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Legals 021110

PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Auburn, Nemaha County, Nebraska, will consider citizen’s comments regarding the final report to the legislative body on the Updated Comprehensive Plan, Zoning Regulations, Zoning Map and Subdivision Regulations.
Copies are available for public inspection at City Hall.
That said PUBLIC HEARING will be held by the Planning Commission at the City Hall, 1101 “J” Street, Auburn, Nebraska, on the 23rd day of February, 2010, at the hour of 7:00 o’clock P.M., or as soon thereafter as possible,  at which time parties in interest and citizens shall have an opportunity to be heard at the hearing.
Planning Commission of the City of Auburn
Nemaha County, Nebraska
Herald - Feb. 11




Public Notice
Annual meeting of the Rural Water Dist. #1, Nemaha County Nebraska. Notice is hereby given that the annual meeting of the participating members of Rural Water Dist. #1, Nemaha County Nebraska will be held Monday, February 22, 2010 beginning 7:00 P.M. at the Brownville Town Hall in Brownville, Nebraska. AGENDA: Election of Two (2) directors whose terms expire in 2010, any other business that might come before the board.
Clay Kennedy, Secretary
Rural Water Dist. #1
Nemaha County Nebraska
Herald-Feb. 4, 11




PUBLIC NOTICE
Notice is hereby given that the One and Six Year Road and Street Plan for the County of Nemaha, State of Nebraska, as required by Sec. 39-2119 et seq. R.S.S. (Supp. 1969) has been recommended for approval by the Board of Commissioners of the County of Nemaha, and that a public hearing will be held on said One and Six Year Road and Street Plan on the 24th day of February, 2010 11:00 a.m., Commissioners Chambers, Suite 201, Nemaha County Courthouse, at which time objections to or recommendations for said Plan will be heard.
Copies of said One and Six Year Plan are available for inspection at the Nemaha County Clerk’s Office, located in Suite 201, Courthouse, Auburn NE.
Joyce Oakley
County Clerk
County of Nemaha, Nebraska
Herald - Feb. 4, 11, 18





NOTICE OF TRUSTEE’S SALE
The following described propert will be sold at public auction to the highest bidder at the east door of the County Courthouse in Auburn, Nemaha County, Nebraska on Wednesday, February 24, 2010, at 2:00 p.m.:
Lot Four (4), Block Three (3), Calvert’s First Addition to Auburn, Nemaha County, Nebraska.
TRUSTOR is Renee A. Rowell, Single Person
Auburn State Bank, Trustee
By: Perry, Guthery, Haase & Gessford, P.C., L.L.C.
By: Daniel F. Kaplan
Herald-Jan. 21, 28, Feb. 4, 11, 18





NOTICE OF MASTERS
COMMISSIONER’S SALE
By virtue of a n order of sale issued by the District Court of Nemaha County, Nebraska, and pursuant to a decree of said Court in an action therein indexed at Case No. CI 09-69, wherein Deutsche Bank National Trust Company, as Trustee for the Registered Holders of CBA Commercial Assets, Small Balance Commercial Mortgage Pass-Through Certificates, Series 2006-2, is the plaintiff, and Adam Marriott and Maggie Marriott, are the defendants, I will sell at public auction to the highest bidder, for cash, the following property at 10:00 a.m., on the 25th day of February, 2010, inside the east door of the Nemaha County Courthouse, 1824 “N” Street, in the City of Auburn, Nemaha County, Nebraska, to-wit:
LOTS THREE (3) AND FOUR (4), IN BLOCK TWO (2), IN HOWE, NIXON & WILSON’S ADDITION TO THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA, to satisfy the liens and encumbrances therein set forth; and to satisfy the accruing court costs, all as provided by said order and decree. 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. dated this 12th day of January, 2010.
Angelo M. Ligouri
Master Commissioner
Herald-Jan. 21, 28 Feb. 4, 11


NOTICE OF INCORPORATION OF LOTTER CONSTRUCTION, INC.
1. The name of the Corporation is Lotter Construction, Inc.
2. The aggregate number of shares which the Corporation shall have the authority to issue is ten thousand (10,000) shares of common stock.
3. The street address of the initial Registered Office of the Corporation is: 1901 N Street, Auburn, Nebraska, and the initial Registered Agent is Kelly J. Werts.
4. The name and address of the incorporators are:
Wayne E. Lotter, 18832 240th Street, Rock Port, Missouri 64482
Linda K. Lotter, 18832 240th Street, Rock Port, Missouri 64482
The Corporation shall engage in any lawful business for which a corporation may be formed under the Nebraska Business Corporation Act. The period of duration of the Corporation shall be effective January 4, 2010, and shall be perpetual. Affairs are to be conducted by the Board of Directors and officers authorized by the Bylaws and the Board.
LOTTER CONSTRUCTION, INC.
Wayne E. Lotter, Linda K. Lotter, Incorporators
Kelly J. Werts
FANKHAUSER, NELSEN & WERTS, P.C.
Attorneys at Law
1901 N Street
Auburn, Nebraska
Herald-Jan. 28, Feb. 4, 11




NOTICE OF INCORPORATION OF OESTMANN FARMS INC.
NOTICE IS HEREBY GIVEN the undersigned has formed a Corporation under the laws of the State of Nebraska as follows:
The name of the Corporation is Oestmann Farms Inc. The address of the initial registered office is 500 Brookridge Terrace, Auburn, Nebraska 68305, and the initial agent at that address is James L. Oestmann II.
The general nature of the business to be transacted is to acquire farm properties and other real estate, to improve and develop the same, to engage in the business of farming and everything incidental or conducive to the full accomplishment of the foregoing objectives, and to do all other lawful business.
The authorized capital stock of the Corporation is Ten Thousand (10,000) Shares of common stock with par value of One Dollar ($1.00) each, which may be issued for a any medium permissible under the laws of the State of Nebraska, and as determined from time to time by the Board of Directors.
JAMES L. OESTMANN II, Incorporator
500 Brookridge Terrace
Auburn, Nebraska 68305
Neal E. Parsons
Attorney at Law
217 East 18th Street
Falls City, Nebraska 68355
Herald-Jan. 28, Feb. 4, 11



STATE OF NEBRASKA
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PETITION,
EOT-1861, FOR EXTENSION OF TIME TO BEGIN
CONSTRUCTION FOR
SURFACE WATER
APPROPRIATION A-18658
WATER DIVISION 1-F
Notice is hereby given that on January 22, 2010, Scott D. Nelson, Assistant Manager, Nemaha Natural Resources District, on behalf of Nemaha County, appropriator, filed a petition in the Department of Natural Resources for an extension of time to begin construction for surface water appropriation A-18658 under  the provisions of Section 46-238 (2) et. seq. RSS, requesting extension of time to begin construction to July 28, 2010.
The beginning of construction is specified under surface water appropriation A-18658, which is a permit to impound 108.16 acre-feet of water from a tributary to Mud Creek, to be stored in Ray Caspers Road Reservoir to be located in the NE1/4NW1/4 of Section 14, Township 4 North, Range 13 East of the 6th P.M. in Nemaha County.
Any person with sufficient legal interest who has been or may be substantially affected by this request and who wants to object to the granting of this request or wants to request a hearing shall file a formal objection/request with the Department of Natural Resources. PO Box 94676, Lincoln, Nebraska 68509-4676 by March 15, 2010. Each objection shall state the following: (1) your name, address, and contact information, and the same information for your attorney, if one has been retained; (2) identification number (EOT-1861) to which you are objecting; (3) a description of your legal or equitable interest in the subject matter; and (4) a specifically stated basis for your objection. The objection shall be accompanied by a $10 filing fee.
DEPARTMENT OF NATURAL RESOURCES
Mike Thompson, Division Manager
Permits and Registrations
January 25, 2010
Herald-Jan. 28 Feb. 4, 11
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Auburn will hold a public hearing on the Board of Public Works Reconciliation Statements for Electric and Water Departments prior to adoption.  Under Neb Rev Stat 18-2807 a public hearing is required when the difference between the adopted proprietary budget for the previous fiscal year and the actual expenditures and revenues for such fiscal year is greater than 10 percent.  Said public hearing will be held on February 22, 2010 at 5:15 pm at the City Council Chambers, 1101 J Street.  The Board of Public Works Reconciliation Statement is available for public review at City Hall during normal business hours.
Herald - Feb. 11




NOTICE OF MEETING
The regular meeting of the Nemaha County Hospital Board of Directors will be held Tuesday, February 16, 2010, 6:00 p.m. in the Conference Room at the Nemaha County Hospital, Auburn, NE. An agenda for the meeting is available at the Administrator’s  office and in lobby of the Hospital.
Marty Fattig, CEO
Herald-Feb. 11




MINUTES OF THE ESU #4 BOARD HELD
FEBRUARY 8, 2010
The Board of Educational Service Unit 4 held its regular meeting on Monday, February 8, 2010, at 5:15 p.m. at the Educational Service Unit in Auburn, Nebraska. The following claims were paid for the month of February:
General Fund    $35,108.51
Payroll    $334,003.03
NCECBVI    $26,563.97
Federal Programs    $4,578.18
The Board of Educational Service Unit 4 will meet in regular session on Monday, March 8, 2010, 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 24, 2010, 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.
www.esu4.org
Herald - Feb. 11




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of LARRY D. HOLTHUS, Deceased
Estate No. PR10-3
Notice is hereby given that on February 2, 2010, in the County Court of Nemaha County, Nebraska, Kenneth L. Holthus, whose address is P.O. Box 54, Elk Creek, NE 68348 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 12, 2010, 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-Feb. 11, 18, 25
PUBLIC NOTICE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Lincoln, Nebraska
Pursuant to NDEQ’s Title 118-Ground Water Quality Standards and Use Classification, public notification and opportunity for comment is hereby given of the following:
1. On or about September 6, 2002, a petroleum release was identified originating from a storage tank system owned by Rite Way Oil & Gas Company. The source of the release is located at 802 J Street, Auburn. An approximate legal locations SE 1/4, NE 1/4, SE 1/4, Section 16, Township 5, Range 14E, Nemaha County.
2. Follow-up investigation identified the effects of the release and led to the remedial actions proposed by NDEQ. The investigation resulted in a determination that this ground water contamination event is defined as remedial action class one.
3. A Risk-Based Corrective Action (RBCA) Tier 2 assessment was conducted for one or more of the following subsurface exposure pathways of concern: ground water ingestion, soil leaching to ground water, intrusion of vapors from contaminated ground water, and intrusion of vapors from contaminated subsurface soils. Some of the contaminant concentrations found are above the Site-Specific Target Levels (SSTLs) determined under the RBCA process and therefore require remediation to the SSTL’s. The specific numerical values will be provide by NDEQ upon request. When the site has been remediated to the SSTLs established for the chemicals of concern, and confirmed by a period of post-remedial monitoring, the site file will be closed.
Information regarding this release is contained in NDEQ file UG #020603-NM-1000, IIS #51583.
Any person may receive further information or submit comments on the proposed action, and request or petition NDEQ for a hearing, in writing, stating the nature of the issues to be raised in the hearing, on or before March 10, 2010. A final decision by the Director will be made in a manner provided by Title 115, NAC Ch. 5. Direct written correspondence to: Director, NDEQ, P.O. Box 98922, Lincoln, NE 68509-8922. You may also call David Chambers at 402-471-2186 with comments or if alternate formats of materials are needed. TDD users call 711 and ask the relay operator to call 402-471-2186.
Herald-Feb. 11




PUBLIC NOTICE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Lincoln, Nebraska
Pursuant to NDEQ’s Title 118-Ground Water Quality Standards and Use Classification, public notification and opportunity for comment is hereby given of the following:
1. On or about April 19, 1994, a petroleum release was identified originating form a storage tank system owned by Rite Way Oil & Gas Company. The source of the release is located at 802 J Street, Auburn. An approximate legal location is SE 1/4, NE 1/4, SE 1/4, Section 16, Township 5, Range 14E, Nemaha County.
2. Follow-up investigation identified the effects of the release and led to the remedial actions proposed by NDEQ. The investigation resulted in a determination that this ground water contamination event is defined as remedial action class one.
3. A Risk-Based Corrective Action (RBCA) Tier 2 assessment was conducted for one or more of the following subsurface exposure pathways of concern: ground water ingestion, soil leaching to ground water, intrusion of vapors from contaminated ground water, and intrusion of vapors from contaminated subsurface soils. Some of the contaminant concentrations found are above the Site-Specific Target Levels (SSTLs) determined under the RBCA process and therefore require remediation to the (SSTLs) determined under the RBCA process and therefore require remediation to the SSTLs. The specific numerical values will be provided by NDEQ upon request. When the site has been remediated to the SSTLs established for the chemicals of concern, and confirmed by a period of post-remedial monitoring, the site file will be closed.
Information regarding this release is contained in NDEQ file UG #042094-KM-1606, IIS #51583.
Any person may receive further information or submit comments on the proposed action, and request or petition NDEQ for a hearing, in writing, stating the nature of the issues to be raised in the hearing, on or before March 17, 2010. A final decision by the Director will be made in a manner provided by Title 115, NAC Ch. 5. Direct written correspondence to: Director, NDEQ, P.O. Box 98922, Lincoln, NE 68509-8922. You may also call David Chambers at 402-471-2186 with comments or if alternate formats of materials are needed. TDD users call 711 and ask the relay operator to call 402-471-2186.
Herald-Feb. 11