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Legals 11-11-10

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 preliminary report 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 November, 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 - Nov. 11




PUBLIC MEETING NOTICE
The Southeast District Board of Health will hold its regular meeting on Wednesday, November 17, 2010 at 7:00 PM in the Conference Room at the offices of Southeast District Health Department, 2511 Schneider Ave, Auburn, Ne.  The meeting is open to the public.  An agenda may be viewed at the county clerk’s office or a current agenda is available in the Director’s office at the Southeast District Health Department, 2511 Schneider Ave, Auburn, Ne during regular business hours.
Herald - Nov. 11




NOTICE OF VACANCY
CITY OF PERU, NEBRASKA
NOTICE IS HEREBY GIVEN OF A VACANCY ON THE CITY COUNCIL OF THE CITY OF PERU, NEBRASKA.  APPLICANTS FOR THIS POSITION SHOULD RESIDE IN THE WEST WARD AND SHALL BE A REGISTERED VOTER.  THE WEST WARD IS DEFINED AS THE AREA WEST OF 5TH STREET FROM THE NORTH CORPORATE LIMIT LINE SOUTH TO WASHINGTON STREET, EXTENDING THENCE WEST ALONG WASHINGTON STREET TO THE WEST CORPORATE LIMIT LINE.
INTERESTED APPLICANTS ARE ENCOURAGED TO SUBMIT THEIR LETTER OF APPLICATION TO THE OFFICE OF THE CITY CLERK BY 12/8/10.  THIS POSITION WILL BE FILLED AT THE DECEMBER 13, 2010 MEETING OF THE PERU CITY COUNCIL.    TERM FOR SAID VACANCY IS UNTIL DECEMBER 2012.  FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OFFICE AT 872-6685.
Cindy L. Moran, City Clerk
City of Peru, Nebraska
Herald - Nov. 11




NOTICE OF MEETING
The Nemaha County Visitors committee will meet Monday, November 15, 2010 at 1:30 p.m., Suite 105, Lower Level Courthouse, Auburn. Agenda items will include review of pre-approved funding requests and other business as may come before the committee. The public is welcome to attend.
Mary Lauber
Secretary
Herald - November 11




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




NOTICE OF TRUSTEE’S SALE
Re:7899.0333
TO WHOM IT MAY CONCERN:
You are hereby notified that the following-described property will be sold by Camille R. Hawk, Attorney at Law, Successor Trustee, at public auction to the highest bidder at the East front door of the Nemaha County Courthouse, in the City of Auburn, Nemaha County, Nebraska on December 2, 2010 at 10:00 a.m.
Lot 1, Block 5, except the South 25 feet thereof, all in Calvert First Addition to Auburn, Nemaha County, Nebraska
commonly known as 2002 M St., Auburn, NE.
The highest bidder will deposit with the Trustee, at the time of the sale, a personal or cashier’s check in the amount of $5,000.00, with the full purchase price, in certified funds, to be received by the Trustee by 5:00 p.m. on the day of the sale, except this requirement is waived when the highest bidder is the beneficiary. (If the sale is held after 1:00 P.M., the deposit requirement remains the same, and the full purchase price, in certified funds, shall be received by the Trustee by 5:00 p.m. the following business day.) The purchaser shall be responsible for all prior liens, all applicable fees, and all taxes, including the documentary stamp tax. This property is sold “as is” and this sale is made without any warranties as to title or condition of the property.

Camille R. Hawk
Attorney at Law, Successor Trustee
Walentine, O’Toole, McQuillan & Gordon
11240 Davenport Street
P.O. Box 540125
Omaha, NE 68154
(402) 330-6300
Herald -Oct. 21, 28 & Nov. 4, 11, 18




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 $73,700.00 executed by Sara A. Koziol and Jay J. Koziol, wife and husband, which was filed for record on May 31, 2002 in Book 151 at Page 187 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 2:00 p.m. on December 1, 2010:
West half of Lots 7 and 8, in Block 8, in Courthouse Addition to Auburn, 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 -Oct. 21, 28 & Nov. 4, 11, 18
NOTICE OF TRUSTEE’S SALE
The following described property will be sold at public auction to the highest bidder at the East front doors of Nemaha County Courthouse on the 22nd day of November, 2010 at 10:00 o’clock A.M.:
Lots Five (5) and Six (6), Block One Hundred Sixty-Seven (167) in Neal’s Addition, Peru, Nemaha County, Nebraska,
more commonly known as: 916 5th St., Peru, NE  68421.
The property is being sold “as is” and subject to any unpaid real estate taxes, assessments and any lien or interest superior in right which may affect the subject property. The highest bidder will deposit $500.00 in cash or certified funds with the Trustee at the time of the sale, which shall be non-refundable, and the remaining amount due must be paid in cash or certified funds to the Trustee by 4:00 p.m. on the day of the sale; except this requirement is waived when the highest bidder is the current Beneficiary.  The successful bidder shall be responsible for applicable transfer fees or taxes including the documentary stamp tax.
DATED 11th day of October, 2010.
STEFFI A. SWANSON,
Substitute Trustee (12247)
Herald - Oct. 14, 21, 28, Nov. 4, 11




PUBLIC NOTICE
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 November 22,2010 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: Grady McDonald, Team Member RECONTRUST COMPANY, N.A., Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Phone:(800)281-8219 Fax: (805) 553-6392 ASAP# 3763315 10/14/2010, 10/21/2010, 10/28/2010, 11/04/2010, 11/11/2010
Herald - Oct. 14, 21, 28, Nov. 4, 11




LEGAL NOTICE
IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA
CASE NO CI10-31
ZACHARIAS FARMS, INC. A NEBRASKA CORPORATION, Plaintiff,
vs.
JOAN MARIE GRIFFITH and all other persons now having or claiming an interest in the following described real estate: 1/3 interest in the West 1/2 (W 1/2) of the Southeast Quarter (SE 1/4) and the East 1/2 (E 1/2) of the Southwest Quarter (SW 1/4) Section Twenty (20) Township Four (4) Range Fourteen (14) and the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) and the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) Section Twenty Nine (29) Township Four (4) Range Fourteen (14), Nemaha County, Nebraska, real names unknown, Defendants.
To: Joan Marie Griffith and all other persons now having or claiming an interest in the following described real estate: 1/3 interest in the West 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 Section Twenty, Township Four, Range Fourteen, and the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 Section Twenty Nine, Township Four, Range Fourteen, Nemaha County, Nebraska, real names unknown.
You are hereby notified that on April 1st, 2010, Zacharias Farms, Inc., A Nebraska Corporation as plaintiff filed its Petition in the district court of Nemaha, County, Nebraska, against you, the object and prayer of which is to quiet title to the above described real estate and for such other and further relief as may be deemed equitable. You are required to answer said petition on or before December 28th, 2010.
ZACHARIAS FARMS, INC.,
A NERBASKA CORPORATION.
By: Thomas E. Ferneau #11274
Attorney For Plaintiff
916 Central Avenue
Auburn, NE 68305
(402) 274-5009
Herald -Oct. 28, Nov. 4, 11, 18 & 25




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
ESTATE OF GARNET LEUDENE ALLGOOD, Deceased, a/k/a LEUDENE G. ALLGOOD, Deceased
ESTATE NO. PR06-48
Notice is hereby given that a final account and report of administration and a Petition for complete settlement, probate of Will, determination of inheritance tax and for judgment for surcharge of heirs, have been filed and are set for hearing in the County Court of Nemaha County, Nebraska, on the 16th day of November, 2010 at 11:00 a.m.
TYLER EUGENE ALLGOOD
Personal  Representative Petitioner
Craig D. Wittstruck - 15585
ANDERSON, CREAGER & WITTSTRUCK, P.C.
1630 K Street
Lincoln, NE 68508
(402) 477-8800
Herald - Oct. 28, Nov. 4 & 11




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Lillian Schottenhamel, Deceased
Estate No. PR10-33
Notice is hereby given that a Petition for Formal Adjudication of Intestacy and Determination of Heirs of the Deceased has been filed and has been set for hearing in the County Court of Nemaha County, Nebraska at 1:00 P.M. on November 30, 2010.
Nancy Hall
Clerk of the Nemaha County Court
Patrick D. Timmer, #21341
Sara L. Gude, #24016
Woods & Aitken, LLP
301 South 13th Street, Suite 500
Lincoln, NE 68508
(402)437-8500
Herald - November 4, 11, 18

 

 

 

MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON
OCTOBER 12, 2010 AT 7:00 P.M.
Present were: Mayor Lesley Ryan and Council Members:   Darrin Reeves, Joe Whisler, Judie Douglas and Jay Moran.  
Mayor Ryan called the meeting to order and informed the public of the location of the posting of the Nebraska Open Meetings Act.
The Council reviewed the minutes from the September 13, 2010 Budget Hearing.  Council Member Whisler made motion to accept the minutes as written.  Council Member Reeves seconded the motion for acceptance.  Vote indicated:  “AYE” All.  Motion: Carried.
The Council reviewed the minutes from the September 13, 2010 Budget Hearing to set the levy at a different amount than the previous year.  Council Member Reeves made motion to accept the minutes as written.  Council Member Whisler seconded the motion for acceptance.  Vote indicated:  “AYE” All.  Motion: Carried.
The Council reviewed the minutes from the September 13, 2010 regular Council Meeting.  Council Member Reeves made motion to accept the minutes as written.  Council Member Whisler seconded the motion for acceptance.  Vote indicated: “AYE” All.   Motion: Carried.
The Council reviewed the minutes from the September 27, 2010 Special Council Meeting to amend the 2009-10 budget due to bond refinancing.  Council Member Whisler made motion to accept the minutes as written.  Council Member Moran seconded the motion for acceptance.  Vote indicated:  “AYE” Reeves, Whisler, Moran.  “ABSTAINED” Douglas.  Motion:  Carried.
The Clerk reported the July 2010 sales tax deposit was $2,562.20. Correspondence was received from the Nebraska Department of Roads.  Steve Mercure submitted correspondence and a check for $2,965.00 received from PeopleService relating to a claim made to them for concurrent water leaks.  A copy of correspondence was received from JEO that was sent to Auburn Board of Public Works and Peru State College relating to our current water study.  
The monthly claims were reviewed.   Council Member Reeves made motion to accept the claims as presented, with the exception of the claim for Patterson Construction.  Motion was seconded by Council Member Whisler.  Vote indicated: “AYE” All.  Motion: Carried.  September claims paid are as follows:
OPPD-$2,229.87(gen,sts,p&r,fr); Windstream-$225.35(gen,fr); Black Hills Energy-$61.31(gen,fr); AT&T-$59.71(gen); The Cleaners-$24.00(gen); Casey’s-$579.17(sts, res); American Recycling-$2,085.00(gen,sts); Peggy Kuser, CPA-$690.00(gen); PeopleService-$7,541.00(wtr); Utility Service Co.-$8,702.80(wtr); JEO-$2,600.00(wtr); Auburn Newspapers-$310.62(gen,sts); Oce’ Imagistics-$21.60(gen); Pitney Bowes-$248.99(gen); Orschelns-$192.10(sts); Bulldog Auto Parts-$152.36(sts); Southeast Design Co.-$200.50(gen); Gatehouse Media-$405.00(gen,sts); Van Diest Supply-$988.50(sts); Miller-Monroe-Farrell-$884.00(gen,sts,fr,rur fr,p&r); SENDD-$1,575.00(gen); Decker’s Food Ctr-$7.47(gen); Auburn BPW-$138.31(wtr);  AFLAC-$113.02(gen); United Life Ins.-$95.93(gen); Linweld-$129.65(res); Cardiac Science-$166.80(res); Family Value Pharmacy-$101.64(res); Feld Fire-$3,544.20(fr, rur fr); Dearborn Nat’l-$185.76(fr, rur fr); Larson Motors-$39.18(res)
Abbreviations = General(gen), Streets(sts), Water(wtr), Sewer(swr), Parks & Rec(p&r), City Fire(fr), Rural Fire(rur fr), Rescue(res)
The September water report is available at City Hall for public inspection.
Mayor Ryan presented her Mayor’s report for September 2010.  The maintenance workers have been busy with  trash pick-up, mowing/trimming, maintaining white goods site, meter reads, line locates,  mosquito spraying, water turn-ons, winter preparations, compost site maintenance, equipment maintenance, pothole repairs, street maintenance and street sign replacements due to theft.  
Brent Lottman was present to ask permission to sell the pumper truck which was purchased a couple of years ago that is no longer needed since the main fire truck has been repaired.  Council Member Whisler made motion to allow the sale of the fire truck by advertising for bids at a time to be determined by Mr. Lottman.  Motion was seconded by Council Member Reeves.  Vote indicated:  “AYE” All.  Motion: Carried.
Regarding the purchase of a dump truck for the City of Peru, Council Member Whisler stated he had talked to Council Member Moran and they agreed on the need for a 1 ton, 4WD, automatic with dual rear wheels.  Mayor Ryan asked Council Member Whisler if he could come up with some options and present them at the next meeting.  He said he could do that or he could present information to the Clerk and she could conduct a phone poll.  Whisler also stated he would like to find a dump truck that is already set-up with a plow.
Regarding 5th Street repair bids, Council Member Whisler commented we should go with low bid on this project.  Council Member Reeves made motion to accept the Moran Bros. Bid for 5th Street Repairs.  Council Member Whisler seconded said motion.  Vote indicated:  “AYE” Reeves, Whisler, Douglas. “ABSTAINED”  Moran.  Motion:  Carried.
One asbestos abatement bid was received from Contracting Specialties, Inc. for $3,659.00.  Council Member Moran made motion to accept the bid from Contracting Specialties, Inc. for pre-demolition abatement at 608 & 621 Kansas Streets.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” All.  Motion: Carried.
Council Member Moran brought forth discussion regarding a deteriorated storm sewer located east of 5th & Nebraska.  
Regarding the maintenance workers/safety issue, Council Member Moran said he has seen Rex Beatty on many occasions wearing running shoes during working hours and asked if there is a policy already in place that requires maintenance workers to wear work boots.  Council Member Reeves said we need to add something to the personnel policy that states that work boots and long pants are required and have the maintenance workers sign off on it.
Kim Watlington and Will Fogle were present to discuss a claim they forwarded to the Council on September 28, 2010 regarding a damaged sewer line on their property which they believe is the direct result of work done during the replacement of the bridge at 4th and California St.  The Clerk explained that the correspondence received from Steve Mercure states the Clerk is to turn this claim over to our insurance carrier for their review.
Mayor Ryan explained that Resolution 2010-06 is simply a follow-up to our budget hearing.  The Clerk explained that during our budget hearing we voted to set the levy at a different amount than the previous year and this resolution is a formal document stating so and is required by the County Clerk’s office.   Council Member Reeves made motion to adopt Resolution 2010-06; A resolution stating the 2010-2011 levy be set at a different amount than the previous year.  Motion was seconded by Council Member Moran.  Vote indicated:  “AYE” All.  Motion: Carried.
ADJOURN
Lesley R. Ryan, Mayor
Attest:
Cindy L. Moran, City Clerk
(seal)
A complete copy of the minutes is available for public inspection at Peru City Office.
Herald - Nov. 11




minutes of thE ESU #4
BOARD MEETING
NOVEMBER 8, 2010
The Board of Educational Service Unit 4 held its regular meeting on Monday, November 8, 2010, at 5:15 p.m. at the Educational Service Unit in Auburn, Nebraska. The following claims were paid for the month of November:
General Fund    $49,693.14
Payroll    $340,796.50
NCECBVI    $26,103.10
Federal Programs    $16,543.50
The Board of Educational Service Unit 4 will meet in regular session on Monday, December 13, 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, December 1, 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 - Nov. 11