Legals December 23, 2016
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
Public Notice DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION TIMBER SALE and COMMERCIAL LEASE The Department of Natural Resources and Conservation (DNRC), Libby Unit is considering two proposed actions in the Cripple Horse Bay area located in T31N R29W section 2 in Lincoln County. These proposed projects would generate revenue for the Public Buildings Trust. Thompson Contracting Inc. of Libby, MT has proposed to lease 162.5 acres of state trust land. This lease would be for the development and operation of recreational vehicle camping facilities and associated amenities (i.e., hiking trails, electricity distribution, wells and water distribution, septic fields, club house, etc.). Approximately 1 1/2 to 2 miles of road would need to be constructed to fully access the site. DNRC is proposing to harvest timber on the parcel prior to development. Preliminary field observations indicate that approximately 750 thousand board feet to 1 million board feet of timber would be harvested. New roads needed would be complementary to the commercial development. Ground based logging systems would be utilized on all the harvest acres. Proposed silvicultural treatments may include commercial thinning and individual tree selection harvest treatments. Follow-up treatments could include machine piling, burning and herbicide application. DNRC also proposes to change the land classification of this parcel from 'Forested' to 'Other'. DNRC is in the scoping phase of the project environmental assessment so all volumes, acreages and road distances are preliminary estimates. In preparation for this project, specialists such as wildlife biologists, hydrologists, soil scientists, and archaeologists will be consulted. DNRC invites written comments and suggestions concerning this proposal. Please respond by January 31, 2017 to: Montana Department of Natural Resources and Conservation, attention: Jeremy Rank, 177 State Lands Office Road, Libby, MT 59923 or e-mail at: jrank@mt.gov. Published In The Western News December 23, 2016 January 6, 20, 2017 MNAXLP
NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 03/12/09, recorded as Instrument No. 217648 Book: 324 Page: 528, mortgage records of LINCOLN County, Montana in which Anna S Tope, a single person was Grantor, Edward Jones Mortgage, LLC was Beneficiary and Alliance Title & Escrow Corp. was Trustee. First American Title Insurance Company has succeeded Alliance Title & Escrow Corp. as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in LINCOLN County, Montana, more particularly described as follows: Lot 65 of Pine Bay No. 2, according to the map or Plat thereof on file in the office of the Clerk & Recorder, Lincoln County, Montana. Plat #2567 By written instrument recorded as Instrument No. 217649 Book:324 Page:529, beneficial interest in the Deed of Trust was assigned to Wells Fargo Bank, NA. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's failure timely to pay all monthly installments of principal, interest and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note ("Loan") is now due for the 06/01/16 installment payment and all monthly installment payments due thereafter. As of October 13, 2016, the amount necessary to fully satisfy the Loan was $232,986.32. This amount includes the outstanding principal balance of $225,508.96, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary's security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction Lincoln County Courthouse, 512 California Avenue, Libby, MT 59923, Outside the North door steps, City of Libby on February 27, 2017 at 2:00 PM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by trustee's deed without any representation or warranty, express or implied, as the sale is made strictly on an as-is, where-is basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee's sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee's and attorney's fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee's termination of the foreclosure and cancellation of the foreclosure sale. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. Tope, Anna S. (TS# 7023.117253) 1002.289092-File No. Published In The Western News December 9, 16, 23, 2016 MNAXLP
LEGAL NOTICE NOTICE OF INTENT TO SELL CONTENTS OF STORAGE UNITS AS LISTED BELOW ON JANUARY 12, 2017 AT 2:00P.M. FOR PAST DUE RENTS OWED TO STARLITE STORAGE. ALICE THOMAS B49 PAM POLEYEWSKI B48 Published In The Western News December 16, 23, 2016 MNAXLP
TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative, Glenn D. Johnson MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY JAMES B. WHEELIS, District Court Judge Cause No DP-16-83 In Re The Estate of CLIFFORD GLENN JOHNSON Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to GLENN D. JOHNSON, the Personal Representative, certified with return receipt requested, to c/o Tanko Law Office, 392-1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above entitled Court. DATED this 14th day of November, 2016. GLENN D. JOHNSON, Personal Representative Published In The Western News December 9, 16, 23, 2016 MNAXLP