Summons – STATE OF MINNESOTA

COUNTY OF MORRISON

DISTRICT COURT

SEVENTH

JUDICIAL DISTRICT

Case Type: 14 Other Civil

Court File No. 49-CV-17-1281

Judge: Leonard A. Weiler

SUMMONS

Ditech Financial, LLC,

Plaintiff,

v.

Susan K. Kiley, Aaron M. Kiley

Defendants.

THIS IS AN ATTEMPT TO

COLLECT A DEBT, AND ANY

INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is on file in the office of the court administrator of the above-named court. 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 Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 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:

Bradley N. Beisel

Beisel & Dunlevy, P.A.

730 Second Avenue South,

Suite 282

Minneapolis, MN 55402-2444

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 Plaintiff 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 20 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. This action involves, affects, or brings into question real property situated in the County of Morrison, commonly known as 9702 Cable Road Little Falls, MN 56345, and legally described as:

That portion of the North Half of the Southeast quarter (N 1/2 of SE 1/4 ) of Section 4, Township 128, Range 30, described as follows, to wit: Beginning at a point on the northerly right-of-way line of County State Aid Highway #14, 360 feet northeasterly from the intersection of said northerly right-of-way line with the easterly right-of-way line of Morrison County Road #222, thence at right angles to the said northerly right-of-way line northwesterly a distance of 150 feet, thence at right angles northeasterly for a distance of 120 feet, thence at right angles southeasterly to the said northerly right-of-way line of said County State Aid Highway #14, thence southwesterly along the said northerly right-of-way line to the point of beginning.

(The Subject Property)

The purpose of this action is to obtain an Order as follows:

1. Declaring pursuant to Count I that the 2014 Mortgage is to be construed as encumbering Aaron Kileys Contract for Deed vendees interest in the Subject Property.

2. Further declaring pursuant to Count I that the Contract for Deed shall be construed as amended by replacing reference to Aaron paying the 2007 Mortgage to him paying the 2014 Mortgage.

3. In the alternative to the foregoing, declaring pursuant to Count II that Plaintiff is entitled to have an equitable lien imposed on the Subject Property in the amount of the outstanding balance of the 2014 Mortgage, or in such other amounts as will fully secure the debts that were intended to be secured by the 2014 Mortgage.

4. In the alternative to the foregoing, declaring pursuant to Count III that Aaron has consented to, taken the benefits of, ratified and is estopped to deny the validity of the 2014 Mortgage as a valid and enforceable lien against his interests in the Subject Property.

5. For such other and further relief as the Court deems just and equitable.

557.03 NOTICE OF

NO PERSONAL CLAIM

Pursuant to Minn. Stat. 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.

Dated: September 6, 2017

BEISEL & DUNLEVY, P.A.

By /s/ Bradley N. BeiselBradley N. Beisel (#6191)

730 Second Avenue South,

Suite 282

Minneapolis, MN 55402

Ph: (612) 767-4839

Attorneys for Plaintiff

PUBLISH: September 10, 17, 24, 2017 (731925)

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