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Public Notice STATE OF MINNESOTA COUNTY

Public Notice STATE OF MINNESOTA COUNTY OF DOUGLAS SEVENTH JUDICIAL DISTRICT DISTRICT COURT Case Type: Other-Trust In re: Clement A. Bitzan Trust Agreement and First Amendment dated June 2, 2017 Court File No. 21-CV-22-1642 NOTICE AND ORDER FOR HEARING PURSUANT TO MINN. STAT. § 501C.0202 IT IS ORDERED AND NOTICE IS GIVEN that a Petition signed by Evangeline F. Widman, Julia A. Skubic, RaMona M. Lien, Marilyn A. Bitzan, George J. Bitzan, Patrick J. Bitzan, Paul M. Bitzan and Lauren E. Bitzan pursuant to Minnesota Statute sections 501 C.0202 dated September 9, 2022 has been filed with the Court. The Petition requests an order for the following relief: 1. Fix a time and place for hearing on this Petition; and a. Compelling a full and complete accounting from July 17, 2015 to the present; b. Compelling a full and complete disclosure of all assets of the Trust; c. Removing Diane Lukes and Cletus Bitzan as Co-Trustees of the Trust; d. The appointment of a neutral and independent Trustee of the Trust; e. Requiring Diane Lukes and Cletus Bitzan to provide evidence supporting the precise date they became Successor Co-Trustees of the Trust, and the basis for their appointment; f. Requiring Diane Lukes and Cletus Bitzan provide any and all information regarding Trust assets, including but not be limited to all information regarding securities, funds, bank accounts, and real property into which all Trust corpus was invested from July 17, 2015 to the present; g. Determining that the Trust is subject to continuing jurisdiction of the Court pursuant to Minn. Stat. §501C.0205; h. Disgorging any and all attorneys’ fees paid from the Trust assets to date; i. Surcharging for funds improperly removed or distributed from the Trust; j. Granting such other relief as may be just and proper. Any objections to the Petition must be filed with the Court prior to or at the hearing. If no objections are filed the Petition may be granted. The Court represents all persons in interest who are minors or incapacitated, or unborn, unascertained or whose identity or address is unknown and not reasonably ascertainable, and has determined that all other persons with an interest in the Trust are represented under sections 501C.0301 to 501C.0304. IT IS ORDERED, that the Petition will be heard on January 20, 2023, at 9:00 a.m. by this Court via Zoom. 1. Notice has been given to all persons named in the Petition as having or as claiming an interest in the Trust. 2. Notice will also be given by: a.X In Rem Jurisdiction: Mailing a copy of this Notice and Order for Hearing to all persons named in the Petition as having or who may claim to have an interest in the Trust, at their last known addresses by U.S. Postal Service at least 15 days prior to the hearing date, and Publishing this Notice and Order for Hearing one time at least 20 days prior to the hearing date in a legal newspaper of Douglas County, Minnesota. b.[ ] D In Personam Jurisdiction Giving notice to the current Trustees and the Qualified Beneficiaries in the same manner as set forth under Rule 4 of the Rules of Civil Procedure by serving a copy of the order for hearing and the petition at least 15 days prior to the hearing unless waived in writing by the current Trustees and the Qualified Beneficiaries or if a Qualified Beneficiary is a minor or incapacitated notice shall also be given to any representative person in accordance with Minnesota Statute sections 501C.0301 to 501C.0305, acting on behalf of the Qualified Beneficiary who is known to the Petitioner. Dated: December 1, 2022 (COURT SEAL) BY THE COURT /s/ Michelle L. Clarke Judge of District Court Sara N. Wilson, #300706 Heidi M. Torvik, #0396746 Lommen Abdo, P.A. 920 Second Avenue South, Suite 1000 Minneapolis, MN 55402 (612) 336-9343 (SNW) (612) 336-1277 (HMT) swilson@lommen.com htorvik@lommen.com (Dec. 14, 2022) 130080