Legal Notices 10-31-12

NOTICE OF MEETING

The Cedar Knox Rural Water Project will hold its regular monthly Board of Directors meeting on Thursday, the 8th day of November 2012, at 10:30 a.m. at the Lewis & Clark Natural Resources District office, located at 608 N. Robinson Ave., Hartington, NE. A current agenda is on file at the District office. This meeting is open to the public.

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NOTICE OF MEETING

The Lewis & Clark Natural Resources District will hold its regular monthly Board of Directors meeting on the 15th day of November, 2012, (storm date November 18, 2012) at 5:30 p.m. at the VFW Clubroom, Hartington, Nebraska. A current agenda is on file at the District Office. This meeting is open to the public.

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HARTINGTON CITY

COUNCIL

Minutes

October 8, 2012

The Hartington City Council met for their regular meeting at the city hall on October 8, 2012 beginning at 7:00 P.M. Notice of time and place of the meeting was given in the advance notice by posting. Notice of time and place of the meeting was communicated in the advance notice to the mayor and council.

Present were Mayor Peitz; Councilpersons Burbach, Christensen, Kruse, and Addison; Legal Adviser Pier; and City Clerk ~ Treasurer Lenzen. Mayor Peitz called the meeting to order followed by all present reciting the Pledge of Allegiance. Mayor Peitz announced that the open meeting law poster was on the back wall of the council room and requested that everyone silence their cell phones.

Legal Adviser Pier made a suggestion for a correction and clarification in the minutes pertaining to golf carts. The legislative law which goes into effect January 2013 gives cities and villages the option to pass an ordinance allowing golf carts on certain streets within their city or village limits.

A motion to approve the minutes with the correction of the September 24, 2012 meeting was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – yes, Christensen – yes, Burbach – yes, and Addison – yes. Motion carried.

The following building permits were presented and reviewed. Leise Concrete – storage building, D. Hochstein – addition, J. Bruning – garage, and Don Miller et al – spec house. A motion to approve the permits was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen – yes, Addison – yes, and Kruse – yes. Motion carried.

Legal Adviser Pier brought to the council’s attention a proposed second amendment to the water tower agreement from Verizon Wireless. Verizon is requesting the addition of three more antennas and other equipment. They are willing to pay an additional rental fee. Areas of concern are the section entitled the right of first refusal and if the water tower was structurally able to handle the additional antennas and equipment. A motion was made by Burbach and seconded by Addison to table taking any action at this time and request our city engineer, JEO, to review the specs to determine if our water tower can handle additional antennas and equipment and to request Verizon to pay for the cost of this review. A roll call vote was taken. Burbach – yes, Addison – yes, Kruse – yes, and Christensen – yes. Motion carried.

The following department reports were given.

POLICE – Cedar County Sheriff Department: None

POOL/PARK – Councilwoman Addison: The new bathroom at the park is nearly done.

COMPLEX – Councilman Kruse: The PA system is working, the problem was a setting was wrong.

FIRE/AMBULANCE – Councilman Christensen: None. Legal Adviser Pier had received an amendment to the contract from the attorney representing Hartington Public school regarding the land agreement.

GENERAL – Mayor Peitz: He and Councilman Kruse had met with Troy Johnston, David Peterson, and Steve Parr, JEO to discuss a miscalculation in the electrical design for the Downtown Revitalization project. An additional cost of $29,711.83 will be added to the project. JEO is willing to contribute $4,500.00 toward the project increase. A change order will need to be submitted and approved by the city.

Mayor Peitz discussed with the council a meeting he had earlier with Mr. and Mrs. Bob Eickhoff and at the time of the meeting they handed him a letter requesting an extension of the loan payments. This letter was hand delivered to each council member. Mayor Peitz also shared with the council emails he had received from concerned local businesses who were carrying past due accounts of work done for TrailManor. These businesses inquired of the status of the TrailManor business being brought to Hartington. The council discussed the fact that TrailManor is past due on their loan payment to the city, concerns that no activity of equipment being set up at the Hartington plant which was to be brought here from Tennessee, that 15 – 20 jobs have not been created, and what was the $100,000.00 loan from LB840 funds to TrailManor used for? After a lengthy discussion of these facts, Legal Adviser Pier is to send a letter to TrailManor calling the loan.

The council also reviewed the LB840 guidelines. It was suggested that the Watchdog Committee meet more frequently. Other items discussed were that the rental lease agreement with Grossenburg for the tractor/loader has been signed, there are still parking issues on W. Hoese and Ken Miller Circle, and finishing off the conduit opening and erosion control on the sides and below the opening of the drainage ditch east of Highway 57.

There were no public comments.

The following bills were presented for payment.

GENERAL: Arbor Day Foundation 10.00, US Cellular 63.97, Specsoft 219.00, Cedar County

NEWS 379.12, EMC Insurance 5,712.64, Hartelco 316.70, Foodtown 1.79, and

Kruse 14.99.

STREETS: Folkers Bros. Garage 771.86, NPPD 190.61, Co-Op 376.42, US Cellular 71.08, Appeara 21.64, Bomgaars 101.68, Carhart 2.98, Kruse 29.73, Cedar County Auto Parts 146.57, and Grossenburg 600.00.

WATER: NPPD 20.50, REA 2,020.75, Co-Op 82.10, J. Hans – deposit refund 70.67, Dollar

General 13.50, and Hartelco 85.98.

SEWER: NPPD 4,339.25, Hartelco 43.17, P & E 450.96, Wiechelman 381.40, Foodtown 17.28, And US Cellular 63.97.

FIRE: Fort Dearborn 103.20, Hartelco 77.52, US Cellular 66.06, NPPD 130.83, P & E 172.50,

Cedar County Auto Parts 31.05, Co-Op 231.26, Jerrys 74.90, and Kruse 28.56.

POLICE: US Cellular 84.38, and Hartelco 51.51.

CEMETERY: Cedar Knox Rural Water 35.50, Co-Op 48.20, and Carhart 2.91.

SANITATION: Bomgaars 23.37, and L.P. Gill 3,349.06.

AMBULANCE: US Cellular 66.06, Co-Op 332.33, Dollar General 5.00, Kruse 5.99, and Matheson 21.12.

RECREATION: Cedar County News 390.48, Hartington Shopper 325.00, NPPD 43.16, Bomgaars 45.48, And Kruse 231.51.

POOL: NPPD 716.42, and Source Gas 638.26.

PARK: NPPD 1,811.47, P & E 1,673.10, Co-Op 47.45, Bomgaars 172.27, and Cedar County Auto

Parts 7.38.

COMPLEX: NPPD 485.40, Hartelco 39.42, P & E 331.25, X-Pert Lawn 1,375.00, Bombaars 129.93, And Kruse 4.99.

LIBRARY: NPPD 482.54, Hartelco 123.55, D & J 15.75, and Kruse 56.47.

CITY: NPPD 201.31, Premear Lawn 10.00, Patty Guy 45.00, and D & J 115.97.

AUDITORIUM: NPPD 269.09, Mike’s Electric 579.67, and Kruse 146.42.

ECONOMIC DEV.: Cedar County News 48.23, US Cellular 99.71, and Hartelco 52.74.

TRANSFER STATION: REA 136.23, Hartelco 56.52, Bomgaars 17.88, Grossenburg 2.96, Co-Op 473.48, Jerry’s 231.01, and Gill Hauling 644.05.

INSURANCE: Washington National 30.00.

A motion to pay the bills except the Kruse bill was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, Kruse – yes, and Burbach – yes. Motion carried. A motion to pay the Kruse bill was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, and Burbach – yes. Motion carried. Kruse abstained.

A motion to adjourn was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen – yes, Kruse – yes, and Addison – yes. Motion carried. The meeting was adjourned at 8:45 P.M. The next meeting is tentatively scheduled for October 22, 2012

Respectfully submitted,

Crystal Lenzen

City Clerk ~ Treasurer

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WYNOT PUBLIC SCHOOLS, DISTRICT 14-0101

BOARD OF EDUCATION MINUTES

October 16, 2012

A regular meeting of the Board of Education, Wynot Public Schools, Dist. 101, was called to order by the President, Neal Hochstein, on October 16, 2012 at 8:45 p.m. The public is advised a copy of the Open Meetings Act is available on the table in the Home Economics Room at Wynot Public Schools. The meeting began with the Pledge of Allegiance. Roll call showed the following board members present: Neal Hochstein, Dean Heine, Kenny Wieseler, Laurie Schulte, Danny Wieseler and Alison Lange. Also present were Director of Services Craig Frerichs, Principal Richard M. Higgins and Business Manager Chrys Koch.

Motion by Heine and seconded by Schulte to certify the meeting was properly advertised and adopt the agenda. Carried 6-0.

Motion by D. Wieseler and seconded by Lange to approve the Consent Agenda, items including minutes of the September 18, 2012 regular school board meeting, September 18, 2012 Budget Hearing Meeting and September 18, 2012 Levy Setting Hearing; the Treasurer’s Report; the General Fund bills in the amount of $143,431.04 which includes payroll, the School Food Fund bills in the amount of $10,029.49 which includes payroll, the COOP Fund bills in the amount of $122.08 and the Qualified Capitol Purpose Undertaking Fund bills in the amount of $2,286.00. Carried 6-0.

GENERAL FUND: Airgas $142.99; AmSan $444.73; Cedar County News $376.52; Chase $234.51; Cedar-Knox PPD $2,077.13; Ebsco $24.95; ESU #8 $1,166.99; Folkers Bros $1,394.48; Four Seasons $20.00; J. Freeman $55.50; Harris $2,890.81; A. Hochstein $20.00; JW Pepper $7.60; Ch. Koch $112.11; Menford Hardware $35.42; Mike’s Electric $198.82; Mike’s Band $50.00; Mollet Music $75.84; Office Depot $214.34; Olsen’s Pest $163.35; PayFlex $100.00; K. Petersen $14.43; Scholastic $125.77; Sudbeck Service $96.97; Ch. Tramp $83.67; United Bank Iowa $241.00; Village Wynot $80.10; WPS Activity Fund $211.00. COOP FUND: ESU #1 $122.08. QUALIFIED CAPITOL PURPOSE UNDERTAKING FUND: Karl’s $2,286.00.

Motion by K. Wieseler and seconded by D. Wieseler to approve first reading for Policy #6117 Ceremonies, Observances and the Pledge of Allegiance. Carried 6-0.

Motion by Schulte and seconded by Heine to approve first reading for Policy #407.07 Negotiations. Carried 6-0.

Motion by D. Wieseler and seconded by Lange to approve second reading for Policy #4060 Voluntary Early Retirement. Carried 6-0.

Agenda items discussed with no official action taken were: Review district board website; discuss October 10, 2012 meeting with the Wynot Village Board and Building and Grounds Committee, concerning the concession stand building.

The Principal and Administrator reports were presented.

President, Neal Hochstein, adjourned the meeting at 9:20 p.m.

The next regular board meeting has been set for November 13, 2012 at 8 p.m.

Respectfully submitted,

Kenneth G. Wieseler,

Secretary

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NOTICE OF ORGANIZATION

NOTICE IS HEREBY GIVEN that HFC Properties, LLC, a Nebraska Limited Liability Company, is organized under the laws of the State of Nebraska, with its registered office at 110 West Main St., Hartington, NE 68739. The general nature of its business is to engage in and to do any lawful act concerning any and all lawful business, other than banking or insurance, for which a limited liability company may be organized under the laws of Nebraska; and for all other purposes authorized by law, to the same extent as natural personal might or could do. The limited liability company was formed on October 22, 2012, and has perpetual existence. Its affairs shall be conducted by the Members pursuant to the Operating Agreement duly adopted by the Company.

JAMES P. MEURET

Attorney at Law

For the Members

103 Franklin St.

P.O. Box 429

Brunswick, NE 68720

(402 842-9017

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NOTICE

IN THE COUNTY COURT OF CEDAR COUNTY, NEBRASKA

Estate of Dean C. Bruening

Estate No. PR #12-39

Notice is hereby given that on October 12, 2012, in the County Court of Cedar County, Nebraska, the Registrar issued a written statement of Informal Probate of the Will of said Decedent and that Richard Bruening 897870-0563rd Avenue, St. Helena, NE 68774 was informally appointed by the Registrar as Personal Representative of the Estate.

Creditors of this Estate must file their claims with this Court on or before Dec. 31, 2012 or be forever barred.

Diane L. Sudbeck

Clerk of the County Court

Cedar County Courthouse

P.O. Box 695

Hartington, NE 68739

Robert W. Klimisch

Attorney at Law #21201

319 Broadway

Yankton, SD 57078

605/665-9495

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NOTICE

IN THE COUNTY COURT OF CEDAR COUNTY, NEBRASKA

Estate of IVA A. CATHERMAN, Deceased

Estate No. PR 12-18

Notice is hereby given that on the Application for Appointment of Successor Personal Representatives, Patrick G. Rogers was appointed Successor Personal Representative for this Estate on October 17, 2012.

Diane L. Sudbeck

Clerk of the County Court

P.O. Box 695

Hartington, NE 68739

Patrick G. Rogers

BROGAN & GRAY, P.C., L.L.O.

110 North 16th Street, Suite 22

P.O. Box 1901

Norfolk, NE 68701

(402) 644-7242

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NOTICE OF

TRUSTEE’S SALE

The following-described property will be sold at public auction to the highest bidder at the Cedar County Courthouse in Hartington, Cedar County, Nebraska, on November 28, 2012, at 11:00 a.m. pursuant to the terms of the Deed of Trust dated August 25, 2005, and filed of record in the office of the Clerk and Register of Deeds of Cedar County, Nebraska, on August 26, 2005, in Book 245 at Pages 360 to 367, and in the office of the County Clerk of Wayne County, Nebraska, on August 26, 2005, as Document No. 051120, as thereafter assigned, wherein CLAY L. HEYDON and VERJEAN M. HEYDON, Husband and Wife, are identified as the “Trustors” and MLIC CB Holdings, LLC is the Successor Beneficiary:

The Northeast Quarter of Section Twenty-seven, Township Twenty-eight North, Range Three East of the Sixth Principal Meridian, Cedar County, Nebraska;

The Northwest Fractional Quarter of Section Seven, Township Twenty-eight North, Range Three East of the Sixth Principal Meridian, Cedar County, Nebraska, excepting therefrom: Beginning at the Northwest corner of said Section Seven; thence Easterly on the North line of the Northwest Quarter of said Section Seven, a distance of 1,769.0 feet to a point; thence Southerly 90° right, a distance of 33.0 feet to a point; thence Southwesterly a distance of 157.2 feet to a point 80.0 feet southerly from, at right angles to said North line; thence Westerly and on a line 80.0 feet southerly from and parallel to said North line; thence Westerly and on a line 80.0 feet southerly from and parallel to said North line a distance of 1,619.0 feet to a point on the West line of said Northwest Quarter; thence Northerly on said West line a distance of 80.0 feet to the point of beginning;

The Northeast Quarter of Section Twelve, Township Twenty-eight North, Range Two East of the Sixth Principal Meridian, Cedar County, Nebraska; excepting therefrom a strip of land across the Northern part of the Northeast Quarter of said Section Twelve, described as follows: Beginning at the Northeast corner of said Section Twelve; thence Westerly on the North line of the Northeast Quarter of said Section Twelve a distance of 2,644.7 feet to the Northwest corner of said Northeast Quarter; thence Southerly on the West line of said Northeast Quarter a distance of 181.1 feet; thence Easterly 96°51′ left a distance of 504.6 feet to point of curvature; thence continuing Easterly on an 11,409.16 foot radius curve to the right (initial tangent of which coincides with the last described course) a distance of 1,294.3 feet to the point of tangency, said point being 49.8 feet Southerly from said North line; thence continuing Easterly, tangent, a distance of 852.1 feet to a point on the East line of said Northeast Quarter; thence Northerly on said East line a distance of 49.4 feet to the point of beginning;

That portion of the South Half of the Southeast Quarter of the Northwest Quarter (S½ SE¼ NW¼) of Section Six, Township Twenty-eight North, Range Three East of the Sixth Principal Meridian, Cedar County, Nebraska, lying South of the Chicago, Burlington & Quincy Railroad right-of-way;

That portion of the North Half of the Southwest Quarter (N½ SW¼) of Section Six, Township Twenty-eight North, Range Three East of the Sixth Principal Meridian, Cedar County, Nebraska, lying South of the Chicago, Burlington & Quincy Railroad right-of-way;

The East Half of the Southeast Quarter of the Southwest Quarter (E½ SE¼ SW¼) of Section Six, Township Twenty-eight North, Range Three East of the Sixth Principal Meridian, Cedar County, Nebraska; excepting therefrom: A strip of land across the Southern part of the Southwest Quarter of said Section Six as follows: Beginning at the Southwest corner of said Section Six; thence Easterly on the South line of the Southwest Quarter of said Section Six a distance of 2,521.7 feet to the Southeast corner of said Southwest Quarter; thence Northerly on the East line of said Southwest Quarter a distance of 70.6 feet; thence Westerly on a line 70.6 feet Northerly from and parallel to said South line a distance of 794.6 feet; thence Southwesterly a distance of 65.1 feet to a point 40.0 feet Northerly from said South line; thence continuing Northwesterly a distance of 146.8 feet to a point 90.0 feet Northerly from said South line; thence Westerly a distance of 207.0 feet to a point 82.0 feet Northerly from said South line; thence Westerly a distance of 202.6 feet to a point 50.6 feet Northerly from said South line; thence continuing Westerly on a line 50.6 feet Northerly from and parallel to said South line a distance of 727.1 feet to a point on the West line of said Southwest Quarter; thence Southerly on said West line a distance of 50.6 feet to the point of beginning; to the extent that such excepted parcel is part of the East Half of the Southeast Quarter of the Southwest Quarter (E½ SE¼ SW¼) of said Section Six;

The Southeast Quarter of Section Fifteen, Township Twenty-eight North, Range Two East of the Sixth Principal Meridian, Cedar County, Nebraska, excepting therefrom a tract of land located in the Southwest corner of the Southeast Quarter of said Section Fifteen, more particularly described as follows: Beginning at the Southwest corner of the Southeast Quarter, extend thence East along the South line of said Southeast Quarter, a distance of 660 feet to a point, thence extend North, parallel with the West line of said Southeast Quarter, a distance of 390 feet to a point; thence extend Northwesterly at an angle of 45° North 39′ West, a distance of 369.1 feet to a point; thence extend West, parallel with the South line of said Southeast Quarter, a distance of 396 feet to a point on the West line of said Southeast Quarter; thence extend South along the West line of said Southeast Quarter, a distance of 648 feet to the point of beginning;

The Southeast Quarter of Section One, Township Twenty-seven North, Range Two East of the Sixth Principal Meridian, Wayne County, Nebraska,

together with water and watering rights of every kind and description, all improvements, fixtures and appurtenances, and all irrigation pumps, motors, engines, pipes, sprinklers, control panels and accessories, and all other irrigation equipment connected therewith,

EXCEPT that equipment located on the Northwest Quarter of Section 7, Township 28 North, Range 3 East of the 6th P.M., Cedar County, Nebraska, and identified as a Valley 8000 Center Pivot: 7-10 Towers 1063550, in which FARM CREDIT SERVICES OF AMERICA, PCA claims a purchase money security interest pursuant to a UCC Financing Statement filed of record in the office of the Nebraska Secretary of State on May 27, 2008, as Filing No. 9808400628-5, and in the office of the Clerk and Register of Deeds of Cedar County, Nebraska, on May 28, 2008, in Book 261 at Pages 661 to 662.

On the date of sale, the successful bidder shall be required to forthwith pay the full amount of the price bid, and upon receipt of payment, the Trustee shall execute and deliver a Trustee’s Deed in accordance with Neb. Rev. Stat. § 76-1010.

Arend R. Baack,

Attorney for Trustee

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NOTICE OF TRUSTEE’S SALE

The following described property will be sold at public auction to the highest bidder on 12/10/2012, at 10:00 a.m. at the West door of the Cedar County Courthouse, 101 South Broadway Avenue, Hartington, NE 68739:

THE FOLLOWING DESCRIBED REAL ESTE (AS DEFINED IN NEB. REV. STAT. 76-201) IN CEDAR COUNTY, NEBRASKA: LOT SIX (6) AND THE NORTH HALF OF LOT FIVE (N1/2 LOT 5), BLOCK SEVENTY (70), ORIGINAL TOWN OF HARTINGTON, CEDAR COUNTY, NEBRASKA. BEING THE SAME PROPERTY CONVEYED TO JOHN B. SUING AND ALICE M. SUING, HUSBAND AND WIFE, AS JOINT TENANTS BY DEED FROM JOHN B. SUING AND ALICE M. SUING, HUSBAND AND WIFE, DATED 6/18/1983, FILED 6/6/1983 AND RECORDED IN DEED IN BOOK 119, PAGE 100 IN CEDAR COUNTY RECORDS

All subject to any and all: (1) real estate taxes, (2) special assessments, (3) easements, covenants, restrictions, ordinances, and resolutions of record which affect the property, and (4) unpaid water bills, (5) prior mortgages and trust deed of record and (6) ground leases of record. The purchaser is responsible for all fees or taxes. This sale is made without any warranties as to title or condition of the property.

By: Eric Lemp, Trustee, NSBA# 24096

Kozeny & McCubbin, LC

12400 Olive Blvd.,

Suite 555

St. Louis, MO 63141

(314) 991-0255

First Publication

10/31/2012, final 11/28/2012

Published in the Hartington Cedar Co. News

K&M Filename: SUIALNOR

THIS FIRM IS A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN FROM YOU WILL BE USED FOR THAT PURPOSE.

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