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HARLAN NEWS-ADVERTISERFRIDAY, FEBRUARY 9, 2018

Public Notices1851ESTABLISHED

1892COURTHOUSE BUILTSHELBY COUNTY

Iowa laws require that the residents of this area be notified of certain legal proceedings. Certain individuals, as well as groups, may have a personal interest in these notifications Often the publication is the only public notice. To keep well informed, readers should check carefully the notices which appear under this head.

HARLAN – Arthur Russell List-er, son of Donald Elbert and Verla (Stewart) Lister, was born on Au-gust 29, 1928, in Des Plaines, IL. He graduated from Maine Town-ship High School, Des Plaines, in 1946, and attended Lake Forest College in Lake Forest, IL, for two years. Arthur was then drafted into service in the United States Army; he served in France during the Korean Conflict.

On September 12, 1953, Ar-thur married Lorraine Anamarie Dittmer in Des Plaines, IL. The couple lived in the Chicago suburbs and Arthur began working as an auto mechanic. He later sold auto testing equipment and did well in that job. Arthur returned to mechanical work at a Chicago golf course before retir-ing in 2006 at the age of 78. In October 2015, Arthur moved to Harlan, to live with his daughter, Jane.

Arthur enjoyed fishing, golfing, coin collecting, and sharing cocktails with friends.

Arthur R. Lister died on Thursday, February 1, 2018, at his home in Harlan. He had reached the age of 89 years, five months, and three days.

Arthur was preceded in death by his parents; his wife, Lorraine Anama-rie Lister, on June 10, 1995; one brother; and one sister. He is survived by four daughters, Mary Lister of Madison, WI, Margaret Pappa of Wood-stock, IL, Jane Precht of Harlan, and Elizabeth Field of Andover, MN; four sons, Patrick Lister of Green Bay, WI, Thomas Lister of Iron Mountain, MI, Robert Lister of Hebron, IL, and John Lister of Edgewood; 12 grand-children; 11 great-grandchildren; and other relatives and friends.

The graveside service and burial was held on Monday, February 5, 2018, at the Clarinda Cemetery, Clar-inda, with Rev. Andrew Rubenking, First United Methodist Church, Clar-inda, officiating. Arthur’s loving family and friends served as casket bearers.

The Burmeister-Johannsen Funeral Home in Harlan, was in charge of the arrangements. Condolences may be left online at www.burmeisterjo-hannsen.com.

Arthur RussellLister, 89

Aug. 29, 1928 - Feb. 1, 2018

1401 Garfield Ave., Harlan Shelby

755-3177 • 877-755-3177www.burmeisterjohannsen.com

HARLAN – Donald Madsen Norgaard, son of Jens and Anna (Peterson) Norgaard, was born October 12, 1922, on a farm near Harlan. He attended grade school and high school in Harlan before leaving school after the ninth grade to work full-time at a local farm. He was inducted into the United States Army and entered active service in 1942.

Don went on to serve his coun-try overseas during World War II. While in Holland, Don led a scout patrol of ten men deep into en-emy territory, gathering invaluable intelligence with his unit that earned him the Bronze Star Medal. Later, Don’s unit came under attack in Bel-gium: he was shot in the foot, and he and his entire unit were captured before being liberated some days later by members of the French Un-derground. After a brief hospitalization, Don and his unit were sent back to the front lines in Germany. Again his unit came under attack, and this time he suffered injuries to his side, back, and legs. Don was taken as prisoner to a German hospital, where he survived for over seven months before being liberated by American soldiers when the war ended. He was honorably discharged in 1946, at which time he returned to Harlan.

Don was proud of having served his country and the recognition he earned doing so (he especially liked being interviewed about his service by students learning about WWII). In addition to earning the Bronze Star Medal, Don was awarded the Purple Heart with an Oak Leaf Cluster, EAME Campaign Medal, Good Conduct Medal, American Campaign Medal, and the WWII Victory Medal.

Back in Harlan, Don met his future bride Pearle Behrendt, and on June 1, 1949, they wed at Bethel Baptist Parsonage; they were married for 63 years, until Pearle’s death in 2013. Three sons were born to this union: Dennis, Donald, and James. Over his lifetime, Don used his talents and strong work ethic in several careers: as a mechanic at Petersen Battery, Norgaard’s DX gas station, and Lawn and Leisure; and as a school bus driver. For several years, he ran his own small engine shop, where he spent much of his time fixing lawn mowers. Don had a very strong faith in the Lord and enjoyed reading his Bible, attending church services, and singing hymns with his loud, baritone voice; he was a member of both Bethel Baptist and Grace Baptist churches. He also loved spending time with his family (especially his grandchildren, great-grandchildren and the Beach children), going out to breakfast and socializing, and occasionally indulging in a piece of pie or two--he liked to brag that Pearle’s was the best in the country.

Don died on Monday, January 29, 2018, at Salem Lutheran Home in Elk Horn, attaining the age of 95 years, three months and 17 days. In addition to his parents, he was preceded in death by his wife Pearle Norgaard; son James Jay; and sisters Dorothea Lotz, Fern Morrison, and Marjorie Holloway.

Don is survived by his sons Dennis (Kathleen) Norgaard of Council Bluffs and Donald (Barb) Norgaard of Harlan; grandchildren Nancy Nor-gaard, Susan Norgaard, Aaron Dailey, and Donnie Norgaard; four great-grandchildren; siblings Alice Stowe of Kearney, MO, Lilas Brockman of Harlan, Richard (Linda) Norgaard of Ankeny; and other loving family members and friends.

Pastor Chad Hol officiated a 10:30 a.m. funeral service on Friday, February 2, 2018 at Grace Baptist Church in Harlan. Larry McDer-mott, Elliot Svendsen, Don Petersen, and Stanley Christensen served as honorary casket bearers. Wil Beach, Jack Beach, Jeff Swensen, Robert Wullschleger, Mi-chael Sciranko, Lucas Brace and Todd Brace served as casket bearers. Military Rites were conducted by Harlan American Legion Helmer Reyelt Post No. 150 and Shelby County VFW Post No. 941 at the Harlan Cemetery in Harlan.

Pauley Jones Funeral Home was in charge of the arrangements.

Donald MadsenNorgaard, 95

Oct. 12, 1922 - Jan. 29, 2018

(712) 755-3135 • (800) 831-6805www.pauleyjones.com

Baldwin at 9th, Harlan, IA1304 N. Sawmill Rd., Avoca, IA

1425 Bdwy., Denison, IA

& Pfannebecker Funeral Home

AUDUBON – Viola Mae, daughter of Henry and Wilhelmi-na (Dreager) Asmus was born April 6, 1925, at the family home in rural Audubon.

Viola attended school and graduated from Gray Community Schools in 1942. Viola was united in marriage with Magnus Ostebee by Pastor Otto at 8:30 p.m. on Au-gust 20, 1944, at Trinity Lutheran Church. The couple initially made their home near Irwin before mak-ing their home in rural Audubon County where they farmed and raised Hereford cattle and farrowed hogs. The couple was blessed with three children: Eugene, Merlene and Eileen. Eugene went to be with Je-sus in July of 1956 during open heart surgery at Iowa City. Magnus was called to his eternal home in February 1966. Despite these challenges, Viola remained on the farm maintaining the farm and the livestock while raising her two other children.

Viola was a lifelong member of Trinity Lutheran Church in rural Audu-bon until it was moved to a historical site in May 2006. Then she became a member of Zion Lutheran Church in Manning until she was no longer able to drive. She then enjoyed attending evening services at Peace Lu-theran Church in Harlan with her son, where she was an active member at the time of her death.

Viola was definitely a farm girl. She loved being outside tending her flowers and garden, doing daily chores and working with the cattle, whom she all knew personally. Viola had a heart bigger than life and enjoyed piecing together quilts for family and friends, as well for Lutheran World Relief. Most importantly Viola had a contagious love for the lord. She was rock solid in her faith and this made her the pillar of her family and the tremendous wife, mother and grandma we cherished.

Viola died January 30, 2018 at Manning Regional Healthcare Center at the age of 92 years, 9 months and 24 days.

Welcoming Viola at heaven’s gates in addition to her parents, husband and son were her daughter Eileen in 2005 and her brothers Arnold, Earl and Harold Asmus.

Left to grieve Viola are her son Reverend Merlene (Joyce) Ostebee of Audubon and son-in-law Ron (Kay) Sporrer of Anderson, SC; grand-children: Bridget (John) Cunningham of Stewartville, MN; Aaron (and special friend Adriane) Ostebee of Easley SC; Heath (Sitton) Ostebee of Easley SC; Amber Ostebee of Rochester, MN; Lindsey Sporrer of Santa Monica, CA; and Kyle Sporrer of Corvallis, OR; great-grandchildren: Ian, Aayden, Anna and Elayna of Stewartville, MN; Halle of Easley, SC; and Ali, Lexi, Hunter and Nate of Easley SC. Also surviving Viola are sisters-in-law Darlene Asmus of Audubon and Margaret Cook of Phoenix, AZ; as well as nieces, nephews, other relatives and friends.

A funeral service was held Feb. 3 at 10:30 a.m. at Trinity Church - Hausbarn Heritage Park in Manning. Rev. Robert Riggert officiated. Casket-bearers included Aaron Ostebee, Heath Ostebee, Amber Ostebee, Bridget Cun-ningham, Tim Christensen and Stan Baack. Interment was in the Manning Cemetery.

Ohde Funeral Home was in charge of arrangements.

Viola M. Ostebee,92

April 6, 1925 - Jan. 30, 2018

Ohde Funeral Home

108 1st St P.O. Box 247Manning, IA 51455

712-655-3416

IN THE IOWA DISTRICT COURT IN AND FOR

SHELBY COUNTYCASE NO.: LACV020055

NOTICEAMY ROSS, an Individual, Plaintiffs,vs.LINCOLN PINES APARTMENTS, LLC, and WEGNER MANAGEMENTGROUP, LLC, Defendants TO: WEGNER MANAGEMENT GROUP, LLC, whose whereabouts are unknown and upon whom personal service cannot be had, Defendant in said proceedings. You are hereby notified that on the 29th day of December, 2017, Amy Ross, as Plaintiff, filed a Petition against you in the District Court of Shelby County, Iowa, Case No. LACV020055, alleging that the Plaintiff, Amy Ross, sustained personal injuries and damages as a result of an incident that occurred on or about January 7, 2016 in Harlan, Shelby County, Iowa; the object and prayer of the Petition is to obtain a judgment against you for special and general dam-ages as provided by law together with the costs of this action. You are required to answer said Petition with the Clerk of the District Court of Shelby County, Iowa on or before the 15th day of March, 2018, or said Petition against you will be taken as true and judgment rendered accordingly.

AMY ROSS, PlaintiffBy: THOMP J. PATTERMANN, #AT0006027GALLNER & PATTERMANN, P.C.300 W. Broadway, Suite 145P.O. Box 1588Council Bluffs, IA 51502Telephone: (712) 323-0999Facsimile: (712) 323-0814ATTORNEYS FOR PLAINTIFFS

(Publ. Feb. 9, 16 and 23, 2018)

Public NoticeTRUSTEE’S NOTICE TO

CREDITORS,HEIRS,

SPOUSE, AND BENEFICIARIES

IN THE MATTER OFTHE JAMES E. JUHL TRUST TO ALL PERSONS REGARDING James E. Juhl, deceased, who died on or about January 13, 2018. You are hereby notified that Monna J. Juhl, is the trustee of the James E. Juhl Trust dated October 12, 2017. Any action to contest the validity of the trust must be brought in the District Court of Shelby County, Iowa, within the later to oc-cur of four months from the date of second publication of this notice, or thirty days from the date of mailing this notice to all heirs of the decedent settlor and the spouse of the decedent settlor whose identities are reasonably ascertainable. Any suit not filed within this period shall be forever barred. Notice is further given that any person or entity possessing a claim against the trust must mail proof of the claim to the trustee at the address listed below via certified mail, return receipt requested, by the later to occur of four months from the second publication of this notice or thirty days from the date of mailing this notice if required, or the claim shall be forever barred, unless paid or otherwise satisfied. Dated this February 5, 2018.

James E. Juhl Trust dated October 12, 2017

Monna J. Juhl, Trustee2018 Tivoli St.

Elk Horn, IA 51531Daniel P. FischerHall Hudson Fischer, P.C.502 Market St.; P.O. Box 726Harlan, IA 51537-0726Phone: (712) 755-2111 / Fax: (712) 755-2112Attorney for Trustee Date of second publication the 16th day of February, 2018.

(Publ. NA Feb. 9 and 16, 2018)

Public Notice Public NoticeIN THE IOWA

DISTRICT COURT IN AND FOR

SHELBY COUNTYProbate No. ESPR014037

NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTORS, AND

NOTICE TO CREDITORSIN THE MATTER OFTHE ESTATE OFALICE A. CLEMONS TO ALL PERSONS INTERESTED IN THE ESTATE OF ALICE A. CLEMONS, DE-CEASED, who died on or about December 31, 2017: YOU ARE HEREBY NOTIFIED that on January 26, 2018, the Last Will and Testament of Alice A. Clemons, deceased, bearing the date of November 30, 2000 was admitted to probate in the above named Court and that Carole A. Gaskill and Dale L. Clemons were appointed Executors of the estate. Any action to set aside the Will must be brought in the District Court of said County within the later to occur of four months from the date of the second publi-cation of this Notice or one month from the date of mailing of this Notice to all heirs of the decedent and devisees under the Will whose identities are reasonably ascertain-able, or thereafter be forever barred. NOTICE IS FURTHER GIVEN that all persons indebted to the estate are re-quested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the Clerk of the above named District Court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the second publication of this Notice or one month from the date of mailing of this Notice (unless oth-erwise allowed or paid) a claim is thereafter forever barred. Dated this 26th day of January, 2018.

Carole A. Gaskill40 Penn Oaks #3

North Liberty, IA 52317Dale L. Clemons

1515 Road M-477Kirkman, IA 51447

Executors of the EstateMatthew J. HudsonHall Hudson Fischer, P.C.502 Market St; P.O. Box 726Harlan, Iowa 51537Phone: (712) 755-2111 / Fax: (712) 755-2112Attorney for Executors Date of Second Publication: 9th day of February, 2018.

(Publ. NA Feb. 2 and 9, 2018)

Public Notice Public Notice50th Street, Suite 100, West Des Moines, IA 50266.

NOTICE The plaintiff has elected foreclosure without redemption. This means that the sale of the mortgaged property will occur promptly after entry of judgment unless you file a written demand with the court to delay the sale. If you file a written demand, the sale will be delayed until twelve months (or six months if the petition includes a waiver of deficiency judgment) from the entry of judgment if the mortgaged property is your resi-dence and is a one-family or two-family dwelling or until two months from entry of judgment if the mortgaged property is not your residence or is your residence but not a one-family or two-family dwell-ing. You will have no right of redemption after the sale. The purchaser at the sale will be entitled to immediate possession of the mortgaged property. You may purchase at the sale. You must serve a motion or answer on or before 2nd day of March, 2018, and within a reasonable time thereafter, you must file your motion or answer with the Clerk of Court for Shelby County, at the county courthouse in Harlan, Iowa. If you fail to respond, judgment by default may be ren-dered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in a court action because of a disability, immediately call your District ADA Coordinator at 712-328-5733. If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942. This case has been filed in a county that utilizes electronic filing. You may find more information and general rules governing electronic filing in Iowa Court Rules Chapter 16. You may find information concerning protection of personal information in court filings in Iowa Court Rules Chapter 16, Division VI.By: ________________________CLERK OF THE ABOVE COURT Shelby County Courthouse 612 Court Street, P.O. Box 431Harlan, IA 51537-0431

IMPORTANT:YOU ARE ADVISED TO SEEK LEGAL

ADVICE AT ONCE TO PROTECT YOUR INTERESTS.

(Publ. NA Jan. 26, Feb. 2 and 9, 2018)

THE IOWA DISTRICT COURT

SHELBY COUNTYCASE NO. EQCV019914

ORIGINAL NOTICECITY OF DEFIANCE, IOWA, Plaintiff,vs.DAVID JOHN SCHABEN, ET AL., Defendant.TO DAVID JOHN SCHABEN: You are notified that a Petition has been filed in the office of the Clerk of this Court naming you as a Defendant in this action, which Petition prays for title to abandoned property owned by David John Schaben located at 302 5th Street, Defiance, Iowa, and legally described as follows: Lots 7, 8, 9 and 10 in Block 6 in the Original Town of Defiance, Iowa. The name and address of the attorney for the Plaintiff is Marcus Gross, Jr. The attorney’s phone number is 712-755-3141; facsimile number: 712-755-3144. You must serve a motion or answer on or before March 16, 2018, and within a rea-sonable time thereafter, file your motion or answer with the Clerk of Court for SHELBY County, at the courthouse in HARLAN, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. You are further notified that the above case has been filed in a county that utilizes electronic filing. Please see Iowa Court Rules Chapter 16 for information on elec-tronic filing and Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings. If you require the assistance of auxiliary aids or services to participate in court be-cause of a disability, immediately call your district ADA coordinator at (712) 328-5883. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS

(Publ. NA Feb. 9, 16 and 23, 2018)

IN THE IOWA DISTRICT

COURT OF SHELBY COUNTYEQUITY NO: EQCV019974

ORIGINAL NOTICE FOR PUBLICATIONU.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation TrustPlaintiff,vs.Randall L Rademacker a/k/a Randall Rademacker; Rebecca J Rademacker a/k/a Rebecca Rademacker; Parties in Possession; Dupaco Community d/b/a Dupaco Community Credit Union; Unknown Spouse, if any, of Randall L Rademacker; Unknown Spouse, if any, of Rebecca J Rademacker, et al.Defendants. You are notified that a petition has been filed in the office of this court naming you as a defendant in this action. The petition was filed on April 28, 2017, and prays for foreclosure of Plaintiffs Mortgage in favor of the Plaintiff on the property described in this notice and judgment for the unpaid principal amount of $55,573.68, with 7.03% per annum interest thereon from June 30, 2016, together with late charges, advances and the costs of the action including (but not limited to) title costs and reasonable at-torney’s fees, as well as a request that said sums be declared a lien upon the following described premises from August 24, 2004, located in Shelby county, Iowa: THE FOLLOWING DESCRIBED REAL ESTATE IN SHELBY COUNTY, IOWA: LOTS 4 AND 5 IN BLOCK 15 IN THE TOWN OF IRWIN, IOWA. TAX MAP OR PARCEL ID NO.: 832111015041, More Correctly Described As: Lots 4 and 5 in Block 15 in the TOWN OF IRWIN, Shelby County, Iowa, com-monly known as 206 Eve Street, Irwin, IA 51446 (the “Property”) The petition further prays that the Mort-gage on the above described real estate be foreclosed, that a special execution issue for the sale of as much of the mortgaged prem-ises as is necessary to satisfy the judgment and for other relief as the Court deems just and equitable. For further details, please review the petition on file in the clerk’s office. The Plaintiffs attorney is James Larson, of SouthLaw, P.C.; whose address is 1401

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