Legals october 1, 2014 by Belle Plaine Herald

BELLE PLAINE HERALD, BELLE PLAINE, MINNESOTA

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Legal Notices CITY OF BELLE PLAINE PUBLIC NOTICE The Belle Plaine Planning and Zoning Commission will conduct a public hearing on Monday, October 13, 2014 at 7:05 p.m., or as soon thereafter as persons may reasonably be heard, and the Belle Plaine City Council will also conduct a public hearing on Monday, October 20, 2014 at 6:35 p.m., or as soon thereafter as persons may reasonably be heard, at City Hall, 218 North Meridian Street, Belle Plaine, MN 56011. The purpose of the hearings is to receive and consider public comment on a request by Dusty Hemaver and Katie Olson, 130 West Main Street, Belle Plaine, MN, for a non-conforming expansion permit to allow the expansion of an existing detached garage in the B-3, Central Business District. The property is legally described as Lots 16-18, Block 92, City of Belle Plaine original plat. All oral and written comments will be heard at this time or may be mailed or delivered to the City of Belle Plaine, 218 North Meridian Street, P.O. Box 129, Belle Plaine, MN 56011. Dated this 26th day of September, 2014. Chelsea Alger Community Development Director Published in the Belle Herald on Wednesday, October 1, 2014.

NOTICE OF PUBLIC HEARING FOR REZONING You are hereby notified that a hearing will be held by the Scott County Planning Advisory Commission in the County Board Room, of the Scott County Government Center, 200 Fourth Avenue West, Shakopee, Minnesota on: October 13, 2014 at 6:30 PM PURPOSE OF HEARING: To consider application for Rezoning of Robert J. Pexa SUBJECT SITE LOCATION: Part of the Northwest Quarter of Section 23, Township 113, Range 22, Cedar Lake Township Property Address: 4350 260 ST E REQUESTED ACTION: Rezoning (#781-R-4) of 8 acres from Rural Residential Reserve District, RR-1, to Rural Residential Reserve Cluster District, RR-1C. Further information regarding the above mentioned project including site drawings and relevant Zoning Ordinance requirements will be available, after 10/3/2014, on the Scott County web site, www. co.scott.mn.us. Please go to Your County Government, Boards and Commissions, Planning Advisory Commission, Planning Advisory Commission Agenda 10/13/2014, and click on the project item. If you would like to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Department. For more information, contact the Scott County Planning Department at 496-8475. Published in the Belle Plaine Herald on Wednesday, October 1, 2014.

STATE OF MINNESOTA COUNTY OF SCOTT FIRST JUDICIAL DISTRICT DISTRICT COURT PROBATE DIVISION Court File No.: 70-PR-14-14564 NOTICE of informal probate of will and appointment of personal representative and notice to creditors Estate of Martin S. Trence, Decedent. Notice is given than an application for informal probate of the Decedent's Will, dated 4/23/2013 under Minn. Stat. 524.2-513, has been filed with the Registrar. The application has been granted. Notice is also given that the Registrar has informally appointed Peter G. Trence, whose address is 25767 Panama Avenue, Webster, MN 55088 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 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 (subject to Minn. State. 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. A charitable beneficiary may request notice of the probate proceedings be given to the Attorney General pursuant to Minn. Stat. 501B.41, subd. 5. Dated: Sept. 12, 2014 Filed in Scott County Courts

September 12, 2014 Heather M. Kendall, Registrar, Delores A. Beussman, Deputy Court Administrator Attorney for Applicant Gregory A. Kvam Briggs and Morgan, P.A. 332 Minnesota St., #W2200 St. Paul, MN 55101 Attorney License No: 5916X Telephone: (651) 808-6609 Fax: (651) 808-6450 Email: gkvam@briggs.com Published in the Belle Plaine Herald on Wednesdays, September 24 and October 1, 2014.

NOTICE OF PUBLIC HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that a hearing will be held by the Scott County Planning Advisory Commission in the County Board Room, of the Scott County Government Center, 200 Fourth Avenue West, Shakopee, Minnesota on: October 13, 2014 at 6:40 PM PURPOSE OF HEARING: To consider application to Amend Conditional Use Permit of DemCon Landfill SUBJECT SITE LOCATION: Block 1, Lot 1, Pahls 6th Addition, Section 21, Township 115, Ranbe 23, Louisville Property Address: 13161 Dem Con Dr REQUESTED ACTION: Amend Conditional Use Permit (#747-C-8) to allow vertical expansion of the existing landfill. Further information regarding the above mentioned project including site drawings and relevant Zoning Ordinance requirements will be available, after 10/3/2014, on the Scott County web site, www. co.scott.mn.us. Please go to Your County Government Boards and Commissions, Planning Advisory Commission, Planning Advisory Commission Agenda 10/13/2014, and click on the project item. If you would like to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Department. For more information, contact the Scott County Planning Department at 496-8475. Published in the Belle Plaine Herald on Wednesday, October 1, 2014.

NOTICE OF PUBLIC HEARING FOR REZONING AND PRELIMINARY PLAT You are hereby notified that a hearing will be held by the Scott County Planning Advisory Commission in the County Board Room, of the Scott County Government Center, 200 Fourth Avenue West, Shakopee, Minnesota on: October 13, 2014 at 6:35 PM PURPOSE OF HEARING: To consider application for Rezoning and Preliminary Plat of Roach Acres, Kevin Roach, applicant SUBJECT SITE LOCATION: Part of the West Half of Section 22, Township 114, Range 22, Spring Lake Township Property Address: 19375 Fairlawn Ave REQUESTED ACTION: Rezoning (#782-R-11) of 5.11 acres from Rural Residential Reserve District, RR-1, to Rural Residential Single Family District, RR-2, and Preliminary Plat of Roach Acres consisting of 1 lot on 4.41 acres. Further information regarding the above mentioned project including site drawings and relevant Zoning Ordinance requirements will be available, after 10/3/2014, on the Scott County web site, www. co.scott.mn.us. Please go to Your County Government, Boards and Commissions, Planning Advisory Commission, Planning Advisory Commission Agenda 10/13/2014, and click on the project item. If you would like to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Department. For more information, contact the Scott County Planning Department at 496-8475. Published in the Belle Plaine Herald on Wednesday, October 1, 2014.

notice of sale The personal property described as follows, to-wit: 2005 Subaru Legacy Outback, VIN #4S4BP61C057302981, will be sold at public auction by the Sheriff of Scott County on the 15th day of October, 2014, at 11:00 a.m., at 6400 260th Street East, Elko, Minnesota 55020, County of Scott, State of Minnesota, to pay and satisfy a lien which is claimed to be due thereon from Christopher Ryan Kallal as the owner thereof to Margaret Ann Kallal in the sum of $6,947.34 Dollars computed to the last day of said sale, exclusive of the expenses of said sale and of the advertising thereof, together with the necessary expenses of advertising and making said sale; and that the grounds of said lien are as follows, to wit: payment for vehicle repairs on or about September 29, 2012. Terms of sale are cash. Dated: September 8, 2014 Wornson, Goggins, Zard, Neisen, Morris & Brever, PC for Margaret Ann Kallal 119 East Main Street New Prague, MN 56071 952-758-4161 Published in the Belle Plaine Herald on Wednesdays, September 17, 24 and October 1, 2014.

NOTICE OF PUBLIC HEARING FOR VARIANCE You are hereby notified that a hearing will be held by the Scott County Board of Adjustment in the County Board Room, of the Scott County Government Center, 200 Fourth Avenue West, Shakopee, Minnesota on: October 13, 2014 at 6:30 PM PURPOSE OF HEARING: To consider application for Variance of Copper Creek, LLC, Jon and Gail Haferman, applicants SUBJECT SITE LOCATION: BEN’S BAY Lot 9, Section 27, Township 114, Range 22, Spring Lake Township Property Address: 3155 Fairlawn LN REQUESTED ACTION: Variance (#1580-V-11) from the required 25’ structure setback to the road right-of-way to 21’ to construct a garage Further information regarding the above mentioned project including site drawings and relevant Zoning Ordinance requirements will be available, after 10/3/2014, on the Scott County web site, www.co.scott.mn.us. Please go to Your County Government, Boards and Commissions, Board of Adjustment, Board of Adjustment Agenda 10/13/2014, and click on the project item. If you would like to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Department. For more information, contact the Scott County Planning Department at 496-8475. Published in the Belle Plaine Herald on Wednesday, October 1, 2014.

JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS THAT MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED. Dated: 08/19/2014 Planet Home Lending, LLC fka Green Planet Servicing, LLC, Mortgagee/Mortgage Assignee Klatt, Odekirk, Augustine, Sayer, Treinen & Rastede, P.C., By Brian G. Sayer, Attorney for Mortgagee/ Mortgage Assignee 925 E. 4th Street, Waterloo, IA 50703 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Published in the Belle Plaine Herald on Wednesdays, August 27 and September 3, 10, 17 and 24 and October 1, 2014.

jessenland township board RE: Farming in the road right-of-way (ROW) The Board of Supervisors has observed some instances where tillage is being done in the ROW. The ROW extends two rods (33 feet) either side of the center of the road and exists in order that the roads may be properly maintained for the benefit of all who use them. Roadside mowing in the ROW is permitted, for the purpose of weed control or making hay, but tillage or crop production is not permitted (M.S.160.2715) as it may adversely affect road structure and maintenance. Anyone who damages or alters the ROW will be held responsible for all costs of restoration. The town board has no desire, or intention to go around checking every field with a tape measure, and appreciated the generally good farming practices of our agricultural producers. However, those places where excessive encroachment has occurred will need to be dealt with. The township may be marking or seeding some area’s going into this fall and next spring and requires that these be left undisturbed. Your full cooperation is anticipated and appreciated. Please feel free to contact any members of the board with question or attend the regular town meeting held the last Wednesday of each month at 7:30 p.m. Sincerely, Jessenland Township Board Maynard Rucks, Clerk Published in the Belle Plaine Herald on Wednesdays, October 1 and 8, 2014.

STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT JUDICIAL DISTRICT: First Court File # 70-FA-14-14883 Case Type: Dissolution without Children SUMMONS Without Real Estate In Re the Marriage of: Wendy Lee Burns, Petitioner and Lonny Paul Burns, Respondent The State of Minnesota to the above-named respondent: Warning: Your spouse (husband or wife) has filed a lawsuit against you for dissolution of your marriage. A copy of the paperwork regarding the lawsuit is served on you with this summons. This summons is an official document from the court that affects your rights. Read this summons carefully. If you do not understand it, contact an attorney for legal advice. 1 The Petitioner (your spouse) has filed a lawsuit against you asking for a dissolution of your marriage (divorce). A copy of the Petition for Dissolution of Marriage is attached to this Summons. 2. You must serve upon Petitioner and file with the Court a written Answer to the Petition for Dissolution of Marriage, and you must pay the required filing fee. Answer forms are available from the Court Administrator's office. You must serve your Answer and Financial Affidavit upon Petitioner within thirty (30) days of the date you were served with this Summons, not counting the day of service. If you do not serve and file your Answer, the court may give your spouse everything he or she is asking for in the Petition for Dissolution of Marriage. This proceeding does not involve real property. Notice of temporary restraining provisions Under Minnesota law, service of this summons makes the following requirements apply to both parties to the action, unless they are modified by the court or the proceeding is dismissed: (1) Neither party may dispose of any assets except (a) for the necessities of life or for the necessary generation of income or preservation of assets, (b) by an agreement of the parties in writing, or (c) for retaining counsel to carry on or to contest this proceeding. (2) Neither party may harass the other party. (3) All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation. (4) Parties to a marriage dissolution proceeding are encouraged to attempt alternative dispute resolution pursuant to Minnesota law. Alternative dispute resolution includes mediation, arbitration and other processes as set forth in the district court rules. You may contact the court administrator about resources in your area. If you cannot pay for mediation or alternative dispute resolution, in some counties,

wednesday, october 1, 2014 assistance may be available to you through a nonprofit provider or a court program. If you are a victim of domestic abuse or threats as defined in Minnesota statutes, chapter 518B, you are not required to try mediation and you will not be penalized by the court in later proceedings. If you violate any of these provisions, you will be subject to sanctions by the court. Dated: August 8, 2014 Filed in Scott County Courts August 13, 2014 By: Wendy Burns 1945 Eastway Avenue Shakopee, MN 55379 Published in the Belle Plaine Herald on Wednesdays, September 24 and October 1 and 8, 2014.

STATE OF MINNESOTA COUNTY OF SCOTT FIRST JUDICIAL DISTRICT DISTRICT COURT PROBATE DIVISION Court File No.: 70-PR-14-15966 NOTICE and order of hearing on petition for probate of will and appointment of personal representative and notice to creditors Estate of Marcelle Hazel Williams, a/k/a Marcelle H. Williams, a/k/a Hazel Marcelle Williams, a/k/a Hazel M. Williams, Decedent. It is Ordered and Notice is given that on Oct. 28, 2014, at 9:00 a.m. at Scott County Government Center/ Judicial Center, a hearing will be held in this Court at 200 Fourth Avenue West, Shakopee, Minnesota, for the formal probate of an instrument purporting to be the Will of the Decedent dated, October 21, 2010, ("Will"), and for the appointment of Toni L. Mau, whose address is 6325 SE 1151 Road, Collins, MO, 64738 as Personal Representative of the Estate of the Decedent in an Unsupervised administration. Any objections to the petition must be filed with this Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representative will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate. Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred. Dated: 9/24/14 Filed in Scott County Courts September 24, 2014 Diane M. Hanson, Judge of District Court Delores A. Beussman, Deputy Court Administrator Attorney for Petitioner Christopher J. Perske The Law Office of Christopher J. Perske, LLC 115 South Broadway, Suite 100 Jordan, MN 55352 Attorney License No: 0347164 Telephone: (952) 492-2800 Fax: (952) 492-2806 Email: christopher.perske@perskelaw.com Published in the Belle Plaine Herald on Wednesdays, October 1 and 8, 2014.

PUBLIC NOTICE NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage: DATE OF MORTGAGE: April 23, 2005 ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $320,000.00 MORTGAGOR(S): Daniel W Kluever and Heidi K Kluever, husband and wife as joint tenants MORTGAGEE: New Century Mortgage Corporation SERVICER: Carrington Mortgage Services, LLC LENDER: New Century Mortgage Corporation. DATE AND PLACE OF FILING: Scott County Minnesota,Registrar of Title , on May 6, 2005, as Document No. T 166726. ASSIGNED TO: Deutsche Bank National Trust Company, as Trustee, for Carrington Home Equity Loan Trust, Series 2005-NC4 AssetBacked Pass-Through Certificates Dated: April 27, 2011, and recorded September 30, 2011 by Document No. T211265. LEGAL DESCRIPTION OF PROPERTY: Lot 5, Block 3, Dufferin Park 12th Addition, Scott County MN PROPERTY ADDRESS: 15028 Valley View Pl, Savage, MN 55378 PROPERTY I.D: 262910270 COUNTY IN WHICH PROPERTY IS LOCATED: Scott THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: Three Hundred Twenty-Seven Thousand Two Hundred Fifty-Nine and 65/100 ($327,259.65) THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes; PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: 10:00 AM on October 23, 2014 PLACE OF SALE: in the lobby of the Scott County Law Enforcement Center, 301 S. Fuller Street, Shakopee, MN 55379

to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is 6.00 months from the date of sale. If Mortgage is not reinstated under Minn. Stat. Section580.30 or the property is not redeemed under Minn. Stat. Section580.23, the Mortgagor must vacate the property on or before 11:59 p.m. on April 23, 2015, or the next business day if April 23, 2015 falls on a Saturday, Sunday or legal holiday. “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: September 3, 2014 Deutsche Bank National Trust Company, as Trustee, for Carrington Home Equity Loan Trust, Series 2005-NC4 Asset-Backed PassThrough Certificates Randall S. Miller and Associates, PLLC Attorneys for Assignee of Mortgage/Mortgagee Canadian Pacific Plaza, 120 South Sixth Street, Suite 2050 Minneapolis, MN 55402 Phone: 952-232-0052 Our File No. 13MN00049-1 THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. A-4481373 Published in the Belle Plaine Herald on Wednesdays, September 3, 10, 17 and 24 and October 1 and 8, 2014.

NOTICE OF CONDOMINIUM ASSOCIATION LIEN FORECLOSURE SALE WHEREAS, default has been made in the terms and conditions of the Declaration of Condominium of Shenandoah Place C.I.C. No. 1071 (henceforth the Declaration) dated February 25, 1999 and recorded in the Office of the Registrar of Titles in and for Scott County, Minnesota on May 3, 1999 as Document No. T103551 as amended which said Declaration covers the following described property situated in the County of Scott and State of Minnesota, to-wit: Unit 53, Common Interest Community No. 1071, Condominiums of Shenandoah Place, Scott County, Minnesota, according to the plat thereof on file or of record with the Office of the Scott Registrar of Titles. (This is Torrens Property, Certificate of Title No. 38043.) Street address: 2373 Flamingo Drive, Shakopee, MN 55379 PID # 272720530 WHEREAS, pursuant to said Declaration, there is claimed to be due and owing as of the date of this Notice by Patty J. Halligan f/n/a Patty J. Vavorsky as unit owner, to Condominiums of Shenandoah Homeowners Association, the principal amount of Five Thousand Two Hundred Eighty-one Dollars and 85/100 ($5,281.85) for condominium assessments through September, 2014 interest and past due attorney fees; and no action being now pending at law or otherwise to recover said debt or any part thereof, and; WHEREAS, pursuant to said Declaration, and the statute in such case made and provided, said debt creates a lien upon said premises in favor of Condominiums of Shenandoah Homeowners Association. NOW, THEREFORE, notice is hereby given that by virtue of the power of sale created by statute, said lien will be foreclosed by the sale of said premises with the hereditaments and appurtenances, which said sale will be made by the Sheriff of Scott County, Minnesota at the Scott County Government Center, Civil Division, 301 South Fuller Street, in the City of Shakopee in said County on December 11, 2014 at 10:00 a.m., at public auction to the highest bidder, for cash, to pay the amount then due for said condominium assessments, together with the costs of foreclosure, including attorney’s fees as allowed by law. The time allowed by law for redemption by the unit owner, her personal representatives or assigns, is six (6) months from the date of said sale. 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 unit owners must vacate the property if the lien is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on June 11, 2015. If the foregoing date is a Saturday, Sunday or legal holiday, then the date to vacate the property is the next business day at 11:59 p.m. Dated: September 24, 2014 CONDOMINIUMS OF SHENANDOAH PLACE HOMEOWNERS ASSOCIATION FULLER, SEAVER, SWANSON & KELSCH, P.A. By: Timothy D. Fuller 32694 12400 Portland Avenue South, Suite 132 Burnsville, MN 55337 (952) 890-0888 Attorneys for Condominiums of Shenandoah Place Homeowners Association Published in the Belle Plaine Herald on Wednesdays, October 1, 8, 15, 22, 29 and November 5, 2014.

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tion Systems, Inc.. Dated July 10, 1999 Recorded September 7, 1999, as Document No. A456090. And thereafter assigned to: CitiMortgage, Inc.. Dated January 21, 2014 Recorded February 3, 2014, as Document No. A953390. TRANSACTION AGENT: NONE TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: NONE LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Home Town Mortgage, Inc. RESIDENTIAL MORTGAGE SERVICER: CitiMortgage, Inc. MORTGAGED PROPERTY ADDRESS: 800 East Forest Street, Belle Plaine, MN 56011 TAX PARCEL I.D. #: 200110100 LEGAL DESCRIPTION OF PROPERTY: Lot 4, Block 2, Chard’s Second Addition according to the map or plat thereof on file or of record in the Office of the County Recorder in and for Scott County, Minnesota. COUNTY IN WHICH PROPERTY IS LOCATED: Scott ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $95,500.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $75,309.73 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: November 20, 2014 at 10:00 AM PLACE OF SALE: Sheriff of Scott County, Civil Unit, 301 South Fuller Street, Shakopee, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on May 20, 2015, unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.” Dated: September 16, 2014 CitiMortgage, Inc. Mortgagee/Assignee of Mortgagee USSET, WEINGARDEN AND LIEBO, P.L.L.P. Attorneys for Mortgagee/Assignee of Mortgagee 4500 Park Glen Road #300 Minneapolis, MN 55416 (952) 925-6888 10 - 14-005651 FC THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. Published in the Belle Plaine Herald on Wednesdays, September 24 and October 1, 8, 15, 22 and 29, 2014.

NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION. NOTICE IS HEREBY GIVEN, that default has occurred in conditions of the following described mortgage: DATE OF MORTGAGE: June 30, 2006 MORTGAGOR: Nicole M Rein, a single person. MORTGAGEE: Mortgage Electronic Registration Systems, Inc. DATE AND PLACE OF RECORDING: Recorded July 6, 2006 Scott County Recorder, Document No. A744139. ASSIGNMENTS OF MORTGAGE: Assigned to: Green Tree Servicing LLC. Dated March 11, 2013 Recorded March 12, 2013, as Document No. A930831. TRANSACTION AGENT: Mortgage Electronic Registration Systems, Inc. TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE: 100199600000130696 LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE: Advisor’s Mortgage, LLC RESIDENTIAL MORTGAGE SERVICER: Green Tree Servicing LLC MORTGAGED PROPERTY ADDRESS: 209 Pershing Avenue North, New Prague, MN 56071 TAX PARCEL I.D. #: 240060380 LEGAL DESCRIPTION OF PROPERTY: Lot 4, Block 5, Park Addition COUNTY IN WHICH PROPERTY IS LOCATED: Scott ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $139,040.00 AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $154,228.28 That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof; PURSUANT to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows: DATE AND TIME OF SALE: October 30, 2014 at 10:00 AM PLACE OF SALE: Sheriff of Scott County, Civil Unit, 301 South Fuller Street, Shakopee, MN to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07. TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on April 30,2015 unless that date falls on a weekend or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032. MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None “THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE STATE OF MINNESOTA NOT PROPERTY USED IN AGRICOUNTY OF SCOTT CULTURAL PRODUCTION, AND FIRST JUDICIAL DISTRICT ARE ABANDONED.” DISTRICT COURT Dated: August 26, 2014 PROBATE DIVISION Green Tree Servicing LLC Court File No. 70-PR-14-15967 Mortgagee/Assignee of Mortgagee NOTICE AND ORDER OF USSET, WEINGARDEN AND HEARING ON PETITION FOR LIEBO, P.L.L.P. FORMAL ADJUDICATION Attorneys for Mortgagee/Assignee OF INTESTACY, of Mortgagee DETERMINATION OF 4500 Park Glen Road #300 HEIRSHIP, APPOINTMENT Minneapolis, MN 55416 OF PERSONAL (952) 925-6888 REPRESENTATIVE AND 8 - 14-005451 FC NOTICE TO CREDITORS THIS IS A COMMUNICATION Estate of FROM A DEBT COLLECTOR. ROBERT ALLEN ANTON, also Published in the Belle Plaine Herknown as ROBERT A. ANTON, ald on Wednesdays, September 10, Decedent 17 and 24 and October 1, 8 and 15, It is Ordered and Notice is given 2014. that on Oct. 29, 2014, at 9:00 a.m., a hearing will be held in this Court at 200 - 4th Avenue West, Shakopee, MN 55379 for the adjudication of intestacy and determination of heirship of the Decedent, and for the appointment of Denise K. Johnson, NOTICE OF MORTGAGE whose address is 13472 Alabama FORECLOSURE SALE Avenue South, Savage, MN 55378, THE RIGHT TO VERIFICATION as Personal Representative of OF THE DEBT AND IDENTITY the Estate of the Decedent in an OF THE ORIGINAL CREDITOR UNSUPERVISED administration. WITHIN THE TIME PROVIDED Any objections to the petition must BY LAW IS NOT AFFECTED BY be filed with the Court prior to or THIS ACTION. raised at the hearing. If proper and NOTICE IS HEREBY GIVEN, that if no objections are filed or raised, default has occurred in conditions of the Personal Representative will be the following described mortgage: appointed with full power to adminDATE OF MORTGAGE: October ister the Estate, including the power 13, 1998 to collect all assets, to pay all legal MORTGAGOR: William W. Koepp, debts, claims, taxes and expenses, a single person. to sell real and personal property, MORTGAGEE: Home Town Mort- and to do all necessary acts for the gage, Inc.. Estate. DATE AND PLACE OF RECORD- Notice is also given that (subject ING: Recorded October 28, 1998 to Minn. Stat. 524.3-801) all crediScott County Recorder, Document tors having claims against the Estate No. A428869. are required to present the claims ASSIGNMENTS OF MORT- to the Personal Representative or to GAGE: Assigned to: Resource the Court Administrator within four Bancshares Mortgage Group, Inc.. months after the date of this Notice Dated October 13, 1998 Recorded or the claims will be barred. October 28, 1998, as Document No. Dated: Sept. 25, 2014 A428870. And thereafter assigned Files in Scott County Courts Sept. to: Mortgage Electronic Registra- 25, 2014

BELLE PLAINE HERALD, BELLE PLAINE, MINNESOTA BY THE COURT Diane M. Hanson, Judge of District Court Delores A. Beussman Deputy Court Administrator Attorney for Petitioner Barbara J. Lefky Barbara J. Lefky Law, LLC 125 Lake Street West, Ste 210 Wayzata, MN, 55391 Attorney License No: 0326203 Telephone: (952) 476-5998 FAX: (952) 476-5957 Email: BLefky@LefkyLaw.com Published in the Belle Plaine Herald on Wednesdays, October 1 and 8, 2014.

Scott County Board Proceedings BOARD OF COMMISSIONERS COUNTY OF SCOTT SEPTEMBER 16, 2014 (1) The Board of Commissioners, in and for the County of Scott, Minnesota, met in the Courthouse Board Room in the City of Shakopee, Minnesota, and convened at 9:00 a.m., with the following members present: Commissioner Wolf, presiding, Commissioner Wagner, Commissioner Menden, Commissioner Marschall, and Commissioner Ulrich. (2) Minutes:On a motion by Commissioner Ulrich, seconded by Commissioner Marschall, the Minutes of September 9, 2014 were approved. (3) Consent Agenda: Chair Wolf announced that agenda item 5.2 requesting approval of an Amendment to the Interim Use Permit and the Second Amended Development Agreement for Shakopee Sand, LLC is being pulled from the consent agenda to receive additional information. On a motion by Commissioner Ulrich, seconded by Commissioner Wagner, the following actions were approved unanimously. All resolutions are available in the office of the County Administrator and are made a part of this record by reference. A. Approve the request for rezoning (#780-R-11) for Larry Gensmer, applicant, of 19.2 acres from RR-1, Rural Residential Reserve, to RR-2, Rural Residential Single Family, Preliminary Plat and Final Plat of Raven Point Third Addition consisting of two lots on 19.2 acres and Conservation Easements in Section 36 of Spring Lake Township. B. Approve the Service Agreement with Norchem effective November 1, 2014 through October 31, 2016 to provide drug testing services. C. Approve the renewal of the Service Agreement with Opportunity Services effective July 1, 2014 through June 30, 2016 for day training and habilitation, and extended supportive employment services for persons with disabilities. D. Approve an Amendment to the Contract with Brunz Construction Company for a project to restore the runout elevation of Clark’s Lake in accordance with the quote dated September 10, 2014 in the amended amount of $39,837. E. Adopt Resolution No. 2014166; Authorizing Entering Into a Partnership Agreement With Great River Greening for Oak Savanna Restoration at Doyle-Kennefick Regional Park. F. Adopt Resolution No. 2014169; Authorizing Entering Into an Agreement With SRF Consulting Group, Inc. for Professional Engineering Services for the Trunk Highway 169 Corridor and Frontage Road Study and Amending the Physical Development Operating Budget by $75,000. G. Adopt Resolution No. 2014175; Authorizing a Contract With Chard Tiling and Excavating, Inc. Not to Exceed $47,000 for Emergency Repairs to County Highway 6 in Blakeley Township. H. Adopt Resolution No. 2014170; Authorizing Entering Into an Agreement With RBM Services, Inc. for Scott County Janitorial Services. I. Approve the appointment of Erin Sipe of Commissioner District 4 to the Human Services Resource Council for a term effective September 16, 2014 through December 31, 2015. J. Approve the record of disbursements and approve the claims made to Scott County from August 1, 2014 through August 31, 2014 in the sum of $10,682,129.07. K. Separation of employment for Lori Andresen-Schmidt, PT Probationary (50% FTE) Driver, Community Services Division, effective 09/25/14. Separation of employment for Richard Marks, FT Commercial Appraiser, Community Services Division, effective 09/12/14. FT Temporary employment for Maetta Jurewicz, Unclassified Office Assistant, Community Services Division, effective 10/06/14. Intermittent (34% FTE) employment for Kayla Webber, Unclassified DT&H Substitute, Health and Human Services Division, effective 09/08/14. Intermittent (34% FTE) employment for Bonnie Buresch, Unclassified DT&H Substitute, Health and Human Services Division, effective 09/17/14. Student (34% FTE) employment for Katelyn Patton, Unclassified Library Aide, Community Services Division, effective 08/19/14. (4) Manage Challenges and Create Opportunities: On the recommendation of the Louisville Town Board, the Sand Creek Town Board, and the Planning Advisory Commission, Commissioner Menden moved, sec-

onded by Commissioner Wagner to approve the request to amend Interim Use Permit #172-I-7 and Second Amended Development Agreement for Shakopee Sand, LLC, applicant, to operate a sandstone mining facility, to add an additional 58 acres to the site, to construct a rail yard, to move the offices, and to increase the size of the sand stockpile from 200,000 cubic yards to 280,000 cubic yards in Section 33 of Louisville Township and Section 4 of Sand Creek Township, zoned I-1, Rural Industrial district. The action requested is in accordance with Chapters 10 and 60 of the Scott County Zoning Ordinance No. 3 based on the criteria listed for approval. The motion carried unanimously. B. Commissioner Wagner moved, seconded by Commissioner Menden to adopt Resolution No. 2014172; Awarding a Contract to Chard Tiling and Excavating, Inc. for the County Highway 1 Emergency and Permanent Repairs Project in Blakeley Township. A copy of the resolution is available in the office of the County Administrator and is made a part of this record by reference. The motion carried unanimously. (5) Assure Long Term Fiscal Stability:

PAGE eleven A. Commissioner Ulrich moved, seconded by Commissioner Marschall to open the public hearing at 9:34 a.m. to receive comments regarding the adoption of an Amendment to the Capital Improvement Plan and the intention to issue capital improvement bonds. The motion carried unanimously. Hearing no public comment, Commissioner Ulrich moved, seconded by Commissioner Marschall to close the public hearing at 9:34 a.m. The motion carried unanimously. Commissioner Menden moved, seconded by Commissioner Wagner to adopt Resolution No. 2014173; Approving the Amendment of the 2014-2018 Scott County Capital Improvement Program. A copy of the resolution is available in the office of the County Administrator and is made a part of this record by reference. The motion carried unanimously. B. Commissioner Menden moved, seconded by Commissioner Wagner to adopt Resolution No. 2014-174; Authorizing Solicitation of Proposals for the Sale of $3,500,000 General Obligation Capital Improvement Plan Bonds, Series 2014A and $18,360,000 General Obligation Capital Improvement Plan Refunding Bonds, Series 2014B. A

Area Man Charged With Drug Possession A misunderstanding over possession of a vehicle led to a criminal charge of possession of drugs. Barry Russell Wolters is charged with fifth-degree possession of methamphetamine as well as plastic bags containing residue of the drug and syringes. Scott County District Court Judge Rex Stacey set Wolters’ bail at $100,000. Wolters, 31, is scheduled to make his first appearance on the felony charge Monday (Oct. 6). The Jordan resident remained in the county jail Tuesday (Sept. 30) morning. Wolters was arrested last Saturday (Sept. 27) after a man on the 1000 block of East Enterprise Drive reported Wolters

had stolen his vehicle. Police determined the man’s daughter allowed Wolters to borrow the vehicle. She was in the vehicle when police stopped it. Police found Wolters carrying a digital scale, a plastic bag contained several smaller plastic bags. A police canine searched the interior of the vehicle. The dog hit on a locked safe containing the alleged illegal drugs and paraphernalia. Wolters has previous convictions for felony-level drug possession – April 2012 in Scott County, January 2010 in Olmsted County, and two convictions dating back to May 2007 in Scott County.

copy of the resolution is available in the office of the County Administrator and is made a part of this record by reference. The motion carried unanimously. (6) Develop Strong Public Partnerships: Commissioner Ulrich moved, seconded by Commissioner Marschall to adopt Resolution No. 2014-171; Authorizing Submittal of Comments on the Metropolitan Council’s Draft 2040 Transportation Policy Plan. A copy of the resolution is available in the office of the County Administrator and is made a part of this record by reference. The motion carried unanimously. On a motion by Commissioner Marschall, seconded by Commissioner Ulrich, the meeting adjourned at 9:59 a.m. Thomas J. Wolf, Chair Gary L. Shelton, County Administrator, Clerk of the Board Debra K. Brazil, Deputy Clerk to the Board This is a summary of the Board proceedings (M.S. 375.12). The full text is available at www. co.scott.mn.us (which can be accessed at any public library), and in the office of the County Administrator. Published in the Belle Plaine Herald on Wednesday, October 1, 2014.

Better Breather Support Group Meetings The new American Lung Association of Minnesota’s Better Breathers Club Support Group at St. Francis Regional Medical Center meets the first Tuesday of each month from 1-2:30 p.m. It’s held in the St. Francis Conference Area. The Better Breathers Club is a support group for people with chronic lung disease and their families, friends and support persons. The purpose of the club is to offer patient-centered, community-based educational opportunities and support to persons with chronic lung disease - especially COPD but also asthma, idiopathic pulmonary fibrosis (IPF), lung cancer and other chronic lung diseases. For more information, call 952-428-2377.

Meth Gets Man 11 Years Sentence

With over a quarter pound of methamphetamine on him when he was arrested last fall in Prior Lake, Matthew Paul Mcilvaine was recently sentenced to 11 years for drug and financial crimes. Scott County District Court Judge Phil Kanning recently sentenced Mcilvaine of Belle Plaine to 135 months imprisonment at the correctional facility in St. Cloud. He’s expected to

serve 90 months behind bars and 45 months in supervised release. Mcilvaine, 32, will also concurrently serve a 30-month sentence for financial transaction card fraud, drug possession and receiving stolen property in separate cases heard in Scott County District Court. He was arrested last November at Mystic Lake Casino in

Prior Lake. Agents, armed with a search warrant, found him in the casino’s gaming area. They searched his hotel room where they found meth and drug paraphernalia that included a scale and plastic bags. Mcilvaine was also carrying almost $7,000 in cash when he was arrested. He has seven criminal convictions on his record dating back to 2003.

Belle Plaine Police Report

The week of Sept. 22-28, Belle grandmother. Plaine police responded to the Thursday, Sept. 25 following selected calls: A woman on the 400 block of West State Street called for medical help at 12:42 a.m. A Monday, Sept. 22 A personal-injury crash at the boy was suffering an asthma atintersection of East Main and tack. The condition was under North Meridian streets was re- control when the inhaler was administered. ported at 8:13 a.m. A woman on the 900 block of A woman on the 100 block of Deer Creek Parkway reported Sunset Drive reported at 10:47 at 8:45 a.m. the theft of an iPod a.m. receiving scam calls. and iPad. A search warrant was A man on the 600 block of executed at another location East Church Street reported at later in the afternoon. A suspect 3:59 p.m. he received an atwas cited for theft and also pos- tempted scam phone call. session of drugs. A man on the 200 block of East A woman on the 900 block of Raven Street called at 7:32 p.m. Deer Creek Parkway reported for medical help for a woman. at 4:02 p.m. a domestic dispute. A vehicle was stopped on A woman was arrested for do- North Walnut Street near the mestic assault. city limit at 11:01 p.m. for excess speed. The driver disTuesday, Sept. 23 At 6:15 a.m., a man on North played signs of inebriation and Walnut Street near the city limit failed field sobriety tests. The called for medical help. A man driver was arrested for fourthwas having trouble breathing. degree DWI. He was transported to an area The driver of a vehicle stopped near the intersection of East hospital. A man on the 300 block of East Main and South Ash streets at Main Street reported at 10:38 11:35 p.m. after a couple of a.m. someone had damaged the traffic violations was also cited for driving after license revoscreens on his house. A woman on the 100 block cation and arrested for second of West Main Street called for degree DWI. The man’s 1997 medical help at 4:51 p.m. She Dodge truck is being held for fell and injured her arm. She forfeiture. was transported to a nearby Friday, Sept. 26 A woman on the 700 block of clinic. Police performed checks and East Forest Street reported at verifications on offenders liv- 9:08 a.m. someone had egged a ing and/or working in the city. vehicle parked on the street. An officer assisted a state Wednesday, Sept. 24 A woman on the 400 block of trooper at 5:22 p.m. with a twoEast Orchard Street called for vehicle crash near the intersecmedical help at 12:05 p.m. A tion of North Walnut and East man was arrested for domestic Spring streets. A woman on the 700 block assault. of West Court Street called for A man on the 600 block of medical help at 6:16 p.m. A man West Forest Street asked police at 12:53 p.m. to do a welfare was having trouble breathing. check at a residence. A woman A woman on the 900 block of was cited for fifth-degree pos- Ivy Hills Road called for medisession of marijuana. Her chil- cal help at 8:26 p.m. dren were placed with their

Saturday, Sept. 27 A man on the 1000 block of East Enterprise Drive reported at 11:21 a.m. a stolen vehicle. Police determined the vehicle was not stolen, however one person was arrested and formally charged with felony drug possession. A woman on the 800 block of Sunrise Lane reported a domestic dispute at 4:55 p.m. A man was jailed for domestic assault. Sunday, Sept. 28 A person on the 200 block of West State Street called for medical help at 2:08 a.m. A man fell and hit his head. He was taken to an area hospital to be checked. A person on the 300 block of North chestnut Street called for medical help at 1:11 p.m. A woman was transported to an area hospital for chronic pain issues. Police performed checks and verifications on offenders living and/or working in the city. A person on the 500 block of West Forest Street called at 11:43 p.m. for medical help. A woman was having trouble breathing. She was transported to an area hospital.

Fire Calls

The week of Sept. 22-28, Belle Plaine firefighters responded to the calls that included: Monday, Sept. 22 Firefighters were dispatched at 8:15 a.m. to a report of an injury crash at the intersection of East Main and North Meridian streets. They were canceled en route. Thursday, Sept. 25 A vehicle fire was reported at 4:04 a.m. on the 25600 block of 200th Street in Faxon Township. Firefighters kept the fire from spreading to nearby vehicles or structures.