STATE OF MINNESOTA
COUNTY OF SHERBURNE
TENTH JUDICIAL DISTRICT
Case Type: 14 – Other Civil
Real Estate/Declaratory Judgment
U.S. Bank National Association, as Trustee Relating to J.P. Morgan Mortgage Acquisition Corp. 2005-FRE1 Asset Backed Pass-Through Certificates, Series 2005-FRE1, Plaintiff,
Wilson S. Zeah, Felicia O. Zeah, Eric C. Abbott, Keri J. Abbott, Mortgage Electronic Registration Systems, Inc., Fremont Investment & Loan, also all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein,
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
Peterson, Fram & Bergman, P.A.
55 East Fifth Street, #800
St. Paul MN 55101
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the complaint even if you expect to use alternative means of resolving this dispute
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Sherburne County, State of Minnesota, legally described as follows:
All that part of the East Half of the Southwest Quarter (E 1/2 of SW 1/4) of Section Fourteen (14), Township Thirty-five (35), Range Twenty-nine (29), Sherburne County, Minnesota, described as follows: Commencing at the Southeast corner of said East Half of the Southwest Quarter (E 1/2 of SW 1/4) thence on an assumed bearing of North 0 degrees 04 minutes 52 seconds East along the East line of said East Half (E 1/2) a distance of 1988.38 feet to the point of beginning of the parcel to be described; thence North 89 degrees 59 minutes 17 seconds West, a distance of 1329.65 feet to the West line of said East half (E 1/2); thence South 0 degrees 06 minutes 10 seconds West a distance of 333.46 feet along said West line; thence South 89 degrees 59 minutes 40 seconds East a distance of 1329.77 feet to the East line of said East Half (E 1/2) thence North 0 degrees 04 minutes 52 seconds East along the said East line a distance of 333.31 feet to the point of beginning and there terminating. Together with an ingress egress easement over the Easterly 66.00 feet of East Half of the said Southwest Quarter (E 1/2 of SW 1/4).
Except that part thereof conveyed to the State of Minnesota by Warranty Deed dated November 21, 1963, filed of record February 11, 1964 as Doc. No. 98591, described as all that part of the three following tracts:
1. The Southeast Quarter of the Northwest Quarter (SE 1/4 of NW 1/4) of Section Fourteen (14), Township Thirty-five (35) North, Range Twenty-nine (29) West.
2. The Northeast Quarter of the Southwest Quarter (NE 1/4 of SW 1/4) of Section Fourteen (14), Township Thirty-five (35) North, Range Twenty-nine (29) West.
3. The Northwest Quarter of the Southeast Quarter (NW 1/4 of SE 1/4) of Section Fourteen (14), Township Thirty-five (35), Twenty-nine (29) West.
which lies within a distance of 75 feet on each side of the following described line:
Beginning at a point on the South line of Section Twenty-three (23), Township Thirty-five (35) north, Range Twenty-nine (29) West, distant 40.5 feet west of the southeast corner thereof; thence run northerly for 1690.7 feet along a line which if extended would intersect the east and west quarter line of said section 23, distant 42 feet west of the east quarter corner thereof; thence deflect to the left on a 2deg. 00 curve (delta angle 29deg. 30;) for 1475 feet; thence on tangent to said curve 3693.9 feet; thence deflect to the right on a 2deg. 00 (delta angle 28deg. 48) for 1440 feet; thence on tangent to said curve for 1700 feet and there terminating; together with all that part of the northwest quarter of the southeast quarter (NW1/4 of SE1/4) of said section fourteen (14), which lies easterly of the westerly 33 feet thereof and southwesterly of the above described strip; also together with a triangular piece adjoining and Westerly of the first above described strip and Northeasterly of the following described line:
Beginning at a point on the Westerly boundary of the first above described strip, distant 100 feet Southerly of its intersection with a line run parallel with and distant 33 feet south of the north line of the Southeast Quarter of the Northwest Quarter (SE 1/4 of SW 1/4) of said Section Fourteen (14); thence run Northwesterly to a point on said 33 foot parallel line distant 100 feet Westerly of said intersection; together with all right of access, being the right of ingress to and egress from that portion of the three above described tracts, not acquired herein to Trunk Highway No. 25 except that the butting owner shall retain the right of access on the Northerly 33 feet and the Southerly 30 feet of the first above described tract, on the Northerly 30 feet of the second above described tract, on the Easterly side of said trunk highway on the Northerly 30 feet of the Southerly 30 feet of the third above described tract and on the Westerly side of said trunk highway on the Southerly 100 feet of said third above described tract. Also the fee simple in the land hereinafter described to be taken for channel change purposes, the owners to retain the right to use said lands for any purpose not inconsistent with the purposes for which this land is acquired, said lands being described as follows: A strip 95 feet in width adjoining and westerly of the first above described strip: Beginning opposite a point on the first above described line, distant 536.9 feet Southerly of its point of termination and extending Southerly for 340 feet (both distances being measured along said line), Also a right to construct slopes on and remove materials from the following described strips, which right shall cease on December 1, 1968 or on such earlier date upon which the Commissioner of Highways determines by formal order that it is no longer needed for highway purposes: A strip 15 feet in width adjoining and westerly of the first above described strip: Beginning opposite a point on the first above described line, distant 1506.9 feet Southerly of its point of termination and extending Southerly for 150 feet (both distances being measured along said line); A strip 20 feet in width adjoining and Easterly of the first above described strip: Beginning opposite a point on the first above described line, distant 1706.9 feet Southerly of its point of terminating (when measured along said line) and extending Northerly to the North line of the third above described tract.
The object of said action, among other things, is to obtain judgment reforming the legal description of the Warranty Deed dated July 12, 2005, recorded July 26, 2005 as Document No. 593945 in the office of the Sherburne County Recorder, and the legal description of the Mortgage, dated July 12, 2005, recorded July 26, 2005, as Document No. 593946, in the office of the Sherburne County Recorder, and for judgment that said mortgage is a Purchase Money Mortgage, for the benefit of the Plaintiff herein.
557.03 NOTICE OF
NO PERSONAL CLAIM
Pursuant to Minn. Stat. 557.03 you are hereby served with the notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the Plaintiff
Date: June 13, 2014
PETERSON, FRAM & BERGMAN, P.A.
By: Michael V. Schleisman
Michael V. Schleisman (#0394992)
55 East Fifth Street, Suite 800
St. Paul, MN 55101
Phone: (651) 291-8955
Fax: (651) 228-1753
Attorney for Plaintiff
Published in the
July 12, 19, 26, 2014