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022312 Legals

LEGAL NOTICE
NEMAHA COUNTY EXTENSION BOARD MEETING
The Nemaha County Extension will hold an Extension Board Meeting, Thursday, March 1, 2012, 7:00 p.m. at the Meeting Room in the basement of the Courthouse, Auburn.
The agenda is maintained at the Nemaha County Extension Office, Courthouse - Auburn, 402-274-4755, and is posted at the Nemaha County Courthouse.
Herald - Feb. 23

NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
ESTATE OF EDWIN EUGENE LEWIS, DECEASED
PR12-6
Notice is hereby given that on the 16th day of February, 2012, in the County Court of Nemaha County, Nebraska, the Registrar issued a written Statement of Informal Probate of the will of said Decedent and that Kent Lewis, whose address is 32 FM 3351 North, Bergheim, Texas 78004, was informally appointed by the Registrar as Personal Representative of the Estate.
Creditors of this Estate must file their claims with this Court on or before April 23, 2012 or be forever barred.
Nancy Hall
Clerk Magistrate
Neal E. Parson, #13228
Attorney at Law
217 East 18th Street
Falls City, Nebraska 68355
402-245-3088
Herald - Feb. 23, March 1 & 8

 

Official Minutes
Regular Meeting
Board of Education, Dist. #29
February 13, 2012
The Board of Education of School District #29 of Nemaha County met on February 13, 2012 at the Auburn Public Schools, Central Office for the purpose of conducting the regular board meeting.    Notice of the meeting was duly published in the Auburn Newspapers.
President Bob Hemmingsen called the meeting to order at 5:30 p.m.  Roll call of members present were: Oestmann, Kennedy, Billesbach and Hemmingsen. Zaruba and Kernes Krause were absent.
Motion by Kennedy and second by Oestmann to approve the consent agenda.  Roll call vote Oestmann (yes), Kennedy (yes), Billesbach (yes), Hemmingsen (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Kennedy and second by Oestmann to approve the minutes from the 1-9-2012 regular meeting.  Roll call vote Oestmann (yes), Kennedy (yes), Billesbach (yes), Hemmingsen (yes) and Kernes Krause (yes). Motion carried 5-0.
Visitors included: Wayne Chase, David Swanson, Eli Kennedy, Michelle Dixon, Lee Conner, Troy Wynn, Steve Nelson, Micah Rathjen, Klark Knipe, Amy Kroll and the administrators.
Beth Kernes Krause entered meeting at 5:32 p.m.
Troy Wynn and Steve Nelson gave a short presentation to board on offering baseball as an activity at Auburn Public Schools.
Dana Timmerman and Michelle Dixon spoke to board about the PTO program.
Klark Knipe and 2 of his students spoke to board about what they learned at the water treatment plant.
Motion by Kernes Krause and second by Kennedy that the Board approve the monthly financial report.  Roll call vote: Oestmann (yes), Kennedy (yes), Billesbach (yes), Hemmingsen (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Kernes Krause and second by Billesbach that the board approve the contract for SPED services for 2009-2010 and 2010-2011 school year with Lincoln Public Schools for $60,000 as presented. Roll call vote: Oestmann (yes), Kernes Krause (yes), Hemmingsen (yes), Kennedy (yes), and Billesbach (yes). Motion carried 5-0.
Motion by Kernes Krause and second by Oestmann that the Board approve the monthly claims in all funds as presented.  Roll call vote: Kernes Krause (yes), Kennedy (yes), Hemmingsen (yes), Oestmann(yes) and Billesbach (yes). Motion carried 5-0.
CHECKS FOR PAYMENT    
February 13, 2012    
Payable To    Amount
AHERN CO.    442.00
Amazon    349.85
American Lawncare    2,400.00
American Recycling    581.00
AmSan    4,975.47
Apple Computers    645.00
Around the Clock Sec    900.00
Auburn Family Health    110.00
Auburn Newspaper    499.55
Auburn Plumbing     13.20
Auburn Bowling Center    274.00
Blue Cross/Blue Shield    96,541.13
Beatrice Mechanical Svc    178.76
Bennetts Auto Body    114.50
Dennis Blount    7.50
Bohl Plumbing     50.07
Board Of Public Works    16,021.72
Bulldog Auto Parts    509.50
Capital Sanitary Supply    595.00
Casey’s    387.13
CD Sign Design    254.40
CDW G    75.65
Cenex    6,236.43
Wayne Chase    72.37
Comstock Plumbing     109.73
Concrete Industries    241.50
Control Services    85.26
Dakota Leasing    3,062.01
Darnell Glass Co.    282.50
Dist. 29 Emp Ben Fund    186.90
Dist #29 GF Misc. Exp    1,158.02
Dist. 29 Lunch Fund    690.37
Dollar General    24.00
Eggers Bros. Inc.    20.23
El Portal    11.87
Enabling Devices    142.95
Esu #4    59.00
ESU #6    393.62
ESU#4 SPED    2,687.50
Fire Protection Service    38.00
Flower Shoppe    180.00
Follett Library    117.52
Fremont National Bank    2,043.63
Carlene Frenzel    130.85
“General ASP, Inc.    650.00
Gilbert Service    1,248.60
Glenn’s Corner Market    306.38
Vernon Golladay    423.90
Goodwin Tucker Group    73.42
GovConnection    1,535.92
Guardian    462.09
Harris    50.00
Hickory Road     907.50
Hire Right Solutions    27.15
Houghton Mifflin    654.19
ID ville    30.45
Joslyn Art Museum    44.00
Amy Kroll    244.12
Lincoln Public Schools    888.96
Lincoln Public Schools    60,000.00
Lynch’s Hardware    14.06
Mary Malcolm    5,169.50
Deb Mason    37.12
Matheson-Linweld    108.53
Mellage Truck    3,528.49
Meyer - Earp Chevrolet    37.35
Midwest Distr Corp.    469.32
Midwest Office Autom.    144.00
Music Theater Int    100.00
NASB    495.00
National Ins Svc    1,551.91
“NBI, Inc.”    199.00
NE DOL/Boiler Insp    144.00
NE / Central Equip    336.77
Nebraska Snow Equip    4,243.50
Northwest Evaluation    13,902.50
Office Depot    216.72
Ok Tire    450.88
O’Keefe Elevator Co.    223.60
Omaha Truck Center    2,791.23
ORSCHELN    11.57
Pamida    248.71
Reserve Account    1,000.00
Pearson Assessments    130.00
Pepper & Son    126.97
P, G, H & G    70.00
Physical & Resp Therap    3,055.75
Pioneer Awards    46.75
Pizza Hut    34.00
Sharon Pollard    80.00
Prioity Printing    191.70
PWC     300.00
Peru State College    100.00
Quia Corporation    49.00
Quill    199.26
Quiznos    31.38
Rademacher Pest Con.    85.00
R.C. Booth Ent    241.00
Region V     309.75
Sack Lumber    59.46
Schmitt Music     95.00
Schneider Electric     32.00
School Specialty    627.12
Security Services    35.00
Seminole Energy     9,032.13
Shell Fleet Plus    427.87
Softchoice Corp    1,195.60
Steve Srb    1,846.35
Stenberg Law     2,283.16
Subway    20.99
Verizon Wireless    281.10
Kevin Walker    80.00
Wilson Electric    4,032.32
Windstream    1,437.52
Zito Media     306.19
Total Payments    273,712.50
Motion by Kernes Krause and second by Kennedy that the Board approve joining and paying dues to NASB for 2012 as presented.  Roll call vote: Hemmingsen (yes), Billesbach (yes), Kennedy (yes), Kernes Krause (yes) and Oestmann (yes). Motion carried 5-0.
Motion by Kernes Krause and second by Kennedy that the Board approve the contract with NJUMP as presented.  Roll call vote: Oestmann (yes), Kennedy (yes), Billesbach (yes), Hemmingsen (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Kernes Krause and second by Oestmann that the Board approve the 2012 Driver’s Education rate remain at $250.  Roll call vote:  Kennedy (yes), Kernes Krause (yes), Oestmann (yes). Billesbach (yes) and Hemmingsen (yes). Motion carried 5-0.
Motion by Oestmann and second by Kennedy that the Board approve the request from the Eagles to use school facilities for the July 4th activities. Roll call vote: Kernes Krause (yes), Oestmann (yes), Hemmingsen (yes), Billesbach (yes) and Kennedy (yes).  Motion carried 5-0
Motion by Oestmann and second by Kernes Krause that the Board approve the contract with Beatrice Mechanical for replacement and repair of compressors at a cost of $17,952.11.  Roll call vote: Oestmann (yes), Hemmingsen (yes), Billesbach (yes), Kennedy (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Oestmann and second by Kennedy that the Board approve the contract with Omaha WinAir for the installation of a 5 ton HVAC unit at Calvery Elementary at a cost of $3,139.11.  Roll call vote: Oestmann (yes), Hemmingsen (yes), Billesbach (yes), Kennedy (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Kennedy and second by Billesbach that the Board approve the school calendar for the 2012-13 school year as presented.  Roll call vote: Oestmann (yes), Hemmingsen (yes), Billesbach (yes), Kennedy (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Kennedy and second by Kernes Krause that the offer the Superintendent a contract extension for the 2013-2014 school year.  Roll call vote: Oestmann (yes), Hemmingsen (yes), Billesbach (yes), Kennedy (yes) and Kernes Krause (yes). Motion carried 5-0.
Motion by Billesbach and second by Kernes Krause that the Board approve the removal of policies as presented-P6150 and P6191. Roll call vote: Kennedy (yes), Billesbach (yes), Hemmingsen (yes) Kernes Krause (yes), Oestmann (yes)  Motion carried 5-0.
Motion by Billesbach and second that the board accept the annual multi cultural report as presented. Roll call vote: Kennedy (yes), Billesbach (yes), Hemmingsen (yes) Kernes Krause (yes), Oestmann (yes)  Motion carried 5-0.
President Bob Hemmingsen adjourned the meeting at 6:09 p.m.
The next regular monthly meeting of the Board of Education will be held on March 12, 2012 at 5:30 p.m. at the Brownville City Hall, 309 Water Street., Brownville, NE. The agenda for the regular school board meeting shall be kept continuously current and shall be readily available for public inspection at the superintendent’s office during normal business hours.  All items on the board agenda are subject to discussion and/or board action.  The board may enter closed session regarding any item on the agenda, which is permitted by Nebraska Statute.
Bob Hemmingsen, President
Kevin Reiman, Secretary
Board of Education, Dist. 29
Nemaha County
Herald - Feb. 23

 

NOTICE OF ANNUAL
ELECTION OF LITTLE
NEMAHA LEVEE DISTRICT NO. 3 OF NEMAHA COUNTY,
NEBRASKA
Notice is hereby given that on April 10, 2012, between the hours of 8:00 o’clock A.M. and 6:00 o’clock P.M. the annual election of the above district will be held at the office of the County Clerk at the Courthouse at Auburn, Nebraska for the purpose of election of two directors. The director whose full term expires is John Stevenson. The direction whose term is being filled for four years is Norma Kennedy. The procedure for filing as a candidate is to file with the Nemaha County Clerk.
John Stevenson, Secretary
Herald - February 23, March 1




NOTICE OF ANNUAL
ELECTION OF PERU
DRAINAGE DISTRICT NO. 6
OF NEMAHA COUNTY,
NEBRASKA
Notice is hereby given that on April 10, 2012, between the hours of 8:00 o’clock A.M. and 6:00 o’clock P.M. the annual election of the above district will be held at the office of the County Clerk at the Courthouse at Auburn, Nebraska for the purpose of election of two directors. The director whose full term expires is Allan W. Adams. The directior whose term is being filled for four years is Thomas L. Snodgrass. The procedure for filing as a candidate is to file with the Nemaha County Clerk.
Michael O. Heng, Secretary
Herald - February 23, March 1




NOTICE OF ANNUAL
ELECTION OF PERU DIKE AND LEVEE DISTRICT NO. 1 OF OTOE AND NEMAHA COUNTIES, NEBRASKA
Notice is hereby given that on April 10, 2012, between the hours of 8:00 o’clock A.M. and 6:00 o’clock P.M. the annual election of the above district will be held at the office of the County Clerk at the Courthouse at Auburn, Nebraska for the purpose of election of two directors. The director whose full term expires is Michael O. Heng. The directior whose term is being filled for four years is Thomas L. Snodgrass. The procedure for filing as a candidate is to file with the Nemaha County Clerk.
Michael O. Heng, Secretary
Herald - February 23, March 1




NOTICE OF ANNUAL
ELECTION OF McKISSICK ISLAND PRECINT DIKE & LEVEE DISTRICT NO. 3 OF NEMAHA COUNTY,
NEBRASKA
Notice is hereby given that on April 10, 2012, between the hours of 8:00 o’clock A.M. and 6:00 o’clock P.M. the annual election of the above district will be held at the office of the County Clerk at the Courthouse at Auburn, Nebraska for the purpose of election of three directors. The director whose full term expires is Michael R. Stenzel. The director whose term is being filled for two years is Clayton Lang. The directior whose term is being filled for one year is Mike W. Stenzel. The procedure for filing as a candidate is to file with the Nemaha County Clerk.
Clayton Lang, Secretary
Herald - February 23, March 1




PUBLIC HEARING NOTICE
Blue Rivers Area Agency on Aging will conduct a Public Hearing on March 23, 2012, at 9:00 A.M., at 1901 Court Street, Beatrice, Nebraska 68310. The purpose of the hearing is to receive public comment concerning waivers for direct service delivery of Transportation, In-Home Services (Handyman/Housekeeper/Personal Care/Respite) and Senior Center Meals. BRAAA provides these services directly to assure an adequate supply of services. Comments/proposals will also be received from interested entities for the provision of the above services. Comments received will be submitted to the State Unit on Aging, Nebraska Department of Health & Human Services.
Herald - February 23, March 8




NOTICE OF ANNUAL ELECTION OF BROWNVILLE-NEMAHA LEVEE DISTRICT NO. 2 OF NEMAHA COUNTY, NEBRASKA
Notice is hereby given that on April 10, 2012, between the hours of 8:00 o’clock A.M. and 6:00 o’clock P.M. the annual election of the above district will be held at the office of the County Clerk at the Courthouse at Auburn, Nebraska for the purpose of election of five directors. The director whose full term expires is Bill Chapin. The director whose term is being filled for 4 years is Richard Andrew. The director whose term is being filled for 3 years is Jane Andrew. The director whose term is being filled for 2 years is Kellie Kennedy. The director whose term is being filled for 1 year is Steven Kennedy. The procedure for filing as a candidate is to file with the Nemaha County Clerk.
Jane Andrew, Secretary
Herald - February 23, March 1





NOTICE
Auburn Public Schools - Nemaha School District #29 is requesting bids for the purchase and installation of a digital movie projector located at the State Theater. Questions related to the specific requirements of the projector should be referred to Kevin Reiman, Superintendent; 1713 J Street, Auburn, NE (402) 274-4830.
Bids should be submitted to the Office of Superintendent, Auburn Public Schools, 1713 J Street, Auburn, NE. Bids will be accepted for this project until Thursday, March 1st at 11:30 a.m.
Herald - February 23




NOTICE
Auburn Public Schools - Nemaha School District #29 is requesting bids for the replacement of theater seating located at the State Theater. Questions related to the specific requirements of the seating should be referred to Kevin Reiman, Superintendent; 1713 J Street, Auburn, NE (402) 274-4830.
Bids should be submitted to the Office of Superintendent, Auburn Public Schools, 1713 J Street, Auburn, NE. Bids will be accepted for this project until Friday, March 23rd at 4:30 p.m.
Herald - February 23, March 1




NOTICE
Auburn Public Schools - Nemaha School District #29 is requesting bids for the installation of internet wiring, wireless access points, and switches at all attendance centers within the district. Questions related to the specific requirements of the project should be referred to Scott Vanderboegh, Technology Coordinator, Auburn High School; 1829 Central Ave., Auburn, NE 68305, (402) 274-4328.
Bids should be submitted to the Office of Superintendent, Auburn Public Schools, 1713 J Street, Auburn, NE. Bids will be accepted for this project until Friday, March 23rd at 4:30 p.m.
Herald - February 23, March 1




minutes of the board
of educational service unit 4
february 13, 2012
The Board of Educational Service Unit 4 held its regular meeting on Monday, February 13, 2012, at 5:15 p.m. at the Educational Service Unit 4 in Auburn, Nebraska. The following claims were paid for the month of February:
General Fund    $41,832.08
Payroll    $337,941.17
NCECBVI    $35,641.59
Federal Programs    $7,167.28
The Board of Educational Service Unit 4 will meet in regular session on Monday, March 12, 2012, at 5:15 p.m. in the conference room at the office of Educational Service Unit 4, 919 16th Street, Auburn, Nebraska. The Region 4 Preschool Planning Team will meet on Wednesday, February 29, 2012, at 6:30 p.m. at the ESU 4 Learning Center, 1109 R Street, Auburn, Nebraska. Agendas for both meetings, kept current, are readily available for public inspection at the office of the Administrator during normal business hours.
Herald - Feb. 23




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of ROBERT A. COLE, Deceased
Estate No. PR12-5
Notice is hereby given that a Petition for Formal Probate of Will of said Deceased, Determination of Heirship, and Appointment of Cathleen D. Pierson and Allison L. Caspers as Personal Corepresentatives has been filed and is set for hearing in the County Court of Nemaha County, Nebraska, located at 1824 N Street, Auburn, Nebraska 68305 on March 8, 2012, at or after 10:30 o’clock a.m.
Cathleen D. Pierson, Petitioner
4324 South 169 Ave. Circle
Omaha, NE 68135
(402) 895-6042

Allison L. Caspers, Petitioner
72759 624th Ave.
Tecumseh, NE 68450
(402) 335-2580

Albert G. Fuller, #11405
Fuller Law Office
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - February 16, 23, March 1




Notice of Trustee’s Sale
TS No.: 10-0045256 TSG
No.: 10-6-160034A
The following described property will be sold at public auction to the highest bidder at the East front door of the Nemaha County Courthouse, 1824 North Street, Auburn, NE, on the March 26, 2012 between the hours of 9 A.M. and 5 P.M. (10:00 AM): LOT 1, BLOCK 32, OF HOWE AND NIXON’S SECOND ADDITION TO THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA. All subject to any and all: (1) real estate taxes, (2) special assessments, (3) easements, covenants, restrictions, ordinances, and resolutions of record which affect the property, and (4) unpaid water bills, (5) prior mortgages and trust deed of record and (6) ground leases of record. The purchaser is responsible for all fees or taxes. This sale is made without any warranties as to title or condition of the property. By: RECONTRUST COMPANY, N.A., Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 (800) 281-8219 ASAP# 4191486 02/16/2012, 02/23/2012, 03/01/2012, 03/08/2012, 03/15/2012
Herald - Feb. 16, 23, March 1, 8, 15




STATE OF NEBRASKA
LIMITED LIABILITY
COMPANY CERTIFICATE OF
ORGANIZATION
J&D’s Essentials LLC
FIRST: The name of the limited liability company is J&D’s Essentials LLC.
SECOND: The street and mailing address of its designated office in the state of Nebraska is 73400 638 Ave., Auburn, Nebraska 68305.
THIRD: The street and mailing address of its agent for service of process in the state of Nebraska is 73400 638 Ave., Auburn, Nebraska 68305. The name of its agent for service of process is Jeff Beatty.
FOURTH: The personal liability of the members and managers of the company for monetary damages for breach of fiduciary duty shall be eliminated to the fullest extent permissible under Nebraska law. The company is authorized to indemnify its members and managers to the fullest extent permissible under Nebraska law.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Organization on the date below.
Date: January 11, 2012
LegalZoom.com, Inc., Organizer
By: Karla Figueroa, Assistant Secretary
Herald - February 9, 16, 23




NOTICE OF PROPOSED SALE
Notice is hereby given that pursuant to the Resolution for the sale of real estate, Passed and Approved by the City of Auburn on January 23, 2012, the City of Auburn may sell the below legally described real estate in accordance with the terms stated below.
REAL ESTATE TO BE SOLD:
Lots Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Twenty-Nine (29) in Sheridan, now Auburn, Nemaha County, Nebraska;
TERMS AND CONDITIONS:
1. That the BUYER of said real estate from the City shall accept said property under agreement with the City that the BUYER will pay twenty percent (20%) of purchase price paid on the day of the sale with the remainder due within thirty (30) days of confirmation of the sale by passing of ordinance;
2. That the City will order and provide a title insurance policy insuring marketable title to the purchaser upon the request of the purchaser on the day of the auction. The cost of the title Insurance policy shall be split 50/50, and shall be paid at closing;
3. That real estate taxes on said property will be prorated to the date of closing;  
4. That the Mayor is authorized to sign any necessary agreements or contracts on behalf of the City of Auburn in carrying out the provisions herein.
5. That the City reserves the right to reject any and all bids.
6. That the Mayor and City Clerk will give a Warranty Deed to the Purchaser upon payment of the full purchase price. All payments shall be made by cash or certified funds. Possession will be given to the purchaser upon making full payment at closing.
7. The Buyer purchases and accepts said real estate “AS IS”, on buyer’s personal inspection, without condition or warranty by the City unless otherwise agreed to in written.  
The auction will be held on Saturday, April 7, 2012, at 10:00 o’clock a.m. at the 4-H Building, Auburn, Nebraska, and shall be conducted by Dick Stich auctioneer (associate broker and auctioneer with Bulldog Realty and Property Management). The high bid will be considered by the Mayor and City Council at regular meeting. The City reserves the right to reject any and all bids.
Dated this 23rd day of January, 2012
Sherry Heskett, Municipal Clerk
of the City of Auburn, Nebraska
Herald - Feb. 9, 16, 23


NOTICE OF PROPOSED SALE
Notice is hereby given that pursuant to the Resolution for the sale of real estate, Passed and Approved by the City of Auburn on January 23, 2012, the City of Auburn may sell the below legally described real estate in accordance with the terms stated below.
REAL ESTATE TO BE SOLD:
Lots One Hundred Six (106) and One Hundred Seven (107), in Crestview Addition to the City of Auburn, Nemaha County, Nebraska.
TERMS AND CONDITIONS:
1. That the BUYER of said real estate from the City shall accept said property under agreement with the City that the BUYER will pay twenty percent (20%) of purchase price paid on the day of the sale with the remainder due within thirty (30) days of confirmation of the sale by passing of ordinance;
2. That the City will order and provide a title insurance policy insuring marketable title to the purchaser upon the request of the purchaser on the day of the auction. The cost of the title Insurance policy shall be split 50/50, and shall be paid at closing;
3. That real estate taxes on said property will be prorated to the date of closing;  
4. That the Mayor is authorized to sign any necessary agreements or contracts on behalf of the City of Auburn in carrying out the provisions herein.
5. That the City reserves the right to reject any and all bids.
6. That the Mayor and City Clerk will give a Warranty Deed to the Purchaser upon payment of the full purchase price. All payments shall be made by cash or certified funds. Possession will be given to the purchaser upon making full payment at closing.
7. The Buyer purchases and accepts said real estate “AS IS”, on buyer’s personal inspection, without condition or warranty by the City unless otherwise agreed to in written.  
The auction will be held on Saturday, April 7, 2012, at 10:00 o’clock a.m. at the 4-H Building, Auburn, Nebraska, and shall be conducted by Dick Stich auctioneer (associate broker and auctioneer with Bulldog Realty and Property Management). The high bid will be considered by the Mayor and City Council at regular meeting. The City reserves the right to reject any and all bids.
Dated this 23rd day of January, 2012
Sherry Heskett, Municipal Clerk
of the City of Auburn, Nebraska.
Herald - Feb. 9, 16, 23




NOTICE OF TRUSTEE’S SALE
TO WHOM IT MAY CONCERN:
You are hereby notified that pursuant to a power of sale contained in the deed of trust in the original principal amount of $92,500.00 executed by Steven W. Van Der Kamp and Brandy J. Van Der Kamp, husband and wife, which was filed for record on August 31, 2007 in Book 175 at Page 262 of the Mortgage Records in the office of the Register of Deeds of Nemaha County, Nebraska, the property described below will be sold by the undersigned at public auction to the highest bidder for cash or certified or cashier’s check, at the east front door of the Nemaha County Courthouse, 1824 “N” Street, City of Auburn, Nemaha County, Nebraska at 10:00 AM on March 21, 2012:
Lot Seven (7), in Block One Hundred Ninety-eight (198) of Neal’s Addition to Peru, Nemaha County, Nebraska.
The highest bidder is required to deliver cash or certified funds to the undersigned by the close of business on the day of sale, except this requirement is waived when the highest bidder is the beneficiary. The purchaser is responsible for all fees or taxes, including the documentary stamp tax. This sale is made without any warranties as to title or condition of the property.

Eric H. Lindquist
Successor Trustee
Herald - Feb. 9, 16, 23, March 1, 8




NOTICE OF TRUSTEE’S SALE
For default in the payment of debt secured by a deed of trust executed by Megan D. Prell, dated January 5, 2007, and recorded on January 8, 2007, in Book No. 172, at Page 277 in the Office of the Recorder of Deeds, Nemaha County, Nebraska, the undersigned Successor Trustee will on March 13, 2012, at 10:00 AM, at the main level lobby of the Nemaha County, Courthouse, Auburn, Nebraska, sell at public vendue to the highest bidder for cash:
A tract of land in the Northeast Quarter (NE 1/4) of Section Seventeen (17), Township Four (4) North, Range Thirteen (13) East of the 6th P.M. in Nemaha County, Nebraska, being more particularly described as follows:  Beginning at the Northeast corner of said Section 17, thence S00 02’ 18” W (assumed bearing) along the East line of said Section 17 a distance of 188.27 feet; thence S 24 degrees 56’ 36” W a distance of 131.53 feet; thence N89 degrees 45’ 00” W a distance of 283.43 feet; thence N 00 degrees 00’ 00” E a distance of 306.29 feet to the North line of said section 17; thence S 90 degrees 00’ 00” E along the North line of said section 17 a distance of 339.02 feet to the point of beginning.
Ingress-Egress Easement over and across a tract of land described as commencing at the Northeast corner of Section 17, Township 4 North, Range 13 East of the Section 17, a distance of 33.0 feet to the point of beginning; thence S 90 00’00” E a distance of 33.0 feet thence S 00 02’ 18” W a distance of 15; MORE CORRECTLY DESCRIBED AS:
Tract No. 1: A tract of land in the Northeast Quarter (NE 1⁄4) of Section Seventeen (17), Township Four (4) North, Range Thirteen (13) East of the 6th P.M. in Nemaha County, Nebraska, being more particularly described as follows: Beginning at the Northeast corner of said Section 17; thence South 00° 02’ 18” West (assumed bearing) along the East line of said Section 17 a distance of 188.27 feet; thence South 24° 56’ 36” West a distance of 131.53 feet; thence North 89° 45’ 00” West a distance of 283.43 feet; thence North 00° 00’ 00” East a distance of 306.29 feet to the North line of said Section 17; thence South 90° 00’ 00” East along the North line of said Section 17 a distance of 339.02 feet to the point of beginning.
Tract No. 2: Ingress-Egress Easement over and across a tract of land described as commencing at the Northeast corner of Section 17, Township 4 North, Range 13 East of the 6th P.M. in Nemaha County, Nebraska; thence South 00° 02’ 18” West along the East line of said Section 17, a distance of 33.0 feet to the point of beginning; thence South 90° 00’ 00” East a distance of 33.0 feet; thence South 00° 02’ 18” West, a distance of 155.29 feet; thence North 89° 57’ 42” West a distance of 33.0 feet; thence North 00° 02’ 18” East along the East line of said Section 17 a distance of 155.27 feet to the point of beginning, commonly known as 63201 724th Road, Auburn, NE, 68305
subject to all prior easements, restrictions, reservations, covenants and encumbrances now of record, if any, to satisfy the debt and costs.
Edward Brink, Successor Trustee
First Publication:  February 2, 2012
NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction.  The debt collector is attempting to collect a debt and any information obtained will be used for that purpose (No. 132920). For more information, visit   PRIVATE HREF=”http://www.southlaw.com” MACROBUTTON HtmlResAnchor www.Southlaw.com
Herald - Feb 2, 9, 16, 23, March 1




JOHNSON-BROCK BOARD OF EDUCATION REGULAR BOARD OF EDUCATION MEETING
FEBRUARY 13, 2012 – 7:30 P.M.
SUPERINTENDENT’S OFFICE
Members Present: Darren Oestmann, President; Keith Bohling, Vice-President; David Bohling, Secretary; Duane Caspers; Arlen Grotrian; Lonnie Neddenriep.
Also Present: Jeffrey Koehler, Superintendent; Jacquelyn Kelsay, Principal; Joetta Sims, Board Recorder; Steve Clark, Mary Stewart.
The regular meeting of the Johnson-Brock Board of Education, District #N-23, was convened in the Superintendent’s Office at 7:30 p.m. by President Darren Oestmann.  Roll call: D. Bohling, here; K. Bohling, here;  Caspers, here; Grotrian, here; Neddenriep, here; Oestmann, here.  Advance notice of the meeting was legally posted, and it was noted that the Open Meeting Law was posted on the south wall.
Moved by Arlen Grotrian to accept the agenda as presented.  Seconded by Keith Bohling.  Roll call vote:  All ayes.  Motion carried.
Moved by Lonnie Neddenriep to accept the minutes of the regularly scheduled Board of Education meeting held Monday, January 9, 2012 with a correction to show Arlen Grotrian as chairperson of the Negotiations Committee instead of Darren Oestmann.  Seconded by Darren Oestmann.  Roll call vote: All ayes. Motion carried.
Moved by David Bohling to accept the claims as presented in the amount of $51,217.60 from the General Fund.  Seconded by Arlen Grotrian.  Roll call vote: All ayes. Motion carried.
Card Services    $27.03
Black Hills Energy    $4,246.44
Brooklyn Publishers, LLC    $80.25
Verizon Wireless    $99.52
Windstream    $150.22
ACCRO USA LLC    $2,250.00
American Recycling    $292.00
AS Central Services    $443.80
Auburn Newspapers    $87.72
Beard’s Salvage    $3.90
Board of Public Works    $3,444.79
Bulldog Auto Parts, INC.    $88.66
Calloway House, Inc.    $31.93
Capital Business Systems    $1,242.59
Cash-wa Distributing    $351.34
E.S.U. No. 4    $105.00
E.S.U. No. 4    $16,864.63
E.S.U. No. 6    $562.31
Edwards Chemicals, Inc.    $1,451.55
Eggers Brothers, Inc.    $157.26
First Bankcard    $8.54
First Bankcard    $2,227.00
Flex One    $96.00
Flinn Scientific Inc.    $398.37
Follett Educational Services    $186.00
J.W. Pepper & Son, Inc.    $551.49
J-B Reimbursement Acct.    $1,304.46
Johnson Quik Stop    $3,288.39
Latsch’s    $85.16
Lueders Petroleum Inc.    $3,423.11
Madison National Life    $548.62
Mary Malcolm    $1,139.50
Menards-Lincoln North    $149.86
MCSA    $185.00
Nicholson & Associates    $190.50
Pamida    $110.22
PRTS, LLC    $401.35
Quill Corporation    $1,158.15
RAM Exterminators, Inc.    $350.00
Deeann Richardson    $69.87
Sack Lumber Company    $53.70
Schmitt Music Company    $88.53
School Specialty    $26.12
Southeast Plumbing    $1,424.30
Sunmart #728    $37.10
Village of Johnson    $937.12
Watts Up    $180.66
Wentz Heating & Air    $146.96
Zito Media    $470.58
Checking Account Total    $51,217.60
Grand Total    $51,217.60
The Principal’s written report included information regarding the statewide writing assessment conducted in the fourth, eighth, and eleventh grade classes.  Mrs. Kelsay distributed and reviewed figures provided by the Governor’s Office regarding Nebraska Schools Accountability and Reading Assessment results.  Johnson-Brock was rated at 93.94% in 2010 and 96.6% in 2011.  For ACT scores, Johnson-Brock tied for second with Howells among small schools, and the 2010 graduation rate was 100%.  The 2009-10 figure for graduates going on to college was 77.1%.  Mrs. Kelsay noted that several graduates that year entered the military after high school instead of college.
In the Superintendent’s report, Mr. Koehler noted that Claire Rush had a prior commitment and was not able to attend the meeting as the Student Council representative.  Proposed modifications to the front offices with regard to replacing windows were discussed.  Bids and proposals for the roof to the shop area and concessions building were compared and discussed.  Mr. Koehler will seek further information for consideration before a decision is made.  Preliminary state aid calculations were reviewed.
Moved by Keith Bohling to approve renewing membership in the Nebraska Association of School Boards from April 1, 2012 to March 31, 2013 with membership dues in the amount of $2,767.  Seconded by David Bohling.  Mr. Koehler explained that, as members, Johnson-Brock receives between $20,000 and $30,000 each year in Medicaid funds through a consortium administered by the NASB.  Roll call vote:  All ayes.  Motion Carried.
Moved by Duane Caspers to approve the proposed calendar for the 2012-2013 school year.  Seconded by Arlen Grotrian.  Roll call vote:  All ayes.  Motion carried.
Moved by Lonnie Neddenriep to enter into executive session to protect public interest and prevent needless injury to reputation of an individual at 7:54 p.m.  Seconded by Keith Bohling.  Roll call vote: All ayes. Motion carried.
Moved by Duane Caspers to return to regular session at 8:38 p.m.  Seconded by Arlen Grotrian.  
Roll call vote: All ayes. Motion carried.
Moved by Lonnie Neddenriep to offer a contract for K-12 Principal for the 2012-2013 school year to Jacquelyn Kelsay with a salary increase of $2300.  Seconded by Keith Bohling.  Discussion was held relative to both administrators’ salaries in relationship to other area schools of similar size and other schools in the Pioneer Conference.  Roll call vote:  All ayes.  Motion carried.
Moved by Arlen Grotrian to extend the contract with Jeffrey Koehler as Superintendent of Schools through the 2014-2015 contract year with a salary increase of $3000 for the 2012-2013 school year and salary for 2013-2014 to be negotiated.  Seconded by Duane Caspers.  Roll call vote:   All ayes.  Motion carried.
Moved by Keith Bohling to adjourn the regularly scheduled February Board of Education meeting at 8:42 p.m.  Seconded by David Bohling.  Roll call vote: All ayes. Motion carried.
The next regularly scheduled meeting of the Johnson-Brock Public Schools Board of Education will be held March 12, 2012 at 7:30 p.m.
Herald - February 23

 

MINUTES OF THE MEETING OF THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA
HELD FEBRUARY 13, 2012
THE BOARD OF PUBLIC WORKS OF THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA (BPW), met in regular session on the 13th of February, 2012 at the regular meeting place of the Board at the hour of 12:00 p.m.  This meeting was held in open session as required by Chapter 84, Article 14 of Nebraska Statutes.
Vice - Chairman Kubik called the meeting to order and requested roll call:  Members present –Glenn, Kubik, & Wilson.
Vice - Chairman Kubik announced this was an open meeting and information about open meetings was posted on the north wall of the Board Room.
Vice - Chairman Kubik noted all Board Members have received a copy of the Agenda for this meeting.
Deputy City Clerk Denise Eggers administered the Oath of Office to Tom Gulizia.
General Manager (GM) Dave Hunter introduced to the Board Chad Podolak with NPPD.  Chad is the Wholesale Representative who works with the Board of Public Works.  Chad gave a presentation on the issues facing NPPD and how that impacts the BPW.  Discussion was held but no action was taken on this issue.
Board Member Rich Wilson asked to discuss electrical system improvements.  Member Wilson asked about the 17th – 23rd Street Project.  GM Hunter stated that no expenditures would take place on the project without Board Approval.
Ken Fairchild, with Olsson Associates, presented to the Board an estimate for the catalytic converters as part of the RICE Compliance Project on the power plant from DCL America Inc. in the amount of $302,954.00.  Mr. Fairchild also explained to the Board the additional steps that would be involved in getting the power plant at the BPW into RICE Compliance.  After discussion, Member Glenn made a motion to approve a purchase order in the amount of $302,954.00 and 10% payment to DCL America Inc. for the RICE Compliance Project.  Member Wilson seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
Board Member Tom Gulizia asked to discuss the delineation of the Franchise Fee on utility bills.  Member Gulizia stated that he had received numerous telephone calls regarding the addition of this line item to the bill.  GM Hunter explained that the franchise fee was previously included in the rate and that it was pulled out of the electric rate to allow more transparency in the electrical rate.  After discussion it was determined that better communication should have occurred regarding the Franchise Fee and instructions were given regarding placing an article in the newsletter explaining the Franchise Fee delineation.
GM Hunter reported to the Board that a committee had met with Energy Pioneer Systems regarding providing energy audits and a financial mechanism for financing improvements to BPW customers.  GM Hunter reported that a contract had been received from Energy Pioneer Systems and that it was being reviewed by the City Attorney.  Energy Pioneer Systems had requested copies of the energy usage by BPW customers and after consultation with the City Attorney, GM Hunter did not feel like the information could be provided without a signed waiver from the customers.  Discussion was held but no action was taken on this issue.
Member Wilson asked to discuss the release of information to the public.  Member Wilson stated that the newspaper articles regarding the board meetings reflected more information that was contained in the Board Update rather than what was discussed at the meetings.  Discussion was held but no action was taken on this issue.
GM Hunter reported that a letter had been sent to Eriksen Construction regarding remaining issues on the Water Plant.  A response has been received to the letter but it was still under review by the attorney and the engineer.  GM Hunter also reported that the Water Plant continued to have issues with the SCADA system that should be resolved by a software update.  No action was taken on this issue.
GM Hunter asked the Board for a volunteer to serve on the Safety Committee.  Member Wilson volunteered to serve on the Safety committee.
Accounting & Finance Manager (AFM) Melissa Sierks presented to the Board the 2011 Budget Reconciliation required by State Statute due to the Water Department exceeding its budget on expenditures by 48.84%.  AFM Sierks explained that this exceeding of the budget was due in large part to paying off the clearwells loan in the amount of $528,000.  AFM Sierks also presented Budget Reconciliations for the Electric and Waste Water Departments.  Member Glenn made a motion to accept the Budget Reconciliations and submit them to the City Council for approval at their February 23rd Meeting.  Member Gulizia seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
GM Hunter presented to the Board the approved Revenue Reserves Policy and documentation for review.  Member Gulizia suggested that the documentation of reserves be changed to show actual reserve balances rather than projected balances.  GM Hunter noted that he would make the recommended adjustments.
GM Hunter asked the Board for direction on water and sewer rates for 2012.  It was decided after discussion to wait until receipt of the 2011 audit at the March Board Meeting to determine a course of action with the water and sewer rates.
Member Gulizia asked to discuss capacity and monthly minimum charges for water / sewer customers.  A discussion was held and no action was taken per the previous agenda item.
GM Hunter submitted a Peru Water Maintenance Agreement for the Board’s approval.  The agreement is for the same terms as the interim agreement previously approved.  Member Glenn made a motion to approve the Peru Water maintenance agreement.  Member Wilson seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
GM Hunter submitted a Nemaha Water Maintenance Agreement for the Board’s approval.  The agreement would have the Board of Public Works provide services to the Village of Nemaha similar to the services being provided to the City of Peru.  Member Gulizia made a motion to approve the Nemaha Water Maintenance Agreement.  Member Wilson seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
GM Hunter presented to the Board information regarding a 2004 Sterling Vac / Flush Truck for the Board’s Review.  Water / Waste Water Manager Ken Swanson advised the Board on the condition of the Cameljet unit currently being used and the additional functionality of the 2004 Sterling Vac / Flush Truck.  GM Hunter advised the Board that this unit was only available due to a trade by the City of Aurora and that a similar unit purchased new would be over $300,000 while the asking price on this unit was $195,300.  Member Glenn made a motion to purchase the 2004 Sterling Vac / Flush Truck with funds from the Electrical Department and trade in of the Camel Jet Unit.  Member Kubik seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
Member Wilson asked to discuss discontinuing the newsletter or require Board approval prior to the release of the newsletter.  After much discussion, it was determined that the February newsletter would be sent to the Board Members via e-mail for review and all future newsletters would be included in the Board Meeting Packet for review.
On Financial:  
AFM Sierks presented the Board with all the normal reports regarding financial, and asked for any questions regarding same.  AFM Sierks also reported that no CD’s were maturing in March.
Vice - Chairman Kubik asked for any objections or exceptions to the General Consent Items listed under Agenda Item #22.  Motion was moved by Member Gulizia, seconded by Member Glenn, the Board approve the General Consent Items listed below:
a) Approve the previous meeting’s minutes and dispense with reading of same,
b) Approve monthly compensation of officers, management and employees as previously fixed by the Board,
c) Approve, ratify and allow the following checks written/transfers during the month:
Checks Written During the Month of January 2012:
NPPD    235,240.02
Nebraska Department of Revenue            27,927.07
Nebraska Department of Roads            500.00
Windstream    438.67
Black Hills Energy    53.25
Approve the following claims submitted for payment:
Action Technology    730.00
American Recycling    74.00
American Safety    113.34
Amsan    97.96
Arbor Manor    1,485.40
ADC    1,000.00
AFHC    215.00
Postmaster    2,200.00
Baird Holm    173.52
Beard’s Salvage    345.90
Black Hills Energy    53.25
BPW    22,061.11
Brownville Concert Series    50.00
Bulldog Auto Parts    523.04
Burns, Ralph    56.40
Capital Business Systems    191.49
Carson, Devon    135.59
Caselle In    1,180.00
CSS - Energy Care    61.51
Cintas    1,055.18
City Of Auburn    12,432.26
Cole, Steve    400.00
Concrete Industries    181.15
County Publications    396.30
Credit Bureau of Council Bluffs            72.00
D.R. Thomas    464.24
Dakota Supply    3,445.07
DHHS State of Nebraska    304.00
Dugan Business Forms    1,120.77
Eggers Brothers    75.89
Farwest Line    95.26
Fastenal    85.79
Faulks, Kirk    31.00
First Bank Card Center    2,512.43
First National Bank    10.00
First Wireless    13,978.97
Fleet Services    3,012.79
Garver, Jeff    57.50
Glenn’s Corner Market    17.19
Great Plains One Call    29.94
Hach Chemical Company    424.29
Haley, Michael    16.78
Hamilton Associates    885.00
Hawkins    262.18
HD Supply Waterworks    1,938.85
Helms, James E    249.48
HHS-State of NE    289.01
HireRight Solutions    59.80
Hoak, Cady    426.00
Hoffmeister, Bryan    37.80
Huber Technology    1,292.00
Hunter Jr., David A.    21.00
Husker Electric    2,167.27
Itron    3,141.10
JEO Consulting Group    2,000.00
Kriz-Davis Company    2,062.68
LARM    140.00
LONM    363.00
Lynch Hardware    40.26
Martin, Jessie    92.30
Meyer Earp    222.62
Mike’s Window Service    21.30
Municipal Supply    1,551.71
Nall & Company    3,237.00
Nebraska City Apple Corps    40.00
NPPD    275,245.31
Needles I    89.67
O’Conner, John    6.32
Olsson Associates    1,685.91
OPPD    8,820.62
Orscheln    212.43
Pamida Inc.    31.94
S.E.N.C.A.    200.00
Sack Lumber    671.90
Safety-Kleen    306.85
O.K. Tire    1,452.54
Schreiner, Kevin    40.40
Seelye Plastics    139.60
Stutheit Implement    95.14
Sunmart    51.09
T & R Electric    11,935.00
Marzolf Company    909.36
US Cellular    167.08
Vision Metering    1,325.00
W.W. Grainger    91.79
Water Engineering    418.37
WAPA    37,475.06
Windstream    120.66
Wymore, Brianna    135.39
Transfer funds from E-W-WW Revenue funds into checking for expenses, plus the routine interdepartmental transfers to T&D.
Transfer of $648,000 to Checking from Revenue
Approve Free Service Report for furnishing utilities, materials, equipment, inspections and labor to the city free of charge and franchise fee payments to the city for the month of January 2012 in the amount of $22,411.11.
Roll call:  those voting aye – Glenn, Hahn, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.
Motion was moved by Member Wilson, seconded by Member Gulizia, the Board approve the claim of Glenn’s Corner Market - $17.19.  Roll call: those voting aye – Gulizia, Kubik, & Wilson.  Member Glenn abstained.  Vice - Chairman Kubik declared the motion carried.
Reports:  Due to the length of the meeting, the reports were delivered in written form with minimal discussion.
Electrical Department
Power Plant
Water / Waste Water Department
Nitrate Levels in Water
2011 Financial Audit
General Information
2011 NMPP Rate Survey
LED Lighting
There being no further business to come before the Board, motion was moved by Member Glenn the Board adjourn to the next regular Board Meeting to be held March 12, 2012 at the hour of 12:00 p.m. at the regular meeting place of the Board.  Member Wilson seconded the motion.  Roll call:  those voting aye – Glenn, Gulizia, Kubik, & Wilson.  Vice - Chairman Kubik declared the motion carried.   Vice - Chairman Kubik declared the meeting adjourned.  Agenda items will be posted.
Mark Kubik, Vice - Chairman
ATTEST:
Doug C. Glenn, Secretary
CERTIFICATE
I, Melissa Ann Sierks, Notary Public for the State of Nebraska, do hereby certify the attached and foregoing minutes is a true, correct and conformed copy of proceedings had and done by the Board of Public Works at their February 13, 2012 meeting; all of the subjects acted upon in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the Office of the Board; such subjects were contained in the agenda for at least twenty-four hours prior to said meeting; at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body, all in accordance with Chapter 84, Article 14 of Nebraska Statutes.
Melissa Ann Sierks, Notary Public in and for the State of Nebraska.    
My Commission Expires June 15, 2014.
Herald - February 23