STATE OF SOUTH DAKOTA COUNTY OF DAVISON IN CIRCUIT COURT FIRST JUDICIAL CIRCUIT METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, vs.
STATE OF SOUTH DAKOTA
COUNTY OF
DAVISON
IN CIRCUIT COURT FIRST JUDICIAL CIRCUIT
METROPOLITAN LIFE INSURANCE COMPANY,
Plaintiff,
vs.
JAMES JOHNSON and JOAN JOHNSON, AS CO-TRUSTEES OF THE JAMES & JOAN JOHNSON LIVING TRUST DATED JULY 11, 2013, UNDER TRUST AGREEMENT DATED JULY 11, 2013, a South Dakota revocable trust; JAMES A. JOHNSON and JOAN L. JOHNSON, husband and wife; GREAT WESTERN BANK; and HOSTLER FARMS, LLC, a South Dakota limited liability company,
Defendants.
17CIV20-180
NOTICE OF
SHERIFF'S SALE
NOTICE IS HEREBY GIVEN that pursuant to the Judgment in favor of Metropolitan Life Insurance Company, filed with the Davison County Clerk of Courts on October 6, 2020 (the "Judgment") and subsequently assigned to Black Hills Asset Management, LLC ("Plaintiff') pursuant to an Assignment of Judgment filed with the Davison County Clerk of Courts on November 3, 2020, has been foreclosed and the following property which is subject to the Judgment will be sold to satisfy the debt:
Parcel I: The Southwest Quarter (SWI/4), except Johnson Tract A in the Southeast Quarter of the Southwest Quarter (SEI/4SWI/4), of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th P.M., Davison County, South Dakota; and
Parcel 2: North Half of the Northwest Quarter (NI/2NW 1/4) of Section Eighteen (I 8), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th P.M., Davison County, South Dakota; and
Parcel 3: The Northwest Quarter (NW 1/4) except the North Half (Nl/2) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th P.M., Davison County, South Dakota; and
Parcel 4: Southwest Quarter (SWl/4) of the Northeast Quarter (NEl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th
P.M., Davison County, South Dakota; and
Parcel 5: Northeast Quarter (NEl/4) of the Northeast Quarter (NEl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th P.M., Davison County, South Dakota, except Two (2) acres of land lying in the NE comer, said two acres of land are further described as 26 2/3 rods long North and South and Twelve (12) rods wide East and West measuring each way from the center of the highway; and
Parcel 6: Northwest Quarter (NWl/4) of the Northeast Quarter (NEl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th
P .M., Davison County, South Dakota.
The real estate described above is also described as:
Parcel 1: The Northwest Quarter (NW 1/4), less Lot 1 of JJJ Addition, of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62) West of the 5th P.M., Davison County, South Dakota; and
Lot 1 of JJJ Addition, in Government Lots One (1) and Two (2) and the East Half (El/2) of the Northwest Quarter (El/2NW1/4), all in Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62) West of the 5th P.M., Davison County, South Dakota; and
Parcel 2: Northwest Quarter (NWl/4) of the Northeast Quarter (NEl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th
P .M., Davison County, South Dakota; and
Parcel 3: Northeast Quarter (NEl/4) of the Northeast Quarter (NEl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two (62), West of the 5th PM., Davison County, South Dakota, except 2 acres of land lying in the Northeast corner, said 2 acres ofland are further described as 26 2/3 rods long North and South and 12 rods wide East and West measuring each way from the center of the highway; and
Parcel 4: Southwest Quarter of the Northeast Quarter (SW1/4NE1/4), of Section Eighteen (18), Township One-Hundred Four (104) North, Range Sixty-Two (62), Davison County, South Dakota; and
Parcel 5: The Southwest Quarter (SWl/4) of Section Eighteen (18), Township One Hundred Four (104) North, Range Sixty-Two ( 62), Davison County, South Dakota, except Johnson Tract A therein
(the "Real Property").
Under the direction of the Davison County Sheriff, the Real Property will be sold for cash to the highest bidder at a public auction held on December 10, 2020, at 10:00 a.m. at the front door of the Davison County Sheriffs Office, 1015 S. Miller Street, Mitchell, South Dakota 57301. The amount adjudged to be due upon the indebtedness secured by the Judgment, as set out in the Judgment is $995,702.13, as of October 6, 2020, plus interest that continues to accrue from and after October 6, 2020, as well as costs and disbursements and attorneys' fees necessarily incurred by the Plaintiff and amounts Plaintiff has advanced for receiver's fees and costs incurred from the date of the Judgment through and including the date of the Sheriff's Sale.
The interests of the Defendants in the Real Property shall be sold subject to (a) payment of all real property taxes due and owing; (b) all covenants, restrictions, reservations of record; and (c) subject to the right of redemption as provided by law.
If the sale is set aside for any reason, the Sheriff's Sale Purchaser shall be entitled only to a return of the deposit paid. The Sheriffs Sale Purchaser shall have no further recourse against Metropolitan Life Insurance Company, Plaintiff, or Plaintiff's attorney.
Dated this 12th day of November, 2020.
Steve Brink, Sheriff of Davison County, South Dakota
/s/ Dawn Grisson
By: Dawn Grisson
Its: Civic Deputy
Published 4 time(s) at the total approximate cost of $207.60.
(Nov. 18 & 25; Dec. 2 & 9, 2020) 2866583