ClassifiedPage 6B — Tuesday, July 6, 2021 Bottineau Courant — Bottineau, nDPAGE 1B — JUNE 26, 2018 BOTTINEAU COURANT — Bottineau, NDClassified

NOTICE OF LIABILITY FOR DAMAGE TO ROLAND

TOWNSHIP ROADS

Please be advised that Roland Township exercises load limit au-thority over its township roads. Unless permission is first secured from the township board, anyone causing willful damage over and above normal wear and tear to a roadway, bridge or right-of-way may be held liable for the cost of repairs to that portion of roadway, bridge or right-of-way so dam-aged. Any person found guilty of such willfull damage may be found guilty of a Class B misde-meanor per North Dakota Century Code 24-12-05. North Dakota Century Codye24-12-04.1 allows a reward of up to $300 for information lead-ing to the conviction of anyone willfully causing injury to or de-struction of a public road or right-of-way. LOAD HAULING REQUIRMENT: All loads are required to be tarped or secured before hauling to elimi-nate debris, hazards or damages to other property. Per Roland Twp. Zoning Ordinance II.R.

www.rolandtwp.comrolandtwp@srt.com

7-6

MAIN GRAVEL ROADS NEED TO BE MOWED

Stone Creek Township #35 will not be hiring mowing services for the Townships main gravel roads this year. Landowners or tenants will be responsible for the mow-ing of their own Township gravel roads.

Jean BrandtClerk/Treasurer

6-29,7-6

Variance request

PUBLIC NOTICE

Notice is hereby given that on Thursday, the 15th day of July, 2021, at 9:30 A.M., in the Bottineau County Courthouse, the Bottineau County Planning and Zoning Commission will hold a public hear-ing on the application of Alex & Morgan Craft for a variance on the following described property: Lot 2 Bohl’s First Add, Replat of Loon Lake 163-74 Description of variance: Requesting a variance to build closer to the lot line than the re-quired 20’ set back. Date: 07/01/2021 Bottineau County Planning & Zoning Commission

By: Taylor Kippen Zoning Administrator

7-6,13

Public Hearing

NOTICE OF HEARING N.D. INDUSTRIAL

COMMISSION OIL AND GAS DIVISION The North Dakota Industrial Commission will hold a public hear-ing at 9:00 a.m. Thursday, July 29, 2021, at the N.D. Oil & Gas Division, 1000 East Calgary Ave., Bismarck, N. D. At the hearing the Commission will receive testimony and exhibits. Persons with any interest in the cases listed below, take notice. PERSONS WITH DISABILITIES: If at the hearing you need special facilities or assistance,contact the Oil and Gas Division at 701-328-8038 by Friday, July 16, 2021. STATE OF NORTH DAKOTA TO: Case No. 28905: Application of Resonance Exploration (North Dakota) LLC for an order pursuant to NDAC § 43-02-03-88.1 pooling all interests in a spacing unit de-scribed as the E/2 NE/4 and SE/4 of Section 35, the W/2 of Section 36, T.163N., R.79W. and the N/2 NE/4 of Section 2, T. 162N.,R.79W., West Roth-Madison Pool, Bottineau

Range 74 West. Date: July 1, 2021 Bottineau County Planning & Zoning Commission

Taylor KippenZoning Administrator

7-6,13

STATE OF NORTH DAKOTA COUNTY OF BOTTINEAU IN DISTRICT COURTNORTHEAST JUDICIAL DISTRICTState of North Dakota, by and through the Office of State Tax Commissioner, Plaintiff, vs. Kenneth A. Benson, Defendant. Civil No. 05-2021-CV-00069 SUMMONSTHE STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to appear and de-fend against the Complaint in this action, which is herewith served upon you and has been filed with the Clerk of the District Court in the county in which this action is com-menced, by serving upon the un-dersigned with an Answer or other proper response within twenty-one (21) days after the service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de-manded in the Complaint. Dated this 23rd day of June, 2021, at Bismarck, North Dakota.

/s/ Charles DendyCharles Dendy (State Bar Board

Id. 05877)Special Assistant Attorney General Office of State Tax Commissioner

600 East Boulevard AvenueBismarck, North Dakota 58505-

0599(701)328-2776

Fax (701) 328-3700Email cdendy@nd.gov

Attorney for Plaintiff6-29,7-6,13

Baumann Drain Bond

PRELIMINARY RESOLUTION FOR

ISSUANCE OF DRAIN BONDS

BE IT RESOLVED by the Water Resource Board of Bottineau County Water Resource District, Bottineau County, North Dakota, that it is necessary and expedi-ent for Bottineau County Water Resource District (the “District”) to issue its special assessment drain bonds as hereafter described: 1. The maximum amount of bonds proposed to be issued is $617,870. 2. The maximum interest rate the bonds shall bear is set forth in North Dakota Century Code Section 61-21-53. 3. The bonds shall mature no later than 16 years after the date of issuance. 4. The bonds are to be issued for the Baumann Legal Drain Assessment District. 5. The purpose for which the bonds are proposed to be issued is to provide funds to maintain and improve an existing drain to serve as an outlet for the drainage of agricultural lands and removal of

Defendants. )

1. COMES NOW, Plaintiff Bottineau Winter Park through its attorney of record Stephen A Fetch of Mackoff Kellogg, Dickinson, North Dakota and files this Complaint for Judicial Foreclosure and alleges as follows: 2. On or about March 17, 2005 Defendant Robert C Lund (de-ceased) and Gloria J Gaither ex-ecuted and delivered to Wilmington Finance, a division of AIG Federal Savings Bank, a promissory note in the original principal amount of $63,920.00 (the “Note”). A Copy of the Note is attached as Exhibit A and attached hereto. 3. To secure payment of the Note, Robert C Lund and Gloria J Gaither, as the mortgagors, ex-ecuted and delivered to Wilmington Finance, a division of AIG Federal Savings Bank, as the mortgagee, a mortgage bearing the same date as the Note (the “Mortgage”) en-cumbering real property situated in Bottineau County, North Dakota (the “Property”). The Property has an address of #15 Winter Park, Bottineau, North Dakota 58318 and has a legal description as follows:Outlot Number 3 of SE1/4 Section 11 Township 163 N Range 76 W, Together With Road Easement Over and Across the South 130 feet of the East 420 feet of the West 500 feet and the South 75 feet of the East 458.5 feet of the West 958.5 feet and the West 80 feet of that portion of the SW1/2SE1/4 lying South of Highway 43, all in the SW1/3SE1/4, Section 11, 163-76. 4. The Plaintiff is the current holder of the Note and benefi-cial interest under the Mortgage. The Mortgage and assignments were recorded in the Office of the Recorder, Bottineau County, as fol-lows: Mortgage recorded March 22, 2005 as Document 365699. Assignment of Mortgage from Wilmington Finance to US Bank, recorded on February 21, 2006 as Document 368768. Assignment of Mortgage from US Bank to Wilmington Finance, recorded June 25, 2007 as Document 372906. Assignment of Mortgage from Wilmington Finance to Bottineau Winter Park, recorded February 20, 2020 as Document 423662. A copy of the Mortgage and any as-signments and/or modifications referenced above are attached as Exhibit B. 5. That Robert C Lund and Gloria J Gaither owned the Property as joint tenants and when Gloria J Gaither passed away in 2005 her interest in the property was extinguished and passed through joint tenancy to Robert C Lund. A certified copy of Gloria J. Gaither’s death cer-tificate was recorded February 16, 2006 as Document 368749. A copy of the portion of the abstract and any title report (including any up-dates) relied upon and used in the preparation of this complaint show-ing proper title is in the name of Robert C. Lund is attached hereto as Exhibit C. 6. Robert C. Lund is deceased and no personal representative has been appointed to his estate. Thus notice before foreclosure is not re-quired pursuant to N.D.C.C. § 32-19-23. Attached hereto as Exhibit D is a death certificate for Robert C Lund and attached hereto as Exhibit E is a letter from the Bottineau County Clerk of Court stating no probate has been opened and no personal representative has been appointed for Robert C Lund. 7. The Note and Mortgage, among other things, require the mortgag-ors to pay monthly payments of principal and interest, property taxes and assessments, insurance premiums and late charges. The Note and Mortgage also contain a power of sale, the right to accel-erate the amounts secured by the Note and Mortgage and the right to foreclose on the Property after default, and for the collection of all amounts owing and/or advanced under the Note and Mortgage as well as the costs and expenses of foreclosure and any sums reason-

ably expended by Plaintiff for the protection and preservation of the Property not otherwise prohibited by the laws of North Dakota. 8. The Property is not agricultural land so the redemption period is 60 days from the date of the sheriff’s sale. 9. Defendants have failed to re-mit one or more monthly payments required by the Note and Mortgage and are default thereunder. 10. Plaintiff has elected to ac-celerate the payments due under the Note and Mortgage and does hereby declare the entire unpaid principal balance and interest, as well as any advances for real estate taxes, assessments, and insurance premiums, late charges and other charges, costs and expenses to be immediately due and payable as follows: Principal -$63,407.47 Interest - Good through 2/15/21 $65,660.10 Escrow Advance- $1,879.54 Total - $130,947.11 11. There is also due interest accruing hereafter on the unpaid principal balance until paid at the rate of $11.82 per day, plus any ad-ditional advances, charges, costs, and expenses uncured through the date of the sheriff’s sale of the Property. 12. No personal claim is made against any Defendant except for costs incurred by Plaintiff as a re-sult of any of Defendants’ unrea-sonable defenses of this action but only to the extent permitted by the laws of North Dakota. 13. No other proceedings at law or otherwise for recovery of the debt secured by the Note and Mortgage are pending. 14. The Property is one parcel and/or a contiguous tract of land and therefore should be sold as one parcel. 15. Any and all claims, liens, and interests of Defendants with respect to the Property are junior, inferior, and subordinate to the lien of Plaintiff’s Mortgage.Prayer for Relief 16. WHEREFORE, Plaintiff requests relief as follows:A. That the Court grant a foreclo-sure judgment for the amounts ow-ing under the Note and Mortgage in the sum of $130,947.11, plus ac-cruing interest through the date of the sheriff’s sale of the Property at the rate of $11.82 per dayB. That the judgment amount be further augmented through the date of the sale of the Property by the amount of any additional ad-vances for unpaid property taxes, assessments and insurance premi-ums, or otherwise advanced for the protection and preservation of the Property, and by the amount of all other charges, costs and expenses incurred by the Plaintiff plus inter-est thereon.C. That Plaintiff’s Mortgage is a val-id and lawful mortgage lien against the Property, that the estates, liens, encumbrances and other claims or interests of Defendants in and to the Property, and of all persons claiming by, from, through or under the Defendants are junior, inferior and subordinate to the lien of Plaintiff’s Mortgage, and that Plaintiff’s Mortgage is in all respects superior and paramount thereto.D. That a Sale of the Property shall be scheduled and held by the Sheriff of Bottineau County, North Dakota, or by his deputy, and the Property sold at said sale to satisfy the sums owing to Plaintiff, after which the Sheriff shall issue his certificate of sale to the purchaser(s) at the sale and deliver a sheriff’s deed to the purchaser(s) upon the expiration or waiving of the redemption period, all in accordance with the laws of North Dakota. Dated this 22nd day of January, 2021BY: Stephen A. Fetch, ND# 07664

MACKOFF KELLOGG LAW FIRMAttorneys for Plaintiff

38 Second Avenue East, Ste ADickinson, North Dakota 58601

Telephone: (701) 456-3210sfetch@mackoff.com

7-6,13,20

New Verizon Tower

PUBLIC NOTICE

Notice is hereby given that on July 15th, 2021, at 9:30 a.m., in the Commissioner’s Room at the Bottineau County Courthouse, the Bottineau County Planning and Zoning Commission will hold a pub-lic hearing on the application of RadAir Inc (Verizon Wireless) for a conditional use permit. Verizon Wireless is filing an appli-cation for conditional use for a new wireless communication facility and a self-supported lattice tower that is currently zoned agricultural, lo-cated on E1/2NW1/4 LOTS 1 & 2, Section 19, Township 159 North,

PUBLIC NOTICES

A public notice is information informing citizens of government

activities that may affect thecitizens’ everyday lives.

Public notices have been printedin local newspapers, the trustedsources for community informa-tion for more than 200 years.

---------North Dakota newspaper also

post public notices that are printed in newspapers on

www.ndpublicnotices.comat no additional charge to

units of government.

DEFAULT - Failure to fulfill an obligation to make payments when due to a lender.ENCUMBRANCE - A right attached to the prop-erty of another that may lessen its value, such as a lien, mortgage or easement.FORECLOSURE - The legal process of termi-nating an owner’s interest in property, usually as the result of a default under a mortgage. Foreclosure may be accomplished by order of a court or by the statutory process known as foreclosure by advertisement, also known as a power of sale foreclosure.LIEN - A legal claim asserted against the prop-erty of another, usually as security for a debt or obligation.MORTGAGE - A lien granted by the owner of property to provide security for a debt or obligation.

POWER OF SALE - A clause commonly written into a mortgage authorizing the mort-gagee to advertise and sell the property by event or default. The process is governed by statute, but is supervised by any court.PROBATE - The court procedure in which a descendent’s liabilities are settled and his/her assets are distributed to his/her heirs.PUBLIC NOTICE - Notice given to the public or persons affected by regarding certain types of legal proceedings, usually by placing in a newspaper or general circulation. This notice is usually required in matters that concern the public.

Disclaimer - The foregoing terms and definitions are provided merely as a guide for the reader and are not

offered as authoritative definitions of legal terms.

GLOSSARY OF TERMSPublic Notices

excess water from lands located in the Improvement District. 6. The Secretary is directed to cause a copy of this Resolution to be published once each week for three successive weeks in the offi-cial newspaper of the District. After the expiration of thirty days follow-ing the date of the first publica-tion no action may be commenced or maintained, and no defense or counterclaim may be recognized in the courts of this state to ques-tion or impair the drain warrants or bonds or the drain assessments supporting such warrants or bonds. The special assessment list for the Baumann Legal Drain Assessment District has been filed in the office of the Bottineau County Auditor. Dated: June 21, 2021. BOTTINEAU COUNTY WATER RESOURCE DISTRICT. Attest:

/s/ Clifford Issendorf Chairman, Water Resource Board

/s/ Kale R. Van BruggenSecretary

The governing body of the District acted on the foregoing resolution at a properly noticed meeting held in Bottineau, North Dakota, on June 21, 2021, with the motion for adoption made by Manager Artz and seconded by Manager Drangsholt and the roll call vote on the motion was as fol-lows: Managers Artz, Brandjord, Drangsholt, and Issendorf voting Aye. Manager Glinz absent. Motion carried.6-29,7-6,13

Overgaard Lateral Extension

Drain Bond

PRELIMINARY RESOLUTION FOR

ISSUANCE OF DRAIN BONDS

BE IT RESOLVED by the Water Resource Board of Bottineau County Water Resource District, Bottineau County, North Dakota, that it is necessary and expedi-ent for Bottineau County Water Resource District (the “District”) to issue its special assessment drain bonds as hereafter described: 1. The maximum amount of bonds proposed to be issued is $375,000. 2. The maximum interest rate the bonds shall bear is set forth in North Dakota CenturyCode Section 61-21-53. 3. The bonds shall mature no later than 16 years after the date of issuance. 4. The bonds are to be issued for the Overgaard Lateral Extension Legal Drain Assessment District. 5. The purpose for which the bonds are proposed to be issued is to provide funds to finance con-struction of a lateral extension to the existing Overgaard Lateral Legal Drain, to serve as an outlet for the drainage of agricultural lands and removal of excess water from lands located in the Improvement District. 6. The Secretary is directed to cause a copy of this Resolution to be published once each week for three successive weeks in the offi-cial newspaper of the District. After the expiration of thirty days follow-ing the date of the first publica-

County, North Dakota, as provided by NDCC § 38-08-08 and such oth-er relief as is appropriate. Signed by, Doug Burgum, Governor Chairman, NDIC7-6

Lund Summoned

STATE OF NORTH DAKOTACOUNTY OF BOTTINEAU

IN DISTRICT COURTNORTHEAST JUDICIAL DISTRICT

SUMMONSCase No. 05-2021-CV-00070

Bottineau Winter Park, ) Plaintiff, ) vs- )Robert C Lund )(deceased); Unknown )Heirs and Devisees of )Robert C Lund, Robert )John Lund, Tina Christina )Mae Lund Ferch, Any )Person in Possession, )and all persons unknown, )claiming any estate or )interest in, or lien or )encumbrance upon, the )real estate described in )the complaint, ) Defendants. ) To the above named Defendants including all persons unknown, claiming any interest or estate in, or lien or encumbrance upon the real estate described in the Complaint. You are hereby summoned to appear and defend against the Complaint in this action, which has been filed with the Clerk of Court and is herewith served upon you, by serving upon the undersigned a copy of an Answer or other prop-er response within 21 days after the service of this Summons upon you, exclusive of the date of ser-vice. If you fail to do so, Judgment by default will be taken against you for the relief demanded in the Complaint. This action relates to the foreclo-sure of a mortgage upon the fol-lowing described real property in Bottineau County, North Dakota:Outlot Number 3 of SE1/4 Section 11 Township 163 N Range 76 W, Together With Road Easement Over and Across the South 130 feet of the East 420 feet of the West 500 feet and the South 75 feet of the East 458.5 feet of the West 958.5 feet and the West 80 feet of that portion of the SW1/2SE1/4 lying South of Highway 43, all in the SW1/3SE1/4, Section 11, 163-76.Property address: #15 Winter Park, Bottineau ND 58318 The Plaintiff is not seeking a per-sonal judgment against the above named Defendants. Dated this 22nd day of January, 2021By: Stephen A. Fetch, ND# 07664

MACKOFF KELLOGG LAW FIRM Attorneys for the Plaintiff

Office and Mailing Address:38 Second Avenue East, Ste A

Dickinson, North Dakota 58601Tel: (701) 456-3210Fax: (701) 227-4739

Email: sfetch@mackoff.com 7-6,13,20

Winter Park Complaint

STATE OF NORTH DAKOTACOUNTY OF BOTTINEAU

IN DISTRICT COURTNORTHEAST JUDICIAL DISTRICT

COMPLAINTCase No. 05-2021-CV-00070

Bottineau Winter Park, ) Plaintiff, ) -vs- )Robert C Lund )(deceased); Unknown )Heirs and Devisees of )Robert C Lund, Robert )John Lund, Tina Christina )Mae Lund Ferch, Any )Person in Possession, and ) all persons unknown, )claiming any estate or )interest in, or lien or )encumbrance upon, the )real estate described in )the complaint, )

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