STATE OF MINNESOTA COUNTY OF POPE IN DISTRICT COURT EIGHTH JUDICIAL DISTRICT CIVIL DIVISION COURT FILE NO. 61-CV-22-51

– QUIET TITLE ACTION –

JONATHON MCIVER AND JANA MCIVER,

Plaintiff,

vs.

GEORGE W. THACKER; KNUDT HALDERSON; CLARA HALDERSON; HANS ENGEBRETSON; HELENA ENGEBRETSON; KNUDT PLADSEN; ANNIE PLADSEN; OLE O. BAGLEY; INGEBORG BAGLEY; SOPHIA R.  NESS; HENRY NESS; CECIL FLOM AKA CECILE NESS; FLORENCE BARSNESS AKA FLORENCE NESS; STANLEY NESS; PHILIP NESS; PALMA NESS; GORDON  R. JACOBSON; ROSE M. JACOBSON; LESLIE G. JOHNSON; ALICE N. JOHNSON; DARYL SYVERSON; CHERYL SYVERSON; JANET E. MOE; MIRELLA FRANCA OLSON AKA MIRELLA F. OLSON; CHRIS WESTRE; BETTY WESTRE, WESTRE PROPERTIES INC., A MINNESOTA LIMITED LIABILITY COMPANY, DAVE JACOBSON AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GORDON R. JACOBSON; AARON ERICKSON AND JENNIFER ERICKSON, WILLIAM C. OGDAHL; AMANDA L. OGDAHL FKA AMANDA L. DISRUD; MARK M. BECKER; PRESBYTERIAN FAMILY FOUNDATION, INC., AS CONSERVATOR OF THE ESTATE OF EMILIA V. KVITEK, PROTECTED PERSON, SINGLE; 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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AMENDED 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’ Amended Complaint against you is attached to this Amended 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 Amended Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Amended Summons a written response called an Answer within 20 days of the date on which you received this Amended Summons. You must send a copy of your Answer to the person who signed this Amended 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’ Amended Complaint. In your Answer, you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiffs should not be given everything asked for in the Amended Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED COMPLAINT TO THE PERSON WHO SIGNED THIS AMENDED 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 Amended Complaint. If you do not want to contest to the claims stated in the Amended Complaint, you do not need to respond. A Default Judgment can then be entered against you for the relief requested in the Amended 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 Amended 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:

The West Half of the North Half of the North Half of the Northwest Quarter of the Northwest Quarter of Section 19, Township 125 North, Range 37 West of the Fifth Principal Meridian, Pope County, Minnesota, EXCEPT that part described as follows:

Beginning at the northeast  corner of said West Half of the North Half of the North Half of the Northwest Quarter of the Northwest Quarter;

thence on an assumed bearing of South 0 degrees 22 minutes 52 seconds West, along the east line of said West Half of the North Half of the North Half of the Northwest Quarter of the Northwest Quarter, distance of 165.00 feet;

thence on a bearing of South 87 degrees 47 minutes 27 seconds West, parallel with the north line of said Section 19, a distance of 85.00 feet to Point A; 

thence on a bearing of North 4 degrees 49 minutes 52 seconds West a distance of 165.00 feet to a point on the north line of said Section 19, 100.00 feet west of the point of beginning, as measured along the north line of said Section 19;

thence on a bearing of North 87 degrees 47 minutes 27 seconds East, along the north line of said Section 19, a distance of 100.00 feet to the point of beginning.

This tract contains 4.9 acres more or less and is subject to a 16.5 foot easement for ingress and egress purposes over and across that part of said Northwest Quarter of the Northwest Quarter, the east line of said easement is described as follows:

Beginning at the aforesaid Point A;

thence North 04 degrees 49 minutes 52 seconds West 165.00 feet to the north line of said Northwest Quarter of the Northwest Quarter and said line there terminating.

Said easement shall be prolonged or shortened to terminate on a line bearing South 87 degrees 47 minutes 27 seconds West from said Point A and on the north line of said Northwest Quarter of the Northwest Quarter;

Said tract is also subject to the trunk highway identified in certified copy of Final Certificate, recorded Book 1, Miscellaneous Page 1, dated July 7, 1966, filed August 5, 1966.

Subject to other easements, reservations or restrictions of record if any.

Dated this 17th 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 #0388073

July 4, 11, 18