August 08. 2012 11:15AM
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of a South Dakota life insurance trust ("Debtor") ("Assets"):
(a) the life insurance policy with a death benefit of Two Million Dollars ($2,000,000) to Debtor insuring solely the life of an approximately 76 year old man (the "Insured") (the "Life Policy");
(b) all instruments, Insured's guaranty, certificates or other securities or investment property held by Debtor from time to time;
(c) any related documents and security related to the Life Policy;
(d) all amounts payable under the Life Policy, including, without limitation, the death benefits and surrender values;
(e) the sole right to collect and receive all distributions or shares of surplus, dividend deposits or additions to the Life Policy now or hereafter made or apportioned; and
(f) all proceeds, accessions, substitutions or replacements of any of the foregoing described collateral.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 30, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $220,744.00 as of the date of such filing.
The sale will be conducted at 1:00 pm (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard Street & Deinard, P.A.
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389635-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of an individual resident of the State of Florida ("Debtor") ("Assets"):
(a) all of the Debtor's entire beneficiary interest in a certain South Dakota life insurance trust ("Trust"), all instruments, certificates or other securities or investment property evidencing such beneficial interest and all proceeds thereof;
(b) all of Debtor's interest, if any, in and to the life insurance policy with a death benefit of Two Million Dollars ($2,000,000) to Debtor insuring solely the life of an approximately 76 year old man (the "Life Policy") and any related documents and security; and
(c) the death benefit payable under the Life Policy and all proceeds thereof.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 30, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $220,744.00 as of the date of such filing.
The sale will be conducted at 1:30 pm (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard Street & Deinard, P.A.
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389634-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of a South Dakota life insurance trust ("Debtor") ("Assets"):
(a) the life insurance policy with a death benefit of Three Million Five Hundred Thousand Dollars ($3,500,000) to Debtor insuring solely the life of an approximately 75 year old man (the "Insured") (the "Life Policy");
(b) all instruments, Insured's guaranty, certificates or other securities or investment property held by Debtor from time to time;
(c) any related documents and security related to the Life Policy;
(d) all amounts payable under the Life Policy, including, without limitation, the death benefits and surrender values;
(e) the sole right to collect and receive all distributions or shares of surplus, dividend deposits or additions to the Life Policy now or hereafter made or apportioned; and
(f) all proceeds, accessions, substitutions or replacements of any of the foregoing described collateral.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated July 25, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $463,739.00 as of the date of such filing.
The sale will be conducted at 11:00 am (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389633-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of an individual resident of the State of Michigan ("Debtor") ("Assets"):
(a) all of the Debtor's entire beneficiary interest in a certain South Dakota life insurance trust ("Trust"), all instruments, certificates or other securities or investment property evidencing such beneficial interest and all proceeds thereof;
(b) all of Debtor's interest, if any, in and to the life insurance policy with a death benefit of Three Million Five Hundred Thousand Dollars ($3,500,000) to Debtor insuring solely the life of an approximately 75 year old man (the "Life Policy") and any related documents and security; and
(c) the death benefit payable under the Life Policy and all proceeds thereof.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated July 25, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $463,739.00 as of the date of such filing.
The sale will be conducted at 11:30 am (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389632-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of a South Dakota life insurance trust ("Debtor") ("Assets"):
(a) the life insurance policy with a death benefit of Three Million Dollars ($3,000,000) to Debtor insuring solely the life of an approximately 82 year old man (the "Insured") (the "Life Policy");
(b) all instruments, Insured's guaranty, certificates or other securities or investment property held by Debtor from time to time;
(c) any related documents and security related to the Life Policy;
(d) all amounts payable under the Life Policy, including, without limitation, the death benefits and surrender values;
(e) the sole right to collect and receive all distributions or shares of surplus, dividend deposits or additions to the Life Policy now or hereafter made or apportioned; and
(f) all proceeds, accessions, substitutions or replacements of any of the foregoing described collateral.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 18, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $462,274.00 as of the date of such filing.
The sale will be conducted at 10:00 am (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389631-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of an individual resident of the State of Arizona ("Debtor") ("Assets"):
(a) all of the Debtor's entire beneficiary interest in a certain South Dakota life insurance trust ("Trust"), all instruments, certificates or other securities or investment property evidencing such beneficial interest and all proceeds thereof;
(b) all of Debtor's interest, if any, in and to the life insurance policy with a death benefit of Three Million Dollars ($3,000,000) to the Trust insuring solely the life of an approximately 82 year old man (the "Life Policy") and any related documents and security; and
(c) the death benefit payable under the Life Policy and all proceeds thereof.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 18, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $462,274.00 as of the date of such filing.
The sale will be conducted at 10:30 am (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389630-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of an individual resident of the State of Arizona ("Debtor") ("Assets"):
(a) all of the Debtor's entire beneficiary interest in a certain South Dakota life insurance trust ("Trust"), all instruments, certificates or other securities or investment property evidencing such beneficial interest and all proceeds thereof;
(b) all of Debtor's interest, if any, in and to the life insurance policy with a death benefit of Two Million Five Hundred Thousand Dollars ($2,500,000) to Debtor insuring solely the life of an approximately 80 year old woman (the "Life Policy"); and
(c) the death benefit payable under the Life Policy and all proceeds thereof.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 24, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $275,205.00 as of the date of such filing.
The sale will be conducted at 3:30 p.m. (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389629-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of a South Dakota life insurance trust ("Debtor") ("Assets"):
(a) the life insurance policy with a death benefit of Two Million Five Hundred Thousand Dollars ($2,500,000) to Debtor insuring solely the life of an approximately 80 year old woman (the "Insured") (the "Life Policy");
(b) all instruments, Insured's guaranty, certificates or other securities or investment property held by Debtor from time to time;
(c) any related documents and security related to the Life Policy;
(d) all amounts payable under the Life Policy, including, without limitation, the death benefits and surrender values;
(e) the sole right to collect and receive all distributions or shares of surplus, dividend deposits or additions to the Life Policy now or hereafter made or apportioned; and
(f) all proceeds, accessions, substitutions or replacements of any of the foregoing described collateral.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 24, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $275,205.00 as of the date of such filing.
The sale will be conducted at 3:00 p.m. (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389628-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of a South Dakota life insurance trust ("Debtor") ("Assets"):
(a) the life insurance policy with a death benefit of Two Million Dollars ($2,000,000) to Debtor insuring solely the life of an approximately 74 year old woman (the "Insured") (the "Life Policy");
(b) all instruments, Insured's guaranty, certificates or other securities or investment property held by Debtor from time to time;
(c) any related documents and security related to the Life Policy;
(d) all amounts payable under the Life Policy, including, without limitation, the death benefits and surrender values;
(e) the sole right to collect and receive all distributions or shares of surplus, dividend deposits or additions to the Life Policy now or hereafter made or apportioned; and
(f) all proceeds, accessions, substitutions or replacements of any of the foregoing described collateral.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 9, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $166,665.00 as of the date of such filing.
The sale will be conducted at 2:00 pm (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389627-03 Aug. 8, 2012
NOTICE OF PUBLIC SALE
PLEASE TAKE NOTICE that Tiger Capital, LLC, as successor to the rights of United National Funding, LLC ("Secured Party"), will sell at public sale the following property of an individual resident of the State of Florida ("Debtor") ("Assets"):
(a) all of the Debtor's entire beneficiary interest in a certain South Dakota life insurance trust ("Trust"), all instruments, certificates or other securities or investment property evidencing such beneficial interest and all proceeds thereof;
(b) all of Debtor's interest, if any, in and to the life insurance policy with a death benefit of Two Million Dollars ($2,000,000) to the Trust insuring solely the life of an approximately 74 year old woman (the "Life Policy") and any related documents and security; and
(c) the death benefit payable under the Life Policy and all proceeds thereof.
Secured Party claims a lien on the Assets pursuant to that certain Loan Agreement dated October 9, 2007, by and between Debtor and Secured Party (the "Loan Agreement," together with all other documents, instruments and agreements executed in connection therewith, the "Loan Documents"), whereby Secured Party made a premium finance loan (the "Loan") to Debtor secured by, among other things, the Assets. Debtor's failure to pay the full amount of the Loan on the Maturity Date (as defined in the Loan Documents) constituted an Event of Default (as defined in the Loan Documents) under the Loan Documents.
The Assets are located with the trustee of the Debtor, whose address is 6785 Telegraph Road, Suite 200, Bloomfield, MI 48301. A sworn statement of Secured Party's lien has been filed with the Office of the Register of Deeds for Minnehaha County, South Dakota. Pursuant to the Loan Documents, the Assets secure obligations of the Debtor to the Secured Party in excess of $166,665.00 as of the date of such filing.
The sale will be conducted at 2:30 pm (central) on August 16, 2012, at the offices of Murphy, Goldammer & Prendergast, attorneys for the Secured Party, 101 North Phillips Avenue, Suite 402, Sioux Falls, South Dakota 57104.
The Assets will be sold on an "AS-IS, WHERE-IS" basis and Secured Party hereby gives notice that the terms of such sale shall include a disclaimer of all warranties of any kind, including any warranty of title, infringement, possession, quiet enjoyment or the like. THERE IS NO WARRANTY RELATING TO TITLE, INFRINGEMENT, POSSESSION, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION.
Bids may be made by mail received at the following address at or prior to the time of the sale, provided that a telephone number is provided with the bid at which bidder can be contacted at the time of the sale. Payment is due by wire transfer of immediately available funds at the time of the sale.
Leonard, Street and Deinard
Attention: Thomas P. Sanders
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
Secured Party specifically reserves the right to credit bid at this sale.
Additional information relating to the Public Sale and the Assets, including the bid procedure guidelines, may be obtained by contacting Mr. Thomas P. Sanders by e-mail at tom.sanders@leonard.com or at the above address.
1389626-02 Aug. 8, 2012
NOTICE OF HEARING TO
CONSIDER ADOPTION A
SPECIAL ASSESSMENT ROLL AND LEVYING ASSESSMENT FOR THE COST OF
CONSTRUCTION FOR
IMPROVEMENTS ON 15TH STREET FROM OLD HWY 77 TO CLARK AVENUE AND A
PORTION OF POWDERHORN ROAD WITH NEW CURB AND GUTTER, TOPSOIL AND
TERRACE GRADING,
CONCRETE FILLETS FOR
ENTRANCE, DRIVEWAY
APPROACHES, SIDEWALKS, SANITARY SEWER MAIN AND SERVICES, WATER MAIN AND SERVICES, SEED FERTILIZER AND MULCH, ALL WITHIN THE CITY OF DELL RAPIDS,
SOUTH DAKOTA.
NOTICE IS HEREBY GIVEN that the Governing Body of the City of Dell Rapids will consider the adoption of a Special Assessment Roll, filed in the office of the Municipal Finance Officer on Friday, July 6, 2012, for improvements on 15th Street from Old Highway 77 to Clark Avenue and a portion of Powderhorn Road shall include the labor and materials for the concrete Curb & Gutter, Topsoil and Terrace Grading, Concrete Fillets for Entrance, Driveway Approaches, 4" and 6" Sidewalks, Sanitary Sewer Main and Services, Water Main and Services (Unclassified Excavation, Base, fillets, valley gutter, and Asphalt), Aggregate Gravel Base Course (sidewalks and approaches), Seed Fertilizer and Mulch, all within the City of Dell Rapids, South Dakota. The above assessment roll is open for public inspection at the office of the Municipal Finance Officer for further details.
Said hearing will be conducted at a regular meeting of the City Council of Dell Rapids on Monday, August 20, 2012, at 7:30 p.m. in the Council Chambers at City Hall, 302 East 4th Street, Dell Rapids, SD 57022. At said hearing all interested persons may address the Council, and said Special Assessment Roll shall be approved, equalized, amended or rejected, as provided by applicable law.
Dated this 2nd day of August, 2012.
LeAnn Kerzman
Finance Officer
Published once at the total approximate cost of $32.51.
1389731 Aug. 8, 2012
NOTICE OF ADOPTION
2011 REVISED DELL RAPIDS ZONING REGULATIONS
Notice is hereby given that Ordinance No. 750, being the 2011 Revised Zoning Regulations of the City of Dell Rapids, South Dakota, was duly adopted by the City Council of the City of Dell Rapids on the 7th day of November, 2011, and that such Ordinance shall be in full force and effect on and after the 5th day of September, 2012, unless the referendum shall have been invoked. A copy of the 2011 Revised Dell Rapids Zoning Regulations is available for public review during regular business hours at the Dell Rapids City Hall.
LeAnn Kerzman,
Finance Officer
Published twice at the approximate cost of $24.08.
1389599 Aug. 8 & 15, 2012
MINUTES OF DELL RAPIDS PLANNING COMMISSION
Tuesday, May 22, 2012 - 7:00 PM
The regular meeting of the Dell Rapids Planning Commission was held at City Council Chamber on Tuesday, May 22, 2012 with the following members present: Chairman Bob Lamberty, Roger Dearduff, Darrell Donelan, Paul Zweifel and Charlie Pleskac. Absent Mike Kroger and Rod Pierson.
Chairman Bob Lamberty called the meeting to order at 7:18 p.m.
Motion by Dearduff second by Lamberty to approve the May 8th, Planning Commission Minutes. Upon voice vote all members present voted aye. Motion carried.
Public Hearing - Subdivision Ordinance - Consider Recommendation of Adoption to City Council: Chairman Lamberty declared the public hearing for the Planning Commission to consider adoption of the newly revised Sub-Division Ordinance and Engineering Design standards. No members of the public were present to comment on the proposed ordinance. Administrator Weiland briefly reviewed the accompanying Engineering Design Standards document that has been developed by City Engineer DGR and Associates. Motion by Pleskac Second by Dearduff to recommend adoption of the Revised Subdivision Ordinances and Engineering Design Standards to the City Council. Upon voice vote all members present voted aye. Motion carried.
Discussion was held on the City Council's decision to approve additional Zoning Ordinance related fees that were not recommend by the Planning Commission.
Motion by Lamberty to adjourn. Seconded by Dearduff. Chairman Lamberty declared the meeting adjourned at 7:35 p.m.
__________________
Justin Weiland
Zoning Administrator
____________________
Bob Lamberty
Chairman
Published once in the Dell Rapids Tribune at the approximate cost of $27.04.
1389598 Aug. 8, 2012
DELL RAPIDS CITY COUNCIL
MINUTES
Monday, June 18, 2012 at
7:30 p.m.
Mayor Fiegen called the meeting to order at 7:30 p.m. at the Dell Rapids City Council Chambers. The Pledge of Allegiance was recited and roll was taken finding the following Council Members present: Chad Andrews, Keith DeLange, Vice-President Craig Lauritzen, Jim Rueckert, David Sommerfeld, President Carrie Testerman, Todd Wiebenga, and Mayor Scott Fiegen. Absent: Mark Downs.
Staff Present: Administrator, Justin Weiland, Finance Officer, LeAnn Kerzman, City Attorney, Dean Hammer.
Approval of Agenda: Testerman moved and Lauritzen seconded the approval of the agenda. Motion carried unanimously.
Minutes: Sommerfeld moved and Rueckert seconded to approve the minutes of the regular council meeting held on June 4, 2012. Motion carried unanimously.
Claims Approved: Lauritzen moved and Andrews seconded to approve the following claims as presented. Motion carried unanimously.
American Fence Company, backstop replacement 4817.00; American Underground Sprinkler, repair 190.00; Argus Leader, publishing/subscription 365.15; Beal Distributing, May malt 32,088.65; Bunkers Oil, fuel 1758.00; Dakota Beverage, May malt 27,400.25; DR Ace Hardware, supplies 319.88; DR Baseball Assoc, pool concessions 738.17; DR Lumber, lumber/rental 373.84; Dells Diesel Service, repair 414.71; Dells Materials, concrete 92.00; Denny's Electric, supply/repair 482.26; Global Distributing, May malt 140.05; GoldenWest, June telecommunications 888.52; Hasler, rental 62.85; Hoffman Sanitation, trash hauling 60.00; Huewe Plumbing, Heating & AC, toilet seats 187.20; JD's House of Trophies, name plates 30.75; Johnson Brothers Famous Brands, May liquor 8404.36; Linweld, tank rentals 33.48; NAPA Auto Parts, parts 426.91; Peterson, Kelly, truck maintenance 450.00; Republic National distributing, May liquor 5381.81; Schuneman Equipment, parts 950.71; Schwebach Insurance, surety bond renewal 100.00; SD Dept of Revenue, sales tax 565.40; SD Municipal Clerks Institute, clerk school-LK 289.00; T&C Self Service, fuel 7.13; Virg's Service, service/repair 297.92; Vogt, Brown, Merry & Hammer, June retainer 2000.00.
Resolutions and Ordinances - Ordinance #762 First Reading of Amended Subdivision Regulations: Toby Brown of SEACOG was present to explain the updates and answer any questions that the subdivision ordinance makes to existing ordinances. The ordinance rescinds Ordinance No. 373 and adopts the revised subdivision regulations. Lauritzen moved to approve. Second by Andrews. Motion carried unanimously.
Resolution #2012-12 DOT Community Access Grant: Weiland presented the Community Access Grant Resolution which would allow the city to apply to the State Department of Transportation for funding up to $200,000 to assist in the completion of the second phase of 15th Street. Sommerfeld moved to approve Resolution 2012-10. Wiebenga seconded. Motion carried unanimously.
RESOLUTION # 2012-12
DOT Community Access Grant
Application
WHEREAS, the City of Dell Rapids desires assistance from the S.D. Department of Transportation Community Access Grant (CAG) Program for the purpose of completing the 2nd phase improvements to 15th Street, and
WHEREAS, the City Council hereby commits to the continued maintenance of the street, and
WHEREAS, the City Council commits to the engineering costs and the local match for the project, and
WHEREAS, the City Council acknowledges its responsibility to secure rights-of-way or easements for construction;
BE IT RESOLVED the City Council hereby authorizes the filing of a grant application, including all understandings and assurances contained therein, for the Community Access Grant, and hereby authorizes the Mayor to act in connection with the application and to provide such additional information as may be required.
Adopted this 18th day of June, 2012.
/s/ Scott Fiegen, Mayor
ATTEST: /s/ LeAnn Kerzman,
Finance Officer
Resolution #2012-13 5311 Funds Transit Grant: The resolution shows support for the city to apply for state grant funds for the operation and maintenance of the city transit bus. ICAP has completed the applications forms for the city. Testerman moved to approve. DeLange seconded. Motion carried unanimously. Weiland will forward the information to ICAP so it can be submitted to the state.
City of Dell Rapids
RESOLUTION NO. 2012-13
Resolution to authorize the filing of an application for a grant under Section 5311 of the Surface Transportation Assistance Act.
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration (FTA) to support capital and operating assistance projects for nonurbanized public transportation systems Section 5311 of the Surface Transportation Assistance Act, and
WHEREAS, the South Dakota Department of Transportation, Division of Finance and Management, Office of Local Transportation Programs has been designated by the Governor to administer Section 5311; and
WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including provision by it of the local share of project costs;
NOW, THEREFORE, BE IT RESOLVED BY the Governing Body of the City of Dell Rapids:
That the Dell Rapids City Administrator is authorized to execute and file an application on behalf of City of Dell Rapids (Dell Rapids Transit) with the South Dakota Department of Transportation to aid in the financing of capital and/or operating assistance projects pursuant to Section 5311 of the Surface Transportation Assistance Act.
That the Dell Rapids City Administrator is authorized to furnish such additional information as SDDOT may require in connection with the application or the project.
C E R T I F I C A T E
The undersigned duly qualified and acting Mayor of the City of Dell Rapids certifies that the foregoing is a true and correct statement.
June 18, 2012
/s/ Scott Fiegen, Mayor
ATTEST: /s/ LeAnn Kerzman,
Finance Officer
Visitors to be heard: None.
Public Hearing - Malt Beverage Renewal: Applications for renewal of malt beverage licensing has been received from the following for the 2012/2013 year: County Fair, Cubby's, Dells Pizza Ranch, T&C's, and T&C's Other Place. Sommerfeld moved to approve all applications and Monkey's as well if they submit for renewal with all conditions for application met. Andrews seconded. Motion carried unanimously.
Public Hearing - Special Alcoholic Beverage License for DR Chamber: Dell Rapids Chamber President Charlie Pleskac has submitted an application for a special event malt beverage license to be issued for the city parks during the Kory & the Fireflies concert and car show from June 22 to June 24. Lauritzen moved to approve the application followed by a second from Testerman. Motion carried unanimously.
Railroad Crossing Closure Discussion: Jack Parliament, President of D&I Railroad, was present to discuss any further questions that the council or community has regarding possible closing or rehabilitating railroad crossings within Dell Rapids. In order for the state to consider an application for assistance, they want to see at least one crossing closed in order to rehabilitate another. After reviewing traffic counts and discussions with businesses and some property owners, possible closure crossings would be considered for State and Ladelle Avenues with rehabilitation considered for Beach and Washington Avenues. Public Hearing will be scheduled for the matter for the July 2, 2012, council meeting.
Library Opt Out - Approve Ballot Form: Weiland presented the ballot for review by the council and requested the approval of the format. Wiebenga moved to approve the ballot form. Sommerfeld seconded. Motion approved unanimously.
Cleaning Contract: Weiland proposed the elimination of the janitor position and contract for services for the cleaning of city hall and library buildings. Rueckert moved to eliminate the janitor position. Testerman seconded. Motion carried unanimously. Andrews moved to hire independent contractor, Lisa Magnuson at the rate she proposed. Lauritzen seconded. Motion carried unanimously.
City Administrators Report - Weiland reported on the following:
• Preconstruction meeting with Double H Paving for the Wyland Addition project will be held on June 20.
• Water meter installations are scheduled to be done July 30 to August 14 for mass completion.
• New emergency siren has been installed at the intersection of 10th and Hwy 77.
• New banners have arrived and are installed along 4th Street light poles.
Claims Approved for Payment by Other Municipal Boards - Library Board Claims: None submitted.
Treasurers Report - A recap of all income and expenses, since the last meeting, were presented to the council for their review.
Motion by Wiebenga to adjourn the meeting. Second by Sommerfeld. Motion carried unanimously. Meeting adjourned at 8:58 p.m.
LeAnn Kerzman,
Finance Officer
Published once at the total approximate cost of $95.77.
1389597 Aug. 8, 2012
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 8:30 A.M. July 31, 2012 pursuant to adjournment on July 24, 2012. Commissioners present were: Barth, Pekas, Kelly, Heiberger, and Beninga. Also present were Cindy Jepsen, Commission Recorder, and Gordy Swanson, Chief Civil Deputy State's Attorney.
Chairman Kelly called the meeting to order.
MOTION by Pekas, seconded by Barth to approve the agenda. 5 ayes.
MOTION by Pekas, seconded by Heiberger to approve the July 24, 2012 Commission Minutes and the July 24, 2012 joint city/county minutes. 5 ayes.
VOUCHERS TO BE PAID
MOTION by Barth, seconded by Pekas, to approve the following bills totaling $333,955.32 and July salaries. 5 ayes.
A & B Business Equip, Var. Depts, 362.25; Ahrendt, Cynthia J, Courts, 533.00; Allied Oil & Tire Co, Hwy Constr, 1,040.33; American Solutions F, Auditor, 616.58; Anylabtestnow Dakota, Public Def, 162.00; Applied Engineering, Hwy Admin, 3,566.30; Arena Motel, Human Svcs, 934.75; Arevalo, Clemente, Human Svcs, 400.00; Argus Leader, St Atty, 93.50; Arrow Ridge Townhome, Human Svcs, 277.00; At & T, Sheriff, 45.73; Avera McKennan Hospi, St Atty, 864.00; Bierschbach Equipmen, Hwy Constr, 1,287.95; Black Hills Special, Human Res, 50.00; Boyer Trucks Sioux F, Hwy Constr, 211.37; Bradfield, Matt, Dba, JDC, 70.00; Brennan Hill Townhou, Human Svcs, 600.00; Brown & Saenger, Extension, 177.81; Buehner, Michelle, Human Svcs, 600.00; Bureau Of Informatio, Var. Depts, 600.00; Cady, Christine, Courts, 2,502.23; Campbell Supply Co I, Hwy Constr, 201.96; Cartridge World, Info Tech, 1,432.74; Catco, Hwy Constr, 448.36; Cbm Managed Services, Var. Depts, 12,820.54; CDX Holdings, Human Svcs, 850.00; Century Business Pro, JDC, 103.88; Cleveland Heights Ap, Human Svcs, 300.00; Cody, Denise, Mental Ill, 90.00; Collison, Jeanne, Mental Ill, 37.50; Com-Tec Security, Ll, Jail, 884.81; Constellation New En, Facilities, 3,660.64; Construction Product, Hwy Constr, 840.75; Cyberchannel Inc, Jag Grants, 3,400.00; Dakota Police & Spor, Air Guard, 35.00; Decisionone Corporat, Info Tech, 168.52; Der Hagopian, Jack, Courts, 508.40; Diesel Machinery Inc, Hwy Constr, 28.12; Directv, Hwy Admin, 73.99; East & Souter Rental, Human Svcs, 500.00; Ebert's Properties, Human Svcs, 1,170.00; Ecolab, Safe Home, 14.89; Ekeren, Marvin R., Mental Ill, 30.00; Electric Supply Co., Em Mgmt, 547.37; Electronic Engineeri, Em Mgmt, 3,788.95; Engquist, Molly J, Mus Entpr, 71.78; Federal Express Corp, Sheriff, 12.38; Federal Risk Pool, Human Svcs, 1,624.00; G & R Controls Inc, JDC, 102.25; Genzlinger, Janeen, Courts, 64.60; George Boom Funeral, Human Svcs, 1,452.60; Gleason, Carolyn, Mus Entpr, 300.00; Glory House, Pass-Thru, 2,014.40; Goebel Printing, Inc, JDC, 20.00; Goslinga, Kelly, Courts, 5,297.31; Grabar Voice & Data, Sheriff, 862.65; Great Plains Psychol, Courts, 2,575.00; Guzman, Sandra V., Var. Depts, 358.33; Haj Inc Dba, Human Svcs, 55.00; Hander, Inc., JDC, 181.92; Harmon, Karla, Mental Ill, 472.50; Hecksel, Julie, Mus Entpr, 200.00; Heirigs, Mary Ellen, Mental Ill, 387.20; Held, David W, Hwy Constr, 500.00; Hewlett-Packard Comp, Public Adv, 802.02; Hidden Meadows, Llc, Human Svcs, 254.80; Highland Heights Par, Human Svcs, 265.00; Horn, Garrett, Mental Ill, 303.20; Hy-Vee Accounts Rece, Var. Depts, 311.82; Hybertson, Greg, Human Svcs, 400.00; Impact Homes Inc, ARRA-HPRP, 1,980.00; Interpreter Services, Courts, 160.00; Interstate Battery S, Hwy Constr, 69.80; Iss Facility Svcs, Hwy Admin, 550.00; Jansen, Scott/Donna, Mus Entpr, 270.00; Jaros, Pete, Mental Ill, 77.70; Jcl Solutions-Janito, Mus Maint, 233.27; Jebro, Inc., Hwy Constr, 20,827.60; Jefferson City Count, St Atty, 40.00; Jefferson Partners L, Human Svcs, 645.40; JH Larson Company, JDC, 201.47; Jim Bork Enterprises, Reg Deeds, 525.00; Kingsbury County She, St Atty, 28.06; Kmart, Human Svcs, 119.84; Kreitzer, Mark, Mus Entpr, 100.00; Lacroix, Heather, Mental Ill, 227.65; Language Line Servic, Human Svcs, 403.34; Leaf Inc., Var. Depts, 189.77; Leggett, Joseph R, Human Svcs, 500.00; Lewno, Lucy, Mental Ill, 756.70; Lickide-Split Car Cl, Sheriff, 130.00; Live Well Properties, Human Svcs, 500.00; Lockwood Law Office, Courts, 1,726.00; Luther, Jeff, Ambulance, 2,333.33; Mattson Law Office P, Courts, 1,493.50; Menards - East, Hwy Constr, 53.92; Merrow, Danielle, Human Svcs, 500.00; Metro Communications, Public Def, 210.00; MidAmerican Energy C, Var. Depts, 1,632.96; Midwest Oil Company, Hwy Constr, 714.93; Minn Cnty So Petty C, Sheriff, 120.75; Murray Properties, L, Human Svcs, 400.00; Myers & Billion Llp, Mental Ill, 765.00; Neve's Uniforms, Var. Depts, 984.90; New World Systems, Jag Grants, 10,080.00; Nguyen, Lam, Courts, 50.00; Nicholson, Tschetter, Courts, 2,026.25; Northern Safety Tech, 24/7 Prog, 226.05; Northern Truck Equip, Hwy Constr, 63.52; Northland Systems, I, Em Mgmt, 6,003.56; O'Dea, Steve C, ARRA-HPRP, 410.00; Offerdahl, Vern, Human Svcs, 250.00; Office Depot, Inc., Info Tech, 498.36; Olson's Pest Technic, Jail, 92.29; Osborn, Roxane R, St Atty, 63.00; Painter, Steven L, Human Svcs, 300.00; Parr, Charlie(Jeffre, Mus Entpr, 300.00; Pennington County Ja, Jail, 5,712.40; Plunkett, William, Human Svcs, 350.00; Pollard, Jerry, Mental Ill, 67.50; Qualified Presort Se, Var. Depts, 4,543.14; Ramsey County (MN)Sh, St Atty, 60.00; Rdo Equipment Co., Hwy Constr, 30,931.99; Restorative Practice, Public Def, 656.25; Richmond II Ltd Ptnr, Human Svcs, 800.00; Riedemann, Gayleen, Human Svcs, 400.00; Risty, Maxine J, St Atty, 40.50; Roberts, Yvonne, Human Svcs, 400.00; Rural Metro Ambulanc, Coroner, 450.00; Sanford Health Patho, Coroner, 22,250.00; Sanford Health Plan-, Human Svcs, 569.52; Sanford Pioneer Memo, Public Def, 25.00; Satisfaction Plus In, Human Svcs, 636.00; Schoeneman Bros. Co., Hwy Constr, 29.35; SD Dept Of Public Sa, Human Svcs, 150.00; SD Dept Of Revenue, 24/7 Prog, 14.00; SD Dept Of Transport, Hwy Constr, 626.40; SD State Archives, Mus Entpr, 201.60; Servall Towel & Line, Var. Depts, 134.00; Shi, International C, Info Tech, 7,449.87; Shipley's Laundry &, Mus Entpr, 82.40; Shopko Pharmacy, Human Svcs, 342.73; Signs Plus Graphics, 24/7 Prog, 450.00; Sioux Empire Fair As, Fair, 8,333.33; Sioux Falls City Fin, Var. Depts, 1,632.48; Sioux Falls City Fin, Em Mgmt, 671.41; Sioux Falls Humane S, Humane Soc, 4,347.75; Sioux Falls Two Way, Var. Depts, 2,350.60; Sioux Falls Utilitie, Var. Depts, 22,310.00; Sioux Valley Energy, Var. Depts, 179.92; Solomon, Ghirmay, Courts, 166.65; State Steel Of SD, Hwy Constr, 130.00; Stevens, Robert A, Elections, 120.00; Sturdevant's Auto Pa, Hwy Constr, 221.39; Surrell, David, Mus Entpr, 300.00; Swanda, Karen, Mental Ill, 82.50; Szameit, Alexandra, Courts, 275.00; Tabbert, Dale, Mus Entpr, 125.00; Taylor Place Llc, Human Svcs, 275.00; Test Point, St Atty, 200.00; The Medicine Shoppe, Human Svcs, 50.00; Thill, Brian, Human Svcs, 225.00; Thorin, Deyanira T, Var. Depts, 150.00; Tires,Tires,Tires In, Var. Depts, 267.14; Titze's Auto Repair, Jail, 218.00; Ultramax, Sheriff, 2,490.00; US Bank-Corporate Tr, Bldg Fund, 290.00; US Postal Service, Extension, 36.34; Variety Foods Llc, Safe Home, 84.69; Vb Falls Park Apts, Human Svcs, 500.00; Verizon Wireless, Var. Depts, 160.04; Wal-Mart Pharmacy, Human Svcs, 39.90; Wal-Mart Pharmacy, Human Svcs, 398.90; Walgreen Co., Human Svcs, 960.25; Weerheim, Tom, Courts, 2,132.00; Weiland & Assoc Inc, Courts, 398.18; West Group, Var. Depts, 7,203.55; Windsor Heights Apar, Human Svcs, 400.00; Xcel Energy, Inc., Var. Depts, 72,803.75; Zach, Gayle E, Human Svcs, 400.00; Commission, Salaries, 27,388.82; Auditor, Salaries, 36,941.44; Treasurer, Salaries, 61,297.35; Info Technology, Salaries, 58,282.58; States Attorney, Salaries, 169,876.57; Public Defender, Salaries, 119,022.35; Public Advocate, Salaries, 30,157.61; Facilities, Salaries, 54,268.31; Equalization, Salaries, 62,513.65; Register Of Deeds, Salaries, 38,674.89; Human Resources, Salaries, 13,545.03; Sheriff, Salaries, 796,542.65; JDC, Salaries, 144,552.26; Highway, Salaries, 122,441.71; Human Services, Salaries, 90,485.66; Museum, Salaries, 55,770.44; Planning, Salaries, 39,841.34; Extension, Salaries, 2,945.10
PERSONNEL
MOTION by Pekas, seconded by Beninga, to approve the following personnel changes. 5 ayes.
1. To hire Ashley Sergeant as Deputy Public Defender (21/1) for the Public Defender's Office at $1,988.88/bi-weekly effective 8/6/12.
2. To hire Catherine Schlimgen as Deputy Public Defender (21/1) for the Public Defender's Office at $1,988.88/ bi-weekly effective 8/7/12.
3. To hire Dennis Wojciechowski as Juvenile Correctional Officer I (12/3) for the Juvenile Detention Center at $16.747/hour effective 8/6/12.
4. To hire Derek Gulbrandson as Deputy Sheriff (16/1) for the Sheriff's Office at $19.422/hour effective 8/6/12.
5. To hire Kenneth Schaaf as a part-time Correctional Officer (13/4) for the Jail at $18.035/hour effective 7/31/12.
6. To accept the resignation of Jemal Dufo as Custodian for Facilities effective 7/23/12.
7. To accept the resignation of Elaine Muller as Corrections System Operator for the Jail effective 7/22/12.
Step Increases Due:
1. Travis Urban - Highway Maintenance Worker - Highway - 12/10 to 12/11 - 8/5/12 - $20.405/hour
2. Julie Amdahl - Administrative Clerk - Human Services - 9/2 to 9/3 - 7/21/12 - $14.441/hour
3. Kenneth Jacobs - Senior Deputy Public Defender - Public Defender's Office - 22/1 to 22/2 - 8/3/12 - $2,250.24/bi-weekly
4. Eric Preheim - Deputy Public Defender - Public Defender's Office - 21/1 to 21/2 - 8/1/12 - $2,038.64/bi-weekly
Bill Hoskins, Museum Director, was present to request authorization to fill a vacant Museum Interpreter position. Sandy Dean, museum board member and volunteer, spoke in support for filling the position. MOTION by Barth, seconded by Heiberger, to authorize exemption from the hiring freeze to fill a vacant Museum Interpreter Position for the Siouxland Heritage Museum. Commissioners Beninga and Kelly stated they would like to fill the position by using a volunteer and would not support the motion. 3 ayes. Beninga and Kelly voted nay.
MOTION by Barth, seconded by Pekas, to authorize exemption from the hiring freeze to fill a vacant Deputy Public Defender Position in the Public Defender's Office. 4 ayes. Kelly voted nay.
MOTION by Barth, seconded by Heiberger, to approve a request to utilize temporary services for a vacant Legal Office Assistant Position in the Public Defender's Office. 4 ayes. Kelly voted nay.
NOTICE
Notice was received from the South Dakota State Historical Society that Sid's Crown Liquor and Texaco Super Service Station, 330 S. First Avenue, Sioux Falls, will be considered by the State Historical Society Board of Trustees for nomination to the National Register of Historic Places.
PLANNING & ZONING NOTICES
Scott Anderson, Planning Director, gave the first reading of an amendment to the 1990 Revised Zoning Ordinance for Minnehaha County to rezone property legally described as Tract 3A (Except N 150') France's Tracts S 1/2 SW 1/4 Section 7-102N-R49W from the A-1 Agricultural District to the C Commercial District. The property is located at the I-29/County Highway 130 Interchange 2 miles north of Sioux Falls. MOTION by Pekas, seconded by Barth, to authorize the Auditor to publish a Notice of Hearing to be held on August 21, 2012 at 8:45 a.m. 5 ayes.
LIEN
Commissioner Pekas gave a briefing on a request for compromise of lien for DPNO 78177 in the amount of $428. The lien is in the name of the petitioner's late husband and is for court appointed attorney services as the result of an involuntary commitment (IVC) process that he initiated against his adult son. The petitioner was unaware there were charges for the attorney services since the IVC was dismissed. The petitioner is requesting a compromise and release of the lien in full. MOTION by Pekas, seconded by Barth, to approve Resolution MC12-40. 5 ayes.
RESOLUTION MC12-40
WHEREAS, a County Aid Lien in the amount of $428 purports to exist in favor of Minnehaha County and against DPNO 78177 as Lienee, and
WHEREAS, said lienee has filed an application with the County Auditor stating such facts as provided for by Law, NOW, THEREFORE, BE IT RESOLVED that after due consideration of the circumstances the Board of County Commissioners finds it advisable and proper to authorize the Chairman of the County Board and the County Auditor to execute the following:
Compromise and release the lien in full with no payment.
Dated at Sioux Falls, South Dakota, this 31st day of July, 2012.
APPROVED BY THE
COMMISSION:
Dick Kelly
Chairman
ATTEST:
Cynthia Jepsen
County Auditor
BURN BAN
Lynn DeYoung, Emergency Management Director, gave a briefing on a recommendation from the Rural Fire Chiefs that the County Commission declare a fire danger emergency and enact a ban on open burning in the rural areas of Minnehaha County. MOTION by Beninga, seconded by Barth, to approve Resolution MC12-41. 5 ayes.
RESOLUTION MC 12-41
A RESOLUTION DECLARING
A FIRE DANGER EMERGENCY IN MINNEHAHA COUNTY AND
PROHIBITING OPEN BURNING
WHEREAS, due to extreme drought conditions prevalent in Minnehaha County and due to recent high temperatures, a fire danger emergency now exists within Minnehaha County, South Dakota, now
THEREFORE BE IT RESOLVED BY THE MINNEHAHA COUNTY BOARD OF COMMISSIONERS, and under the authority of SDCL 7-8-20 (18) that a Fire Danger Emergency is hereby declared and until this resolution be otherwise rescinded by the Minnehaha County Board of Commissioners, all open burning as defined in Ordinance MC 34-04, is hereby prohibited within the boundaries of Minnehaha County, South Dakota, exclusive of any incorporated municipality within the county, and
BE IT FURTHER RESOLVED, that this Resolution is declared to be necessary for the immediate preservation of the public safety in accordance with the provisions of SDCL 7-18A-8 and is effective immediately and shall continue in force and affect until rescinded by the Minnehaha County Board of Commissioners.
Dated this 31st Day of July, 2012
APPROVED BY
BOARD OF COUNTY
COMMISSIONERS
Dick Kelly
Chairman
ATTEST: Bob Litz, Auditor
Cynthia Jepsen
Deputy Auditor
DECLARATION
Larry Olsen, County Executive Director for USDA Farm Services Agency, gave a briefing on the criteria considered for declaring a drought disaster. It was determined by the Emergency Board of the Farm Service Agency and the Minnehaha County Emergency Management, that Minnehaha County now meets the threshold for a disaster declaration. The declaration would begin the process of making producers in Minnehaha County eligible for federal agricultural disaster programs. Deron Ruesch, District Conservationist with the USDA Natural Resources Conservation Service reported on projects his department has been working on that included funding for water quality issues, soil erosion, pest management, and checking soils for leech ability and runoff into our creeks and streams. MOTION by Barth, seconded by Heiberger, to approve Resolution MC12-42. 5 ayes.
RESOLUTION MC12-42
DROUGHT DISASTER
DECLARATION
FOR MINNEHAHA COUNTY
WHEREAS, a severe drought has hit Minnehaha County, South Dakota, beginning June 1, 2012; and,
WHEREAS, said drought has caused extensive damage and loss to crops, pasture, and livestock within Minnehaha County; and,
WHEREAS, drought effected crops and livestock will surely add to the financial burden of the farmers and ranchers of Minnehaha County; now therefore,
BE IT RESOLVED by the Minnehaha County Board of Commissioners that they do hereby request that Minnehaha County be designated a disaster area due to the ongoing drought conditions; and
BE IT FURTHER RESOLVED, the Minnehaha County Board of Commissioners urges the Minnehaha County FSA Committee and the Governor of the State of South Dakota to take appropriate action to assist and to help Minnehaha County producers.
Dated this 31st Day of July, 2012
APPROVED BY THE
MINNEHAHA COUNTY
COMMISSION
Dick Kelly
Chairman
ATTEST: Bob Litz, Auditor
Cynthia Jepsen
Deputy Auditor
SUPPLEMENT
MOTION by Barth, seconded by Heiberger to supplement $161,886.64 from the Emergency Management Fund to the Emergency Management Budget, ASN 16927 - $3,107.11; ASN 16928 - $16,969.97; ASN 16929 - $141,809.56, representing reimbursement from various Homeland Security Grant Programs. 5 ayes.
HIGHWAY
DJ Buthe, Highway Superintendent, requested authorization to participate in the State of South Dakota "Think" Sign Program. Upon participation in the program, the Highway Superintendent will be notified when a fatality occurs and be provided with the sign, post, bolts, and location for the sign to be installed. At the request of Commissioner Beninga, Mr. Buthe stated he would establish a protocol to contact family members and confirm that they have no objections before a sign would be installed. MOTION by Pekas, seconded by Heiberger, to authorize participation in the State of South Dakota "Think" Sign Program. 5 ayes.
LETTER
Carol Muller, Human Services Director, presented a letter she wrote to the Public Utilities Commission, on the impact that the proposed Xcel Energy rate increase would have on Minnehaha County. The increase not only would affect the cost of operating county facilities but also increase the cost of providing assistance to indigent persons. MOTION by Pekas, seconded by Beninga, to authorize the Chairman to sign the letter to the Public Utilities Commission. 5 ayes.
BUDGET
Ken McFarland, Commission Administrative Officer, presented the FY2013 Provisional Budget in the amount of $65,772,884. This is an increase of $2,549,634 from FY2012 budget as adopted last year. The budget is supported by an opt-out of $4,000,000 in property tax revenues. The opt-out is due to sharp declines in non-property tax, general fund revenues from previous years that include drops in bank franchise tax, interest income, and most significantly, board of prisoner revenue. These revenue drops, coupled with rising costs in public safety responsibilities, created a structural deficit in the county budget. The Provisional budget is also supported by revenues that include a 1.25% growth in property taxes due to new construction and a 3% CPI adjustment allowed by the property tax limitation statutes in total county property taxes collected. The Provisional Budget includes six new employee positions. They include one deputy sheriff sergeant in the jail; a deputy states attorney, victim witness assistant, and para-legal in the States Attorney's Office; a para-legal in the Public Defender's Office; and an engineering specialist in the Highway Department. The Provisional Budget also reflects a .7% increase in the county's pay plan for full and part-time employees along with normal step increases of approximately 2.5% in accordance with the parameters of the county's pay plan. The owner of a $150,000 property will see an increase of $50.05 in the county portion of their tax bill in 2013 as a result of the $4 million opt-out of the property tax limitation and projected adjustments in the equalization factor on county valuations. A public hearing on the proposed budget will be held during the Minnehaha County Commission meeting at 8:45 a.m., Tuesday, September 4, 2012. MOTION by Barth, seconded by Pekas to approve the FY2013 Provisional Budget. Commissioner Barth stated he plans on continuing to examine the budget and look for additional savings prior to the final adoption. Commissioners Pekas, Beninga, and Heiberger all spoke on the increasing cost of public safety for the citizens of Minnehaha County and stated support for the budget. Commissioner Kelly stated he was not in favor of the 4 million dollar opt-out. Vote on the motion, 4 ayes. Kelly voted nay. (The Provisional Budget and Adoption Resolution MC12-43 will be published in the County's legal newspapers with these minutes).
LIAISON REPORT
Commissioner Kelly gave liaison reports on the Sheriff's Department and Detox.
NEW BUSINESS
Scott Anderson, Planning Director, reported that his department will have a booth at the Sioux Empire Fair in the Expo Building.
Commissioner Pekas reported that the Sioux Empire Fair runs from August 4th through August 12th.
Motion by Pekas, seconded by Barth to adjourn into executive session for contract negotiations, legal briefing, and personnel. 5 ayes.
The Commission adjourned until 8:30 a.m. on Tuesday, August 7, 2012.
APPROVED BY THE
COMMISSION:
Dick Kelly
Chairman
ATTEST:
Cynthia Jepsen
Deputy Auditor
Published once at the total approximate cost of $193.97.
1389408 Aug. 8, 2012
The Renner Sanitary District is accepting bids for the 2012 Sanitary Sewer Improvement Project. The project includes seven spot repairs that require excavation and replacement of the existing pipe, ten manholes to be sealed and five pumps to be replaced. Bids are to be submitted to Sayre Associates' office by 12:00 p.m. on August 20, 2012, at which time the bids will be opened publicly. The Renner Sanitary District reserves the right to reject any and all bids. Plans and specifications can be picked up at Sayre Associates, 216 South Duluth, Sioux Falls, SD 57104. The contact at Sayre Associates is Ray Pierson (332-7211).
Published twice at the total approximate cost of $22.91.
1388543 Aug. 1 & 8, 2012
NOTICE OF MEETING AND ELECTION
Proposed Vintage Village Road District
A Meeting and Election will be held on August 15, 2012 at 7:00 p.m. to determine if the proposed Vintage Village Road District shall be formed. If the district is formed by this election, nomination and election of a board of trustees will take place at the meeting.
Property owners within the proposed district who are also registered voters within the district are eligible to vote in this election.
The meeting and election will begin at7:00 p.m. and continue until all present have voted.
The meeting and election will be held in the garage of Ron and Marge Hegge, 47291 Dusenberg Place, Renner, SD.
The area to be included in the proposed district is: Vintage Village, Tract No. 1 in the NE 1/4 SE 1/4 of Section 7, Township 102 North, Range 49 West, Minnehaha County, South Dakota, according to the recorded plat thereof; and Tracts 4, 5 and 6 in the SE 1/4 SE 1/4 of Section 7, Township 102 North, Range 49 West, Minnehaha County, South Dakota according to the recorded plat thereof; and Lots 2 through 6, Lots 7A, 8A, 9A, and 9B, Lots 10 through 13, Lots 17 through 35, Lots 36A, 37, 38A, and Lots 39 through 44 and lot 45A of Vintage Village, an addition to Minnehaha County, South Dakota, according to the plat recorded thereof. And Lots 14, 15, and 16 of Vintage Village, Replat of Lots 14, 15, and 16, an addition in Minnehaha County, South Dakota, according to the plat recorded thereof.
Voters with disabilities may contact the county auditor for information and special assistance in absentee voting or polling place accessibility.
Bob Litz
Minnehaha County Auditor
Published at the approximate cost of $32.47.
1388340 Aug. 1 & 8, 2012
NOTICE TO BIDDERS
SALE OF SURPLUS PROPERTY
DELL RAPIDS SCHOOL
DISTRICT 49-3, SOUTH DAKOTA
Sealed bids will be received by Dell Rapids School District 49-3 at 1216 N. Garfield Avenue, Dell Rapids, South Dakota, 57022, office of the Business Manager, until 2:00 p.m. on the 23rd day of August, 2012, at which time they will be publicly opened and read. Faxed bids will be rejected and not considered at the bid opening. Disposition of said bids will be at the school board meeting to be held at 7:00 p.m. on August 27, 2012 in the high school distance learning room, 1216 N. Garfield Avenue, Dell Rapids, South Dakota. Bids are to be sealed in an envelope and marked "Surplus Land Bid" or "Surplus Building Bid".
Bids will be received on the following:
Temporary Classroom Buildings (two available for sale): 24'x38' wood frame, hardboard siding, shingled; Electric heat and AC, no plumbing; One open room, carpeted; Located at 500 6th Street, Dell Rapids SD 57022; Buyer to remove building(s) by November 1, 2012; Sold "as is" with no warranty implied or expressed by the Dell Rapids School District
Land:
The south 15' of Dell Rapids Elementary School Addition to the City of Dell Rapids, Minnehaha County, Covenant running with land/restrictive covenant: The above real property shall be used only (1) for pedestrian or bicycle purposes, and (2) by small maintenance equipment (i.e., riding lawnmower and snow removal equipment, etc.). No concrete or asphalt pavement on the above-described real property shall exceed five feet (5') in width.
Seller shall pay the real estate transfer fee.
Buyer shall pay all filing fees.
Seller and Buyer shall each be responsible for one-half the cost of the survey and plat related to said real estate.
Should Buyer require Title Insurance, then Seller and Buyer shall each be responsible for one-half of said cost.
The Dell Rapids School District reserves the right to reject any or all bids and to waive any informality therein to determine which bid is the best and most advantageous to the School District.
Additional information about the listed surplus property may be obtained by contacting the Transportation/Facilities Supervisor at 605-428-5473.
SUBMIT BID TO:
DELL RAPIDS SCHOOL
DISTRICT 49-3
ATTN: BUSINESS MANAGER
1216 N. GARFIELD AVE.
DELL RAPIDS, SD 57022
Published twice at the total approximate cost of $58.13.
1388336 Aug. 1 & 8, 2012
CIV: 12-2458
NOTICE OF HEARING FOR NAME CHANGE OF A MINOR CHILD (UNCONTESTED)
STATE OF SOUTH DAKOTA )
)ss:
COUNTY OF MINNEHAHA )
IN CIRCUIT COURT
2ND JUDICIAL CIRCUIT
In the Matter of the Petition
regarding Zachary Connor Kortus, A Minor Child.
For a Change of Name to
Zachary Connor Gudmundson
NOTICE IS HEREBY GIVEN that a Verified Petition for Name Change of a Minor Child has been filed by Christa Gudmundson the object and prayer of which is to change their minor child's name from Zachary Connor Kortus to Zachary Connor Gudmundson. On the 20th day of August, 2012, at the hour of 1:30 pm said Verified Petition will be heard by this Court before the Honorable W.J. Srstka, Jr. Presiding, at the 6A Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Any interested party may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 10th day of July, 2012 at Sioux Falls, South Dakota.
ANGELIA M. GRIES
Clerk of Court
ATTEST:
ANGELIA M. GRIES
Clerk of Court
By: /s/ ______________
Deputy
July 18, 25,
1387118 Aug. 1 & 8, 2012