Steven C. Reed, Personal Representative of the Estate of Glen Franklin Wilder vs. Philip R. Wirt, Thomas J. Brown andMary R. Brown, etal

In the Circuit Court of Daviess County, Missouri

Division I

Case No. CV305-42CC

Steven C. Reed, Personal Representative of the Estate of Glen Franklin Wilder, Deceased, Plaintiff

v.

Philip R. Wirt,

Thomas J. Brown and

Mary R. Brown,

If living, THEIR UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, DONEES, ALIENEES, LEGATEES, ADMINISTRATORS, EXECUTORS, PERSONAL REPRESENTATIVES, GUARDIANS, CONSERVATORS, MORTGAGEES, TRUSTEES, AND LEGAL REPRESENTATIVES AND ALL OTHER PERSONS, CORPORATIONS, or SUCCESSORS CLAIMING BY, THROUGH OR UNDER THEM,

Defendants.

Notice upon order of Publication of Notice

The State of Missouri to defendants and such unknown person, persons, heirs, devisees, grantees, assignees, donees, alienees, legatees, administrators, executors, guardians, mortgagees, trustees, and legal representatives and all other persons, corporations, or successors claiming by, through or under them:

You are hereby notified that an action has been commenced against you in the Circuit Court for the County of Daviess, Missouri, affecting the title to the following described lands and tenements, to-wit:

A tract of land in the abandoned Chicago, Rock Island and Pacific Railroad right-of-way in the Southwest Quarter of Section 17, Township 59 North, Range 27 West, Daviess County, Missouri, described as follows: Beginning at the Southwest corner of said Southwest Quarter; thence N 01 degrees 30′ 34″ West along the West line of said Section, 1,455.39 feet; thence N 88 degrees 40′ 29″ E, 568.22 feet to the Northeasterly corner of an existing building and the true point of beginning; thence S 28 degrees 44′ 14″ E along the Easterly line of said building 31.98 feet to the Southeasterly corner of said building; thence S 61 degrees 12′ 26″ W along said building 60.5 feet to the Southwesterly corner of said building; thence continuing S 61 degrees 12′ 26″ W, 30.0 feet; thence N 28 degrees 44′ 14″ W, 31.98 feet; thence N 61 degrees 12′ 26″ E, 90.5 feet to the point of beginning. Together with an easement for egress and ingress 20 feet in width, 10 feet either side of the center line described as: beginning at a point on the Northerly right-of-way line of State Route 6 that is N 01degree 30′ 34″ W, 1,595.16 feet and N 88 degrees 40′ 29″ E, 1,075.14 feet of the Southwest corner of Section 17, Township 59 North, Range 27 West; thence N 16 degrees 18′ 33″ W, 25.63 feet; thence N 76 degrees 14′ 53″ W, 80.13 feet; thence S 76 degrees 54′ 08″ W, 75.99 feet; thence S 59 degrees 41′ 59″ W, 143.54 feet; thence S 61 degrees 34′ 26″ W, 146.04 feet, to a point being 10.0 feet North of the Northwesterly corner of an existing building; thence S 62 degrees 46′ 35″ W, 87.69 feet to a point 10 feet N 62 degrees 46′ 35″ E of an existing building; thence S 28 degrees 44′ 14″ E parallel to and 10 feet East of the East line of an existing building, 31.70 feet to a point on a line that is 10 feet Southerly of said existing building; thence S 61 degrees 12′ 26″ W along a line 10 feet South of and parallel to the Southerly line of said building 100.45 feet to the point of terminus of this easement.

which said action is returnable 45 days from the date of first publication of this notice, during which time you may appear and answer or otherwise defend such action; otherwise Plaintiff’s petition will be taken as confessed and judgment rendered accordingly.

The names of all the parties to said suit are stated above in the caption hereof and the name and address of the attorney for plaintiffs is Michael D. Arnold, 109 East Jackson, Gallatin, MO 64640.

You are further notified that, unless you file an answer or other pleading or shall otherwise appear and defend against the aforesaid petition within 45 days after the 25th day of May, 2005, judgment by default will be rendered against you.

Witness my hand and the seal of the Circuit Court this 18th day of May, 2005.

Linda Adkins Circuit Clerk (seal)