Preview
Filed in Thurston District Court
** EFILED **
Case Number: D55C1240000007
Transaction ID: 0021245289
Filing Date: 03/01/2024 11:00:09 AM CST
IN THE DISTRICT COURT OF THURSTON COUNTY, NEBRASKA
BLAISE LAND HOLDINGS LLC, CASE NO.
A Nebraska Limited Liability Company,
Plaintiff,
COMPLAINT
vs. (Equity)
TIMOTHY HIGGINS; JANE DOE, SPOUSE OF
TIMOTHY HIGGINS, REAL NAME UNKNOWN;
and JAMES DOE, REAL NAME UNKNOWN,
Defendants.
COMES NOW the Plaintiff, BLAISE LAND HOLDINGS LLC, A Nebraska Limited Liability
Company, and for its cause of action against the Defendants and each of them states and
alleges as follows:
1 Plaintiff is the owner and holder of Tax Sale Certificate No. 1S211118
(“Certificate”) which was purchased by BLAISE LAND HOLDINGS LLC from the Thurston County
Treasurer at public sale, after being regularly advertised and offered and sold on or about for
delinquent real estate taxes thereon for the years set forth on the Certificate, under the
provisions of Neb. Rev. Stat. § 77-1801 et seq. (Reissue 1990) and amendments, said Certificate
being issued by the Thurston County Treasurer as provided by law. Plaintiff, BLAISE LAND
HOLDINGS LLC, is therefore entitled to foreclose on the real estate for payment of the purchased
Certificate.
2 A copy of the Tax Sale Certificate No. TS211118 issued by the Thurston County
Treasurer to Plaintiff, BLAISE LAND HOLDINGS LLC, is attached hereto as Exhibit “A”, and
incorporated herein by this reference. The Certificate constitutes a first and superior lien in and
to the following described real estate located in Thurston County, Nebraska, to wit:
Lot 7 and the West half of Lot 8, Block 16, Peebles Main Street Addition to the
Village of Pender, Thurston County, Nebraska (the “Real Estate”).
3 Timothy Higgins appears to be the owner of record title to the Real Estate and the
other named defendants may claim an interest in the Real Estate, but all interests are inferior,
junior and subject to the lien of Plaintiff.
4 The Real Estate was subject to taxation for the state governmental subdivisions
and municipalities and subject to special assessments for the years and in the amounts set forth
therein and each and every item of tax and special assessment was duly and lawfully levied and
assessed by the proper officials upon the Real Estate. All proceedings with respect to each such
item of tax and special assessment were legal and lawful and all requirements and prerequisites
of law were met and complied with by all officers and persons whose duty it was to have any part
therein. All such taxes and assessments so levied are valid existing liens upon the Real Estate.
Subsequent regular taxes for the years indicated were duly levied and assessed against the Real
Estate in the amounts hereinafter specified and have become and are now added liens against
the Real Estate.
5. The Real Estate was and is in the assessment district duly created as provided by
law and there were subsequent taxes and assessments duly levied against the Real Estate
specifically assessed on the date and in the amounts, bearing interest, as hereinafter set forth,
which may have been purchased by the Plaintiff or remain unpaid, and constitute a lien on the
Real Estate.
6. The Certificate has not been redeemed, nor have the subsequent taxes or special
assessments been reduced or paid or any part thereof and there is due thereon to the Plaintiff,
the owner of the Certificate, from the Defendants the amount of the Certificate and for
subsequent general taxes with interest at fourteen (14) percent per annum from the several
dates of delinquency thereof. Plaintiff has a first and paramount lien on the real estate described
in the Certificate for the total amount of said taxes, interest and charges thereon and the Plaintiff
is entitled to foreclosure thereof. The interest, if any, of each and all of the Defendants herein in
and to the Real Estate is inferior, junior, and subject to the lien of Plaintiff.
7. The taxes due under the Certificate are for the 2019 taxes in the amount of
$555.92, plus advertising and interest at the rate of 14% per annum.
8. The amount of subsequent taxes paid by the Purchaser for the years 2020, 2021,
2022 is: $3,882.08.
9 Interest has accrued on the taxes assessed. The amount of interest to March 1,
2024 is: $1,086.61.
10. Defendants are owners of the Real Estate, or are in possession thereof, or claim
or appear to have some interest therein or lien thereon, as alleged, the Defendants designated
as spouses of the Defendants appear to have some interest therein by reason of such marital
relation but that whatever right, title or interest the Defendants or any of them may claim to or
appearto have are inferior, junior and subject to the lien of Plaintiff.
11. In all instances where any person owning, claiming or appearing to have any
interest in the Real Estate conveyed his or her interest by instrument appearing of record without
his or her marital status being shown of record without any conveyance of record by his or her
spouse, Plaintiff and its attorneys have made diligent investigation and inquiry but, after diligent
=D=
investigation and inquiry, have been unable to ascertain and do not know whether such person
or persons were married or single, except as herein alleged; or, if married, the name, residence
or whereabouts, if in this state, or any such spouse, or the names, residences, places of abode or
whereabouts, if in this state, or the heirs, devisees, legatees, personal representative or other
persons interested in the estates of such spouses; and any that there may be are joined as
Defendants herein under the designation any and all persons who have or claim some lien upon
or interest in the Real Estate, real names unknown.
12. Upon information and belief, none of the Defendants involved in this action or
being otherwise named, designated or referred to in this action, are or within three months last
past engaged in the military or naval service of the United States and are thereby entitled to the
benefits of the Servicemembers Civil Relief Act.
13. Three years have elapsed since the sale of the taxes represented by the Certificate
and by reason thereof, the right of redemption of the owners or claimants of the Real Estate has
expired and should be foreclosed.
14. Plaintiff has incurred costs and expenses, including but not limited to, filing fees,
service fees, and title search of no less than $299.00, which Plaintiff is entitled to recover as costs
herein and which total amount will be proven at the time of trial.
15. Plaintiff is entitled to an attorney’s fee for its attorney of record herein as provided
by Neb. Rev. Stat. § 77-1909 in the amount equal to ten percent (10%) of the amount due for
taxes, interest and costs to be taxed as costs in this action. Pursuant to Neb. Rev. Stat. § 77-1917,
if the Certificate is redeemed before judgment entered herein, Plaintiff is further entitled to
attorney’s fees in an amount equal to ten percent (10%) of the amount due for taxes, interest
and costs.
WHEREFORE, Plaintiff prays that a decree be entered finding and decreeing as follows:
1 For a decree finding in favor of Plaintiff, that the taxes and assessments herein
claimed may be decreed and held to be liens upon the Real Estate, as provided by law, and that
upon establishment of such a lien, the Real Estate, which remains unredeemed, be sold at public
sale to satisfy the decree so entered together with interest and costs subject only to unpaid real
property taxes not purchased by the Plaintiff.
2 The items of tax claimed were duly assessed and levied by the proper authorities
according to law in the separate and several amounts and for the years claimed upon the Real
Estate.
3 The Real Estate was subject to taxation for state, county, city, school district, and
municipal and public purposes.
4. Plaintiff has a valid, prior, paramount and first lien upon the Real Estate for the
amount of taxes assessed and levied against the Real Estate subject only to any unpaid real
43s
property taxes not purchased by the Plaintiff and Plaintiff is entitled to foreclosure of that lien
subject only to any lien for subsequent unpaid real property taxes assessed and levied upon the
Real Estate.
5. That all rights, title, interests, lien, and claim of the Defendants and each be
determined and found to be subsequent, inferior, junior and subject to the lien of Plaintiff.
6. That an accounting be taken on the amount due and owing to Plaintiff under and
by virtue of the Certificate and its lien for unpaid taxes, plus interest, costs and attorney fees as
provided by law.
7 That the Defendants or some of them be ordered and directed to pay the
Plaintiffs sums as stated and in default of such payments for 20 days from the entry of the
decree, that an order of sale be issued and said Real Estate be sold for the satisfaction of said lien
as provided by law.
8 That this is an action in rem against the Real Estate herein.
9. That upon the sale of the Real Estate and upon the payment by the purchaser of
all subsequent taxes which shall have accrued, the purchasers thereof take good and indefeasible
title to the Real Estate purchased subject only to any unpaid real property taxes not foreclosed
upon in this action, and be placed in possession thereof upon confirmation of sale.
10. That the Defendants and each of them be foreclosed and forever barred of all
right, title, interest, lien, claims upon, or equity of redemption to the Real Estate upon the
confirmation of the sale.
11. That the Plaintiff recover its costs herein expended, including attorney's fees
authorized by statute, and for such other and further relief as the Court deems just and equitable.
12. The Pioktshal have othe! r relief as the Court may deem just and equitable.
Dated this day of
NW 2024.
BLAISE LAND HOLDINGS LLC, Plaintiff
» ONY
Marc Odbaard, #21988
920 S. 107" Avenue, Suite 250
Omaha, NE 68114
402-502-1000 Ext. 1725
Fax: 402-513-6483
m odgaard@eleventalents.com
Attorney for Plaintiff
-4-
“}HURSTON COUNTY TREASURER —
PUBLIC TAX SALE CERTIFICATE
STATE OF NEBRASKA
|, ROBIN CHRISTIANSEN , Treasurer of THU! IRSTON County in the State of Nebraska do hereby certify that the following
described real estate in said County and Stat fe was duly sold for taxes at PUBLIC SALE in the manner provided by law. | furthe
certify that unless redemption is made of sai id real estate taxes in the manner provided by law, the stated purchasers, heirs or
assigns, will be entitled to a deed therefore on and after three years from the date of purchase, on surrender of this Certificate,
and compliance with the provisions required by law.
Owner Name: HIGGINS, TIMOTHY M
Fee: 20.00
Purchaser: Blaise Land Holdings LLC Assigned To:
ID# 9016 13575 Lynam Drive Date:
Omaha, NE 68138
Certificate Number: 78211118
Tax Years Sold For: 2019 (2ND)
Amount of Certificate, Including Interest and Advertising: 555.92
Legal Description: Parcel # 0003240008 Perm ID # 0003240008
BLOCK: 16 LOT: 7 AND W2 LOT 8 ADDITION:
PEEBLES MAIN STREET ADD.
Date of Sale: 03/01/2021
Last Date of Redemption: 03/01/2024
In Witness whereof, | hereunto set my hand seal on the day of: 03/01/2021
Sy, 4
ail
Kein. Quaish Gmndovy
ROBIN CHRISTIANSEN BY DEPUTY
THURSTON COUNTY TREASURER
SUBSEQUENT TAXES: May be purchased as they become delinquent.
Date of Redemption:
Redemption Number:
Amount of Redemption:
Redeemed by:
Sales of delinquent taxes are conducted pursuant to Neb. Rev. Stat. 77-1801 et seq.
Preview
Filed in Thurston District Court ** EFILED ** Case Number: D55C1240000007 Transaction ID: 0021245289 Filing Date: 03/01/2024 11:00:09 AM CST IN THE DISTRICT COURT OF THURSTON COUNTY, NEBRASKA BLAISE LAND HOLDINGS LLC, CASE NO. A Nebraska Limited Liability Company, Plaintiff, COMPLAINT vs. (Equity) TIMOTHY HIGGINS; JANE DOE, SPOUSE OF TIMOTHY HIGGINS, REAL NAME UNKNOWN; and JAMES DOE, REAL NAME UNKNOWN, Defendants. COMES NOW the Plaintiff, BLAISE LAND HOLDINGS LLC, A Nebraska Limited Liability Company, and for its cause of action against the Defendants and each of them states and alleges as follows: 1 Plaintiff is the owner and holder of Tax Sale Certificate No. 1S211118 (“Certificate”) which was purchased by BLAISE LAND HOLDINGS LLC from the Thurston County Treasurer at public sale, after being regularly advertised and offered and sold on or about for delinquent real estate taxes thereon for the years set forth on the Certificate, under the provisions of Neb. Rev. Stat. § 77-1801 et seq. (Reissue 1990) and amendments, said Certificate being issued by the Thurston County Treasurer as provided by law. Plaintiff, BLAISE LAND HOLDINGS LLC, is therefore entitled to foreclose on the real estate for payment of the purchased Certificate. 2 A copy of the Tax Sale Certificate No. TS211118 issued by the Thurston County Treasurer to Plaintiff, BLAISE LAND HOLDINGS LLC, is attached hereto as Exhibit “A”, and incorporated herein by this reference. The Certificate constitutes a first and superior lien in and to the following described real estate located in Thurston County, Nebraska, to wit: Lot 7 and the West half of Lot 8, Block 16, Peebles Main Street Addition to the Village of Pender, Thurston County, Nebraska (the “Real Estate”). 3 Timothy Higgins appears to be the owner of record title to the Real Estate and the other named defendants may claim an interest in the Real Estate, but all interests are inferior, junior and subject to the lien of Plaintiff. 4 The Real Estate was subject to taxation for the state governmental subdivisions and municipalities and subject to special assessments for the years and in the amounts set forth therein and each and every item of tax and special assessment was duly and lawfully levied and assessed by the proper officials upon the Real Estate. All proceedings with respect to each such item of tax and special assessment were legal and lawful and all requirements and prerequisites of law were met and complied with by all officers and persons whose duty it was to have any part therein. All such taxes and assessments so levied are valid existing liens upon the Real Estate. Subsequent regular taxes for the years indicated were duly levied and assessed against the Real Estate in the amounts hereinafter specified and have become and are now added liens against the Real Estate. 5. The Real Estate was and is in the assessment district duly created as provided by law and there were subsequent taxes and assessments duly levied against the Real Estate specifically assessed on the date and in the amounts, bearing interest, as hereinafter set forth, which may have been purchased by the Plaintiff or remain unpaid, and constitute a lien on the Real Estate. 6. The Certificate has not been redeemed, nor have the subsequent taxes or special assessments been reduced or paid or any part thereof and there is due thereon to the Plaintiff, the owner of the Certificate, from the Defendants the amount of the Certificate and for subsequent general taxes with interest at fourteen (14) percent per annum from the several dates of delinquency thereof. Plaintiff has a first and paramount lien on the real estate described in the Certificate for the total amount of said taxes, interest and charges thereon and the Plaintiff is entitled to foreclosure thereof. The interest, if any, of each and all of the Defendants herein in and to the Real Estate is inferior, junior, and subject to the lien of Plaintiff. 7. The taxes due under the Certificate are for the 2019 taxes in the amount of $555.92, plus advertising and interest at the rate of 14% per annum. 8. The amount of subsequent taxes paid by the Purchaser for the years 2020, 2021, 2022 is: $3,882.08. 9 Interest has accrued on the taxes assessed. The amount of interest to March 1, 2024 is: $1,086.61. 10. Defendants are owners of the Real Estate, or are in possession thereof, or claim or appear to have some interest therein or lien thereon, as alleged, the Defendants designated as spouses of the Defendants appear to have some interest therein by reason of such marital relation but that whatever right, title or interest the Defendants or any of them may claim to or appearto have are inferior, junior and subject to the lien of Plaintiff. 11. In all instances where any person owning, claiming or appearing to have any interest in the Real Estate conveyed his or her interest by instrument appearing of record without his or her marital status being shown of record without any conveyance of record by his or her spouse, Plaintiff and its attorneys have made diligent investigation and inquiry but, after diligent =D= investigation and inquiry, have been unable to ascertain and do not know whether such person or persons were married or single, except as herein alleged; or, if married, the name, residence or whereabouts, if in this state, or any such spouse, or the names, residences, places of abode or whereabouts, if in this state, or the heirs, devisees, legatees, personal representative or other persons interested in the estates of such spouses; and any that there may be are joined as Defendants herein under the designation any and all persons who have or claim some lien upon or interest in the Real Estate, real names unknown. 12. Upon information and belief, none of the Defendants involved in this action or being otherwise named, designated or referred to in this action, are or within three months last past engaged in the military or naval service of the United States and are thereby entitled to the benefits of the Servicemembers Civil Relief Act. 13. Three years have elapsed since the sale of the taxes represented by the Certificate and by reason thereof, the right of redemption of the owners or claimants of the Real Estate has expired and should be foreclosed. 14. Plaintiff has incurred costs and expenses, including but not limited to, filing fees, service fees, and title search of no less than $299.00, which Plaintiff is entitled to recover as costs herein and which total amount will be proven at the time of trial. 15. Plaintiff is entitled to an attorney’s fee for its attorney of record herein as provided by Neb. Rev. Stat. § 77-1909 in the amount equal to ten percent (10%) of the amount due for taxes, interest and costs to be taxed as costs in this action. Pursuant to Neb. Rev. Stat. § 77-1917, if the Certificate is redeemed before judgment entered herein, Plaintiff is further entitled to attorney’s fees in an amount equal to ten percent (10%) of the amount due for taxes, interest and costs. WHEREFORE, Plaintiff prays that a decree be entered finding and decreeing as follows: 1 For a decree finding in favor of Plaintiff, that the taxes and assessments herein claimed may be decreed and held to be liens upon the Real Estate, as provided by law, and that upon establishment of such a lien, the Real Estate, which remains unredeemed, be sold at public sale to satisfy the decree so entered together with interest and costs subject only to unpaid real property taxes not purchased by the Plaintiff. 2 The items of tax claimed were duly assessed and levied by the proper authorities according to law in the separate and several amounts and for the years claimed upon the Real Estate. 3 The Real Estate was subject to taxation for state, county, city, school district, and municipal and public purposes. 4. Plaintiff has a valid, prior, paramount and first lien upon the Real Estate for the amount of taxes assessed and levied against the Real Estate subject only to any unpaid real 43s property taxes not purchased by the Plaintiff and Plaintiff is entitled to foreclosure of that lien subject only to any lien for subsequent unpaid real property taxes assessed and levied upon the Real Estate. 5. That all rights, title, interests, lien, and claim of the Defendants and each be determined and found to be subsequent, inferior, junior and subject to the lien of Plaintiff. 6. That an accounting be taken on the amount due and owing to Plaintiff under and by virtue of the Certificate and its lien for unpaid taxes, plus interest, costs and attorney fees as provided by law. 7 That the Defendants or some of them be ordered and directed to pay the Plaintiffs sums as stated and in default of such payments for 20 days from the entry of the decree, that an order of sale be issued and said Real Estate be sold for the satisfaction of said lien as provided by law. 8 That this is an action in rem against the Real Estate herein. 9. That upon the sale of the Real Estate and upon the payment by the purchaser of all subsequent taxes which shall have accrued, the purchasers thereof take good and indefeasible title to the Real Estate purchased subject only to any unpaid real property taxes not foreclosed upon in this action, and be placed in possession thereof upon confirmation of sale. 10. That the Defendants and each of them be foreclosed and forever barred of all right, title, interest, lien, claims upon, or equity of redemption to the Real Estate upon the confirmation of the sale. 11. That the Plaintiff recover its costs herein expended, including attorney's fees authorized by statute, and for such other and further relief as the Court deems just and equitable. 12. The Pioktshal have othe! r relief as the Court may deem just and equitable. Dated this day of NW 2024. BLAISE LAND HOLDINGS LLC, Plaintiff » ONY Marc Odbaard, #21988 920 S. 107" Avenue, Suite 250 Omaha, NE 68114 402-502-1000 Ext. 1725 Fax: 402-513-6483 m odgaard@eleventalents.com Attorney for Plaintiff -4- “}HURSTON COUNTY TREASURER — PUBLIC TAX SALE CERTIFICATE STATE OF NEBRASKA |, ROBIN CHRISTIANSEN , Treasurer of THU! IRSTON County in the State of Nebraska do hereby certify that the following described real estate in said County and Stat fe was duly sold for taxes at PUBLIC SALE in the manner provided by law. | furthe certify that unless redemption is made of sai id real estate taxes in the manner provided by law, the stated purchasers, heirs or assigns, will be entitled to a deed therefore on and after three years from the date of purchase, on surrender of this Certificate, and compliance with the provisions required by law. Owner Name: HIGGINS, TIMOTHY M Fee: 20.00 Purchaser: Blaise Land Holdings LLC Assigned To: ID# 9016 13575 Lynam Drive Date: Omaha, NE 68138 Certificate Number: 78211118 Tax Years Sold For: 2019 (2ND) Amount of Certificate, Including Interest and Advertising: 555.92 Legal Description: Parcel # 0003240008 Perm ID # 0003240008 BLOCK: 16 LOT: 7 AND W2 LOT 8 ADDITION: PEEBLES MAIN STREET ADD. Date of Sale: 03/01/2021 Last Date of Redemption: 03/01/2024 In Witness whereof, | hereunto set my hand seal on the day of: 03/01/2021 Sy, 4 ail Kein. Quaish Gmndovy ROBIN CHRISTIANSEN BY DEPUTY THURSTON COUNTY TREASURER SUBSEQUENT TAXES: May be purchased as they become delinquent. Date of Redemption: Redemption Number: Amount of Redemption: Redeemed by: Sales of delinquent taxes are conducted pursuant to Neb. Rev. Stat. 77-1801 et seq.