Patriot News MN

STATE OF MINNESOTA

District Court

COUNTY OF SHERBURNE

TENTH JUDICIAL DISTRICT

Case Type: 14 Other Civil

Court File Number:

71-CV-24-582

SUMMONS

Tera K. Brooks and

Steven K. Brooks,

Plaintiffs,

Juliana Brenteson,

Chad Brenteson,

Gordon D. Westerlind, Judith I. Westerlind, RiverWood Bank,

Diane M. Kinnard, Enger Family Limited Partnership,

State of Minnesota, Township of Orrock, and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein,

Defendant.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs’ Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summon.

2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:

Smith, Paulson, O’Donnell &

Erickson, PLC

Mollie H. Teaster

201 West 7th Street

Monticello, MN 55362

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs’ Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY SITUATED IN THE COUNTY OF SHERBURNE, STATE OF MINNESOTA DESCRIBED AS FOLLOWS:

A tract of land in Government Lot 1 of Section 32, Township 34, Range 27, Sherburne County, Minnesota, lying within lines drawn from points C to D, D to E, E to F and F to C, together with so much of said Government Lot 1 as lies between said tract and lines D to E and F to C extended Southwesterly to the shore of Eagle Lake.

Said points C, D, E and F being located as follows:

Beginning at a point on the South line of said Government Lot 1, 995 feet West of the Southeast corner thereof; thence angle right 83 degrees 20 minutes bears North 7 degrees and 30 minutes West, 470 feet; thence angle left 32 degrees and 45 minutes, 60 feet to point C; thence continue on last named course 20 feet to point D; thence continue on the same course 60 feet; thence angle right 87 degrees 35 minutes 100 feet; thence angle right 91 degrees 35 minutes, 67 feet to the point B; thence continue on the last named course 20 feet to Point F.

A tract of land in Government Lot 1 of Section 32, Township 34, Range 27, lying within lines drawn from Points A to B, B to C, C to F, F to G, G to H, H to I and I to A, together with so much of said Government Lot 1 as lies between said tract and lines F to C and I to A extended to the shore of Eagle Lake. Said points A, B, C, D, E and F are located as follows:

Beginning at a point on the South line of said Government Lot 1, 995 feet West of the Southeast corner thereof; thence angle right 83 degrees and 20 minutes, bears North 7 degrees and 30 minutes West, 370 feet to point A; thence continue on the last named course 100 feet to point B; thence angle left 32 degrees and 45 minutes, 60 feet to point C; thence continue on last named course 20 feet to point D; thence continue on the same course 60 feet; thence angle right 87 degrees 35 minutes 100 feet; thence angle right 91 degrees 35 minutes, 67 feet to point E; thence continue on the last named course 20 feet to point F. Said points H and I are located as follows:

Beginning at a point on the South line of said Government Lot 1, 1005 feet West of the Southeast corner thereof, being a point on the water’s edge of Eagle Lake; thence angle right 83 degrees and 12 minutes, bears North 7 degrees and 10 minutes West; Va. 6 degrees East, 470 feet; thence angle right 94 degrees and 10 minutes, 120 feet to point H; thence angle right 66 degrees and 20 minutes 147 feet to point I. Said point G is located as follows: From a line drawn from Point A to B above described, angle right 84 degrees from point B, a distance of 100 feet, more or less, to an intersection with a line from point I to H extended Northwesterly.

Excepting therefrom that part of Government Lot 1, Section 32, Township 34, Range 27, Sherburne County, Minnesota, described as follows:

Commencing at the Northeast corner of the plat of EAGLE LAKE TERRACE, said point being in the centerline of Town Road; thence North 82 degrees 20 minutes 29 seconds West along the North line of said Eagle Lake Terrace a distance of 252.40 feet; thence South 87 degrees 14 minutes 50 seconds East, a distance of 223.08 feet to its intersection with the centerline of Town Road; thence South 37 degrees 41 minutes 08 seconds East along said centerline a distance of 28.36 feet to the point of commencement.

Subject to an easement for road purposes over the Northeasterly 33 feet thereof, as measured at right angles to said centerline.

8. NOTICE IS FURTHER GIVEN that the object of this action is to obtain a judgment decreeing a new legal description for the property described above and to declare that Plaintiffs are the owner in fee of the property described above and as revised pursuant to the legal description, and that Defendants, and each of them, have no right, title, estate, interest, or lien in or upon the said real estate, except as identified in Plaintiffs’ Complaint.

9. NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the Defendants.

Smith, Paulson, O’Donnell &

Erickson, PLC

Dated: April 26, 2024

/s/Mollie H. Teaster

Mollie H. Teaster (MN#0398839)

201 W. 7th St.

Monticello, MN 55362

Tel. 763-295-2107

mollie.teaster@spoelawyers.com

Attorney For Plaintiffs

(Published in the Patriot: 07/20/24, 07/27/24, 08/03/24)