Mirsada Jovanovic, as mortgagor(s) to Associated Bank, N.A. as mort-gagee in the original principal amount of Two Hundred Fifty-one Thousand Nine Hun-dred Seventy-five ($251,975.00) Dollars, recorded with the Olmsted County Re-corder, State of Minnesota, on April 28, 2008, as doc. no.

Tomatoes: $20 Bushel.Sweetcorn, squash,

melons, and other veggies.507-287-8839.

Pick Your Own Pumpkins!Apples & Grapes

Pre-Picked HoneyCrisp!• Kids’ Corn Maze & Alpacas

• Wagon Rides Daily• Caramel Apples

apple ridgeorchard

& vineyard

AppleRidgeOrchard.com843-3033 • Daily 9-6 Firewood

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Page 2: Public notices for October 6, 2012

E8 SATURDAY, OCTOBER 6, 2012 POST-BULLETIN • www.PostBulletin.com

• • • • • • • •

FOR CONVENIENT HOME DELIVERY, CALL507-285-7676

or 800-562-1758 Mon.-Fri. 8-6:30

Sat. 8-3

www.postbulletin.com

HOMES.POSTBULLETIN.COMThe online resource to homes for sale in Southeast Minnesota, featuring listings from:

Bigelow Homes, Century 21 Realty, Coldwell Banker At Your Service Realty, Coldwell Banker

Burnet, Counselor Realty, Edina Realty, Elcor Realty of Rochester Inc., Keller Williams, New

World Realty, Property Brokers of Minnesota, Prudential Lovejoy Realty and Realty Executives.

Houghton’s Auction Service Red Wing, MNMark has collected for over 25 years and now is moving into a smaller place; therefore he will have a public auction. LOCATION is at the VFW in Zumbrota, MN. (Watch for Houghton's auction signs.)

500 PIECES OF RED WING POTTERY(all in excellent condition)

RW Hamm's bear bank – MN Twins World Series ashtray – (5) Hamm's bowls – Gopher and badger on football – Sewer pipe samples – Post office boxes – Canoe planter, 3 sizes – Birch bark vases – MN Centennial trivets – Rumrill – Ash receivers – Queen of Hearts vase – Trader Vic – Chickens, all colors – Chicken vases – Jolly jars – Approx. 50 cookie jars, including bakers, monks, ball, carousel, roundup, Bob White, happy the children, grapes, pears, apples, bananas – Bob White water cooler – Tampico water cooler – Good assort. of Georgia Rose – Good assort. of magnolia – Teapots – Animal planters – Pianos – Town and country – Kermis – Large assort. of dinnerware pieces and serving pieces – 20 gal. RW crock – Madonnas – Large assort. of art pottery – Planters and vases – RW Brewery bottle – Shirley Temple pitcher – MN Centennial glass pieces – Decorative swords – Buffet – Newer table and 6 chairs – Plus many more items.

BOAT, JET SKI, TOOLS, APPLIANCES &RELATED ITEMS

(selling in second ring outside at 10 a.m.)1996 Sea Doo boat, inboard engine (new engine) w/trailer – Arctic Cat Tiger Shark jet ski w/trailer – 2002 Arctic Cat 450, 4x4 ATV – Kenmore side-by-side refrigerator, ice and water in door (approx. 9 yrs. old) – Kenmore elec. stove – Battery oper-ated mobility wheel chair – Toro S120 snow thrower – Snow Chief snow thrower – 6x8 2-wheel trailer w/removable wood sides – Assort. of hand tools and hand power tools (many like new) – Lawn and garden tools – 13' Alum. folding ladder – Alum. ext. ladder – Air compressor – 12-spd. bike – Brinkman SS gas grill – New elec. grill – New 10' quick set pool – Shelves – Plus much more related items.

AUCTIONEER'S NOTE: Make your plans to attend. A great selection of very nice RW pottery and tools. Lunch and rest-rooms available.TERMS: Cash, bankable check, credit cards.

Mark Anwaywww.houghtonauctions.com

Todd Houghton, MN Lic. #25-47, WI Lic. #181Red Wing, MN - 651-764-4285

Brian Sander, Lic. #25-89, Red Wing, MN - 651-301-2344

651-388-5346www.houghtonauctions.com

Sat., October 13, 20129 A.M.

10

06

66

85

50

P

10

06

66

87

62

PNOTE: Auction to be held at the Stewartville, MN American Legion Club Rooms located at the north edge of Stewartville on Hwy. 63 - 1100 2nd Ave. NW.

AUCTIONEER'S NOTE: To settle the estate of Agnes Theel the following exceptional 159.55+/- acre farm will be auctioned. Make plans to purchase this highly productive property.Go to www.tmracompany.com for more information.

94.5 - CROP PRODUCTIVITY INDEX - 94.5East Part of High Forest Township

There are approximately 130.6 very productive tillable acres on this farm that will certainly make an outstanding contribution to any farming operation. Ostrander, Kenyon, Port Byron soils accompanied with obviously other great soils assures you that this is "good land!" All located in Section 1 T.104-105N.R.14W. Being the NE1/4.

OPEN VIEWING DATESSaturday, October 20 – 10 a.m. - noonFriday, November 2 – 10 a.m. - noon

or by appointment 507-259-7502

TERMS OF SALE: Property shall be offered in its entire-ty, 159.55+/- acres. The successful pur-chaser shall deposit day of auction 20% down of full con-tract purchase price in the form of non-refundable earnest money. There will be a 4% buyer's fee used at this auc-tion to procure full contract purchase price. The balance shall be due and payable upon clos-

ing on or before December 10, 2012. All announcements made day of auction shall take precedence over any previous statements oral or written. Buyers shall do their "own due diligence" regard-ing all aspects of the purchase of the subject property.

For more information go to: www.tmracompany.com.

START TIME: 10 A.M.Sat., Nov. 10, 2012

AUCTIONFARM LOCATION: 6446 20th Ave. SE, Rochester, MN 55904.Land is located just minutes off Hwy. 63 on Co. Rd. 16 east (airport exit) 2 miles, then north on 20th Ave. ¼ mile.

HIGHLY PRODUCTIVE 159.55 ACREOLMSTED COUNTY - MINNESOTA

Agnes Theel Estate ownerRussel L. Theel, Personal Representative

TONY MONTGOMERY REALTY AND AUCTION CO.

TONY MONTGOMERY REALTY AND AUCTION CO.

Tony Montgomery Realty & Auction Co. – More Than 25 Years Experience –

MN Lic. #79-06 WI Lic. #639-052 www.tmracompany.com

100666

8907P

ORDINANCE NO. 4089AN ORDINANCE REZONING APPROXIMATELY 2.68 ACRES OF LAND FROM THE H ZONING DISTRICT TO THE M-2 ZONING DISTRICT, AND AMENDING ORDINANCE NO. 2785, KNOWN AS THE ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL OF THE CITY OF ROCHESTER, MINNESOTA.THE COMMON COUNCIL OF THE CITY OF ROCHES-TER DO ORDAIN:Section 1. Upon public hearing duly noticed and held, Ordinance No. 2785 as amended, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, is hereby further amended as follows:The Zoning Map of the City of Rochester as adopted by said Ordinance No. 2785 establishing the various zon-ing districts and boundaries thereof is amended by re-zoning the following described lands to the district indi-cated:M-2That part of the Northwest Quarter of the Northwest Quarter of Section 24, Township 107 North, Range 14 West, Olmsted County, Minnesota, described as fol-lows:Commencing at the southeast corner of said Northwest Quarter of the Northwest Quarter; thence northerly on a Minnesota State Plane Grid Azimuth from north of 359 degrees 18 minutes 49 seconds along the east line of said Northwest Quarter of the Northwest Quarter 66.42 feet to the point of beginning; thence westerly 268 de-grees 26 minutes 55 seconds azimuth 368.51 feet;thence northerly 359 degrees 21 minutes 55 seconds azimuth 355.30 feet; thence easterly 88 degrees 26 minutes 55 seconds azimuth 368.19 feet to the east line of said Northwest Quarter of the Northwest Quarter;thence southerly 179 degrees 18 minutes 49 seconds azimuth along said east line 355.30 feet to the point of beginningEXCEPT the easterly 40.00 feet thereof.Said tract contains 2.68 acres more or less.Section 2. EFFECTIVE DATE. This ordinance shall be-come effective upon the date of its publication.

PASSED AND ADOPTED BY THE COMMON COUN-CIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 1st DAY OF October, 2012.

Randy Staver, ACTING PRESIDENT OF SAID COMMON COUNCILATTEST: Judy Scherr, CITY CLERK

APPROVED THIS 2nd DAY OF October, 2012.Ardell F. Brede, MAYOR OF SAID CITY

(Seal of the City of Rochester, Minnesota) (10/6)

As a public service, the Post-Bulletin will run a

daily listing of auction & estate sales. Every effort

will be made to publish the calendar daily, however if

space does not permit, the calendar will be omitted, or

the latest listings will be omitted. The list is

compiled from display auction and estate

advertisements which have been or will run in this

classification. 6 inch (and greater) ads get a free listing on the auction

calendar. Listing includes date of the sale, the seller,

location, time, and date(s).

����������������October 6 - Antique Auction 9 AM; Omlsted County Fairgrounds, Rochester, MN; Listing 9/22, 9/29October 6 - Davis and Ahern family Moving Auction. 9:30 AM, Kel-log MN. Listing10/3.October 6 - Charles Labisky, Plainview, MN;10:00 AM; Listing: 9/22, 10/3.October 7 - Bob & Jill

Mathews, Pine Island, MN; 12:00 Noon; List-ing: 9/29.October 7 - Coin An-tique, Tool, Household Auction. 9 AM Spring Valley. Listing: 10/3.October 13 - Mark An-way, Zumbrota, MN;9:00 AM; Listing: 10/6October 13 - Antique furniture auction. 10:00 AM; Rochester, MN.Listing: 10/8.October 14 - Antique, tool, household auction.9 AM Spring Valley.Listing: 10/14.October 20 - Eilert & Arlene Mueller, Zum-brota, MN; 8:30 AM;Listing: 10/13October 20 - Bobby Al-brecht, Lake City, MN;10:00 AM; Listing:10/10October 27-28 - 2 day Antique, Tool, Gun, Household Auction. Dr.Robert & Doris Jensen.9:00 AM, Spring Valley.Listing 10/21.November 1 - Terry J.Stuhr, Frontenac, MN;6:00 PM; Listing: 10/20, 10/27

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Home?

Check outhomes.

postbulletin.comListings and agents are included from:

Bigelow Homes

Century 21

Coldwell BankerAt Your Service Realty

Coldwell BankerBurnet

Counselor Realty Rochester

Edina Realty

Elcor Realty of Rochester Inc.

Keller Williams

New World Realty

Property Brokers of Minnesota

Prudential Lovejoy Realty

Realty ExecutivesTop Results!

ORDINANCE NO. 4088AN ORDINANCE REZONING APPROXIMATELY 1.71 ACRES OF LAND FROM THE M-1 ZONING DISTRICT TO THE M-2 ZONING DISTRICT, AND AMENDING ORDINANCE NO. 2785, KNOWN AS THE ZONING ORDINANCE AND LAND DEVELOPMENT MANUAL OF THE CITY OF ROCHESTER, MINNESOTA.THE COMMON COUNCIL OF THE CITY OF ROCHES-TER DO ORDAIN:Section 1. Upon public hearing duly noticed and held, Ordinance No. 2785 as amended, known as the Zoning Ordinance and Land Development Manual of the City of Rochester, Minnesota, is hereby further amended as follows:The Zoning Map of the City of Rochester as adopted by said Ordinance No. 2785 establishing the various zon-ing districts and boundaries thereof is amended by re-zoning the following described lands to the district indi-cated:M-2Lot 1, Block 1, Learning Center Subdivision, Rochester, Minnesota.Said tract contains 1.71 acres more or less.Section 2. EFFECTIVE DATE. This ordinance shall be-come effective upon the date of its publication.PASSED AND ADOPTED BY THE COMMON COUN-CIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 1st DAY OF October, 2012.

Randy Staver, ACTING PRESIDENT OF SAID COMMON COUNCIL

ATTEST: Judy Scherr, CITY CLERKAPPROVED THIS 2nd DAY OF October, 2012.

Ardell F. Brede, MAYOR OF SAID CITY

(Seal of the City of Rochester, Minnesota) (10/6)

stated or the property re-deemed, or unless the time for redemption is reduced by judi-cial order, you must vacate the premises by 11:59 p.m. on May 16, 2013.MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGA-TION ON MORTGAGE: NONE“THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.”Dated: September 27, 2012WELLS FARGO BANK, N.A.MortgageeREITER & SCHILLER, P.A.By: /s/Rebecca F. Schiller, Esq.Sarah J.B. Adam, Esq.N. Kibongni Fondungallah, Esq.James J. Pauly, Esq.Steven R. Pennock, Esq.Curt N. Trisko, Esq.Attorneys for Mortgagee25 North Dale StreetSt. Paul, MN 55102-2227(651) 209-9760(WF1567)THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALEFORECLOSURE DATAMinn. Stat. § 580.025

(1) Street Address, City and Zip Code of Mortgaged Prem-

NOTICE OF INFORMALPROBATE OF WILL

AND APPOINTMENT OF PERSONAL

REPRESENTATIVEAND NOTICE TO

CREDITORSSTATE OF MINNESOTA, COUNTY OF OLMSTED, DISTRICT COURT, THIRD JUDICIAL DISTRICT

Probate DivisionCourt File No. 55-PR-12-6324

In Re: Estate ofWILLIAM ARCHIE MCFARLAND aka WILLIAM A. MCFARLAND aka WILLIAM MCFARLAND and BILL MCFARLAND

Deceased.

TO ALL INTERESTED PERSONS AND CREDITORS:

Notice is given that an applica-tion for informal probate of the above named decedent’s Last Will dated January 19, 2012 has been filed with the Regis-trar. The application has been granted.Notice is also given that the Registrar has informally ap-pointed Kathleen Anne McFar-land, whose address is 4934 Highway 247 NE, Elgin, MN 55932, as personal representa-tive of the estate of the dece-dent. Any heir, devisee, or other interested person may be entitled to appointment as per-sonal representative or may ob-ject to the appointment of the personal representative. Unless objections are filed with the Court (pursuant to Minn. Stat.§524.3-607) and the Court oth-erwise orders, the personal rep-resentative 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 dis-tribute real estate.Any objections to the probate of the Will or 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 (sub-ject to Minn. Stat. §524.3-801) all creditors having claims against said estate are required to present the claims to the per-sonal representative or to the Court Administrator within four months after the date of this no-tice, or said claims will be barred.Dated: September 20, 2012

Charles L. KjosCOURTADMINISTRATOR

/s/ Darla J. BusianDarla J. Busian

Probate RegistrarFiled: Sept. 20, 2012Steven L. Erwin; #2756XAttorney at LawP.O. Box 426Plainview, MN 55964Telephone: (507) 534-3828

(9/29, 10/6)

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NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICA-TION 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 de-scribed mortgage:DATE OF MORTGAGE: May 15, 2002ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$109,038.00

MORTGAGOR(S): Brian D.Ellanson, a single person

MORTGAGEE: Wells Fargo Home Mortgage, Inc., a Califor-nia corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc.

DATE AND PLACE OF FIL-ING: Filed June 12, 2002 Olm-sted County Recorder; Docu-ment No. A-921215

ASSIGNMENTS OF MORT-GAGE: Assigned to: US Bank National Association, as Trus-tee for GSMPS 2005-RP3by written assignment recorded on July 18, 2011 as Document

ises: 5731 Kingsbury Street NW, Rochester, MN 55901-1101(2) Transaction AgentWells Fargo Bank, N.A.(3) Name of Mortgage Origi-nator (Lender): Wells Fargo Bank, N.A.(4) Residential ServicerWells Fargo (800) 416-1472(5) Tax Parcel Identification Number: 741821063355(6) Transaction Agent’s Mort-gage ID Number (MERS num-ber): none(9/29, 10/6, 10/13, 10/20, 10/27, 11/3)

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICA-TION 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 de-scribed mortgage:DATE OF MORTGAGE: Janu-ary 19, 2010ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$163,800.00MORTGAGOR(S): Cynthia M.Ray, a single personMORTGAGEE: Southeast Min-nesota Mortgage, LLC, a Dela-ware Limited Liability CompanyDATE AND PLACE OF FILING:Filed January 29, 2010 Olm-sted County Recorder; Docu-ment No. A1222351 ASSIGNMENTS OF MORT-GAGE: Assigned to: Wells Fargo Bank, N.A, by written as-signment recorded on January 29, 2010 as Document Number A1222352LEGAL DESCRIPTION OF PROPERTY:Lot 8, Block 2, Elton Hills North Third SubdivisionSTREET ADDRESS OF PROPERTY:1007 Chalet Drive NW , Roch-ester, MN 55901COUNTY IN WHICH PROP-ERTY IS LOCATED: Olmsted County, MinnesotaTHE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NO-TICE: $163,727.76THAT no action or proceeding has been instituted at law to re-cover 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 appli-cable statutes;PURSUANT, to the power of sale contained in said mort-gage, the above described property will be sold by the Sheriff of said county as fol-lows:DATE AND TIME OF SALE:October 26, 2012 at 10:00a.m.PLACE OF SALE: Olmsted County Sheriff’s office, 101 Fourth Street SE, Rochester, Minnesotato 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 mortga-gor(s), their personal represen-tatives or assigns is six (6)

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICA-TION 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 de-scribed mortgage:DATE OF MORTGAGE: June 25, 2007ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:$174,769.00MORTGAGOR(S): Michael D.Scrabeck and Jessica L. Scra-beck, husband and wifeMORTGAGEE: Wells Fargo Bank, N.A.DATE AND PLACE OF FILING:

Filed July 9, 2007 Olmsted County Recorder; Document No. A-1140372 ASSIGNMENTS OF MORT-GAGE: Assigned to: noneLEGAL DESCRIPTION OF PROPERTY: Lot 9, Block 2, Kingsbury Hills Second Subdi-visionSTREET ADDRESS OF PROPERTY: 5731 Kingsbury Street NW, Rochester, MN 55901-1101COUNTY IN WHICH PROP-ERTY IS LOCATED: Olmsted County, MinnesotaTHE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NO-TICE: $163,014.60THAT no action or proceeding has been instituted at law to re-cover 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 appli-cable statutes;PURSUANT, to the power of sale contained in said mort-gage, the above described property will be sold by the Sheriff of said county as fol-lows:DATE AND TIME OF SALE:November 16, 2012 at 10:00 a.m.PLACE OF SALE: Olmsted County Sheriff’s office, 101 Fourth Street SE, Rochester, Minnesotato 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 mortga-gor(s), their personal represen-tatives or assigns is six (6) months from the date of sale.Unless said mortgage is rein-

months from the date of sale.Unless said mortgage is rein-stated or the property re-deemed, or unless the time for redemption is reduced by judi-cial order, you must vacate the premises by 11:59 p.m. on April 26, 2013.MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGA-TION ON MORTGAGE:CYNTHIA M. RAY“THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.”Dated: August 30, 2012WELLS FARGO BANK, N.A.MortgageeREITER & SCHILLER, P.A.By: /s/Rebecca F. Schiller, Esq.Sarah J.B. Adam, Esq.N. Kibongni Fondungallah, Esq.James J. Pauly, Esq.Brian F. Kidwell, Esq.Steven R. Pennock, Esq.Curt N. Trisko, Esq.Attorneys for Mortgagee25 North Dale StreetSt. Paul, MN 55102-2227(651) 209-9760(WF1043)THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALEFORECLOSURE DATAMinn. Stat. § 580.025

(1) Street Address, City and Zip Code of Mortgaged Prem-ises: 1007 Chalet Drive NW, Rochester, MN 55901(2) Transaction Agent: South-east Minnesota Mortgage, LLC, a Delaware Limited Liability Company(3) Name of Mortgage Origi-nator (Lender): Southeast Min-nesota Mortgage, LLC, a Dela-ware Limited Liability Company(4) Residential ServicerWells Fargo 800-416-1472(5) Tax Parcel Identification Number: 74.23.23.007244(6) Transaction Agent’s Mort-gage ID Number (MERS num-ber): none(9/1, 9/8, 9/15, 9/22, 9/29, 10/6)

Number A-1263849, in the Of-fice of the County Recorderof OlmstedCounty, Minnesota.LEGAL DESCRIPTION OF PROPERTY:Lot 2, Block 3, Barck and Merz Addition, in the City of Roches-terSTREET ADDRESS OF PROPERTY:1606 3rd Avenue NE , Roches-ter, MN 55906-4119

COUNTY IN WHICH PROP-ERTY IS LOCATED: Olmsted County, MinnesotaTHE AMOUNT CLAIMED TO

BE DUE ON THE MORTGAGE ON THE DATE OF THE NO-TICE: $93,865.92THAT no action or proceeding has been instituted at law to re-cover 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 appli-cable statutes;PURSUANT, to the power of sale contained in said mort-gage, the above described property will be sold by the Sheriff of said county as fol-lows:

DATE AND TIME OF SALE:November 16, 2012 at 10:00 a.m.

PLACE OF SALE: Olmsted County Sheriff’s office, 101 Fourth Street SE, Rochester, Minnesotato pay the debt then secured

by said mortgage and taxes, if any actually paid by the mort-gagee, on the premises and the costs and disbursements al-lowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.Unless said mortgage is rein-

stated or the property re-deemed, or unless the time for redemption is reduced by judi-cial order, you must vacate the premises by 11:59 p.m. on May 16, 2013.MORTGAGOR(S) RELEASED

FROM FINANCIAL OBLIGA-TION ON MORTGAGE: NONE“THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR AS-SIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDI-CIAL ORDER IS ENTERED UNDER MINNESOTA STAT-UTES, SECTION 582.032, DE-TERMINING, AMONG OTHER THINGS, THAT THE MORT-GAGED PREMISES ARE IM-PROVED WITH A RESIDEN-TIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRI-CULTURAL PRODUCTION, AND ARE ABANDONED.”Dated: September 20, 2012US BANK NATIONAL ASSO-CIATION, AS TRUSTEE FOR GSMPS 2005-RP3MortgageeREITER & SCHILLER, P.A.By: /s/Rebecca F. Schiller, Esq.Sarah J.B. Adam, Esq.N. Kibongni Fondungallah, Esq.James J. Pauly, Esq.Steven R. Pennock, Esq.Curt N. Trisko, Esq.Attorneys for Mortgagee25 North Dale StreetSt. Paul, MN 55102-2227(651) 209-9760(WF0994)THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

NOTICE OF MORTGAGE FORECLOSURE SALEFORECLOSURE DATAMinn. Stat. § 580.025

(1) Street Address, City and Zip Code of Mortgaged Prem-ises: 1606 3rd Avenue NE, Rochester, MN 55906-4119(2) Transaction AgentWells Fargo Home Mortgage, Inc., a California corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc.(3) Name of Mortgage Origi-nator (Lender): Wells Fargo Home Mortgage, Inc., a Califor-nia corporation, n/k/a Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc.(4) Residential ServicerWells Fargo 800-416-1472(5) Tax Parcel Identification Number: 74.25.33.001892(6) Transaction Agent’s Mort-gage ID Number (MERS num-ber): none(9/22, 9/29, 10/6, 10/13, 10/20, 10/27)

ANTIQUEFURNITURE

AUCTIONSat., Oct. 13, 10 AM

Olmsted County Fairgrounds on Hwy 63

in Rochester 1,000

Pressed Back chairs(from former Granny’s Antiques in Mazeppa)

also tables, cupboards, commodes and all sorts

of other furniture.

GORDY & GRANNY KRANZ: OWNERS

AUCTIONEER:ED KUHLMAN MN LIC # 66-30

to administer the Estate, includ-ing the power to collect all as-sets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.Notice is also given that (sub-ject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to pre-sent 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: October 1, 2012(COURT SEAL)

By the CourtThe honorable

Debra A. Jacobson,Judge of District Court

Charles L. Kjos,Court AdministratorBy: Darla J Busian

Deputy ClerkAttorney for PetitionerWilliam P. VolkmarDunlap & Seeger206 South BroadwayRochester, MN, 55904Attorney License No: 113104Telephone (507)288-9111FAX: (507)288-9342Email:[email protected]

(10/6, 10/13)

FOR SALE: 2000 Haul-mark Enclosed Trailer.

Trailer and bid details can be found at www.desch.org under Quick Links or call 507-545-2125 or email [email protected].

(10/6, 10/13)

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