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COMMUNITY NEWS PUBLIC NOTICES 1851 ESTABLISHED 1892 COURTHOUSE BUILT SHELBY COUNTY Public Notices advertising weekly deadlines: Tuesday Harlan Tribune: previous Friday at 10 AM; Friday News-Advertiser: previous Wednesday at 10 AM. Public Notice NOTICE - November 5th, 2019 CITY/ SCHOOL ELECTIONS Eligible electors may now request an absentee ballot for the upcoming city/school elections. An absentee ballot request form may be filled out now. You must ask for the form to be sent or emailed. Or you may call 712-755-3831 ext. 6 to have an absentee ballot request form sent by mail. If you would like it emailed to you, ask for the form by emailing [email protected]. We must have the signed original by 5:00 PM on October 25th to send an absentee ballot. (Publ. NA Sept. 13 and Trib Sept. 17, 2019) Public Notice SHELBY COUNTY BOARD OF SUPERVISORS - SEPTEMBER 3, 2019 The Board of Supervisors of Shelby County, Iowa, met pursuant to law and rules of said board in regular session at 9:00 a.m. in the Supervisors Chambers of the Shelby County Courthouse with the following members present: Steve Kenkel, Chairman; Charles Parkhurst, Vice-Chairperson; Darin Haake, Supervisor was absent; Mark Maxwell, Clerk. The Chair asked that any Conflict of Interest be stated concerning any item on the agenda. No conflicts were stated. A motion was made by Parkhurst and seconded by Kenkel to approve the agenda with no additions. AYES: Unanimous NAYES: None. A motion was made by Kenkel with a second by Parkhurst, to approve the minutes of the regular meeting on August 20th, 2019. AYES: Unanimous NAYES: None. It was moved by Parkhurst, seconded by Kenkel, to approve the Claims of August 26th, 2019 as listed in the Claims Register. AYES: Unanimous NAYES: None. Todd Valline, representing the Shelby County Chamber of Commerce, let the board know of upcoming events and projects of interest to Shelby County including Iowa Economic Development created a new internet portal for Economic Development officials to use. Shelby County has an opportunity zone that is from, roughly, 12th street in Harlan, being the west boundary and Road M47 the east boundary stretching from the north border of Shelby County to the south border. This portal allows applications for taxpayers to apply for a Capital gains reduction on their tax returns, if the meet they requirements set by the government. Tony Buman, Shelby County Assessor was present to ask the Board to vote on a property tax abatement on property in Shelby County, this would be a disabled veteran tax abate- ment. After Buman’s presentation, a motion was made by Parkhurst and a second by Kenkel to approve the tax credit. It amounts $832 this year. A vote was held with Parkhurst and Kenkel voting in favor of the motion to approve the disabled veterans credit. Buman also noted that there are 23 current holders of this tax credit in Shelby County. Cell phone policy for county employees was then discussed, the policy examined for consideration was read as follows: The intent of this policy is to provide an appropriate level of monthly reimbursement for County employees utilizing their personal cell phones for County business. BACKGROUND Certain County Offices and Departments have the need for staff to carry smartphones/ cellular phones to perform their duties. Examples of the Offices and Departments that have employees that need access to a smartphone/cellular phone to efficiently and effectively perform their duties are: Secondary Roads, EMA, Sheriff, Building and Grounds, Conser- vation, Election (for a two-week period before and after election day) and Environmental Health. Smartphones/cellular phones are necessary for these employees to have regular phone service, contacts, email, cameras, calendars, GPS capabilities, off-hours emergency contact, and internet. REIMBURSEMENT Department Directors and Elected Officials shall determine the employees in their respec- tive departments or offices that are eligible for a smartphone/cellular phone reimbursement. The amount of the reimbursement shall be $65.00 per month. At the discretion of the Department Director or Elected Official, any employee that is currently furnished with a County owned cell phone may continue to maintain that cellular phone but will not receive the reimbursement contemplated under this policy. Under no circumstance shall a County provided cell phone be used for personal pur- poses. Parkhurst made a motion to approve the Shelby County policy #38 addressing cell phone reimbursements. Kenkel seconded the motion. A vote was held with Parkhurst and Kenkel voting in favor of implementing the policy. Motion passed A motion was made by Parkhurst, and a second by Kenkel, to renew, and set the beaver bounty this trapping season at $25.00 with a total payout limit of $5,000.00. The program paid out $5,025.00 of the $5,000.00 budgeted in fiscal year 19, 201 animals. Compared to 118 animals in fiscal year 18. A strict limit of $5,000.00 will be enforced with a first come first paid policy. A vote was received with Parkhurst and Kenkel voting in favor of the beaver bounty for the coming season, and recorded herein by Auditor Maxwell, in favor of renewing this bounty. Brandon Burmeister, Shelby County Engineer, reported on current projects in his de- partment. Burmeister noted that a gravel mixture is now being used in areas around the county. In the past a mix was not used resulting in poor performance on some of the road surfaces. The bridge replacement west of Irwin is still in progress as well as the scarifica- tion of some oiled road surfaces. Mark Maxwell, Shelby County Auditor and Budget Director presented the Board with a proposal from Shelby County’s financial software provider, Tyler Technologies. Shelby County is one of only 12 Counties in the nation using the current version that began use in Shelby County in 2009. Support has been cut to one individual able to assist servicing Shelby County. The implementation of this service and transferring of records to a new system will cost at a minimum $47,000.00. Implementing the new software will begin the new yearly charges amounting to an increase of $14,000.00 per year. The implementation will be paid as it progresses. Maxwell noted that he is negotiating terms to spread the cost, over more years than the initial proposal from Tyler Technologies. Having no further business to discuss the Supervisors adjourned at 9:37 A.M . Steve Kenkel, Chairman Mark L. Maxwell, Clerk to the Board of Supervisors NOTE: These minutes are as recorded by the Clerk to the Board of Supervisors and are subject to Board approval at the next regular meeting. PUBLICATION LIST .................................. AUGUST 26, 2019 AG-NEWS ................................................. ADVERTISEMENT ............................. $99.00 ALPHA & OMEGA ..................................... JAIL BUILDING MAINTENANCE ....... 175.00 ANDERSON PRINT GROUP .................... BUSINESS CARDS .............................. 67.23 AUDIOLOGICAL SERVICES INC ............. INDUSTRIAL HEARING TESTS........... 90.00 COUNSEL ................................................. COPY MACHINE EXPENSE ................ 54.19 FIRST NATIONAL BANK OF OMAHA - SHERIFF .............................................. K-9 SUPPLIES, AMAZON PRIME, PROF. DEV. ................................................................... & SUPPLIES .................................... 1,573.15 HAAKE, DARIN ......................................... MILEAGE REIMBURSEMENT ............117.16 HARLAN MUNICIPAL UTILITIES .............. UTILITIES ........................................ 4,671.39 HY-VEE INC .............................................. OFFICE SUPPLIES & INMATE MEALS/ ................................................................... GROCERY....................................... 2,944.49 IMAGETEK INC ......................................... SOFTWARE/SERVICES ................. 3,275.51 IOWA LAW ENFORCEMENT ACADEMY . PROFESSIONAL DEVELOPMENT.... 300.00 IOWA STATE ASSOCIATION OF ASSE .... PROFESSIONAL DEVELOPMENT.... 325.00 ISAC .......................................................... PROFESSIONAL DEVELOPMENT.... 225.00 ISCTA ........................................................ PROFESSIONAL DEVELOPMENT...... 50.00 MEDIVAC .................................................. MEDICAL EXAMINER TRANSPORTATION ................................................................... SERVICE ............................................ 150.00 MIDAMERICAN ENERGY ......................... UTILITIES ............................................. 74.63 NISHNABOTNA VALLEY REC .................. ELECTRICITY .................................... 926.58 PITNEY BOWES GLOBAL ........................ POSTAGE METERING MACHINE ................................................................... LEASE ................................................ 362.91 PLEASANT THYMES ................................ 50% CHAMBER DUES ................................................................... REIMBURSEMENT .............................. 75.00 SHELBY COUNTY AUDITOR ................... EMA EQUIPMENT INSURANCE ................................................................... REIMBURSEMENT ......................... 2,474.31 SHELBY COUNTY SECONDARY ROAD . TIF PROJECTS ............................. 19,474.05 SONDERMAN, SAMUEL A........................ CUSTODIAL SUPPLIES ..................... 396.50 VANGUARD APPRAISALS INC ................ SOFTWARE PURCHASE ............... 2,000.00 VERIZON WIRELESS ............................... TELEPHONE SERVICE ..................... 352.89 VFW AUXILIARY ....................................... FLAGS .................................................. 56.00 GRAND TOTAL ............................................................................................... $40,309.99 Fund Expended 0001 GENERAL BASIC................................................................................... $12,485.73 0002 GENERAL SUPPLEMENTAL ........................................................................ 875.60 0008 TIF FUNDS ............................................................................................... 19,474.05 0011 RURAL BASIC ................................................................................................. 75.00 0020 SECONDARY ROAD..................................................................................... 355.43 4000 EMERGENCY MANAGEMENT AGENCY .................................................. 4,466.33 4050 SOLID WASTE AGENCY .............................................................................. 252.85 4100 ASSESSOR ................................................................................................ 2,325.00 GRAND TOTAL ............................................................................................... $40,309.99 (Publ. Trib Sept. 10 and NA Sept. 13, 2019) Public Notice SHELBY CITY COUNCIL MEETING - SEPTEMBER 03, 2019 City Council met in Special Session at 7:00 p.m. on the above date with Mayor Kroll presiding. The roll was called showing the following members of the City Council present: Present: Pat Honeywell, Donavon Dontje, Jim Boeck, Bob Morton, and Chris Evans. Also present: Angela Fritz, Alex & Megan Londo, Michelle Mantell, Clint Fichter, and Roger Heilig. On motion by Honeywell and 2nd by Evans, the September 03rd agenda was approved. Roll call: All ayes; motion carried. Mayor Kroll asked if there were any conflicts of interest; there was none. Angela Fritz was present during the public forum to discuss options for the City and hiring realtors. Angela continued to discuss an issue for her client Dylan Robinson regarding the property at 406 Davenport. The council asked Angela to submit receipts that Mr. Robinson has for some improvements he made to his house and they will review them. On motion by Honeywell and seconded by Morton, the following items contained in the Consent Agenda were approved: a. Minutes of the 08/06/19 & 08/20/19 Council meetings. b. Approve Treasurer’s Report c. Approve Bills d. Taylor Cigarette Permit Alex and Megan Londo were present to discuss COAD (Community Organizations Active in Disasters), a nationwide initiative to assist communities in organizing and mobilizing the substantial existing resources present in organizations in their communities. The idea is to get several volunteers from different communities and put this in place before a disaster, such as the flooding and tornados. On motion by Honeywell, 2nd by Morton, RESOLUTION NO. 9-19, Annual City Street Financial report for FY 2019 was approved and adopted. Roll call: All ayes; motion carried. The changes to the housing development for 600 West were discussed and council requested that attorney Fichter work with Grove on providing a change order at the next council meeting for approval. The meeting adjourned at 8:41 p.m. Ron Kroll, Mayor Chris Martin, City Clerk September 03, 19 Claims COUNSEL OFFICE & DOCUMENT ....................................................................... $31.08 MIDAMERICAN ENERGY ........................................................................................ 49.92 MENARDS...............................................................................................................116.16 MISSOURI RIVER ENERGY............................................................................. 40,715.30 QUILL CORPORATION .......................................................................................... 187.43 ACCO ....................................................................................................................... 475.6 ECHO ELECTRIC SERVICE.................................................................................. 423.61 BOMGAARS ............................................................................................................. 38.96 IRS....................................................................................................................... 2,392.23 IPERS .................................................................................................................. 2,927.54 WESCO DISTRIBUTION..................................................................................... 1,428.00 CULLIGAN.............................................................................................................. 147.10 RESERVE ACCOUNT ................................................................................................. 400 STATE HYGIENIC LABORATORY ........................................................................... 13.00 IOWA LEAGUE OF CITIES ...................................................................................... 50.00 SHELBY COUNTY TREASURER .......................................................................... 528.00 BARCO MUNICIPAL PRODUCTS ......................................................................... 377.25 BOUNDTREE MEDICAL, LLC ............................................................................... 209.57 HACH COMPANY................................................................................................... 475.38 WELLMARK BLUE CROSS BLUE ...................................................................... 5,447.76 SAMS CLUB ........................................................................................................... 263.17 KAREN SCHLUETER .............................................................................................. 24.89 TEDS MOWER SALES ............................................................................................ 61.53 HOME DEPOT CREDIT SERV .............................................................................. 166.47 IOWA WESTERN COMM COLLEGE ....................................................................... 15.00 DONOVAN WINDOW CLEANING ........................................................................... 30.00 HOMEGROWN INVESTMENTS .............................................................................. 62.50 FASATENAL ........................................................................................................... 212.84 KIRKHAM MICHAEL .............................................................................................. 664.00 MADISON NATIONAL LIFE INS............................................................................. 143.75 SCOOBY’S LAWN CARE ....................................................................................... 200.00 PAYROLL CHECKS............................................................................................. 7,323.45 ................................................................................................................... $43,230.15 August 2019 Expense by fund GENERAL ...................................................................................................... $46,259.79 NATURE TRAIL ....................................................................................................... 12.58 FIRE/AMB............................................................................................................ 1,319.32 FIRE FUNDRAISING ............................................................................................. 187.31 150TH .................................................................................................................... 356.42 CAPITAL PROJ ................................................................................................. 28,439.30 WATER ................................................................................................................ 2,647.80 SEWER .............................................................................................................. 1,006.79 ELECTRIC ........................................................................................................ 43,472.08 TOTAL EXPENSES ....................................................................................... $123,701.39 August 2019 Revenue by fund GENERAL TOTAL ............................................................................................. $4,667.80 NATURE TRAIL TOTAL ............................................................................................ 50.00 FIRE/AMBULANCE TOTAL ................................................................................. 1,379.31 FIRE FUNDRAISING TOTAL............................................................................... 5,240.00 150TH CELEBRATION TOTAL............................................................................... 740.50 ROAD USE TAX TOTAL ...................................................................................... 9,262.63 PSF ACCOUNT TOTAL .......................................................................................... 268.05 LOCAL OPTION SALES TAX TOTA.................................................................... 4,732.20 CAPITAL PROJECT FUND TOTAL ............................................................................ 65.6 WATER TOTAL .................................................................................................. 17,955.82 SEWER TOTAL ................................................................................................. 10,378.76 SEWER IMPRVMNT SINKING TOTA..................................................................... 267.78 ELECTRIC TOTAL..............................................................................................62,811.22 ELEC IMPROV ....................................................................................................... 734.32 TOTAL REVENUE BY FUND .........................................................................$118,553.99 (Publ. NA Sept. 13, 2019) Public Notice THE IOWA DISTRICT COURT FOR SHELBY COUNTY CASE NO. ESPR014166 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTORS, AND NOTICE TO CREDITORS IN THE MATTER OF THE ESTATE OF LARRY AXLAND, Deceased. To All Persons Interested in the Estate of Larry Axland, Deceased, who died on or about August 21, 2019: You are hereby notified that on Septem- ber 9, 2019, the last will and testament of Larry Axland, deceased, bearing the date of December 10, 2007, was admitted to probate in the above named court and that Lance Axland and Carmen Rasmussen were appointed executors of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reason- ably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated: 9-09-2019 (s) Lance Axland Executor of Estate 605 Cora Street, PO Box 44 Irwin, IA 51446 (s) Carmen Rasmussen Executor of Estate 1012 Road M56 Harlan, IA 51537 Marcus Gross, Jr., ICIS PIN No: AT0003057 Attorney for Executors Salvo, Deren, Schenck, Gross, Swain & Argotsinger, P.C. 711 Court St., P.O. Box 509, Harlan, IA 51537-0509 Date of second publication: the 20th day of September, 2019. (Publ. Sept. 13 and 20, 2019) Public Notice NOTICE OF VACANCIES SHELBY COUNTY The Shelby County Board of Supervisors is taking applications for various county board and commission appointments for the following year. Shelby County appreci- ates diversity in these appointments and welcomes all applicants at least 18 years of age. Terms and dates of appointments vary. These are unpaid positions. A brief description follows: Board of Adjustment: 5 member board to review county zoning ordinance and hear requests for variances or special excep- tions to the ordinance. Planning & Zoning Commission: 5 member commission to review and enforce county zoning ordinance and make recom- mendations on any proposed changes to same. Compensation Board for the Con- demnation of Private Property: 28 member commission representing realtors, farmers, bankers, auctioneers and city property owners to be available to the chief judge of the judicial district to assess dam- ages to property taken by eminent domain. Board of Health: 5 member board to provide guidance and oversee operations of county Public Health department. Veteran Affairs Commission: 5 mem- ber commission to provide guidance and oversee operations of Veteran Affairs department. Conservation Board: 5 member board to provide guidance and oversee opera- tions of county Conservation department. Civil Service Commission: 3 member commission to oversee examinations, promotions, and discipline issues relating to Deputy Sheriffs. Precinct Election Officials: Any eligible voter who is a resident of Shelby County and also is willing to work at the polling locations on Election Day. These are paid positions at elections.(Contact Mark Max- well, County Auditor.) This list is not all inclusive. The Board of Supervisors is always looking for people interested in serving their community. Ad- ditional information may be obtained by calling 712-755-3831. (Publ. NA Sept. 13 and Trib Sept. 17, 2019) Public Notice THE IOWA DISTRICT COURT FOR SHELBY COUNTY CASE NO. ESPR014164 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTORS, AND NOTICE TO CREDITORS IN THE MATTER OF THE ESTATE OF LAVERNE LEROY SCHUNING, Deceased. To All Persons Interested in the Estate of LaVerne LeRoy Schuning, Deceased, who died on or about August 9, 2019: You are hereby notified that on September 5, 2019, the last will and testament of LaVerne LeRoy Schuning, deceased, bearing date of April 16, 1993, was admitted to probate in the above named court and that Janelle Musfeldt, Craig Schuning, and Trent Schuning were appointed executors of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated: September 6, 2019. (s) Janelle Musfeldt, Executor 1603 Lincoln Avenue Harlan, IA 51537 (s) Craig Schuning , Executor 6938 Meadowlark Lane Shawnee, KS 66226 (s) Trent Schuning , Executor 401 2nd Ave., P.O. Box 146 Portsmouth, IA 51565 Todd J. Argotsinger - Salvo Deren Schenck Gross Swain & Argotsinger, PC ICIS#: AT0000546 Attorney for Executors Salvo Deren Schenck Gross Swain & Argotsinger, PC 711 Court St, P.O. Box 509 Harlan, Iowa 51537-0509 Date of second publication: 20th day of September, 2019. (Publ. NA Sept. 13 and 20, 2019) Public Notice THE IOWA DISTRICT COURT FOR SHELBY COUNTY CASE NO. ESPR014165 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTORS, AND NOTICE TO CREDITORS IN THE MATTER OF THE ESTATE OF HOWARD STILLMAN, Deceased. To All Persons Interested in the Estate of Howard Stillman, Deceased, who died on or about August 10, 2019: You are hereby notified that on September 6, 2019, the last will and testament of Howard Stillman, deceased, bearing date of September 7, 2011, was admitted to probate in the above named court and that Pete Jones was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated: September 9, 2019. (s) Pete Jones 702 7th St., Harlan, IA 51537 Kathleen Schomer Kohorst, ICIS#: AT0004393 Attorney for the Executor Kohorst & Fischer Law Firm, PLLC 602 Market St. Bldg., Suite 101 Harlan, Iowa 51537 Date of second publication: 20th day of September, 2019. (Publ. NA Sept. 13 and 20, 2019) Public Notice IN THE IOWA DISTRICT COURT FOR SHELBY COUNTY EQUITY NO. EQCV020233 ORIGINAL NOTICE FOR PUBLICATION STATE FARM BANK, PLAINTIFF vs. RICKEY L. MARTIN, SPOUSE OF RICKEY L. MARTIN, IF ANY, STATE OF IOWA, IOWA DEPARTMENT OF REV- ENUE AND FINANCE, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE AND STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES, DEFENDANTS TO THE ABOVE NAMED DEFENDANTS: You are hereby notified that there is a petition on file in the office of the clerk of the above court which petition prays for a judg- ment in rem against the property involved in this action for the sum of $52,349.71 with interest at 7.000% per annum from and including November 7, 2018, on the promis- sory note executed by Rickey L. Martin and Roxanne E. Martin, husband and wife and mortgage executed by Rickey L. Martin and Roxanne E. Martin, husband and wife to State Farm Bank, F.S.B. and assigned to Plaintiff, who is the sole and absolute owner thereof. Said note, together with the mortgage given to secure the same are due and pay- able by reason of the failure of the Defen- dants Rickey L. Martin and Roxanne E. Mar- tin, husband and wife to pay the installments of principal when due. Plaintiff also prays in said Petition for the foreclosure of said mortgage dated June 21, 2002 recorded in Document 2184-02 in the Recorder’s Office of Shelby County, Iowa, with said note dated June 21, 2002 on the following described property, to-wit: Lot 11 in Block 8 of Long`s Second addi- tion to the City of Harlan, Iowa, situated in Shelby County, Iowa and also asking that said mortgage be declared a prior and superior lien to that of each of the above named Defendants; for appointment of a receiver; for the amount paid by Plaintiff for attorneys’ fees, abstract expense, costs and accruing costs of this action; that special execution issue for the sale of said real estate to satisfy said judg- ment, interest, attorneys’ fees and costs and for such other and further relief as may be just and equitable. FOR FURTHER PARTICULARS, SEE COPY OF PETITION NOW ON FILE. THE PLAINTIFF HAS ELECTED FORE- CLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDG- MENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. The Plaintiff’s attorneys are Petosa Law LLP by Benjamin W. Hopkins, whose ad- dress is 1350 NW 138th Street, Suite 100, Clive, IA 50325, telephone number 515-222- 9400, facsimile number 515-222-9121. You must serve a motion or answer on or before the 17th day of October, 2019, and within a reasonable time thereafter file your motion or answer in the Iowa District Court of Shelby County, at the Courthouse in Harlan, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, divi- sion VI regarding the protection of personal information in court filings. If you require assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (712) 328-5883. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. (Publ. NA Sept. 13, 20 and 27, 2019) 8A HARLAN NEWS-ADVERTISER FRIDAY, SEPTEMBER 13, 2019

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Page 1: Public Notices advertising weekly deadlines: Tuesday ... · 9/13/2019  · phone service, contacts, email, cameras, calendars, GPS capabilities, off-hours emergency contact, and internet

COMMUNITY NEWSPublic Notices

1851ESTABLISHED

1892COURTHOUSE BUILTSHELBY COUNTY

Public Notices advertising weekly deadlines: Tuesday Harlan Tribune: previous Friday at 10 AM; Friday News-Advertiser: previous Wednesday at 10 AM.

Public NoticeNOTICE - November 5th, 2019 CITY/ SCHOOL ELECTIONS

Eligible electors may now request an absentee ballot for the upcoming city/school elections. An absentee ballot request form may be filled out now. You must ask for the form to be sent or emailed. Or you may call 712-755-3831 ext. 6 to have an absentee ballot request form sent by mail. If you would like it emailed to you, ask for the form by emailing [email protected]. We must have the signed original by 5:00 PM on October 25th to send an absentee ballot.

(Publ. NA Sept. 13 and Trib Sept. 17, 2019)

Public NoticeSHELBY COUNTY BOARD OF

SUPERVISORS - SEPTEmBER 3, 2019 The Board of Supervisors of Shelby County, Iowa, met pursuant to law and rules of said board in regular session at 9:00 a.m. in the Supervisors Chambers of the Shelby County Courthouse with the following members

present: Steve Kenkel, Chairman; Charles Parkhurst, Vice-Chairperson; Darin Haake, Supervisor was absent; Mark Maxwell, Clerk. The Chair asked that any Conflict of Interest be stated concerning any item on the agenda. No conflicts were stated. A motion was made by Parkhurst and seconded by Kenkel to approve the agenda with no additions. AYES: Unanimous NAYES: None. A motion was made by Kenkel with a second by Parkhurst, to approve the minutes of the regular meeting on August 20th, 2019. AYES: Unanimous NAYES: None. It was moved by Parkhurst, seconded by Kenkel, to approve the Claims of August 26th, 2019 as listed in the Claims Register. AYES: Unanimous NAYES: None. Todd Valline, representing the Shelby County Chamber of Commerce, let the board know of upcoming events and projects of interest to Shelby County including Iowa Economic Development created a new internet portal for Economic Development officials to use. Shelby County has an opportunity zone that is from, roughly, 12th street in Harlan, being the west boundary and Road M47 the east boundary stretching from the north border of Shelby County to the south border. This portal allows applications for taxpayers to apply for a Capital gains reduction on their tax returns, if the meet they requirements set by the government. Tony Buman, Shelby County Assessor was present to ask the Board to vote on a property tax abatement on property in Shelby County, this would be a disabled veteran tax abate-ment. After Buman’s presentation, a motion was made by Parkhurst and a second by Kenkel to approve the tax credit. It amounts $832 this year. A vote was held with Parkhurst and Kenkel voting in favor of the motion to approve the disabled veterans credit. Buman also noted that there are 23 current holders of this tax credit in Shelby County. Cell phone policy for county employees was then discussed, the policy examined for consideration was read as follows:The intent of this policy is to provide an appropriate level of monthly reimbursement for County employees utilizing their personal cell phones for County business. BACKGROUND Certain County Offices and Departments have the need for staff to carry smartphones/cellular phones to perform their duties. Examples of the Offices and Departments that have employees that need access to a smartphone/cellular phone to efficiently and effectively perform their duties are: Secondary Roads, EMA, Sheriff, Building and Grounds, Conser-vation, Election (for a two-week period before and after election day) and Environmental Health. Smartphones/cellular phones are necessary for these employees to have regular phone service, contacts, email, cameras, calendars, GPS capabilities, off-hours emergency contact, and internet. REImBURSEmENT Department Directors and Elected Officials shall determine the employees in their respec-tive departments or offices that are eligible for a smartphone/cellular phone reimbursement. The amount of the reimbursement shall be $65.00 per month. At the discretion of the Department Director or Elected Official, any employee that is currently furnished with a County owned cell phone may continue to maintain that cellular phone but will not receive the reimbursement contemplated under this policy. Under no circumstance shall a County provided cell phone be used for personal pur-poses. Parkhurst made a motion to approve the Shelby County policy #38 addressing cell phone reimbursements. Kenkel seconded the motion. A vote was held with Parkhurst and Kenkel voting in favor of implementing the policy. Motion passed A motion was made by Parkhurst, and a second by Kenkel, to renew, and set the beaver bounty this trapping season at $25.00 with a total payout limit of $5,000.00. The program paid out $5,025.00 of the $5,000.00 budgeted in fiscal year 19, 201 animals. Compared to 118 animals in fiscal year 18. A strict limit of $5,000.00 will be enforced with a first come first paid policy. A vote was received with Parkhurst and Kenkel voting in favor of the beaver bounty for the coming season, and recorded herein by Auditor Maxwell, in favor of renewing this bounty. Brandon Burmeister, Shelby County Engineer, reported on current projects in his de-partment. Burmeister noted that a gravel mixture is now being used in areas around the county. In the past a mix was not used resulting in poor performance on some of the road surfaces. The bridge replacement west of Irwin is still in progress as well as the scarifica-tion of some oiled road surfaces. Mark Maxwell, Shelby County Auditor and Budget Director presented the Board with a proposal from Shelby County’s financial software provider, Tyler Technologies. Shelby County is one of only 12 Counties in the nation using the current version that began use in Shelby County in 2009. Support has been cut to one individual able to assist servicing Shelby County. The implementation of this service and transferring of records to a new system will cost at a minimum $47,000.00. Implementing the new software will begin the new yearly charges amounting to an increase of $14,000.00 per year. The implementation will be paid as it progresses. Maxwell noted that he is negotiating terms to spread the cost, over more years than the initial proposal from Tyler Technologies. Having no further business to discuss the Supervisors adjourned at 9:37 A.M .Steve Kenkel, Chairman Mark L. Maxwell, Clerk to the Board of Supervisors NOTE: These minutes are as recorded by the Clerk to the Board of Supervisors and are subject to Board approval at the next regular meeting.PUBLICATION LIST .................................. AUGUST 26, 2019AG-NEWS ................................................. ADVERTISEMENT ............................. $99.00ALPHA & OMEGA ..................................... JAIL BUILDING MAINTENANCE ....... 175.00ANDERSON PRINT GROUP .................... BUSINESS CARDS .............................. 67.23AUDIOLOGICAL SERVICES INC ............. INDUSTRIAL HEARING TESTS ........... 90.00COUNSEL ................................................. COPY MACHINE EXPENSE ................ 54.19FIRST NATIONAL BANK OF OMAHA - SHERIFF .............................................. K-9 SUPPLIES, AMAZON PRIME, PROF. DEV.................................................................... & SUPPLIES .................................... 1,573.15HAAKE, DARIN ......................................... MILEAGE REIMBURSEMENT ............117.16HARLAN MUNICIPAL UTILITIES .............. UTILITIES ........................................ 4,671.39HY-VEE INC .............................................. OFFICE SUPPLIES & INMATE MEALS/................................................................... GROCERY ....................................... 2,944.49IMAGETEK INC ......................................... SOFTWARE/SERVICES ................. 3,275.51IOWA LAW ENFORCEMENT ACADEMY . PROFESSIONAL DEVELOPMENT .... 300.00IOWA STATE ASSOCIATION OF ASSE .... PROFESSIONAL DEVELOPMENT .... 325.00ISAC .......................................................... PROFESSIONAL DEVELOPMENT .... 225.00ISCTA ........................................................ PROFESSIONAL DEVELOPMENT ...... 50.00MEDIVAC .................................................. MEDICAL EXAMINER TRANSPORTATION................................................................... SERVICE ............................................ 150.00MIDAMERICAN ENERGY ......................... UTILITIES ............................................. 74.63NISHNABOTNA VALLEY REC .................. ELECTRICITY .................................... 926.58PITNEY BOWES GLOBAL ........................ POSTAGE METERING MACHINE ................................................................... LEASE ................................................ 362.91PLEASANT THYMES ................................ 50% CHAMBER DUES ................................................................... REIMBURSEMENT .............................. 75.00SHELBY COUNTY AUDITOR ................... EMA EQUIPMENT INSURANCE ................................................................... REIMBURSEMENT ......................... 2,474.31SHELBY COUNTY SECONDARY ROAD . TIF PROJECTS ............................. 19,474.05SONDERMAN, SAMUEL A........................ CUSTODIAL SUPPLIES ..................... 396.50VANGUARD APPRAISALS INC ................ SOFTWARE PURCHASE ............... 2,000.00VERIZON WIRELESS ............................... TELEPHONE SERVICE ..................... 352.89VFW AUXILIARY ....................................... FLAGS .................................................. 56.00GRAND TOTAL ............................................................................................... $40,309.99Fund Expended0001 GENERAL BASIC ................................................................................... $12,485.730002 GENERAL SUPPLEMENTAL ........................................................................ 875.600008 TIF FUNDS ............................................................................................... 19,474.050011 RURAL BASIC ................................................................................................. 75.000020 SECONDARY ROAD..................................................................................... 355.434000 EMERGENCY MANAGEMENT AGENCY .................................................. 4,466.334050 SOLID WASTE AGENCY .............................................................................. 252.854100 ASSESSOR ................................................................................................ 2,325.00GRAND TOTAL ............................................................................................... $40,309.99

(Publ. Trib Sept. 10 and NA Sept. 13, 2019)

Public NoticeSHELBY CITY COUNCIL mEETING -

SEPTEmBER 03, 2019 City Council met in Special Session at 7:00 p.m. on the above date with Mayor Kroll presiding. The roll was called showing the following

members of the City Council present: Present: Pat Honeywell, Donavon Dontje, Jim Boeck, Bob Morton, and Chris Evans. Also present: Angela Fritz, Alex & Megan Londo, Michelle Mantell, Clint Fichter, and Roger Heilig. On motion by Honeywell and 2nd by Evans, the September 03rd agenda was approved. Roll call: All ayes; motion carried. Mayor Kroll asked if there were any conflicts of interest; there was none. Angela Fritz was present during the public forum to discuss options for the City and hiring realtors. Angela continued to discuss an issue for her client Dylan Robinson regarding the property at 406 Davenport. The council asked Angela to submit receipts that Mr. Robinson has for some improvements he made to his house and they will review them. On motion by Honeywell and seconded by Morton, the following items contained in the Consent Agenda were approved:

a. Minutes of the 08/06/19 & 08/20/19 Council meetings.b. Approve Treasurer’s Reportc. Approve Billsd. Taylor Cigarette Permit

Alex and Megan Londo were present to discuss COAD (Community Organizations Active in Disasters), a nationwide initiative to assist communities in organizing and mobilizing the substantial existing resources present in organizations in their communities. The idea is to get several volunteers from different communities and put this in place before a disaster, such as the flooding and tornados. On motion by Honeywell, 2nd by Morton, RESOLUTION NO. 9-19, Annual City Street Financial report for FY 2019 was approved and adopted. Roll call: All ayes; motion carried. The changes to the housing development for 600 West were discussed and council requested that attorney Fichter work with Grove on providing a change order at the next council meeting for approval. The meeting adjourned at 8:41 p.m.Ron Kroll, Mayor Chris Martin, City Clerk

September 03, 19 ClaimsCOUNSEL OFFICE & DOCUMENT ....................................................................... $31.08MIDAMERICAN ENERGY ........................................................................................ 49.92MENARDS ...............................................................................................................116.16MISSOURI RIVER ENERGY ............................................................................. 40,715.30QUILL CORPORATION .......................................................................................... 187.43ACCO ....................................................................................................................... 475.6ECHO ELECTRIC SERVICE .................................................................................. 423.61BOMGAARS ............................................................................................................. 38.96IRS ....................................................................................................................... 2,392.23IPERS .................................................................................................................. 2,927.54WESCO DISTRIBUTION ..................................................................................... 1,428.00CULLIGAN .............................................................................................................. 147.10RESERVE ACCOUNT ................................................................................................. 400

STATE HYGIENIC LABORATORY ........................................................................... 13.00IOWA LEAGUE OF CITIES ...................................................................................... 50.00SHELBY COUNTY TREASURER .......................................................................... 528.00BARCO MUNICIPAL PRODUCTS ......................................................................... 377.25BOUNDTREE MEDICAL, LLC ............................................................................... 209.57HACH COMPANY................................................................................................... 475.38WELLMARK BLUE CROSS BLUE ...................................................................... 5,447.76SAMS CLUB ........................................................................................................... 263.17KAREN SCHLUETER .............................................................................................. 24.89TEDS MOWER SALES ............................................................................................ 61.53HOME DEPOT CREDIT SERV .............................................................................. 166.47IOWA WESTERN COMM COLLEGE ....................................................................... 15.00DONOVAN WINDOW CLEANING ........................................................................... 30.00HOMEGROWN INVESTMENTS .............................................................................. 62.50FASATENAL ........................................................................................................... 212.84KIRKHAM MICHAEL .............................................................................................. 664.00MADISON NATIONAL LIFE INS ............................................................................. 143.75SCOOBY’S LAWN CARE ....................................................................................... 200.00PAYROLL CHECKS ............................................................................................. 7,323.45 ................................................................................................................... $43,230.15

August 2019 Expense by fundGENERAL ...................................................................................................... $46,259.79NATURE TRAIL ....................................................................................................... 12.58FIRE/AMB ............................................................................................................ 1,319.32FIRE FUNDRAISING ............................................................................................. 187.31150TH .................................................................................................................... 356.42CAPITAL PROJ ................................................................................................. 28,439.30WATER ................................................................................................................ 2,647.80SEWER .............................................................................................................. 1,006.79ELECTRIC ........................................................................................................ 43,472.08TOTAL EXPENSES ....................................................................................... $123,701.39

August 2019 Revenue by fundGENERAL TOTAL ............................................................................................. $4,667.80NATURE TRAIL TOTAL ............................................................................................ 50.00FIRE/AMBULANCE TOTAL ................................................................................. 1,379.31FIRE FUNDRAISING TOTAL............................................................................... 5,240.00150TH CELEBRATION TOTAL ............................................................................... 740.50ROAD USE TAX TOTAL ...................................................................................... 9,262.63PSF ACCOUNT TOTAL .......................................................................................... 268.05LOCAL OPTION SALES TAX TOTA .................................................................... 4,732.20CAPITAL PROJECT FUND TOTAL ............................................................................ 65.6WATER TOTAL .................................................................................................. 17,955.82SEWER TOTAL ................................................................................................. 10,378.76SEWER IMPRVMNT SINKING TOTA..................................................................... 267.78ELECTRIC TOTAL ..............................................................................................62,811.22ELEC IMPROV ....................................................................................................... 734.32TOTAL REVENUE BY FUND .........................................................................$118,553.99

(Publ. NA Sept. 13, 2019)

Public Notice

THE IOWA DISTRICT

COURT FOR SHELBY COUNTY

CASE NO. ESPR014166NOTICE OF PROBATE OF WILL, OF

APPOINTmENT OF EXECUTORS,AND NOTICE TO CREDITORS

IN THE MATTER OFTHE ESTATE OFLARRY AXLAND, Deceased.To All Persons Interested in the Estate of Larry Axland, Deceased, who died on or about August 21, 2019: You are hereby notified that on Septem-ber 9, 2019, the last will and testament of Larry Axland, deceased, bearing the date of December 10, 2007, was admitted to probate in the above named court and that Lance Axland and Carmen Rasmussen were appointed executors of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reason-ably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated: 9-09-2019

(s) Lance Axland Executor of Estate

605 Cora Street, PO Box 44Irwin, IA 51446

(s) Carmen RasmussenExecutor of Estate

1012 Road M56Harlan, IA 51537

Marcus Gross, Jr., ICIS PIN No: AT0003057Attorney for ExecutorsSalvo, Deren, Schenck, Gross, Swain & Argotsinger, P.C.711 Court St., P.O. Box 509, Harlan, IA 51537-0509 Date of second publication: the 20th day of September, 2019.

(Publ. Sept. 13 and 20, 2019)

Public NoticeNOTICE OF VACANCIES

SHELBY COUNTY

The Shelby County Board of Supervisors is taking applications for various county board and commission appointments for the following year. Shelby County appreci-ates diversity in these appointments and welcomes all applicants at least 18 years of age. Terms and dates of appointments vary. These are unpaid positions. A brief description follows: Board of Adjustment: 5 member board to review county zoning ordinance and hear requests for variances or special excep-tions to the ordinance. Planning & Zoning Commission: 5 member commission to review and enforce county zoning ordinance and make recom-mendations on any proposed changes to same. Compensation Board for the Con-demnation of Private Property: 28 member commission representing realtors, farmers, bankers, auctioneers and city property owners to be available to the chief judge of the judicial district to assess dam-ages to property taken by eminent domain. Board of Health: 5 member board to provide guidance and oversee operations of county Public Health department. Veteran Affairs Commission: 5 mem-ber commission to provide guidance and oversee operations of Veteran Affairs department. Conservation Board: 5 member board to provide guidance and oversee opera-tions of county Conservation department. Civil Service Commission: 3 member commission to oversee examinations, promotions, and discipline issues relating to Deputy Sheriffs. Precinct Election Officials: Any eligible voter who is a resident of Shelby County and also is willing to work at the polling locations on Election Day. These are paid positions at elections.(Contact Mark Max-well, County Auditor.) This list is not all inclusive. The Board of Supervisors is always looking for people interested in serving their community. Ad-ditional information may be obtained by calling 712-755-3831.

(Publ. NA Sept. 13 and Trib Sept. 17, 2019)

Public NoticeTHE IOWA DISTRICT

COURT FOR SHELBY COUNTY

CASE NO. ESPR014164NOTICE OF PROBATE OF WILL, OF

APPOINTmENT OF EXECUTORS,AND NOTICE TO CREDITORS

IN THE mATTER OFTHE ESTATE OFLAVERNE LEROY SCHUNING, Deceased.To All Persons Interested in the Estate of LaVerne LeRoy Schuning, Deceased, who died on or about August 9, 2019: You are hereby not i f ied that on September 5, 2019, the last will and testament of LaVerne LeRoy Schuning, deceased, bearing date of April 16, 1993, was admitted to probate in the above named court and that Janelle Musfeldt, Craig Schuning, and Trent Schuning were appointed executors of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.Dated: September 6, 2019.

(s) Janelle Musfeldt, Executor1603 Lincoln Avenue

Harlan, IA 51537(s) Craig Schuning , Executor

6938 Meadowlark LaneShawnee, KS 66226

(s) Trent Schuning , Executor401 2nd Ave., P.O. Box 146

Portsmouth, IA 51565Todd J. Argotsinger - Salvo Deren Schenck Gross Swain & Argotsinger, PCICIS#: AT0000546Attorney for ExecutorsSalvo Deren Schenck Gross Swain & Argotsinger, PC711 Court St, P.O. Box 509Harlan, Iowa 51537-0509 Date of second publication: 20th day of September, 2019.

(Publ. NA Sept. 13 and 20, 2019)

Public NoticeTHE IOWA DISTRICT

COURT FOR SHELBY COUNTY

CASE NO. ESPR014165NOTICE OF PROBATE OF WILL, OF

APPOINTmENT OF EXECUTORS,AND NOTICE TO CREDITORS

IN THE mATTER OFTHE ESTATE OFHOWARD STILLmAN, Deceased.To All Persons Interested in the Estate of Howard Stillman, Deceased, who died on or about August 10, 2019: You are hereby not i f ied that on September 6, 2019, the last will and testament of Howard Stillman, deceased, bearing date of September 7, 2011, was admitted to probate in the above named court and that Pete Jones was appointed executor of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred. Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred. Dated: September 9, 2019.

(s) Pete Jones702 7th St., Harlan, IA 51537

Kathleen Schomer Kohorst,ICIS#: AT0004393Attorney for the ExecutorKohorst & Fischer Law Firm, PLLC602 Market St. Bldg., Suite 101Harlan, Iowa 51537 Date of second publication: 20th day of September, 2019.

(Publ. NA Sept. 13 and 20, 2019)

Public NoticeIN THE IOWA DISTRICT COURT FOR

SHELBY COUNTYEQUITY NO. EQCV020233

ORIGINAL NOTICE FOR PUBLICATIONSTATE FARM BANK,PLAINTIFFvs.RICKEY L. MARTIN, SPOUSE OF RICKEY L. MARTIN, IF ANY, STATE OF IOWA, IOWA DEPARTMENT OF REV-ENUE AND FINANCE, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE AND STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES,DEFENDANTSTO THE ABOVE NAMED DEFENDANTS: You are hereby notified that there is a petition on file in the office of the clerk of the above court which petition prays for a judg-ment in rem against the property involved in this action for the sum of $52,349.71 with interest at 7.000% per annum from and including November 7, 2018, on the promis-sory note executed by Rickey L. Martin and Roxanne E. Martin, husband and wife and mortgage executed by Rickey L. Martin and Roxanne E. Martin, husband and wife to State Farm Bank, F.S.B. and assigned to Plaintiff, who is the sole and absolute owner thereof. Said note, together with the mortgage given to secure the same are due and pay-able by reason of the failure of the Defen-dants Rickey L. Martin and Roxanne E. Mar-tin, husband and wife to pay the installments of principal when due. Plaintiff also prays in said Petition for the foreclosure of said mortgage dated June 21, 2002 recorded in Document 2184-02 in the Recorder’s Office of Shelby County, Iowa, with said note dated June 21, 2002 on the following described property, to-wit: Lot 11 in Block 8 of Long`s Second addi-tion to the City of Harlan, Iowa, situated in Shelby County, Iowa and also asking that said mortgage be declared a prior and superior lien to that of each of the above named Defendants; for appointment of a receiver; for the amount paid by Plaintiff for attorneys’ fees, abstract expense, costs and accruing costs of this action; that special execution issue for the sale of said real estate to satisfy said judg-ment, interest, attorneys’ fees and costs and for such other and further relief as may be just and equitable.

FOR FURTHER PARTICULARS, SEE COPY OF PETITION NOW ON FILE. THE PLAINTIFF HAS ELECTED FORE-CLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDG-MENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. The Plaintiff’s attorneys are Petosa Law LLP by Benjamin W. Hopkins, whose ad-dress is 1350 NW 138th Street, Suite 100, Clive, IA 50325, telephone number 515-222-9400, facsimile number 515-222-9121.

You must serve a motion or answer on or before the 17th day of October, 2019, and within a reasonable time thereafter file your motion or answer in the Iowa District Court of Shelby County, at the Courthouse in Harlan, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, divi-sion VI regarding the protection of personal information in court filings. If you require assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (712) 328-5883. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).

YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR

INTERESTS.(Publ. NA Sept. 13, 20 and 27, 2019)

8AHARLAN News-AdveRtiseR

FRIDAY, sePteMBeR 13, 2019