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Quiet Title: Summit Ag Fund Notice


Fri, Mar 28th, 2014
Posted in All Legals

State of Minnesota

County of Fillmore

District Court

Third Judicial District

Case Type: Other-Quiet Title

Court File No. 23-CV-14-202

Summons

Summit Ag Fund I, LLP, Plaintiff

-vs.-

Decatur D. Colman; Decatur B. Coleman; O Dow Colman; Wm. R. Jones, William R. Jones; John D. Williams; Daniel Williams; William W. Williams; Mary Ellen Thomas; Robert W. Hughes, Mrs. G. G. Thomas, R.T. Jones, John H. Roberts; Albert H. Finckh; Rachael Jane Finckh; Russel Biel; Harvey L. Biel; Mary Biel; Louis Biel; Amanda Biel; Martha Biel; Helmut J. Ullrich, Michael t. Hagan; Lisa J. Hagan; Bruce Dornink; Barbara Dornink; MidFirst Bank, State Savings Bank; Secretary of Housing & Urban Development; Albert Yoder; Mary Oder, Harvey H. Yoder, Clara Ann Yoder; Albert H. Yoder; Mary L. Yoder, Willard Borntreger; Amanda Borntreger; Samuel W. Borntreger; Magdalena Borntreger; Duane Bushman; Shirley Bushman; Rudy L. Gingerich; Anna S. Gingerich; Kanute Oleson; Jane Oleson, Lewis Alexon, Anne Alexon, Knud Oleson; Julia Oleson; Zacharias Iverson; Iver Zacharias; Susan Zacharias; Ole Tistleson; Mary Tistelson; Ole T. Hofto; Torgier O. Kjeeleberg; Guro Kerelie; Turi Kerkelie; Annie Thieme; Theressa Thieme; O.T. Hofto; Betsy Hofto; Charles B. Thieme; M.F. Thieme; Sven E. Kirkelie; Gure Kirkelie; Arnie E. Kirkelie; Anon Kjelsberg; Torger Kjelsberg; Albert Domrud; Maline Domrud; t. S. Brokken; Samuel Domrud, N.G. Sollie; H.K. Dahly; Halver K. Dahl; Ole Bergenson; Salva Olson; Albert Swinburne; Silve Olson; Soly Olson; Gro Olson; Knud Halvorson; Salve Olson; Esais Knudson; Esaias Knudtson; Ludwig Schultz; Halvor K. Dahly; Jane H. Dahly; Johannas H. Dahly; Ole H. Dahly; Edward H. Dahly; Henry H. Dahly; Kathryn E. Dahly; Ole Farreehen; Sarah Farreehen; G. Morris; Ole Torgerson; Gershom Morris; Sarah Morris; Ole K. Johnson; Aleda Johnson; William Parry; Mary Parry; Knute H. Dahly; Olena Dahly; L.E. Thorp; Chas. Hettler; Geo. W. Hettler; Belle M. Thorp; George W. Hettler; Marguerite Hettler; Harold Dahly; Anna Marion Dahly; H.K. Dahly; Marion J. Meinen formerly Marion Dahly; Cecil W. Meinen; Luther College; Anna Marie Dahly; Jane H. Dahly; Ole Oleson; Thor Olson; Thor Oleson; Thore Olson; Reuben Wells; Turina Peterson; Thor Olson; Edwin Crowell; Mary Sloan; Betsey C. Prudy; Isaac Gregory; K.J. Husevold; Turine Husevold; Peter K. Peterson; Henry Halvorson; Peter “H” Peterson; Knud Halvorson; Knud Halvorsen; Ole Tustison; Ole Tosteson; Ole Beyrgeson; Soly Olson; Halvor K. Dahle; H.K. Dahly; Johannes H. Dahly; Ole Oleson; Eleanor Davis Larick; Richard D. Larick; Gene A. Tesmer; Diane K. Tesmer; Mark L. Biel; Pamela D. Biel; Allen Tesmer; Deloris E. Tesmer; Burton E. Ingvaldson; Janice M. Ingvaldson; Carlton H. Bakken; Kevin M. Langreck; Leslie M. Schoppers; Tina L. Schoppers; David R. Junge; Mary E. Waldron-Junge; Stacy Bushman; Bushman Family Farms, Inc.; Aaron Klingsheim; Luann Kingsbury; William Kevin Jones; Florence Evelyn Jones a/k/a F. Evelyn Jones; David R. Junge; The Kaster Family, LLC; Tim Freerksen; Kenda Freerksen; Rays Farm LLC; Grover Farms, Inc.; Eddie F. Yoder; Mary M. Yoder; Daniel Detweiler; Vernie Detweiler a/k/a Verna Detweiler; Delbert Burton Ihns, Jr.; Lela Louise Ihns; Jerrold A. Tesmer; Kathryn J. Tesmer; Kevin R. Biel; Kelly J. Biel; Robert R. Biel; Eunice A. Biel; Nagel’s Rolling Acres LLC; Harvey D. Gingerich; Eva J. Gingerich; EcoHarmony West Wind, LLC; also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein, including the heirs at law and legatees and devisees of any of the foregoing Defendants who are deceased,

Defendents.

1. You are being sued. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.

2. You must reply within 20 days to protect your rights. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this summons. You must send a copy of your Answer to the person who signed this Summons located at:

Springer & Gumbel, P.A.

141 West Fillmore St.

P.O. Box 469

Preston, MN. 55965

3. you must respond to each claim. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your answer.

4. you will lose your case if you do not send a written response to the complaint to the person who signed the summons. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. legal assistance. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. alternative dispute resolution. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. this lawsuit may affect or bring into question title to real property located in fillmore county, state of minnesota:

See Exhibit A attached hereto and made a part hereof

The object of this action is to determine that the defendants have no right, title, estate, interest, or lien in or on the above described real estate.

notice of no personal claim.

No personal claim is made against any of the defendants in the action above entitled.

By: /s/ Scott K. Springer

Scott K. Springer (#0313695)

Springer & Gumbel, P.A.

141 W. Fillmore St.

P.O. Box 469

Preston, MN. 55965

Phone: 507-765-3600

Facsimile: 507-765-3629

Attorneys for Plaintiff,

Summit Ag Fund I, LLP

exhibit a

All that part of Section 25-T101N-R12 W and all that part of the Northwest Quarter Section 30-T101N-R11W, Fillmore County, Minnesota, described as follows:

Commencing at the Southwest Corner of the Southeast Quarter of said Section 25; thence North 00 degrees 11 minutes 17 seconds East a distance of 1955.51 feet, on assumed bearing on the West line of said Southwest Quarter, to a point 656.72 feet South of the Northwest corner of said Southwest Quarter; thence South 89 degrees 35 minutes 27 seconds East a distance of 663.26 feet, parallel with the North line of said Southwest Quarter; thence North 00 degrees 11 minutes 43 seconds East a distance of 656.72 feet, to a point on the South line of said Northwest Quarter of said Section 25; thence North 89 degrees 35 minutes 27 seconds West a distance of 663.34 feet, on the South line of said Northwest Quarter, to the Southwest corner of said Northwest Quarter; thence North 00 degrees 05 minutes 18 seconds East a distance of 661.67 feet, on the West line of said Northwest Quarter; thence South 89 degrees 48 minutes 53 seconds East a distance of 980.47 feet, along an existing fence; thence South 89 degrees 58 minutes 09 seconds East a distance of 1002.94 feet, along an existing fence; thence south 89 degrees 31 minutes 58 seconds East a distance of 674.04 feet, along an existing fence, to a point on the West line of the Northeast Quarter of said Section 25; thence North 00 degrees 21 minutes 06 seconds East a distance of 646.71 feet, on the West line of said Northeast Quarter; thence South 89 degrees 50 minutes 44 seconds East a distance of 2649.02 feet, along an existing fence, to a point on the West line of the Northwest Quarter of said Section 30; thence North 00 degrees 01 minutes 12 seconds East a distance of 675.47 feet, on the West line of said Northwest Quarter, to a point 658.06 feet south of the Northwest corner of said Northwest Quarter; thence North 88 degrees 37 minutes 51 seconds East a distance of 637.86 feet; thence North 00 degrees 10 minutes 42 seconds West a distance of 654.96 feet to a point on the North line of said Northwest Quarter, said point being 635.52 feet East of the Northwest corner of said Northwest Quarter; thence North 88 degrees 54 minutes 20 seconds East a distance of 688.05 feet, on the North line of said Northwest Quarter, to a point of 1402.28 feet West of the Northeast corner of said Northwest Quarter; thence along an existing fence, as follows: South 00 degrees 01 minutes 12 seconds West a distance of 2658.01 feet; South 88 degrees 42 minutes 26 seconds West a distance of 1304.97 feet; North 89 degrees 43 minutes 45 seconds West a distance of 1070.68 feet; South 89 degrees 56 minutes 10 seconds West a distance of 1586.16 feet; North 49 degrees 20 minutes 30 seconds West a distance of 16.50 feet; North 88 degrees 44 minutes 36 seconds West a distance of 427.85 feet; North 89 degrees 37 minutes 29 seconds West a distance of 351.38 feet; South 89 degrees 50 minutes 29 seconds West a distance of 448.97 feet; North 55 degrees 54 minutes 12 seconds West a distance of 69.76 feet; North 74 degrees 10 minutes 09 seconds West a distance of 61.34 feet; South 00 degrees 01 minutes 28 seconds West a distance of 763.60 feet; South 89 degrees 05 seconds East a distance of 1335.60 feet, to a point on the East line of said Southwest Quarter; South 00 degrees 12 minutes 44 seconds West a distance of 1916.70 feet, on the East line of said Southwest Quarter to the Southeast corner of said Southwest Quarter; thence North 89 degrees 43 minutes 19 minutes 54 seconds West a distance of 2652.36 feet, on the South line of said Southwest Quarter, to the point of beginning; subject to highway easement on the North, South and West sides thereof; also subject to an easement for ingress and egress over, under and across the South 53 feet of the West 1320 feet of the Northwest Quarter of said Section 25.

Publish 31, 7, 14

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