STATE OF MINNESOTA
COUNTY OF GOODHUE
FIRST JUDICIAL DISTRICT
COURT FILE NO. 25-CV-12-130
In the Matter of the Petition of
Bank of America, N.A.,
ORDER TO SHOW CAUSE
in Relation to Certificate of Title
No. 4444 issued for land in
the County of Goodhue and State of
Minnesota and legally described as
The Easterly 80 feet of Lot 77 Auditor's Subdivision of Section 26, Township 113 North, Range 15 West in Goodhue County and State of Minnesota, lying South of Lawrence Street, described by metes and bounds as follows:
Beginning at the Southeast corner of said Lot 77, thence run westerly along the southerly line of said Lot 77 for 80 feet; thence run northerly parallel with the easterly line of said Lot for 130.35 feet; thence run easterly 80 feet to the easterly line of said lot at a point distant 129.8 feet northerly of the place of beginning, thence run southerly 129.8 feet to the place of beginning. Together with an easement for a right of way on a strip of land 35 feet in width adjoining and northerly of the above conveyed tract and upon its westerly extension to the easterly line of Rhame Avenue.
Together with an easement for a right of way on a strip of lane 35 feet in width adjoining and northerly of the above conveyed tract and upon its westerly extension to the easterly line of Rhame Avenue.
TO: Sheryl Mach
Upon receiving and filing the Report of the Examiner of Titles in the above entitled matter,
IT IS ORDERED, that you, and all persons interested, appear before this Court on the 27th day of April, 2012, at 8:45 a.m. at the Goodhue County Courthouse, in the City of Red Wing, County of Goodhue, State of Minnesota, and then, or as soon thereafter as said matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows:
That the Registrar of Titles, upon the filing with the Registrar of a certified copy of this Order, cancel Certificate of Title No. 4444 and enter a new Certificate of Title for the land therein described in favor of Bank of America, N.A., free from the existing recital: "The following covenants run with the land hereinabove described for the benefit of the grantor and any owner in fee now or hereafter of said land in Said Section 26 at any time owned by Charles A. Sargent, to-wit: any residence erected thereon must have a completed market valuation of at least $2500.00 within 18 months after construction is begun, and no part of such residence can be nearer than 40 feet from any avenue thereon nor can alcoholic liquors or drinks be sold or beet parlor maintained thereon, and no public dance hall shall be erected or maintained thereon.", subject to the
memorial of Document No. T612, but free from all other memorials now appearing on the present Certificate of Title and free also from the memorial of this Order.
IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days prior to such hearing upon the above named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) it shall be served at least 14 days prior to such hearing upon any of the above named non-residents by sending a copy of this Order to such non-resident at his post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated.
Dated this 6th day of March, 2012
Judge of District-Court
Gary Friedell, Examiners of Titles
Only those who wish to object to the entry of the aforementioned order are required to appear before the court as directed by this order to show cause.
PETERSON, FRAM & BERGMAN, P.A. (sro)
55 East Fifth Street, Ste. 800 St. Paul MN 55101 (651)290-6938