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Summons: Hildebrandt

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Legal Notice

STATE OF WISCONSIN,

circuit COURT

ST. CROIX COUNTY

Summons

Case Number: 08CV1102

Case Code: 30303

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anchorbank, fsb

f/k/a S&C Bank,

25 West Main Street

PO Box 7933

Madison, WI 53708

Plaintiff,

v.

david w. hildebrandt,

730 Spring Street

Somerset, WI 54025

Defendant.

THE STATE OF WISCONSIN, To each person named above as a DEFENDANT:

You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is attached, states the nature and basis of the legal action.

Within 20 days of receiving this summons (45 days if you are the State of Wisconsin or an insurance company, 60 days if you are the United States of America), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is St. Croix County - Clerk of Court, St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI 54016, and to Nicholas J. Vivian, Plaintiff's attorney, whose address is ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P., 1809 Northwestern Avenue, Stillwater, Minnesota, 55082. You may have an attorney help or represent you.

If you do not provide a proper answer within 20 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

Dated: September 15, 2008

ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.

By: Nicholas J. Vivian, Esq.

Attorney for PLAINTIFF

State Bar I.D. No.: 1047165

1809 Northwestern Avenue

Stillwater, Minnesota 55082

(651) 439-2878

Pursuant to the Fair Debt Collection Practices Act (15 U.S.C. Section 1692), we are required to state that we are attempting to collect a debt on our client's behalf and nay information we obtain will be used for that purpose.

STATE OF WISCONSIN,

circuit COURT

ST. CROIX COUNTY

Complaint

Case Number: 08CV1102

Case Code: 30303

anchorbank, fsb

f/k/a S&C Bank,

Plaintiff,

v.

david w. hildebrandt,

Defendant.

Plaintiff, AnchorBank, fsb f/k/a S&C Bank ("Plaintiff"), by its attorneys, ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, PLLP, for its claim against Defendant, states and alleges as follows:

PARTIES

1. Plaintiff is a federally chartered banking institution with its principal place of business located at 25 West Main Street, City of Madison, County of Dane, State of Wisconsin 53708.

2. Upon information and belief David W. Hildebrandt ("Defendant") is an adult resident of the State of Wisconsin with his home address located at 730 Spring Street, Somerset, Wisconsin 54025.

THE LOAN

3. On or about May 6, 2003, Defendant executed and delivered to the Bank a Promissory Note (the "Note") in the principal amount of Twenty-Four Thousand Six Hundred Seventy-Nine Dollars and No Cents ($24,679.00). A true and correct copy of the Promissory Note is attached hereto and incorporated by reference as Exhibit A.

4. To secure payment of the Note, on or about May 6, 2006, Defendant executed and delivered Plaintiff that certain Consumer Security Agreement pursuant to which Defendant granted Plaintiff a security interest in a John Deere Lawn Tractor, Engine #CH3043DO11563; Mower Deck #M0016OX639040; and Tiller #TY0550E012183 (the "Collateral"). A true and correct copy of the Consumer Security Agreement is attached hereto and incorporated by reference as Exhibit B.

5. Pursuant to the Consumer Security Agreement, Plaintiff acquired security interests in the Collateral. Plaintiff's security interest in the Collateral has been perfected by the filing of a UCC Financing Statement. Said Financing Statement is attached hereto as Exhibit C.

THE DEFAULT

6. Defendant has defaulted upon the Note for reasons which include, but are not limited to, failure to make the loan payments obligated under the terms of the Note.

7. Following the Defendant's default, notices of default were sent to the Defendant. A true and correct copy of the notices of default are attached hereto as Exhibit C and incorporated by reference.

8. Because of the default described herein, all sums due under the Note have been accelerated and are now immediately due and payable in full, but Defendant has failed to pay such sum.

9. Defendant's default described herein entitles Plaintiff to exercise its rights and remedies, including its rights and remedies under the loan documents and applicable law.

AMOUNT IN DEFAULT

10. Defendant has failed to make contractual payments as required, and as of September 1, 2008, there is now due and owing to Plaintiff the principal sum of $15,763.57, together with interest accruing at a rate of $4.91 per diem.

COUNT I

Breach of Contract

11. The Bank realleges and incorporates by reference the allegations set forth in paragraphs 1 through 9 as if more fully set forth herein.

12. Defendant is in default under the terms of the Note for failing to make payments when due. All amounts due and owing by Defendant under the Note have been accelerated and are immediately payable in full. Because of Defendant's default under the Note, Plaintiff is entitled to a judgment against the Defendant for the amount due and owing under the Note.

COUNT II

Unjust Enrichment

13. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1 through 11 as if more fully set forth herein.

14. The Bank has conferred a benefit upon Defendant in an amount of $15,763.57.

15. Defendant had knowledge of the benefit conferred by the Bank.

16. Acceptance and retention of benefit by Defendant without due compensation to the Bank under the circumstances makes retention of the benefit inequitable.

COUNT III

Replevin/Claim and Delivery of Collateral

17. Plaintiff realleges and incorporates by reference the allegations set forth in paragraphs 1 through 15 as if more fully set forth herein.

18. The Consumer Security Agreement provides that upon an event of default thereunder, Plaintiff is entitled to, among other things, repossess the Collateral. Events of default as defined by the Consumer Security Agreement have occurred. Because of the event of default, and pursuant to Wis. Stats. ß409.609, the terms of the Consumer Security Agreement, and applicable law, Plaintiff is entitled, at its option, to repossess and pursue its replevin rights with respect to the Collateral.

19. Defendant has the rights to redeem the Collateral as provided by Wis. Stat. ß409.623 and the estimated amount required for redemption is $15,763.57. To date, Defendant has not notified Plaintiff of his intent to redeem the Collateral.

WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AS FOLLOWS:

1. For judgment against Defendant David W. Hildebrant, in the amount of $15,763.57

2. For an award of its attorneys' fees incurred herein;

3. For an award of its costs and disbursements;

4. That Defendant or any other person or entity in possession of the Collateral be enjoined from committing waste or doing any other act that may impair the value of the Collateral;

5. For judgment of Replevin, granting Plaintiff immediate possession of the Collateral, and for such other and further orders of the Court as are necessary to enable Plaintiff to take possession thereof; and

6. For such other and further relief, judgment or order as the Court deems just and equitable.

Dated: September 15, 2008

ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.

By: Nicholas J. Vivian, Esq. (#1047165)

Attorney for Plaintiff

1809 Northwestern Avenue

Stillwater, Minnesota 55082

(651) 439-2878

16-18L

WNAXLP

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