Legals April 28, 2017
James T. Carr CARR LAW FIRM, P.C. 611 Pleasant - P.O. Box 1257 Miles City, Montana 59301 Phone: (406) 234-4569 Attorney for Plaintiff MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY _________________ Cause No. DV-17-54 _________ ERIC J. BASHORE, Plaintiff, vs. ANDARGE ANTON EKHOLT, LINCOLN COUNTY TREASURER, Lincoln County, Montana, and all other persons unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon, the real property described in the Complaint or any part thereof adverse to Plaintiff's ownership, or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, and the unknown heirs, grantees and devisees of any of the above-named Defendants who may be deceased, and the wife of any heir or devisee, if married, and the successors of any named corporation, and the unknown owners of said real property, Defendants. SUMMONS FOR PUBLICATION __________________________THE STATE OF MONTANASENDS GREETINGS TO THE ABOVE-NAMED DEFENDANTS, AND TO ALL OTHERPERSONS UNKNOWN: You are hereby summoned to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, and file your answer and serve a copy thereof upon the Plaintiff's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear and answer, judgment will be taken against you by default for the relief demanded in the Complaint. That said action is brought for the purposes of quieting title to the land situated in Lincoln County, Montana, and described as follows: Lot 1, Elysian Estates, according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat #6888 WITNESS my hand and seal of said Court this 20TH_day of April, 2017. TRICIA BROOKS Clerk of District Court By Jen Brown Deputy Clerk Published In The Western News April 28, May 5, 12, 2017 MNAXLP
C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of Kimberly J. Lien, Deceased Cause No. DP-17-14 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 months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Darryl A. Lien, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED February 13, 2017. s/ Darryl A. Lien Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/C Mark Hash Published In The Western News April 28, May 5, 12, 2017 MNAXLP
NOTICE OF TRUSTEE'S SALE TO WHOM IT MAY CONCERN: 1. Property. This Notice concerns the following described real property (the "Property") located in Lincoln County, Montana, and more particularly described as follows: Lot 1A and 1B of the amended Plat of Lot 1 Zach Subdivision, according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat 5379 2. Deed of Trust. The Grantor named below executed and delivered to the Beneficiary named below a Deed of Trust covering the Property. The Deed of Trust is described as follows: DatE: April 15, 2010 Grantor: Dale E. Muller and Janice R. Muller Trustee: C. Mark Hash Beneficiary: Glacier Bank Recorded in the records of Lincoln County, Montana, as follows: Date: April 21, 2010 Time: 11:50 a.m. Instrument No.: 225665 Book: 331 Page: 337 3. Note. The Deed of Trust was given to secure payment of a Promissory Note in the original principal amount of $62,559.25 from Grantor to the Beneficiary. The Promissory Note is dated April 15, 2010. 4. Substitute Trustee. Randall S. Ogle, an attorney living in Kalispell, Montana, was substituted as trustee by a written document recorded in the records of Lincoln County, Montana, as follows: Date: March 14, 2014 Instrument No.: 250465 Book: 352 Page: 290 5. Default. Grantor, or their successors in interest, have defaulted under the Promissory Note and Deed of Trust in that they failed to pay the Promissory Note payments due and owing for September, October, November, December, 2016, and January, 2017, leaving payments due and owing of $4,498.11, including penalty and interest to February 2, 2017 plus all taxes, penalty and interest due thereafter. 6. Amount Owing. The amount owing under the Promissory Note and Deed of Trust is the sum of $32,547.19, plus interest at the rate of 8.750% per annum from February 2, 2017, to the date of payment, plus all taxes, penalty and interest, costs and attorneys fees which are allowed by law. 7. Acceleration. Notice is hereby given that the Beneficiary under the Deed of Trust and the undersigned Substitute Trustee have elected and do hereby elect to consider all principal and interest to be immediately due and payable in consequence of the default of Grantor under the Promissory Note and Deed of Trust. 8. Notice of Sale: Notice is hereby given that the Beneficiary under the Deed of Trust and the Substitute Trustee hereby elect to sell or cause to be sold the Property described above to satisfy the obligations secured by the Deed of Trust. The sale will be held at the following date, time and place: Date: June 21, 2017 Time: 10:00 a.m. Place: Lincoln County Courthouse entrance The Substitute Trustee will sell the property at public auction to the highest bidder, in cash, in lawful money of the United States, all payable at the time of the sale. DATED this 9TH day of February, 2017. OGLE & WORM, PLLP : BY:_______________________Randall S. Ogle Substitute Trustee STATE OF MONTANA ) :ss. County of Flathead ) On this __9TH__ day of February, 2017, before me the undersigned, a Notary Public for the State of Montana, personally appeared RANDALL S. OGLE, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Amy Saltz Notary Public for the State of Montana Published In The Western News April 21, 28, May 5, 2017 MNAXLP
NOTICE OF TRUSTEE'S SALE THE FOLLOWING LEGALLY DESCRIBED TRUST PROPERTY TO BE SOLD FOR CASH AT TRUSTEE'S SALE. Notice is hereby given that the undersigned Successor Trustee will, on September 6, 2017 at the hour of 02:00 PM, sell at public auction to the highest bidder for cash, the interest in the following described real property which the Grantor has or had power to convey at the time of execution by him of the said Deed of Trust, together with any interest which the Grantor or his successors in interest acquired after the execution of said Deed of Trust, to satisfy the obligations thereby secured and the costs and expenses of sale, including reasonable charges by the Successor Trustee, at the following place: Lincoln County Courthouse, 512 California Ave, Libby, MT 59923 John A. "Joe" Solseng, a member of the Montana state bar, of Robinson Tait, P.S. is the duly appointed Trustee under and pursuant to the Deed of Trust in which and Timothy M McNair, and Laura B McNair, as Grantor, conveyed said real property to Charles J. Peterson, Attorney at Law as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., Beneficiary of the security instrument, said Deed of Trust which is dated August 21, 2006 and was recorded on August 28, 2006 as Instrument No. Book 306 at Page 647, of official records in the Office of the Recorder of Lincoln County, Montana. The Deed of Trust encumbers real property ("Property") located at 312 IDAHO AVE LIBBY, Montana , MT 59923 and being more fully described as follows: LOTS 6 AND 7, BLOCK 26, LIBBY ORIGINAL, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF LINCOLN COUNTY, MONTANA. The beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by Ditech Financial LLC. The Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the Promissory Note ("Note") secured by said Deed of Trust due to Grantor's failure to timely 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. The default for which foreclosure is made is grantors' failure to pay when due the following sums: monthly payments beginning December 1, 2015 through March 31, 2017 in the principal amount of $11,838.21; plus accrued late charge in the amount of $128.91; plus other fees and costs in the amount of $2043.93; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable. By reason of said default, the beneficiary has declared all sums owing on the obligation secured by said trust deed immediately due and payable, said sums being the following, to wit: $92,010.80 with interest thereon at a variable rate currently at 3.62500 percent per annum beginning November 1, 2015 in the amount of $6,734.04; plus escrow advances of $2,044.25; plus other fees and costs in the amount of $2,153.41; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described property and its interest therein; and prepayment penalties/premiums, if applicable. Due to the defaults stated above, the Beneficiary has elected and has directed the Trustee to sell the above-described property to satisfy the obligation. Notice is further given that any person named has the right, at any time prior to the date last set for the sale, to have this foreclosure proceeding dismissed and the Deed of Trust reinstated by making payment to the Beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust, together with Successor Trustee's and attorney's fees. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. Dated: 3/30, 2017 /s/ John A. "Joe" Solseng, a member of the Montana state bar, Attorney of Robinson Tait, P.S., MSB #11880 Published In The Western News April 21, 28, May 5, 2017 MNAXLP