August 29, 2017 5:10 a.m.
NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by Fred Simpson, as Successor Trustee, of the public sale of the real property herein after described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAMES OF THE GRANTOR, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE TRUST INDENTURE, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, AND ANY SUCCESSOR TRUSTEE ARE: Grantor: Wilderness Preserve US LP, a Montana LP Original Trustee: First American Title Company Beneficiaries: Waconda Arizona Properties III, LLC, and Waconda Education and Incentive Trust Successor Trustee: Fred Simpson THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Lincoln County, Montana, is more particularly described as follows: Lot 226A of the Wilderness Club Amendment 9, (being Amended Plat of Lots 226 & 227, The Wilderness Club Phase 3, and Lot 245, The Wilderness Club Phase 4 and Golf Course, Common Area/ Open Spaces & Future Phases, The Wilderness Club) according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. CS #4389RB AND An undivided 8/12 interest as tenants in common with the other owners of Fractional Estates in and to the remainder, particularly described as: Fractional Estate No. 2, 5, 6, 7, 8, 10, 11 and 12 in Lot 228 of The Wilderness Club, Phase 3, a resort residence according to the Declaration of Protective Covenants and Fractional Ownership Agreement for the Wilderness Club, recorded September 25, 2015 in Book 359 at page 663. RECORDING DATA: Deed of Trust was recorded on November 17, 2015, in Book 360 at page 448 THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: 1) Failure to pay amounts due pursuant to the terms of the Deed of Trust and Grantor's Promissory Note dated November 16, 2015, secured thereby, executed by Grantor Wilderness Preserve US LP, a Montana LP, including but not limited to the nonpayment of the entire principal sum of Six Hundred Thirty Thousand and No/100 Dollars ($630,000.00) together with interest thereon at the annual rate of Fifteen Percent (15% through November 16, 2016, plus interest on the outstanding balance of principal and accrued interest at the rate of Five Percent (5% per annum from and after November 17, 2016. THE SUMS OWING ON THE OBLIGATION SECURED BY THE TRUST INDENTURE ARE: Principal: $630,000 Interest: $94,500 through November 16, 2016 Late Charges/Default Interest: $24,911.75 (through July 25, 2017, accruing at $99.25/day) The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantor or successor in interest to the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and cost and expenses of sale. THE SUCCESSOR TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE, AND TERMS OF SALE ARE: Date: December 15, 2017 Time: 10:00am, Mountain Standard Time Place: Lincoln County Courthouse, 512 California Avenue, Libby, Montana, 59923 Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Successor Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. DATED this 25th day of July, 2017. Fred Simpson Successor Trustee STATE OF MONTANA ) : ss. County of Missoula ) This record was acknowledged before me on July 25, 2017 by Fred Simpson as Successor Trustee. Printed Name: Jodi R. Wilson NOTARY PUBLIC, State of Montana Residing at: Missoula, MT My commission expires: Sept. 5, 2019 Published In The Western News August 15, 22, 29, 2017 MNAXLP