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081005-State (08/10/2005)
First Publication Date

Wednesday,

August 10, 2005

STATE OF MINNESOTA

COUNTY OF WINONA

IN DISTRICT COURT

THIRD JUDICIAL DISTRICT

Case Type: Other Civil

GMV Properties, L.L.C, Thomas E. Brandt, Christine E. Brandt, Joshua J. Wenzel and Tina M. Benedict,

Plaintiffs

vs. SUMMONS

Sheryl Rae Hennen, also the unknown heirs of Lynn Raymond Sebo, deceased, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint herein,

Defendants.

The State of Minnesota to the Above-Named Defendant Sheryl Rae Hennen:

You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint which is herewith served upon you within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so judgment by default will be taken against you for the relief demanded in the complaint.

The State of Minnesota to the Above-Named Defendants who are served by publication:

You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint which is on file in the office of the Court Administrator of the above-named court within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so judgment by default will be taken against you for the relief demanded in the complaint.

This action involves, affects, or brings into question real property situated in the County of Winona, State of Minnesota described as follows:

PARCEL A

Lots One (1), Two (2), and Three (3), Block One (1), Volkart's First Addition according to the recorded plat thereof, Winona County, Minnesota,

Subject however to the following restriction:

That the use of the premises is for single family homes newly constructed in compliance with the zoning ordinances of the City of Goodview for D-1 Dwelling Districts as the same exist at the time the building permit is issued and in addition having a single family home with minimum size of at least 1200 square feet, with a garage attached to the dwelling; the garage size is not to be part of the minimum home size. This restriction shall continue in full force and effect for a period of twenty years from the date of this deed.

PARCEL B

Lots Two (2), Three (3), and Four (4), Block One (1) COBRA Subdivision, according to the recorded plat thereof, Winona County, Minnesota,

Subject however to the following restriction:

That the use of the premises is for single family homes constructed in compliance with the zoning ordinances of the City of Goodview for D-1 Dwelling Districts as the same exist at the time the building permit is issued and in addition having a single family home with minimum size of at least 1000 square feet with garage either attached and in addition to the home size or if unattached being of similar appearance to the home, i.e. siding and color, etc. This restriction shall continue in full force and effect for a period of twenty years from the date of this deed.

PARCEL C

Lot One (1), Block One (1), COBRA Subdivision, according to the recorded plat thereof, Winona County, Minnesota,

Subject however to the following restriction:

That the use of the premises is for single family homes constructed in compliance with the zoning ordinances of the City of Goodview for D-1 Dwelling Districts as the same exist at the time the building permit is issued and in addition having a single family home with minimum size of at least 1000 square feet with garage either attached and in addition to the home size or if unattached being of similar appearance to the home, i.e. siding and color, etc. This restriction shall continue in full force and effect for a period of twenty years from the date of this deed.

NOTICE IS FURTHER GIVEN that the object of this action is to obtain a judgment declaring that:

1. Plaintiff GMV Properties, LLC is the owner in fee of the real property above described as Parcel A, and that Lot Two (2), Block One (1) of Volkart's First Addition is subject to a mortgage to Eastwood Bank dated December 6, 2004, recorded in the office of the Winona County Recorded on December 16, 2004, as document #494385, and is also subject to a mortgage to Eastwood Bank dated April 22, 2005, recorded in the office of the Winona County Recorder on April 27, 2005 as document #498313, and that Lot Three (3), Block One (1), Volkart's First Addition is subject to a mortgage to Eastwood Bank dated December 6, 2004, recorded in the office of the Winona County Recorder on December 16, 2004 as document #494386, and is also subject to a mortgage to Eastwood Bank dated June 21, 2005, recorded in the office of the Winona County Recorder on June 24, 2005 as document #500291.

2. Plaintiffs Thomas E. Brandt and Christine E. Brandt are the owners as joint tenants in fee of the real property above described as Parcel B, said Parcel B being subject to a mortgage to Winona National Bank dated November 19, 2004, recorded in the office of the Winona County Recorder on November 23, 2004 as document #493571, also subject to a mortgage to Winona National Bank dated September 24, 2004, recorded in the office of the Winona County Recorder on October 4, 2004 as document #491947.

3. Plaintiffs Joshua J. Wenzel and Tina M. Benedict are owners as joint tenants in fee of the real property above described as Parcel C, said Parcel C being subject to a mortgage to Winona National Bank dated June 14, 2005, recorded in the office of the Winona County Recorder on June 20, 2005, as document #500131.

4. None of the defendants has any right, title, estate, or lien in or upon said real property described as Parcels A, B and C above.

NOTICE IS FURTHER GIVEN that no personal claim is made by plaintiffs against any of the defendants.

Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.

Dated: July 14, 2005

William A. Lindquist

Attorney for the Plaintiffs

63 1/2 West Fourth St.

Winona, MN 55987

507-452-4614

Attorney Registration No. 63563

 

 

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