STATE OF MICHIGAN IN THE 38TH CIRCUIT COURT FOR THE COUNTY OF MONROE

STATE OF MICHIGAN IN THE 38TH CIRCUIT COURT FOR THE COUNTY OF MONROE WHITEFORD TOWNSHIP, A Michigan municipal corporation (Plaintiff) v UNKNOWN HEIRS, ASSIGNS, AND SUCCESSORS OF PAUL APPLING AND LAURA APPLING (Defendants) Case No. 26-150238-CH There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint. VERIFIED COMPLAINT TO QUIET TITLE Plaintiff, Whiteford Township, a Michigan municipal corporation (hereafter the "Township") by its attorneys, Castleberry & Lucas complains of defendants, the Unknown Heirs and Assigns of Paul Appling and Laura Appling and states as follows: The Township is a Michigan municipal corporation situated in Monroe County, Michigan.This litigation involves title to a parcel of land located in Monroe County, Michigan.On June 11, 1949 the Township acquired certain property in the Township by a warranty deed conveyed by Paul Appling and Laura Appling (hereafter referred to as the "1949 Deed"). Exhibit AThe legal description on the 1949 Deed conveying title described the Subject Property as follows: Land situated in the Township of Whiteford, County of Monroe, State of Michigan and described as follows, to-wit: A part of the Southwest quarter of the Southwest quarter of Section 14, Town 8 South Range 6 East described as starting at the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 14, running thence East 19.16 chains to the Northeast corner of said Southwest quarter of the Southwest quarter, thence South 10.96 chains, thence South 60 º West 9.63 chains to a point in the center of the highway being the point of beginning, Thence North 36 º West 0.71 chains, thence North 54 º East 2.62 chains, thence South 36 º East 00.715 chains, thence 2.623 chains to the point of beginning. The legal description as set forth in the 1949 Deed is not accurate and fails to describe the entirety of the land acquired by the Township in 1949.The legal description of the land occupied and controlled by the Township since it acquired the property in 1949 is as follows: Land situated in the Township of Whiteford, County of Monroe, State of Michigan being further described as: Being a part of the Southwest 1/4 of Section 14, Town 8 South, Range 6 East and commencing North 86º48'18" East, 982.34 feet, measured (S89°21'52"E, 977.50 feet, recorded) and North 39º55'10" West, measured (N36°05'00"W, recorded) 383.10 feet from the Southwest corner of said Section 14 at a found brass disc, as recorded in L.C.R.C. Liber 4, Page 341, Monroe County Register of Deeds, thence continuing North 39º54'50" West measured (N36°05'00"W, recorded), 138.29 feet; thence North 50º04'50 " East, 170.95 feet, measured (N53°55'00°E, 171.00 feet, recorded); thence South 39º55'10" East, measured (S36°05'00"E, recorded) 167.16 feet; thence South 59º39'50" West, 173.38 feet, measured (S63°30'00"W, 173.42 feet, recorded) to the point of beginning. The above described parcel contains 0.599 acres more or less. Parcel subject to the rights of the public over the southwest 33 feet more or less taken for road purposes and subject to easements and restrictions of record if any. Exhibit B Hereafter referred to as the "Subject Property". To the best of the Township's knowledge the unknown heirs, assigns and successors of Paul Appling and Laura Appling (hereafter referred to as the "Applings") retain legal title to the portion of the Subject Property not conveyed to the Township by the 1949 Deed.Since 1949, the Township has treated and continues to treat the entirety of the Subject Property as its own for all purposes.The Township's use and possession of the Subject Property has been actual, visible, open, notorious, exclusive, continuous, and uninterrupted for more than 15 years, thus satisfying the requirements for adverse possession under Michigan law.The Township has attempted to discover the heirs, assigns and successors of Paul Appling and Laura Appling.The Township has not been able to locate any open or closed probate estates, nor do they even know in which state or county the Applings died.The Township has been unable, after diligent search of the public records for Monroe County, to determine if the Applings' interest in the unconveyed portion of the Subject Property was ever disposed of by will or intestate succession, assigned to any other person or persons; if such persons are dead, whether they have personal representatives or heirs living or where they or some of them may reside; or whether those titles, interests, claims, liens, or possible rights have been disposed of by will. Wherefore plaintiff, Whiteford Township respectfully request that this Honorable Court enter an Order authorizing service of process by posting and publication, pursuant to MCR 2.106(b) and thereafter grant judgment as follows: A. Determine that title to the Subject Property is plaintiff's in fee simple and that title to the Subject Property be forever quieted by this judgment; B. Plaintiff's title to the Subject Property is a valid title against defendants, all persons claiming under defendants, and all other persons claiming an interest thereto; C. The title of any person claiming ownership of the Subject Property is cut off by adverse possession; and D. Plaintiffs have such other and further relief as the court deems just and appropriate or as the equities require. Dated: April 28, 2026 CASTLEBERRY & LUCAS Frederick Lucas Attorney for Plaintiff VERIFICATION I, Jeffrey Thomas, am the elected supervisor of Whiteford Township, the plaintiff in the above-entitled action. I have read the foregoing verified complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief; and, as to those matters, I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 28, 2026. Jeffrey Thomas MOTION AND VERIFICATION FOR ALTERNATE SERVICE WHITEFORD TOWNSHIP, A Michigan municipal corporation (Plaintiff) v UNKNOWN HEIRS, ASSIGNS, AND SUCCESSORS OF PAUL APPLING AND LAURA APPLING (Defendants) Case No. 26-150238-CH In the matter of Quiet Title 1. Service of process upon UNKNOWN HEIRS, ASSIGNS, AND SUCCESSORS OF PAUL APPLING AND LAURA APPLING cannot reasonably be made as otherwise provided in MCR 2.105, as shown in the following verification of process server. 2. Defendants last known home and business addresses are: unknown b. I do not know the Defendant's current home address. 3. I request the court order service by alternate means. I declare the statements above are true to the best of my information, knowledge, and belief. 4/28/2026 Frederick Lucas (P29074) 7577 US-12, Suite A, Onsted, MI 49265 517-467-4000 ORDER FOR SERVICE BY PUBLICATION/POSTING AND NOTICE OF ACTION WHITEFORD TOWNSHIP, A Michigan municipal corporation (Plaintiff) v UNKNOWN HEIRS, ASSIGNS, AND SUCCESSORS OF PAUL APPLING AND LAURA APPLING (Defendants) Case No. 26-150238-CH IT IS ORDERED: 1. You are being sued in this court by the plaintiff to Quiet Title. You must file your answer or take other action permitted by law in this court at the above address on or before (28 days after last date of publication). If you fail to do so, a default judgement may be entered against you for the relief demanded in the complaint filed in this case. 2. A copy of this order shall be published once each week in The Tecumseh Herald for 3 consecutive weeks, and proof of publication shall be filed in this court. 3. Agent of Frederick Lucas shall post a copy of this order in the courthouse, and at property described in complaint for 3 continuous weeks, and file proof of posting in this court. FILED 5/21/2026 Judge DANIEL WHITE June 15, 22, 29 2026 LPET0532172