STATE OF MINNESOTA COUNTY OF POPE IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT CIVIL DIVISION COURT FILE NO. 61-CV-22-175

– QUIET TITLE ACTION –

STANLEY D. SYVERSON JR. AND JOHN E. ELVEHJEM,

Plaintiff,

vs.

THE ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY, OLE P. PETERSON, MINNIE PETERSON, ALAUS KITTLESON, THE FIDELITY MUTUAL LIFE INSURANCE CO. OF PHILADELPHIA, PENNSYLVANIA,  LUDWIG ELVEHJEM, MAREN ELVEHJEM, VICTOR ELVEHJEM, THE ESTATE OF LUDVIG ELVEHJEM, CLARETTE WIIG, ANDREW T. ESTBY, PATRICIA ESTBY, ORLYN EXPLORATION CO. INC., EARTH SCIENCE EXPLORATION, INC., IRREVOCABLE OSBORN CHILDREN TRUST FOR BROOKE DESIREE OSBORN, SCARLETT JASMINE OSBORN, AND ADAM SETH OSBORN UNDER THE PROVISIONS OF THAT CERTAIN DECLARATION OF TRUST DATED DECEMBER 8, 1969, JOHN E. MACK, PAT BAJARI, ALLAN BAJARI, LARRY BAJARI, JERRY BAJARI, AND THE STATE OF MINNESOTA; also the unknown heirs of the above-named Defendants, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

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SUMMONS

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THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

1. YOU ARE BEING SUED. The Plaintiffs have 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 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 at 605 S Lakeshore Dr., Glenwood, MN 56334.

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 Plaintiffs 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 Plaintiffs everything asked for in the Complaint. If you do not want to contest to 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. ALTERNATE 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 alternate means of resolving this dispute.

7. This lawsuit may affect or bring into question title to real property located in Pope County, Minnesota, legally described as follows:

Exhibit A

The  Northeast Quarter of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter, all within Section 13, Township 123 North, Range 37 West, Pope County, Minnesota, EXCEPTING THEREFROM said Northwest Quarter of the Northeast Quarter, the following described tracts:

Beginning at the northeast corner of said Northwest Quarter of the Northeast Quarter;

thence North 89 degrees 21 minutes 03 seconds West, assumed basis of bearing, along the north line of said Northwest Quarter of the Northeast Quarter, 140.25 feet (8 1/2 rods); 

thence southeasterly, along a line bearing South 41 degrees 29 minutes 23 seconds East and distant 211.38 feet to a point on the east line of said Northwest Quart of the Northeast Quarter 156.75 feet (9 1/2 rods) southerly of said northeast corner of the Northwest Quarter of the Northeast Quarter;

thence North 00 degrees 04 minutes 29 seconds East, along said east line, 156.75 feet (9 1/2 rods) to the point of beginning.

AND

That part of the Northwest Quarter of the Northeast Quarter of Section 13, Township 123 North, Range 37 West, Pope County, Minnesota, described as follows:

Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter;

thence North 89 degrees 27 minutes 50 seconds West, assumed basis of bearing, along the south line of said Northwest Quarter of the Northeast Quarter, 165.00 feet (10 rods) to the point of beginning of the land to be described;

thence continuing North 89 degrees 27 minutes 50 seconds West, along said south line, 165.00 feet (10 rods);

thence North 00 degrees 32 minutes 10 seconds East, perpendicular to said south line, 264.00 feet (16 rods);

thence South 89 degrees 27 minutes 50 seconds East, parallel with said south line, 165.00 feet (10 rods); 

thence South 00 degrees 32 minutes 10 seconds West 264.00 feet (16 rods) to the point of beginning.

The tract contains 1.00 acre more or less and is subject to easements, reservations or restrictions of record, if any.

Exhibit B

That part of the Northwest Quarter of the Northeast Quarter of Section 13, Township 123 North, Range 37 West, Pope County, Minnesota, described as follows:

Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter;

thence North 89 degrees 27 minutes 50 seconds West, assumed basis of bearing, along the south line of said Northwest Quarter of the Northeast Quarter, 165.00 feet (10 rods) to the point of beginning of the land to be described;

thence continuing North 89 degrees 27 minutes 50 seconds West, along said south line, 165.00 feet (10 rods);

thence North 00 degrees 32 minutes 10 seconds East, perpendicular to said south line, 264.00 feet (16 rods);

thence South 89 degrees 27 minutes 50 seconds East, parallel with said south line, 165.00 feet (10 rods);

thence South 00 degrees 32 minutes 10 seconds West 264.00 feet (16 rods) to the point of beginning.

The tract contains 1.00 acre more or less and is subject to easements, reservations or restrictions of record, if any.

Dated this 25th day of May, 2022.

OBENLAND & NELSON

Attorneys for Plaintiff(s)

605 South Lakeshore Drive,

Suite 1000

Glenwood, Minnesota 56334

(320) 634-4581

By: /s/ Neil T. Nelson

Neil T. Nelson #0388-73

June 27, July 4, 11, 18