STATE OF MINNESOTA
COUNTY OF GOODHUE FIRST JUDICIAL DISTRICT
CASE TYPE: Other Civil – Torrens
Case No. CV-11-3079
In the Matter of the Application of
Joseph J. Mahn and Amanda J. Lohmann,
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
as Joint Tenants, To Register the Title to Certain Land situated in Goodhue County, Minnesota, described on Exhibit A.
City of Red Wing, Walmar R. Voight and Irene I. Voight, Alejandro Diez, Heirs of Mary Miller, Susan E. Ryan, John M. Dimunation and Nancy Dimunation, Nancy M. Schulenberg, Schulenberg Trust under agreement dated April 21, 2010, Heirs of Winslow E. Sailstad, Heirs of Helen Sailstad, Robert J. Molberg, Diane L. Hansen, John J. Mahn and Elizabeth A. Mahn, Bank of Zumbrota, Associated Bank, U.S. Bank, N.A., Como Northtown Credit Union, U.S. Bank, National Association N.D., Security State Bank of Marine, also all heirs and devisees of any of the above-named persons who are deceased; and all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the Application or amendments herein.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Petition against you is attached to this Land Title 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:
Richard D. Gorman
VOGEL & GORMAN, PLC
454 WEST FOURTH STREET
P.O. BOX 39
RED WING, MN 55066
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 THIS 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. To be included only if this lawsuit affects title to real property:
THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Goodhue County, State of Minnesota, legally described as follows:
That part of Fifth Street. Look Out Street, Hill Street, Park Reserved, Reserved, Lot 6, Block 11 and Lots, 4, 5 and 6, Block 10, all In INSTITUTE ADDITION TO RED WING, according to the recorded plat thereof, on file in the County Recorder's Office, Goodhue County, Minnesota, described as follows:
Beginning at a found 1" iron pipe at the southeast corner of Lot 7, said Block 10; thence N27'32'45"W, assumed bearing, along the ne'ly line of said Lot 7, 20.27 feet to a 1/2" iron rod at the sw'Iy extension of the centerline of said Fifth Street; thence N62'59'40"E, along said extension and along said centerline, 113.54 feet to a 1/2" iron rod; thence S27'00'20"E, 30.00 feet to a 1/2" iron rod on the se'ly line of said Fifth Street; thence S21'32'06"E, 28.97 feet to a 1/2" iron rod; thence S09'06'02"E, 45.90 feet to a 1/2" iron rod; thence S16'33'50"E. 15.36 feet to a 1/2" iron rod; thence S35'43'33'E, 10.13 feet to a 1/2" iron rod; thence S55'15'16"E 13.40 feet to a 1/2" iron rod; thence S34'18'11"W, 11.35 feet to a point herein after referred to as "point A"; thence continue S34'18'11" W, 23.43 to a 1/2" iron rod; thence S30'26'49"E, 44.12 feet to a 1/2" iron rod on the ne'ly extension of the se'ly line of Lot 4, said Block 10; thence S63'28'43"W, along said extension and along said se'ly line, 111.02 feet to a 1/2" iron rod, being a point 9.25 feet ne'ly of the sw corner thereof; thence N35'39'54"W, 60.77 feet to a 1/2" iron rod on the nw'ly line of said Lot 4, being a point 9.25 feet ne'ly of the nw corner thereof; thence N63'28'43"E, along said nw'ly line of Lot 4, 52.88 feet to a 1/2" iron rod on the se'ly extension of a line previously monumented by Albert E. Rhame, per Survey Number 3977, dated 3-17-55, on file In the County Surveyor's Office; thence N49'13'46"W, along said se'ly extension, along said line and along its nw'ly extension 129.30 feet to a 1/2" Iron rod on the se'ly line of said Lot 7; thence N63'28'43"E along said se'ly line .of Lot 7, a distance of 42.48 feet to the point of beginning.
Together with a 20 foot wide driveway and utility easement over and across part of the aforementioned Hill Street.
The centerline of said easement is described as follows: Beginning at the aforementioned "point A"; thence S52'22'45"E, 61.64 feet; thence S48'23'38"E, 45.65 feet; thence S44'54'39"E, 82.91 feet; thence S47'01'32"E, 42.23 feet; thence S35'58'55"E, 40 feet, more or less to the nw'ly right of way line of Sixth Street
The side lines of said easement are to be lengthened or shortened to terminate at the se'ly line of the above described parcel and the nw'ly right of way line of Sixth Street. .
Containing 0.55 acres, more or less.
Subject to all other easements and restrictions of record.
The object of this action is a torrens registration proceeding.
You are hereby summoned and required to answer the Application of the Applicant(s) in the above-entitled proceeding and to file your answer to the said Application in the office of the District Court Administrator in said County, within 20 days after service of this Summons upon you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant(s) in this proceeding will apply to the Court for the relief demanded therein.
Witness, District Court Administrator of said Court, and the seal thereof, at Red Wing, in said County, this 6th day of November, 2012.
By /s/ Yvonne J. Black, Court Administrator
By /s/ Vanessa Jeske, Deputy
Attorneys for Applicants:
Richard D. Gorman
MN License No. 202204
VOGEL & GORMAN, PLC
454 West 4th Street, P.O. Box 39
Red Wing, MN 55066
Phone: (651) 388-1511
Fax: (651) 388-2836