December 23, 2016 4:10 a.m.
AFTER RECORDING, PLEASE RETURN TO: Hendrickson Law Firm, P.C P.O. Box 2502 Billings, MT 59103-2502 NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 21st day of February, 2017, at 1:30 o'clock p.m., at the front door of Lincoln County Courthouse, Libby, Montana, is the following property: Lots 12, 13 and 14 of Block 3, Leonard Addition to Libby, according to the map or plat thereof in file in the office of the Clerk and Recorder, Lincoln County, Montana; together with all buildings, fixtures and improvements thereon and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said property, or any part thereof. Pennie L. Gustin, as Grantor, conveyed the above-described property to First American Title Company, as Trustee, to secure an obligation owed to United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture, as Beneficiary, by Trust Indenture, dated October 4, 2005, and recorded on October 4, 2005, in Book 299, on Page 401, under Document No. 188425, records of Lincoln County, Montana. The Trustee in the Trust Indenture was replaced by a Successor Trustee, namely, Mark E. Noennig, the undersigned. The default in the obligation, the performance of which is secured by the aforementioned Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to pay the monthly installments of $570.06 each due thereunder on the 4th day of each of the months of April, 2016, through May, 2016, and to pay the monthly installments of $643.71 each due thereunder on the 4th day of each of the months of June, 2016, through October, 2016, which is applied to principal and interest and to an escrow account if established for other obligations under the Trust Indenture, late charges which are 4.00% of principal and interest more than 15 days in arrears, currently $50.58, attorney's fees and foreclosure costs, currently $1,236.00, advances for obligations under the Trust Indenture, currently None for a current total default of $5,645.25, together with accruing late charges, advances, and expenses of foreclosure, including attorney's fees and costs. There is presently owed on the obligation secured by the Trust Indenture the principal sum of $76,051.88 plus interest thereon at the rate of 5.375% per annum from the 4th day of March, 2016, until paid, or $11.1994 per day, currently a total of $2,396.66, late charges and advances for obligations under the Trust Indenture, currently 1,010.24, payoff fee in the amount of None, together with recapture of total subsidy granted, currently in the amount of $8,393.71; attorney's fees and costs, currently $1,236.00, for a current total indebtedness of $89,088.49. Other expenses to be charged against the sale proceeds include accruing late charges, escrow shortages, if any, attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above-described property to satisfy the aforementioned obligation and has instructed the undersigned Trustee to do so. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be by a Trustee's Deed, made "as is," without representations or warranties, express or implied, including warranties of title, possession or encumbrances. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The sale may be postponed up to 15 days for any reason by public proclamation at the scheduled sale. If there is a stay by bankruptcy or court order, the sale may be postponed up to 30 days at a time by public proclamation, for a total of no more than 120 days. The grantor, successor in interest to the grantor, or any other person having an interest in the property, at any time prior to the Trustee's Sale, may pay to the beneficiary the entire amount then due under the Trust Indenture and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default theretofore existing. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 4th day of October, 2016. MARK E. NOENNIG, Trustee P.O. Box 2502 208 North Broadway, Suite 324 Billings, Montana 59103-2502 STATE OF MONTANA ) :ss County of Yellowstone ) On this 4th day of October, 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK E. NOENNIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. SARAH LACEY ROSE Notary Public for the State of Montana Residing at Billings, Montana My commission expires: 6/27/2018 Published In The Western News December 16, 23, 30, 2016 MNAXLP