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1008895 Order to Show Cause - Kienitz Title Cancellation

Order to Show Cause

Publish November 25, December 2, 2009







Court file: 21-CV-09-2111

In the matter of the Petition of

Federal National Mortgage Association

In relation to Certificate of Title No. 2612 issued for land in the County of Douglas and State of Minnesota and legally described as follows:

Beginning at a point on the center line of County State Aid Highway No. 3, which is 1094 feet southeasterly of its intersection with the South Boundary line of the North Half of the Northeast Quarter (N 1/2 of NE 1/4) of Section Twenty-Three (23), township One Hundred Twenty-Eight (128), Range Thirty-Six (36); thence due East 280 feet; thence South at right angles 210 feet; thence due West to the center line of said highway; thence Northwesterly along the center line of said County State Aid Highway No. 3 to the place of beginning.

To: William L. Kienitz

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 23rd day of December, 2009 at 11:45 a.m. in the Douglas County Government Center, in the city of Alexandria, State of Minnesota, and then or as soon thereafter as the above-entitled 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 filing with her of a certified copy of this order, cancel Certificate of Title No. 2612 and enter a new certificate of title for the Property in favor of Federal National Mortgage Association, free from all memorials contained on Certificate of Title No. 2612, except that the following memorials shall be listed on such new Certificate of Title:

a. Document No. T353, being an Easement date September 19, 1938, in favor of Douglas County Light & Power Association, registered October 16, 1940.

b. Document No. T1535, being an Easement dated February 1, 1961, in favor of Northern Natural Gas Company, registered February 6, 1961.

c. Document No. T7849, being a Partial Release of Right of Way Easement dated November 24, 1993, in favor of Whom it May Concern, registered January 6, 1994.

d. Document No. T11699, being a Highway Easement dated March 14, 2001, in favor of County of Douglas, State of Minnesota, registered June 29, 2001.

e. Document No. T15501, being a Mortgage dated November 10, 2004, in the original principal amount of $73,000 in favor of Mortgage Electronic Registration Systems, Inc., a corporation acting as Nominee for Lender GSF Mortgage Corporation, registered November 24, 2001, at 1:00 p.m.

and free also from the memorial of this Order.

IT IS FURTHER ORDERED, that this Order be served:

(a) at least ten (10) days prior to such hearing upon all the above-named parties residing in this state in the manner provided by law for the service of a summons in a civil action;

(b) it shall be served at least fourteen days prior to such hearing upon any of the above-named non-residents by sending a copy of this Order to such nonresident 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 fourteen 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 fourteen 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;

Upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat. Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn. Stat. 5.25. (Note: return date on Order to Show Cause must be at least 30 days after date of mailing by the Secretary of State.)


Dated: November 2, 2009

By: /s/ Scott T. Johnston

Examiner of Titles

By: /s/ Ann Carrott

Judge of District Court


BY: Melissa L. Baldridge Porter - 0337778

Attorney for Petitioner

12550 West Frontage Road, Ste. 200

Burnsville, Minnesota 55337

(952) 831-4060

(952) 831-4734 (fax)

Only those who wish to object aforementioned order are required to appear before the court as directed by this order to show cause.