Public Notice
Notice is hereby given that a meeting of the Board of Commissioners of the County of Nemaha, Nebraska will be held at 8:00 a.m. on Wednesday, March 14, 2012 in the Commissioners Chambers, Courthouse Suite 201, Auburn, Nebraska.  The meeting is open to the public.  Agenda for such meeting is kept continuously current and is available for public inspection at the office of the County Clerk in the Nemaha County Clerk’s office, Courthouse Suite 201, Auburn, NE during normal working hours and also at  HYPERLINK “http://www.nemahacounty.ne.gov” www.nemahacounty.ne.gov.
Joyce Oakley
Nemaha County Clerk
Herald - March 8




PUBLIC NOTICE
NOTICE OF BOARD OF
EDUCATION MEETING
LOCATION CHANGE
The location for the Board of Education of District #29 of Nemaha County, Nebraska Regular Board of Education meeting scheduled for Monday, March 12, 2012 at the Brownville City Hall, 309 Water Street, Brownville, Nebraska, at 5:30 p.m. has been changed to the Auburn Public Schools Central Office, 1713 J Street, Auburn, Nebraska at 5:30 p.m.
Herald - March 8




N O T I C E
A total of 198 cases will be heard by the Board in March, 2012.  The following cases sentenced in Nemaha County will be seen by the Board of Parole.
8:30 a.m. March 28, 2012, Community Corrections Center, Lincoln, Nebraska
Mason Corliss, #68868 (1st Degree False Imprisonment; 1st Degree Assault, 2 cts.)
ESTHER L. CASMER, CHAIR
NEBRASKA BOARD OF PAROLE
Herald - March 8





NOTICE OF TRUSTEE’S SALE
The following-described property will be sold at public auction to the highest bidder inside the East Door of the Nemaha County Courthouse, 1824 N Street, Auburn, Nemaha County, Nebraska, on April 23, 2012, at 10:30 a.m.:
A tract of land out of and a part of the East Half of the Northwest Quarter of Section Nineteen (19), Township Five (5) North, Range Fifteen (15) East of the 6th P.M., Nemaha County, Nebraska, being more particularly described as follows: Commencing at the West 1/16th corner on the North line of said Section 19; thence S00o22’00”E along the West line of the East Half of the Northwest Quarter of said Section 19 a distance of 235.00 feet; thence N89o52’34”E a distance of 247.43 feet to the point of beginning; thence N00o00’00”E a distance of 176.42 feet to the South right-of-way of Nebraska State HWY # 136; thence S83o13’42”E along said right-of-way a distance of 58.29 feet; thence S85o48’05”E along said right-of-way a distance of 279.13 feet; thence S00o08’06”E a distance of 148.62 feet; thence S89o52’34”W a distance of 336.62 feet to the point of beginning.
All in Nemaha County, Nebraska
(pursuant to the trust deed filed for record in Book 173 of Mortgages, Pages 416-421, in the records of the Register of Deeds in and for Nemaha County, Nebraska, for which Union Bank and Trust Company, is named beneficiary and trustee).
Such sale shall be subject to real estate taxes, special assessments, unpaid water charges, any prior liens, and easements, covenants and restrictions of record.  Trustor is Paula Winkelman.
The successful bidder at sale will be required to deliver to the representative of Trustee the total amount of the purchase price in cash or certified funds at the time of sale, except this requirement is waived when the highest bidder is the Beneficiary.
UNION BANK AND TRUST COMPANY, Trustee
By: Derek A. Aldridge, #23541
Perry, Guthery, Haase & Gessford, P.C., L.L.O.
Attorney for Trustee
233 South 13th Street, Suite 1400
Lincoln, Nebraska
(402) 476-9200
Herald - March 8, 15, 22, 29 April 5
PUBLIC HEARING NOTICE
Blue Rivers Area Agency on Aging will conduct a Public Hearing on March 28, 2012, at 9:00 A.M., at 1901 Court Street, Beatrice, Nebraska. The purpose of the hearing is to receive public comment concerning fare rate increases for transportation services. Testimony received will be submitted to the State of Nebraska Department of Roads.
Herald - March 8, 15



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 MEETING
The regular meeting of the Auburn Board of Public Works will be held Monday, March 12, 2012 at 12:00 Noon at the Board Office, 1600 O Street, Auburn, NE.
An agenda for the meeting is available for Public inspection at the Board’s Office.
David A. Hunter, Jr.
General Manager
Herald - March 8




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Mildred A. Gerdes, Deceased
Estate No. PR 12-9
Notice is hereby given that on March 2, 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 Joanne M. Puchalla, whose address is 5121 Elk Ridge Rd., Lincoln, NE 68516 and Linda K. Volker, whose address is 72818 638 Ave., Auburn, NE 68305, were informally appointed by the Registrar as Personal Corepresentatives of this Estate.
Creditors of this Estate must file their claims with this Court on or before May 8, 2012, or be forever barred.
Nancy Hall
Clerk of the County Court
1824 N Street
Auburn, NE 68305
Albert G. Fuller, #11405
FULLER LAW OFFICE
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - March 8, 15, 22




STATE OF NEBRASKA
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF APPLICATION
A-18867
Nemaha County
Water Division 1-F
On January 26, 2012, Kris and Lisa A. Kirby filed in the Department of Natural Resources (Department) application A-18867 for a permit to impound water.
Summary of Application:
Type: Storage above ground
Source: Tributary to Buck Creek
Quantity of Water to be Impounded: 25.2 acre-feet
Name of Proposed Reservoir: Kirby Reservoir
Location of Proposed Reservoir: NE1/4 SW1/4 of S 18 T 6 N, R 15 E
Additional project information and procedures for objection or comments may be obtained by contacting the Surface Water Permits section of the Department at (402) 471-2363 or through the Department’s website at www.dnr.ne.gov/legal/SW_Notice ofAppsfiled.html.
Objections must be received by the Department by 5:00 P.M. on April 6, 2012.
Date of Notice March 8, 2012.
Herald - March 8, 15, 22




STATE OF NEBRASKA
LIMITED LIABILITY
COMPANY CERTIFICATE
OF ORGANIZATION
Exceptional Quality LLC
FIRST: The name of the limited liability company is Exceptional Quality LLC.
SECOND: The street and mailing address of its designated office in the state of Nebraska is 228 Main Street, Brownville, Nebraska 68321.
THIRD: The street and mailing address of its agent for service of process in the state of Nebraska is P.O. Box 14, Brownville, Nebraska 68321. The name of its agent for service of process is Mark Elliot Cardwell.
FOURTH: The personal liability of the members and managers of the company for monetary damages for breach of fiduciary duty shall be eliminiated to the fullest extent permissible under Nebraska law.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of Organization on the date below.
Date: February 7, 2012
LegalZoo.com, Inc., Organizer
By: Karla Figueroa, Assistant Secretary
Herald - March 1, 8, 15




STATE OF NEBRASKA
LIMITED LIABILITY
COMPANY CERTIFICATE OF
ORGANIZATION
F&N Strategies LLC
FIRST: The name of the limited liability company is F&N Strategies LLC.
SECOND: The street and mailing address of its designated office in the state of Nebraska is 830 Central Ave., Auburn, Nebraska 68305.
THIRD: The street and mailing address of its agent for service of process in the state of Nebraska is 830 Central Ave, Auburn, NE  68305. The name of its agent for service of process is Kendall Neiman.
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: February 2, 2012
MyUSAcorporation.com
By: Julia Greenberg-Aguilar, Organizer
Herald - March 1, 8, 15




NOTICE OF REQUEST FOR PROPOSALS
PUBLIC NOTICE is hereby given by the Chair and Board of the Community Redevelopment Authority (CRA) of the City of Auburn, Nebraska, that the CRA has issued a Request for Proposals whereby the CRA will receive applications from the owners of record (Owners) of real property located within the designated redevelopment area for funding assistance to construct certain redevelopment projects on their property.  The City of Auburn, Nebraska (City) approved the redevelopment plan for the redevelopment area.  The redevelopment area description is available in map form (boundary maps) at the Auburn City Hall, 1101 “J” Street.  The owners are eligible to apply for funding from the CRA to construct any of the redevelopment projects approved by the TIF Plan.
RFP packets are available to any interested applicant, at the Auburn City Hall, 1101 “J” Street, Auburn, Nebraska.  The CRA will receive the applications until noon on March 30, 2012.  The CRA will receive the applications and consider them as they come in with possible award beginning on March 13, 2012.  Applications received after March 13th and before noon on March 30, 2012 will be considered at the regular scheduled CRA meeting in April.   Additional information on the redevelopment plan and redevelopment Area, and the application process may be obtained at City Hall during regular business hours.
Stephanie Fisher
CRA Chairman
Herald - March 8




NOTICE OF INFORMAL
INSTESTACY AND
APPOINTMENT OF PERSONAL REPRESENTATIVE AND
NOTICE TO CREDITORS
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Case No. PR 12 -7
IN THE MATTER OF THE ESTATE OF FREDRICK A. CLARKE, Deceased
Notice is hereby given that on the 23rd day of February, 2012, in the Nemaha County Court, Auburn, Nebraska, the Registrar issued a written Statement of Informal Intestacy, and Michael Clarke, 63796 730 Road, Auburn, NE 68305 has been appointed Personal Representative of this estate. Creditors of this estate must file their claims with this Court on or before the 1st day of May, 2012, or be forever barred.
Nancy Hall
Clerk of County Court
James H. Cain, #15527
Attorney for Personal Representative
1920 “O” Street
Auburn, NE 68305
(402) 274-3938
Herald - March 1, 8, 15
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




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




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

City Council Proceedings
January 23, 2012
The Mayor and Council of the City of Auburn, Nemaha County, Nebraska, were called to meet at the City Hall at 1101 “J” Street on January 23, 2012, at 7:00 o’clock P.M., in Regular Meeting, open to the general public.
The meeting was called to order by Mayor Scott Kudrna.  Upon roll call, the following members of the City Council were present:  Billings, Bishop, Clark, Critser, Erickson and Holtzman. Absent:  No one.  
Mayor Kudrna announced “I am required by law to inform the public that a copy of the Open Meetings Act is posted on the North wall of these Chambers by the entrance door”.  
Council approved the December 27, 2011 meeting’s minutes as written.
The City Council approved the financial report.
The following claims were presented before the Council for ratification:  Captain Handy, Se-95.00; American Family Life Assurance Co., Wh-81.32;  Action Technology Services Inc., Se-300.00; American Recycling & Sanitation, Se-145.00; Black Hills Energy, Ut-307-72; Blue Cross-Blue Shield, Ins-8543.66; Board of Public Works, Ut-5829.06; EnTire Recycling Inc., Su-6462.80; Five Nines Technology Group, Se-103.70; Great Western Bank, Health Savings Deposit-1400.00; Harry Bridgmon, Health Savings Deposit-1400.00; Linda Bantz, Se-309.00; Mark Harms, Ex-500.00; NE Dept. of Revenue, Sales Tax-636.92; NE Law Enforcement Training Center, Ex-80.00; Nemaha County, Se-4693.47; Region V-SENDS, Se-325.00; The Standard, Ins-366.91;  Time Warner Cable, Se-189.56; Verizon Wireless, Se-52.33; Windstream, Ut-126.64; Wright Express, Su-3462.72.  The following claims (not previously approved by motion or resolution) were presented:  Alamar Uniforms, Su-Equip-104.67; Auburn Memorial Library Petty Cash, Su-60.37; Auburn Newspapers, Se-182.39; Baker & Taylor, Bk-223.22; Board of Public Works, Fe-626.00; Brent Lottman, Se-50.00; Bulldog Auto Parts, Su-175.13; Cash-Wa Distributing Co., Su-64.89; Consolidated Management Co., Ex-69.75; Data Technologies Inc., Su-125.97; Demco, Su-29.94; Eakes Office Plus, Su-256.37; Eggers Brothers Inc., Su-152.41; Filter Care, Se-12.70; Five Nines Technology Group, Se-25.00; Follett Software Company, Se-829.00; GT Distributors Inc., Ex-325.01; JEO Consulting Group Inc., Se-4000.00; Lynch’s Hardware & Gifts, Se-3.38; Massman Nelson Reinig PC, Se-10000.00; Mellage Repair, Se-457.19; Meyer-Earp Chevrolet, Se-119.85; Microfilm Imaging Systems Inc., Se-695.00; NE State Historical Society, Mem-40.00; Nebraska Library Commission, Se-827.91; Orscheln, Su-133.83; Pamida Inc., Su-30.41; Postmaster, Su-90.00; Reiman Publications, Bk-30.98; Rylind Manufacturing, Su-Se-3500.00; Schneider OK Tire Store Inc., Se-105.00; Scott Kudrna, Reim-56.26; Southeast NE Development District, Se-1987.13; Sunmart, Su-118.74; Time Warner Cable, Ut-Se-248.26; Town & Country Vet Clinic, Se-35.00; Tri-State Office Products, Su-64.58; Xerox Corporation, Su-Se-272.74.
Abbreviations for this legal:  AV-Audio Visual; Bk-Book; Contrib-Contribution; Equip-Equipment; Ex-Expense; Fe-Fee; Ins-Insurance; Inspect-Inspection; Int-Interest; Inv-Economic Development Investment; Lic-Licenses; Maint-Maintenance; Mem-Membership; Pen-Pension; Per-Periodical; Re-Repairs; Ref-Reference Materials; Reg-Registration; Reim-Reimbursement; Se-Service; Su-Supplies, Material & Parts; Sub-Subscription; UA-Uniform Allowance; Ut-Utilities; Wh-Withholding.
The City Council approved the claim submitted by Captain Handy in the amount of $95.00.  Council Member Holtzman abstained from voting on said claim.
The City Council approved the claims which have not been previously approved by motion or resolution and ratified the ordinary and necessary expenses allowed and in accordance with Resolution No. 7-11 that was approved February 28, 2011.
The request by the Auburn Eagles to have the July 4th public fireworks display on the property located at Irvin Park and the Auburn High School contingent upon Auburn School District #29 approval was approved.
Approval was given for attendance at the League of Nebraska Municipalities Mid Winter
Conference to be held in February and the Nebraska Municipal Clerk Academy to be held in March.     
The Council confirmed the appointment of Tom Gulizia to the Board of Public Works; the appointment of Bob Hemmingsen to the Library Board; and the reappointment of Joe Moody and
Fred Obermeyer as members to the Board of Adjustment and Ron Jones as an alternate member on the Board of Adjustment.
Public hearing was held to consider the request by El Portal Auburn Inc. for a Class I – Beer, Wine Distilled Spirits, On Sale Only Liquor License at 1905 J Street, Auburn, Nebraska. There wasn’t any opposition to the request.  Following the public hearing, the request by El Portal Auburn Inc. for a Class I – Beer, Wine Distilled Spirits, On Sale Only Liquor License at 1905 J Street, Auburn, Nebraska was approved.  
Public hearing was held to consider the proposed Six Year Road and Street Plan for the City of Auburn.  Following the public hearing on a vote of five Council Members (Critser, Erickson, Holtzman, Billings, and Bishop) voting in favor and one Council Member (Clark) voting against, the Six Year Road and Street Plan was approved by the passage and adoption of Resolution No. 1-12.
With four Council Members (Holtzman, Bishop, Clark, and Critser) voting in favor and two Council Members (Erickson, and Billings) voting against, approval was given for the expenditure of $5000 of Keno funds for kitchen remodeling at the fire hall.
Discussion was held regarding the plan for a crosswalk across Highway 136 near the Auburn High School/Middle School Campus.  
Discussion was held regarding the request by the State Theater/Auburn Public Schools for Keno funds in an amount up to $63,000 for the purchase of a digital projector.  After three Council Members (Clark, Critser, and Erickson) voted in favor of a motion to table action on said request and three Council Members (Holtzman, Billings, and Bishop) voted against the motion to table, Mayor Kudrna cast his vote in favor and action was tabled.
The passage and adoption of Resolution No. 2-12 approved the transfer of real estate to the City by the Auburn Development Council Inc. so that said real estate may be sold at auction by the City and any remaining deficiency on the related loan with the City after receiving proceeds from said sale may be forgiven and released by the City.  
Approval was given for Dick Stich (Associate Broker and Auctioneer with Bulldog Realty and Property Management) to sell Lots 9-10-11-12, Block 29, Sheridan Addition and Lots 106-107, Crestview Addition at public auction on April 7, 2012 at the 4-H Building in Auburn with the time to be confirmed for around 10:00 a.m.
The sale of six metal picnic tables that are no longer needed in the city parks was approved by the passage and adoption of Resolution No. 3-12.  
CDBG #09-HO-6047 (Citywide Owner-Occupied Housing Rehabilitation Program) Drawdown #22 in the amount of $1,790 and the related claims were approved.
CDBG #10-DTR-105 (Downtown Revitalization) Drawdown #3 in the amount of $2,681 and the related claims were approved.
With five Council Members (Billings, Bishop, Clark, Critser, and Erickson) voting in favor and one Council Member (Holtzman) voting against, the use of Auburn 10-DTR-105 Community Development Block Grant Commercial Rehab funding as suggested by the Revitalization Review Committee was approved by the passage and adoption of Resolution No. 4-12.
The current fee schedule for ordinance violations was presented for review.
A report on the effectiveness and performance of the park camera was given.
Reports were given by the following department heads:  library, fire department, street department, police department and City Treasurer.  
The following committees provided reports:  Street, Safety, and Ordinance.   A written financial report was provided by the Auburn Community Redevelopment Authority.   
There being no further business to come before the Mayor and Council, the City Council adjourned.
Sherry Heskett
City Clerk
J. Scott Kudrna
Mayor
A complete copy of the minutes is available for inspection at City Hall.
Herald - March 8