STATE OF MINNESOTA

COUNTY OF POPE

DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

COURT FILE NO. 61-CV-24-385

Quiet Title Action

______________________

SUMMONS

Alexander M. Brainard (a.k.a. Alexander Markham Brainard) and Kayla M. Brainard; Kimberly J. Brainard (a.lea. Kimberly Jo Brainard); Lance W. Brainard (a.k.a. Lance Wayne Brainard and Lance Brainard) and Kimberle Anderson; and Johnathan P. Brainard (a.k.a. Johnathan Paul Brainard and John Brainard)

Plaintiffs,

vs.

The Opdahl Family Revocable Living Trust dated the 28th day of July 2011; Eagle Bank, a Minnesota Corporation; Aaron Brainard (a.k.a. Aaron D. Brainard); Estate of Charles Brainard, Virgiline Lindquist, Estate of Catherine Brainard (a.k.a. Catherine A. Brainard), Lulu DeMartelaere; Estate of James Brainard (a.k.a. James L. Brainard) and Gloria J. Brainard (Gloria Brainard); Maria L. Casebeer and Wayne J. Casebeer; Albert F. Brainard; Lawrence C. Brainard; Jeanette L. Brainard; Kenneth B. Brainard; Lonnie Casebeer; Darwin C. DeMartelaere; Charles J. DeMartelaere; William Lindquist and Mary Lindquist; Nancy Lindquist; Dennis Murphy and Diana Murphy; Lowell Lindquist and Lois Lindquist; Gary Lyle Kloos and Desiree Kloos (f.k.a. Desiree DeMartelaere); Christopher Kloos; Janae Kloos; Matthew Kloos; Joshua Kloos; Progressive Funding LLC, a New Mexico Limited Liability Company; A.D. and J.C. Brainard Trust; Xcel Energy, Inc., a Minnesota Corporation; County of Pope, a Minnesota Municipal Corporation; Bradley Hubert and Emily Hubert; Susan J. Wilson and Sylvan R. Wilson; Douglas Anderson and Terry Beebe; Weston G. Medalen and Debra D. Medalen; Barbara Iverson; Jeremy M. Jorgenson and Allison B. Jorgenson; Karolyn K. Gilbertson, Chrisopher T. Boelke; and Curtis G. Svennig and all such other unknown heirs of all said Defendants and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

Defendants,

______________________

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 yet be filed with the Court, and there may be no Court file number on this Summons.

2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 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 16 First Street SE, Glenwood, MN 56334.

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s 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 21 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 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. ALTERNATIVE 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, State of Minnesota, legally described as follows:

See EXHIBITS A-E attached hereto.

ALTERNATIVE DISPUTE 

RESOLUTION PROCESS

MINNESOTA STATUTE §543.22 REQUIRES US TO PROVIDE YOU WITH A STATEMENT CONTAINING INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION PROCESSES AS SET FORTH IN MINNESOTA GENERAL RULES OF PRACTICE (MGRP). PARTIES TO A CIVIL ACTION ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES. YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA. IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A

NONPROFIT PROVIDER OR A COURT PROGRAM.

Dated: Oct. 2, 2024

By:/s/ Brianna Zuber Beckwith

Brianna Zuber Beckwith (#0389190)

Attorneys for the Plaintiffs

16 First Street SE

Glenwood, Minnesota 56334

Phone (320) 634-4584

brianna@zuberlawmn.com

Exhibits A-E – condensed

Pope County Parcel IDs:

08-0040-000

08-0043-000

08-0083-000

08-0057-000

08-0068-000

08-0048-000

08-0063-000

For a complete legal description, please contact Zuber Law PLLC at 320-634-4584.

Nov. 4, 11, 18