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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)

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