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Home My WebLink AboutContract 1744 FILED J~e F Cou~ Anoka Ccul~b¢ MN STATE OF i~ESOTA CO~l ....OF .~i{OBS% Kev~u J. Lamson: Trustee Rudolph Ao Faller Trust: Plaiutiff~ and Michael S. Grigoni, Information Research _~ssociates, Lnco, and David E. Fellemd, Involuntary Plaiutiffs ~ W~ton R. Lindberg: Larey E. Liudberg: Ricb~rd E. W~blstrom and Carrie E. Wahlstrom: Dezenda_u~s. P D/STRICT COURT T~{TH JL~ICiJ. L DiSTP~iCT ~..._le No. 2-C7-R2-2407 Case ~ZPE: Other Civd~ C.E~ TIFICATE OF NON-COMPLIANCE AND ViI%~!CATION OF POSSESSION State of F4~irmesota ) ) SS: Co~_ty of ~m_oka) Co.mes no~- Kevin Jo Lar,~on~=ho £irst heine dt~ly sworn upon his oath states ar~ deposes that he is the Trustee o£ ~he Rudolph Ao Falier Trusts pl~ntiff in the above entitled action. That he is a resident at ~h6~ Meister Driv% Frid!ey Mn ~5105¢ where he resided on March 4~ 1991 and at all t~es prior to and since: relative to the foreg65ng matters no~ being reported upon~ ~hich matters your affiant ~_ows of his own k~_o%~!edge to be true ar~ correct~ That: October 30¢ 1991 your affiant entered %uto actual occupancy and joint possession of the real property knovm as: ,41~0 Central Ave N.E. PiD NO 35 30 24 ]/~ 0092 Lot 2 and the South ll feet of Lot l~ Block 38 Columbia Heights Anex to Miuneapolis~ together ~~ith certain easements for ingress and egress over the north 39 feet of Lot l~ which r~m with the land and forever. (docUment no. ~71191) That December 14; 1992 b~ operation of contracts of reco~d (~b3143)Tne Rudolph ~. Faller Trust became a mortgagee in possession of subject property. That~ The Rudolph A. Faller Trust Shen reta~-aed Mark A. Fedore as Custodian of subject real, proper~y(~lSO Central Ave N.E,). That in addition to doing the d~ to d~y work o£ a Custodian he posted the doors with a Notice giv.-Lug instruct-- tions so any cal~r could (~l~sys) locate the Custodi~-u~ your affiant or any of the other occupants or persons Ln joint possessioU. That your affiant has read the Y~rch 4~ 1993 affidaw-it by deputy sheriff B.Thompson. Tha~, it is obvious and clasz~ that .mat~ers of fact at the proper~y and facts in the records es~aol_sh beyond any doub~ that this affidavit is not io_ compliance with IvFr~i S~T. 281.23. That persons entitled to Notice did not receive the ~Notice~· That your affiant did not receive such a Notice. That~ about ten days after they had been out of possession your affia~ subject real property to: (1) Lu_fra~ Inco (2) Michael ~igoni smd (3) DavidFel±and. On~ or abomt Ju~y 20~ 1993 rest,tr~g said paz~ties to occupancy aud/or posse~, ~ther your affiant s~ith not o .- ~'b and ~,.~orn to befor~ me a ~'~~Y, this Subsc_ z ed s .... ~-'~ta . ~%=Ff day of June 2003, C~tifi~ ~ ori~s ABSTRACT Receipt # 7~'7j~/& / ~0, ~ [] Incorrect/No Reference # Date/Time &/~ //~-'~ [] Non-standard Document Document Order ~ of ~ 0 CeRified Copy/ PINs ~ Recordabili~~/'~~ ' Filing Fees -- $~ '~ ~ T~ Lien/Release Copy/Additional Pg Fees $ ~ Transfer Well CeR Fees $ ~ ~Division ~ Incomplete Form ~ Status ~ Missing A~achment ~ New legal Description ~ No Legal Description ~ GAC ~ Non-existent Legal Description = ~eferred Specials ~ Pa~(s) Illegible ~-No Change DOCU~ENTNO. 1808669.0 ABSTRACT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON JT.J'"I~ 0 6 2 0 0 3 AT 12: 55 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $ 2 0.0 0 PAID. 20030?2?46 RECEIPT NO. MAUREEN J. DEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ~un~,' MN 1808670 / ,-'i ~-- ~1~ D!S~L±C_ COD~T T~{~ ~iCL~i DiS~ICT File No. B-C7-72-2407 Case Type: Other Civil, C~T~iCATE OF NON-CO~LI~CE VEE~ICATiON OF POSSESSION State of Ninnesota) ) SS: County of Comsz n~ David Eo Felland~ who first being duly sworn~ upon his oath states sr~ deposes that he is personally acquainted with the public records of the facts set forth herebelo~ and knows of his ovm knowledge that each is true and correct. That: attached hereto and iucorporated herein as tho set forth at length as ~ahibit k is a certified copy of tD~ affidavit of ~rch k~ 1993 of deputy sheriff B(ruce) Thompson~ relat~~g to PID No 35 30 2~ l~ 0092: Lot 2 and the South 11 feet of Lot !~ Block 38 Columbia Heights ~ue~x to Ndm~apolis~ together ~th certain easements for ingress parking ar.d egress over the north 52 feet of lot I which easement runs with the laud and forever. Tb~t~ a diligent investigation by a prudent person on March 4~ .1991 woul~ estab~ ish that m~tters in pais arid matters of record with the Office cf Property Records (fo!~erly Auditors Treasure~ and Recorder) establish that - Information Research Association~ Inco~ (Infra~ Inc.)~. Michael S. Grigoni~ The Ru~olp~ A. Faller Trust au~/or it' s Trustee Kevin Jo Lamson and/or it~ s GN SITE Custodian Mark .A. FeSor David E. Fell~-~ ~re each entitled to a ~. STAT. 281.23 Notice° That~ included among the facts which a prudent persons diligent search on or about March 4~ 1921 would disclose are: ~e: persons who did not receive :Notice~ ) 1. LIS PE~D~S by Trustee LamSon document number 2~6478. 2. LIS PENDENS by Mary Anderson docmuent number 62~771. 5. Contract for ~ee~s~ document numbers ~b~62, 6~9~, ~o Quit Claim deed document number 5. Equitable mortgage ~document number 6o Mortgages documents numbers 60~008~ 66~14~ 271121 7. Special interest in fee title held by plaintiffs~ as estabiishe~ by Facts~ G~er for Judgment amd Judgment entered~ vacated and subject to re-entry iu the above described action. That~ March 4~ 1221 there was a two story cement block~ asbestos lined build- ~ug at subject real property° The property address was clear ~ visable and any diligent investigator womld notice that it was occmpied by persons in actual and constructive possession. That, the Custodian of/for The Rudolph A Faller Trust, a Mark A. F~dor, placed and ~ta~ned on the doors (front and back) a Notice. Notices which gave clear & complete instructions for any c~.U]er to locate the Custo~ia~ the TrUStee or any one else. (Three telephone numbers-a 2.,hhrpager n% a postal a~dress). During the per- iod of B(ruce) Thomspons 'work~ your affiaut on a week to week basis monitored the condition of these signs (Say Jam. ~ 1221 to &pril l~ 1221~ That~ it was obvious tt~at Custodian Fedor did an excellaut job of providing information. That, your affiant became a mortgagee on or about Dec. 13~1~82. That on December l~ 1222 pursuant to ar. amendment to said mortgage on January 4~ 128~ ~kat he became jo~_utly in possession as a· mortgagee in possession (~665143). That~ May 30.~ 1991 consistent with the conditions of the Jsm_uary 4~ 1985 amendment (663i43) ~ud the joint venture agreement (pleaded J~uly ~4~ 1784 in File B-57119) your aff~ut subordinated his interests in said premises Rudolph A. Faller T~ust. It's Trustee entered into actual occupancy and joint possession of subject..ior~am_ise' on that day. Whic~h condition has continuedto date° That on JUne 15~ 1992 the Honorable Judge ThoruD Ordered that the plaintiffs in the above entitled action have a Special interest in the fee title of subject real proper~y~ which re~ius as au ~nchoate interest ~ That Dece~mber l~. 1~9~ documents of record (~O3i4.,3) estab~shed The Rudolph A Failer Trust and your afiaut~ et al as joLutly in constructive possession of subject real property° (~9~6478) That from the facts outlLned above - .matters of record and matters argohe .who inspected the subject property would know - it is clear that the statement of B(ruce) Thompson (Exhibit A) is not in compliance with MINNo ST~T 281ol3 Subd 6. That it is not in compliance ~rlth the mandate o~ the United States Supreme Court as set outin Menonite Board of Missions v. _Adams lO3 Sup. Ct. 2706~ 77 L. Ed 180. N°te-l(Note-i- See I WmoMitchel I notes 84~167~171~194~03~22o~7~293 That~ incidental to ~he Non-Compliance of B. Thompsons statement hut re- lating to the ongoing posse~ssiono On~ or about July 20~ 1993 after zome of the j o~ut te~n~uts ~had been out of possession for about ten days~ the Tz~astee of the Rudolph ~o F ~aller Trust - let: (!) Infra: .T. nc~ (2) Michael Grigoniaud (3) David Fel!aud back into possession° Which condition has continued through today. That (only) the interests of the defendants above named merged into the in- terests of the mortgsgee in possession June 15:1993 (~1045152). WIaich claim was in all th~_ugs avoided Jauuary 17:2002 with execution of document ~1637335o David E.- Subscribed and sworn to before me a ~ day of June 2003. and for Ar~ka Count/ this Office of Property Records :md Tax'4fion County of Anok'a, MN I hereby certify that 1 have compared the within Affidavit of Service that relates to PID #35 30 2,1 14 0092 with the original instruinent now on file in my office and that it is a true a,,d correct copy of the Salne, and of the whole thereof. Dated Mnureen- - 3,~.l)evine, Property Tax Administrator ANOKA CO~TY SHERiEE'S AEEIDAVIT STATE OF MINNE.~OTA County of Anoka State of Minnesota, I made such investigation as was necessary to ascert~.in wheLher the parcel of land identified as Pin ~ dj %~ k.~(' I~ 0"~~-- was actually occupied, and found vacant ~nd unoccupied- -- KE~,~[ETH G. Wli.,KINSON, Sheriff of An,,ka County Deputy poi County Service Travel Total Fee Fee ~m~s,f~' the ~axpayers and"F~e Owners and in Addition Those Parties Who. Have Filed Their Addresses Pursuant to section 276.041 Legal Description Tax Parcel .-Number Amount Necessacy to Redeem as of Feb. 19, 1993 CITY OF COLUMBIA HEIGHTS COLUMBIA HEIGHTS ANNEX ID LINDBERG W & L WAHLSTROM R & C LOT 2 & S 11 FT OF LOT 1 245 INLAND LN BLK 38 COL HTS ANNEX TO PLYMOUTH MN 55447 MPLS SUBJ TO EASE OF REC 35 30 24 14 0092 74,421.62 ABSTRACT Date/Time ~/~/) ///,,,~, i._~'~ [] Non-standard Document , [] Certified Copy/ Document Order ,~ of PINs ¢I~ [] Tax Lien/Release Copy/Additional Pg Fees $ [] Transfer Well Cert Fees $ [] Division [] Incomplete Form [] Status [] Missing Attachment [] New legal Description [] No Legal Description [] GAC [] Non-existent Legal Description [] Deferred Specials [] Part(s)Illegible i,~ No Change DOCUMENT NO, 18086?0.0 A]qSTRA. CT ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE FOR RECORD ON ~ 06 2003 AT '12: 5..5 ,~M AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $ 20. 00 PAID, 2003072747 RECEIPT NO. MAUREEN J. DEVINE ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY JMH DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES