SUMMONSSTATE OF MINNESOTA
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT Case type: Other civil (Reformation of Instrument/ Quiet Title)
Case type: Other civil (Reformation of Instrument/ Quiet Title)
Court File No. 82-CV-12-3334
Federal National Mortgage Association,
Charles Ellingboe, Emilie Ellingboe,
Charles Levake, David A. Stewart,
Susan Lynn Stewart, Carol Schlorhaufer, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P, and 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 AT THE ABOVE NAMED DEFENDANTS;
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the court administrator of the above-named court. 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:
Bradley N. Beisel
Beisel & Dunlevy, P.A.
282 U.S. Trust Center
730 Second Ave. S.
Minneapolis, MN 55402-2444
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s 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 the County of Washington, commonly known as 1340 Military Road, Newport, MN 55055, legally described as:
Land lying and being in the County of Washington and State of Minnesota, described as follows to wit:
The West 155 feet of the Northerly 30 acres of the Southeast Quarter of the
Northeast Quarter of Section 25, Township 28 North, Range 22 West, Washington County, lying south of the Cottage Grove Road, Except the West 10 acres thereof, according to the Government Survey.
All that part of the Southeast Quarter of the Northeast Quarter of Section 25, Township 28, Range 22, described as follows:
Commencing at the Southwest Corner of said Southeast Quarter of the Northeast Quarter, thence North on the West line thereof 330 feet; thence East Parallel with the South line of said Southeast Quarter of the Northeast Quarter 345.96 feet to an iron stake and the point of beginning of the tract to be described; thence North parallel with the West line of said Southeast Quarter of the Northeast Quarter 972.4 feet to the North line of said Southeast Quarter of the Northeast Quarter; thence East on the North line of said Southeast Quarter of the Northeast Quarter 89.54 feet; thence South 973 feet to an iron stake 330 feet North from the point of beginning of this tract; thence West 89.54 feet to the point of beginning; containing two acres, more or less, subject to the rights of the public in County Road number 20, and subject to easements and restrictions, if any, of record.
(referred to as the “Subject Property” and the “Correct Legal Description”).
The purpose of this action is to obtain an Order as follows:
1. Reforming the following documents, nunc pro tunc, from their incorrect legal descriptions therein to state the above described Correct Legal Description;
a. The Ellingboes Mortgage, Document No. 3646913;
b. The Sheriff’s Certificate, Document No. 3801797; and
c. The Post-sale Deed, Document No. 3841045,
2. Determining that Plaintiff Federal National Mortgage Association is the sole owner of the Subject Property as described by the Correct Legal Description in fee simple title.
3. Quieting any potential title of Charles Levake, and/or David Stewart and Susan Lynn Stewart in the Subject Property so that no Defendant herein claims any right, title, estate, interest or lien in or upon the property described by the Correct Legal Description.
557.03 NOTICE OF NO PERSONAL CLAIM
Pursuant to Minn. Stat. § 557.03 you are hereby served with 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.
BEISEL & DUNLEVY, P.A.
Dated: June 4, 2012
By: /s/ Bradley N. Beisel
Bradley N. Beisel #6191
282 U.S. Trust Building
730 Second Avenue South
Minneapolis, MN 55402-2444
Telephone: (612) 436-2222
Attorneys for Plaintiff