November 1, 8, 15, 22, 2012
STATE OF MINNESOTA COUNTY OF LYON IN DISTRICT COURT FIFTH JUDICIAL DISTRICT
Court File No. 42-CV-12-1117
Case Type: Other
City of Marshall, a municipal corporation, Petitioner, SUMMARY NOTICE FOR PUBLICATION TO THE PACESETTER CORPORATION, A NEBRASKA CORPORATION, ALSO KNOWN AS PACESETTER PRODUCTS OF MINNESOTA, INC., PRIOR ADDRESS 2015 GATEWAY BLVD., ARDEN HILLS, MN 55112, PRESENT ADDRESS UNKNOWN
Larry Hyatt, and lien holders of record, if any
The Pacesetter Corporation has been identified as a mortgage lien holder pursuant to a mortgage dated April 22, 2003, filed May 23, 2003 in the office of the Lyon County Recorder and recorded as Document No. 146607. Said mortgage is executed by Larry Hyatt as mortgagor. Property secured by said mortgage is identified as Lot Eleven (11) of Auditor's Plat #1 to the City of Marshall, Lyon County, Minnesota, which property is identified as 620 W. Main Street, Marshall, Minnesota.
On August 10, 2012, the Marshall City Council issued an order to said homeowner Larry Hyatt to repair the property. A complete list of the repairs as ordered by Marshall City Council, is on file with the City Clerk's office for the City of Marshall, 344 W. Main Street, Marshall, Minnesota. The list of repairs is also publicly posted on the public bulletin board at City Hall, 344 W. Main Street, Marshall, Minnesota.
The homeowner has been ordered to make said repairs within 30 days of the receipt of the City Council Order. Repairs have not been made as ordered.
Minnesota Statutes 463.17 subd. 2 require that all lien holders be served with a copy of the City Council Order. Lyon County District Court has authorized service on mortgage lien holder The Pacesetter Corporation by publication in the Marshall Independent.
If the repairs as listed on City Council Order have not been made in a timely fashion, the City of Marshall will bring a motion for summary enforcement of the Order in the Lyon County District Court, Marshall, Minnesota. The City will seek an order to raze the property if the repairs are not made.
The City Council further orders that if the City of Marshall is compelled to take corrective action, all necessary expenses incurred by or on behalf of the City of Marshall shall be imposed as a lien/special charge against the real estate described above.
Dated this 29th day of October, 2012.
By: /s/Dennis H. Simpson
Dennis H. Simpson
Marshall City Attorney
109 South 4th Street
Marshall, MN 56258
Attorney Reg. No. 161640