Legal Notices 12-30
NOTICE OF REAL ESTATE SALE
CIVIL NUMBER: 51-2019-CV-01277
IN THE STATE OF NORTH
DAKOTA, COUNTY OF WARD
IN THE DISTRICT COURT, NORTH
CENTRAL JUDICIAL DISTRICT
NewRez LLC F/K/A New Penn
Financial, LLC D/B/A Shellpoint
Mortgage Servicing,
Plaintiff,
v.
Jackie A. Johnson; Kevin D. McKin-
stry; Discover Bank; any person in
possession, and all persons unk-
nown, claiming any estate or interest
in, or lien or encumbrance upon, the
real estate described in the com-
plaint,
Defendants.
1. Judgment in the amount of
$108,692.05, having been entered in
favor of Plaintiff and against Defen-
dants, which Judgment was filed
with the Clerk of Courts of Ward
County, North Dakota, on November
17, 2020, for the foreclosure of a
real estate mortgage.
2. Notice is hereby given pursuant to
said Judgment that the real property
described as:
Lot 1, Block 2, Bodien’s Subdivision
of Lots 4, 5, 6, 7, S1/2 8, and S1/2 3,
all in Block 3, Home Acres Addition
to the City of Minot, Ward County,
North Dakota.
MORE CORRECTLY DESCRIBED
AS FOLLOWS:
Lot 1, Block 2, Bodien’s Subdivision
of Lots 4, 5, 6, 7, S1/2 8, and S1/2 3,
all in Block 3, Home Acres Addition
to the City of Minot, Ward County,
North Dakota, plus 1/2 adjacent va-
cated alley.
With an address of 1722 South Main
Street, Minot, ND 58701, and being
the subject of the Mortgage dated
June 3, 2010, which Mortgagors,
Jackie A. Johnson and Kevin D.
McKinstry, executed and delivered
to Mortgage Electronic Registration
Systems, Inc., as Mortgagee, as
nominee for Dacotah Bank, its suc-
cessors and assigns, and recorded
in the office of the Clerk and Record-
er of Ward County, North Dakota, on
June 9, 2010, Instrument Number
2911121, is subject to the entered
Judgment. Said Mortgage was as-
signed to Plaintiff, its successors or
assigns, by Assignment of Mortgage
recorded June 18, 2018, Instrument
Number 3019434.
3. In order to realize the amount of
$108,692.05, as of November 17,
2020, plus interest accruing
thereafter on said amount at the rate
of 5.25% per year together with the
costs and expenses of sale, the pro-
perty will be sold subject to redemp-
tion as provided by law as one par-
cel of land at public auction, subject
to any lien for unpaid real estate
taxes and assessments of Ward
County, North Dakota, and ease-
ments and restrictions of record, to
the highest bidder for cash under the
direction of the Sheriff of Ward
County, North Dakota, at the main
entrance of the Ward County Court-
house located at 315 SE 3rd Street,
Minot, North Dakota 58701, on
February 3, 2021 (“Sale Date”), at
10:00 AM.
4. If the sale is set aside for reason,
the Purchaser at the sale shall be
entitled only to a return of the depo-
sit paid. The purchaser shall have
no further recourse against the Mort-
gagor, the Mortgagee or the
Mortgagee’s attorney.
DATED this 21st day of December,
2020.
For: Robert Roed
/s/Jamie Williams
Deputy Sheriff of Ward County
Halliday, Watkins & Mann, P.C.
/s/ Scott S. Skeen
Attorneys for Plaintiff
376 East 400 South, Suite 300
Salt Lake City, UT 84111
801-355-2886
Email: scott@hwmlawfirm.com
ND Bar No.: 09334
(December 30, 2020; January 6-13,
2021)
NOTICE OF SALE
Case No. 51-2020-PR-00800
IN DISTRICT COURT, WARD
COUNTY, NORTH DAKOTA
American Bank Center,
Plaintiff,
vs.
Capped Out LLC. and
Capital Credit Union,
Defendants.
NOTICE IS HEREBY GIVEN that by
virtue of a Judgment and decree in
foreclosure, rendered by the District
Court of the North Central Judicial
District, in and for the County of
Ward, State of North Dakota, and
entered and docketed in the office of
the Clerk of the District Court, in and
for said County, on the 2nd day of
November, 2020, in an action
wherein American Bank Center was
Plaintiff, and Capped Out, LLC and
Capital Credit Union were Defen-
dants, in favor of the Plaintiff and
against the Defendants for the sum
of $521,746.99, which Judgment
and decree, among other things,
directs the sale of the real estate
hereinafter described, and by virtue
of a writ issued to me by the Clerk of
said Court, in and for Ward County,
and under the seal of said Court,
directing me to sell said real proper-
ty, pursuant to said Judgment and
decree, I, Robert Roed, Sheriff of
Ward County will sell the hereinafter
described real estate to the highest
bidder for cash, at public auction at
the front door of the courthouse in
the City of Minot, Ward County,
North Dakota, on the 27th day of
January, 2021, at 10:00 a.m. of that
day, to satisfy the said Judgment
with interest and costs thereon, and
the costs and expenses of such
sale, or so much thereof as the
proceeds of such sale applicable
thereto will satisfy.
The premises to be sold pursuant to
said Judgment and decree and to
said writ and to this notice, are
described in said Judgment, decree
and writ as follows:
Lots 126, 127, 128 and 129, Elm-
wood, an Addition to the City of
Minot, Ward County, North Dako-
ta, Less Portion of Lot 127 for
highway.
Dated this 21st day of December,
2020.
/s/Jamie Williams
Jamie Williams,
Deputy of Ward County
For: Robert Roed
Sheriff of Ward County,
North Dakota
OLSON & BURNS P.C.
P. O. Box 1180
Minot, ND 58702-1180
(December 30, 2020; January 6-13,
2021)
NOTICE TO CREDITORS
51-2020-PR-00240
IN THE DISTRICT COURT OF
WARD COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of Joyce
Cyrus, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
Personal Representatives of the
above estate. All persons having
claims against the deceased are re-
quired to present their claims within
three months after the date of the
first publication of this notice or said
claims will be forever barred. Claims
must be presented to Mark
Westereng, in care of Thomas Law
Firm, 114 South Main Street, P.O.
Box 2298, Minot, North Dakota
58702, or filed with the Court.
Dated this 10th day of November,
2020.
/s/Mark Westereng
Mark Westereng
c/o THOMAS LAW FIRM
114 South Main Street
P.O. Box 2298
Minot, ND 58702
(December 16-23-30, 2020)
NOTICE TO CREDITORS
Probate No. 51-2020-PR-00235
IN THE DISTRICT COURT OF
WARD COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of
DeVonna M. Klimpel, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
personal representative of the above
estate. All persons having claims
against the said deceased are re-
quired to present their claims within
three months after the date of the
first publication or mailing of this no-
tice or said claims will be forever
barred. Claims must either be
presented to Russell L. Klimpel, Per-
sonal Representative of the estate,
at 2525 Elk Drive, P.O. Box 1000,
Minot ND 58702-1000, or filed with
the Court.
Dated this 10th day of December,
2020.
/s/Russell L. Klimpel
Russell L. Klimpel
Matthew H. Olson – #06182
PRINGLE & HERIGSTAD, P.C.
2525 Elk Drive
P.O. Box 1000
Minot, ND 58702-1000
molson@pringlend.com
Attorneys for: Personal
Representative
(December 16-23-30, 2020)
NOTICE TO CREDITORS
Probate No. 51-2020-PR-00236
IN THE DISTRICT COURT OF
WARD COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of
Richard B. Leavitt, a/k/a Dick
Leavitt, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned have been appoint-
ed co-personal representatives of
the above estate. All persons having
claims against the said deceased
are required to present their claims
within three months after the date of
the first publication or mailing of this
notice or said claims will be forever
barred. Claims must either be
presented to Roy Leavitt and Brenda
Cerkowniak, Co-Personal Represen-
tatives of the estate, at 2525 Elk
Drive, P.O. Box 1000, Minot ND
58702-1000, or filed with the Court.
Dated this 10th day of December,
2020.
/s/Roy Leavitt
Roy Leavitt
/s/Brenda Cerkowniak
Brenda Cerkowniak
Brent M. Olson – #05593
PRINGLE & HERIGSTAD, P.C.
2525 Elk Drive
P.O. Box 1000
Minot, ND 58702-1000
bolson@pringlend.com
Attorneys for: Co-Personal
Representatives
(December 16-23-30, 2020)
NOTICE TO CREDITORS
Probate No. 51-2020-PR-00244
IN THE DISTRICT COURT OF
WARD COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of
Reginald P. Morelli, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
personal representative of the above
estate. All persons having claims
against the said deceased are re-
quired to present their claims within
three months after the date of the
first publication or mailing of this no-
tice or said claims will be forever
barred. Claims must either be
presented to Brenda J. Morelli, Per-
sonal Representative of the estate,
at 2525 Elk Drive, P.O. Box 1000,
Minot ND 58702-1000, or filed with
the Court.
Dated this 17th day of December,
2020.
/s/Brenda J. Morelli
Brenda J. Morelli
Matthew H. Olson – #06182
PRINGLE & HERIGSTAD, P.C.
2525 Elk Drive
P.O. Box 1000
Minot, ND 58702-1000
molson@pringlend.com
Attorneys for: Personal
Representative
(December 23-30, 2020; January 6,
2021)
NOTICE TO CREDITORS
Probate No. 51-2020-PR-00242
IN THE DISTRICT COURT OF
WARD COUNTY, STATE OF
NORTH DAKOTA
In the Matter of the Estate of
Theodore R. Voeller, a/k/a Ted
Voeller, Deceased.
NOTICE IS HEREBY GIVEN that
the undersigned has been appointed
personal representative of the above
estate. All persons having claims
against the said deceased are re-
quired to present their claims within
three months after the date of the
first publication or mailing of this no-
tice or said claims will be forever
barred. Claims must either be
presented to Theodore R. Voeller II,
Personal Representative of the
estate, at 2525 Elk Drive, P.O. Box
1000, Minot ND 58702-1000, or filed
with the Court.
Dated this 18th day of December,
2020.
/s/Theodore R. Voeller II
Theodore R. Voeller II
Matthew H. Olson – #06182
PRINGLE & HERIGSTAD, P.C.
2525 Elk Drive
P.O. Box 1000
Minot, ND 58702-1000
molson@pringlend.com
Attorneys for: Personal
Representative
(December 23-30, 2020; January 6,
2021)
SUMMONS
Case No. 51-2020-CV-01751
STATE OF NORTH DAKOTA,
COUNTY OF WARD, IN DISTRICT
COURT, NORTH CENTRAL
JUDICIAL DISTRICT
First International Bank & Trust,
Plaintiff,
v.
Lavern J. Haas and all other persons
unknown claiming any estate or in-
terest in or lien or encumbrance
upon, the property described in the
Complaint,
Defendants.
THE STATE OF NORTH DAKOTA
TO THE ABOVE NAMED DEFEN-
DANTS:
YOU ARE HEREBY SUMMONED
to answer the Complaint in this ac-
tion, which is on file with the Clerk of
the District Court, and to serve a
copy of your answer upon the sub-
scriber within 21 days after the ser-
vice of this summons upon you, ex-
clusive of the day of service, and in
case of your failure to appear or
answer, judgment will be taken
against you by default for the relief
demanded in the Complaint.
This action relates to the foreclosure
of a mortgage upon certain real
estate situated in the County of
Ward, State of North Dakota
described as follows:
That portion of Outlot 9 of the
NE1/4 Section 35, Township 155
North, Range 83 West of the 5th
P.M., Ward County, North Dakota,
more fully described as follows:
Beginning at a point 2131 feet
South along the East line of said
NE1/4 and 350 feet West of the
Northeast corner of said NE1/4,
said point being on the Southeast
corner of said Outlot 9 and north-
erly limits of 28th Avenue
Southwest; thence running west
along the south line of said Outlot
9 and northerly limits of 28th
Avenue Southwest a distance of
330 feet to a point on the
Southwest corner of said Outlot
9, thence North along the West
line of said Outlot 9 a distance of
251.6 feet, thence South 52 feet
East a distance of 176.3 feet,
thence east along a line 131 feet
north of a parallel with the South
line of said Outlot 9 a distance of
201.3 feet, to a point on the east
line of said Outlot 9, thence South
along the East line of said Outlot
9 a distance of 131 feet, more or
less, to the point of beginning
Plaintiff reserves the right to seek a
personal money judgment against
the Defendant Lavern J. Haas.
Dated this 17th day of December,
2020.
Jon R. Brakke (#03554)
jbrakke@vogellaw.com
VOGEL LAW FIRM
218 NP Avenue, PO Box 1389
Fargo, ND 58107-1389
Telephone: 701.237.6983
(December 23-30, 2020; January 6,
2021)